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1014 Polaris Dr
10/09/2001 22:22 9496313122 SWIFT ie PAGE 02 i i 2a COUNTY PROPERTY PERMIT I Page 1 of 101-00723 ENCROACHMENT PERMIT la9rzooi AKAsc Io:i414AM Permit Ni0: 2001_0072: NSPECTION PHONE County of Orange Public Facilities and Resources Department Effective DAC: 10/9/2001 949-509-6683 County Property Permits 12:00:OOAM uspeclion office shall be notified lm"O (2) WORK DAYS PRIOR t least 2�1/2002 u Main Office: 300 North Flower Strect, Room 122 Expiration Dalte: 12:oo:UUAM ununencing permitted use. FAILURE Santa Ana, California 92703-5001 -U OBTAIN INSPECTION SHALL or P.O. Box 4048, Santa Ana, California 92702-4048 Phone: (714) 814.3432 or (714) 834-5238 %OID THIS PERMIT Fax: (714)835-7425 PERMITTEE FACILITY Ben Bukewinge �0 C 1 d 1014 Polaris Type facility Name Number Newport Beach, CA 92660 Newport Harbor Tidelands HAT001 949-645-0477 Contact Person Ben BlikewilLge Telephone No. 949.645-04 7 insured SWIFT SLIP (Roa State] Policy 01500,26-11 Expires 2/l/2002 PERMITTED USE- User of County property is hereby authorized as follows, subject to provisions attached hereto: To remove existing and constrict and maintain a new boat dock, gangway, and landing within the County's Newport Harbor Tidelands for 1014 Polaris, pu suant to Resolution No. 91.904, and located within the extension of pemuttep's side property lines, per plans and provisions attached and to the satisfaction of County inspection personnel. SEE SPECIAL PROVISION ' F" REGARDING CANTILEVERED CONCRETE DECK WITHIN COUNTY TIDELANDS. PERMIT NOT EFFECTIVE UNTIL PERMITTED USE APPROVED BY ASSIGNED INSPECTOR. CEQA Code 1 LOCATION OF WORK: 1014 Polaris, Newport Harbor [Tidelands Dimension/Type: residential boat dock Thomas Brothers: 919;B1 Area: Newport Beach CONSIDERATION: Types PWO# PeirmitFees Surety Penalty Total Total Fees =540.00 HC EH68210 $540,0 (2062) $0.00 (2092) $0.00 $540.00 Payment Trust Chmi Receipt Date Amount Total Payment: $540.00 Check 2518 000-8773 5/24/2001 $100,00 Check 2578 000-12044 10/9/2001 $440.00 PERMITTEE'S ACCE ANCE: COUNTY APPROVAL: 10/9/2001 George Rakas PERMIT AND APPROVED LANS SHALL tat: MAIN'rAINED ON JOB SITE PER.MITEE SHALL QOitiiPLl W1cil REGULATIONS PRINTED N REVERSE SIDE OI PERMITAND ATTACHMENTS. ALL UNDER(JRUUNI) WUR}: REQUIRES PRIOR'UNDE 'ROUND SLRV ICE ALERT' COMPLIANCE, THIS PERMIT IS NON-TkANSFER,-1BLL Note: Surety will not be r funded until Final Inspection is performed and submitted to County Property Permits 22 SWIFT PAGE 03 10/09/2001 22:22 94963 a COUNTY OF ORANGE PUBLIC FACILITIES & RESOURCES DEPARTMENT COUNTY PROPERTY PERMITS SPECIAL PROVISIONS By acceptance of this permit, permittee agrees to the following: A. This permit is limitd to temporary and revocable use of a portion of County owned property. 200140723 Pemeit No. B. Permittee, successors or assigns shall assume all responsibility for compliance with applicable zoning mid land use requirements imposed by any regulatory agency. C. This permit may be revoked or amended for reasons in the best interest of the County or the general public or by failure to properly maintain the area. Permittee, successors, heirs, or assigns directed to mmove encroachments will be notified by regular maul and shall have 30 days to do so. After the elapse of said 30-day period, the County may take full possession of the area and dispost of or salvage any improvements, etc., remaining, Permittee, successors, heirs or assigns shall pay to the County any and all costs involved in the event removal of said improvements is necessary by County. D. If litigation is required by County to enforce the terms of this permit because of breach or default by permitte County shall be entitled to recover from pmnittee attorney's fees, as fixed by the court, i cluding all costs of the services of the Office of County Counsel. E. Permittee shall keel: and maintain the permitted facilities in good and substantial repair and conditions. All improvements shall remain the property of permittee during the terms of this permit. County sha 1 have no obligation to permittee for the condition of the improvements. Permittee shall mak all necessary repairs or improvements, including, but not limited to the maintenance of bull head, piers, moorings, buoys, grains, walkways, plumbing and electrical installations (inclu ng lighting). Permittee further agrees to keep the area free and clear of rubbish, debris and 'tter at all times. F. Permittee shall within County existing house remodel. Concur with the above Sign cantilevered concrete deck (nonconforming structure) that encroaches t Harbor Tidelands if major remodeling and/or rebuilding of the Major remodeling meaning one wall or less left standing during ar�i S /30frJ'w; hye Print Aa l©-yf-oi 10/09/2001 22:22 9496313122 SWIFT PAGE 01 TEt. DATE: PAGESTRANSM TO: COMPANY NAM FAX NUMBER:_ SUBJECT:) r MESSAGE:_ SWIFT SLIP DOCK AND PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 _PHONE (949) 631.31 21 • FAX (949) 631-3122 FAX COVER LETTER FAX # (949) 631.3122 INCLUDING COVER LETTER: 5 PLEASE RFsP ND, —FOR YOUR INFORMATION !� _-- lF YOU DON DT RECEIVE ALL OF YOUR PAGES, OR IF YOU RECEIVE T141S FAX IN ERROR. PLEASE CALL US AS SOON AS POSSIBLE I n. Ia'�� - STATE OF CALIFORNIA STATE LANDS COMMISSION ' 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 April 20, 1988 File Ref: SO 88-04-11 G 09-02.1 Brian Jeannette 6 Associates, Inc. Attention: Mr. Robert Willis 470 Old Newport Boulevard Newport Beach, California 92663 Dear Mr. Willis: The staff of the State Lands Commission has received your letter dated April 6, 1988, and attached drawing relative to the proposed cantilevered decking construction for Mr. Ben Bukewthge located in the City of Newport Beach. The tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursuant to Chapter 526, Statutes of 1919, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. In addition, residential use is not an appropriate public trust use of legislatively granted tide and submerged lands. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Nanci Smith, at (916) 322-7193, if you require additional assistance. Very truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation cc: Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 f, . Attorney General Office ./ �1}-� •.J` Mr. Robert Burnham <l 3300 Newport Boulevard �'r ^ElrED Newport Beach, CA 92660"UEY 56221 zy Ii ;21 9 InU8r C! of I .. ___ CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 August 1, 1989 Ms. Nancy Smith Land Agent State Lands Commission 1807 13th Street Sacramento, California 95814 Re: Harbor Permit Application No. 0115 Bukewinge - 1014 Polaris Drive, Newport Beach Dear Ms. Smith: I have enclosed a copy of the following documents: 1. A letter from Eloise Hock Feinstein dated April 14, 1989. 2. A letter from R. D. Burk, Orange County EMA dated July 28, 1988. 1988. 3. My letter to Eloise Hock Feinstein dated July 22, 4. A letter from Leslie H. Grimes dated April 20, 1988. 5. A letter from Ben Bukewinge to the Newport Beach City Council. 6. Staff reports submitted to the Council prior to its decision to deny Harbor Permit Application No. 0115. The Bukewinge Harbor Permit Application was denied by the City Council more than a year ago. Ms. Feinstein, Bukewinge's attorney, repeatedly asked us to defer legal action until their engineers and consultants had an opportunity to examine various trust documents as well as other structures in the harbor. At one time, we met with Bukewinge to review photos he had taken of other. structures in the lower bay which had been built bayward of the bulkhead. Our investigation revealed that all such structures were upland of the adjudicated mean high tideline. 3300 Newport Boulevard, Newport Beach • 19 Ms. Nancy Smith August 1, 1989 Page 2 I apologize for the delay in sending this -material to you, but I have basically been by myself in the office for the last five months. In my opinion, Ms. Feinstein has not raised any new issues and I suspect the State Lands Commission position on the cantilevered deck remains the same. However, the deck is constructed over County tidelands with the City having permit issuing authority by virtue of long standing practice. I want to be sure the State Lands and the County support the City's denial of the permit and any legal action to enforce that decision. While I am reluctant to recommend reconsideration of the application, I should have prepared findings for the Council when it first denied the permit and reconsideration would give us the opportunity to establish a better record if litigation is necessary (and I think it will be). Once you have had an opportunity to review this material, please call me. Ver truly yours, obert Burnham ity Attorney RHB:Jg Enclosures cc: 'long iWim, -marine, LOS ANDELCS ]]3 SOUTN GRAND AVENUE LOS ANGELES, CALIFORNIA 90O7h3197 CENTURY CITY 2029 CCNTuar I.. EAST 105 ANGELES. CALIFORNIA 00067-1026 SACRAMENTO I0 10 F STREET A SACRAMENT.. CLIFORwA 059m-0626 SAN DIEGO 000 0 STREET SAN DIEGO, CALIFORNIA 02101-4520 SAN FRANCISCO ONE MONTGOMERY STREET. TELESIS TOWER SAN FRANCISCO, CALIFORNIA 941p4-45D5 SANJOSE ONE ALMADEN BOULCVARD SAN JOSE. CALIFORNIA 95113.2267 DALLAS ITDO PACIi1C AVENUE OALHS. TEXAS 752OrA610 DENVER 1601 CALIFORNIA STREET DCNVER COLORAD090202-2604 SEATTLE 101 FIFTH AVENUE SPTTLE, WASHINGTON 9S104-7089 WRITERS DIRECT DIAL NUMBER (714) 759-3878 GIBSON, DUNN & CRUTCHER LAWYERS JAB A. 01650N. 1852M022 w_ C. DUNN. W6MI025 800 NEWPORT CENTER DRIVE ALBERT CRUTCHER, IB60 031 POST OFFICE BOX 2490 NEWPORT BEACH, CALIFORNIA 92660-6395 wEw rOwx (714) 759-31500. 200 PAR. AVENUE NEw YORN, NEW Yo.x IOI66.0193 TELEX; 18226J GIRT gpSN NPBH ' TELECOPIER:(J14) J59-0598 WASHwGTON IDSO CONNECTICUT AVENUE. N W. WASHINGTON. D.C. 2p 36-5]0] April 14, 1989 EUROPE MG AVENUE RAYMOND PDINCARE 76116 PARI6, FRANCE LONDON 30/35 PALL ALL LONDON S`MY 5LP HONG xONG I OUODCLL STREET MONG xONG TOxvO F1-] MARVNOUCNI CNrvODA-xy TORVD 100 JAPAN AFFILIATED SAUDI ARABIA OFFICE .✓��`\ CHAMBER OF sox .6106wLDING f ✓ \ RIVApM11.S4, 5AUO1 ARAOIIL OUR FILE NUMBER /�41, �j 11158-00004 Nr�nTr o 989'h J 0 r F ?1 Robert H. Burnham, Esq. City of Newport Beach Office of the City Attorney P. O. Box 1768 Newport Beach, CA 92658-8915 Re: Harbor Permit Application No. 0115-1014 SBukewihoe) Dear Mr. Burnham: In accordance with our recent conversation, the purpose of this letter is to explain the basis of our request that you recommend reconsideration, by the City Council, of the application of Mr. and Mrs. Ben Bukewinge to permit the construction of a deck cantilevered bayward of the bulkhead at 1014 Polaris Drive in Dover Shores. I recognize that you may ultimately disagree with Mr. Bukewinge's legal position, but I would hope. that would have no bearing upon your recommendation regarding reconsideration. As we discussed, I would prefer your approval of reconsideration over petitioning the Council without that approval, and that is why I have first directed this correspondence to you rather than to the Mayor and City Council. Robert H. Burnham, Esq. April 14, 1989 Page 2 To briefly review, the Bukewinges commenced construction of this deck extension in conjunction with a complex remodel pursuant to plans reviewed and permitted by the City. Approximately $10,000 was spent on the deck extension alone. It is undisputed that the cantilevered deck extension was depicted on the plans, copies of which I can make available to you upon request. Structural detail was not included, but neither was it sought during plan check. Nevertheless, on February 4, 1988, the Building Department (pursuant, it is believed, to a complaint of the Bukewinges' former neighbor, Dr. Ronald Stanford) issued a stop work order. Mr. Bukewinge was given a brief opportunity to discuss the matter with the City Council on May 9, 1988, but was not represented by legal counsel. At that time, the Council refused to approve a newly filed permit application for the deck extension. The Bukewinges have now retained this Firm in order to request reconsideration of their application for the following reasons. It is apparent that your opposition to this construction is based upon the tidelands trust held by the State of California, and the degree to which it would allegedly prevent this construction. As you will see, it is our position that the trust does permit this kind of construction, for two basic reasons. First, while not excluding residential uses, the tidelands trust clearly permits recreational uses, and the Bukewinges' deck should be classified as such. Second, the purpose of the trust is in no way imposed upon by way of construction of the requested deck. These points are best understood against the backdrop of the history and development of the law of the tidelands trust. For that reason, I ask your indulgence to present a brief history of an often misunderstood principle, followed by a discussion of these points. THE TIDELANDS TRUST IS NOT STRICTLY LIMITED TO "NAVIGATION COMMERCE AND FISHING" The tidelands trust doctrine is an ancient doctrine which evolved through many centuries and many different systems of law. Legal historians trace the doctrine to Roman law, where natural resources were deemed to be held in common for the benefit of all mankind. The 6 1.M Robert H. Burnham, Esq. April 14, 1989 Page 3 English modified the public concept of navigable waterways by theorizing that these resources were owned by the sovereign, but were held in trust subject to public rights. In the context of the then social and economic atmosphere, the popular uses were navigation, commerce and fishing. This tradition has carried over to the United States, where the state holds these resources in trust for its citizens. Often, the state transfers the responsibility for administration of the tidelands trust to other administrative entities, such as cities. This is, of course, the case with the City of Newport Beach. See generally Weber, The Public Trust Doctrine, in Rohan, Zonina and Land Use Controls, Chapter 26B; Ziemann, Purposes, 6 Loyola L.A. Law Rev. 485 (1973); Davis, California Tidelands Trust: Shoring it Up, 22 Hastings L.J. 759 (1971). Simply stating these principles, however, begs the question of what is the purpose of the trust. The California Supreme Court in National Audubon Society v. Superior Court, 33 Cal. 3d 419, 439, 189 Cal. Rptr. 346 (1983), provides an excellent and up-to-date analysis of the purpose and scope of the public trust. The opinion deserves to be quoted at length: The objective of the public trust has evolved in tandem with the changing public perception of the values and uses of waterways. As we observed in Marks v. Whitney, supra, 6 Cal. 3d 251, 980 Cal. Rptr. 790, 491 P.2d 374, '[p]ublic trust easements [were] traditionally defined in terms of navigation, commerce and fisheries. They have been held to include the right to fish, hunt, bathe, swim, to use for boating and general recreation purposes the navigable waters of the state, and to use the bottom of the navigable waters for anchoring,,standing, or other purposes.' (P. 259, 980 Cal. Rptr. 790, 491 P.2d 374.) We went on, however, to hold that the traditional triad of uses -- navigation, commerce Robert H. Burnham, Esq. April 14, 1989 Page 4 and fishing -- did not limit the public interest in the trust res. In language of special importance to the present setting, we stated that "[t)he public uses to which tidelands are subject are sufficiently flexible to encompass changing public needs. In administering the trust the state is not burdened with an outmoded classification favoring one mode of utilization over another. . . . 33 Cal. 3d at 434. National Audubon Society, and its predecessor, Marks v. Whitney, 6 Cal. 3d 251, 98 Cal. Rptr. 790 (1971), both California Supreme Court cases, make it clear that traditional notions of "fishing, navigation and commerce" are overly restrictive and, to a great degree, meaningless for present purposes. In modern times, general recreational purposes are an explicit and accepted purpose of the trust. Furthermore, the courts are encouraged by the California Supreme Court to weigh and compare varying and competing needs. As observed by the here controlling Fourth District Court of Appeal, "the public trust doctrine as codified in the California Constitution does not prevent the state from preferring one trust use over another." Carstens v. California Coastal Com., 182 Cal. App. 3d 277, 289, 227 Cal. Rptr. 135 (1986). The Court of Appeal goes on to conclude: we find nothing in article X, section 4 to preclude the Commission from considering commerce as well as recreational and environmental needs in carrying out the public trust doctrine. 182 Cal. App. 3d at 289. (Article X, section 4 provides, in short, that no one shall exclude rights of way nor destroy free navigation of tidal lands.) Recreational uses are, then, quite proper uses of tidelands held in trust. It is therefore both unfair and overly restrictive to say that since the deck is not used in fishing, navigation or commerce, it is therefore Robert H. Burnham, Esq. April 14, 1989 Page 5 impermissible. Not surprisingly, there are those who argue that the ultimate purpose of the trust is to reserve the use of the tidelands to promote the general welfare, and that promotion of the general welfare is the sole limitation on the use of tidelands. See 2iemann, supra, at 513. Indeed, nothing in California case law would seem to prohibit the residential use of the tidelands where it promotes the general welfare././ As the following section demonstrates, however, we need not be concerned with the permissiblity of residential use of the tidelands. The proposed building of the Bukewinge cantilevered deck may quite reasonably be classified as a recreational use of the area over the tidelands, and therefore permissible under the tidelands trust doctrine. A BAYFRONT DECK IS A RECREATIONAL USE The notion of recreation is broad and amorphous. Webster's Ninth New Collegiate Dictionary defines recreation as "restoration to health . . . refreshment of strength and spirits after work; also: a means of refreshment or diversion." The California Public Resources Code, Section 5780.4 defines it as follows: § 5780.4 Recreation, defined "Recreation" means any activity, voluntarily engaged in, which contributes to the education, entertainment, or physical, mental, cultural, or moral development of the individual or group attending, observing, or participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity. L/ The City's harbor permit policies concede that certain residential uses are appropriate. Section 2(F) defines the term "liveaboard" as "the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 3 days." 0 0 Robert H. Burnham, Esq. April 14, 1989 Page 6 Certainly, the deck in question will be used for recreational purposes. It will be used for entertainment, for observation of nature and aquatic sports, for the physical and mental development of those who use it, and for "refreshment and diversion." Putting aside the argument that residential uses -are not at all explicitly improper under the tidelands trust doctrine, the question becomes one of whether an outdoor deck, clearly used for recreational purposes, loses that identity simply because it is attached to a residence, given that the deck itself is clearly not a residence. One recent Court of Appeal case struggled to interpret the term residence: . . . the residential use of property must be deemed to include the broad sphere of home activities as they existed at common law. These activities include much more than the simple use of a house and grounds for food and shelter, but extend to the use of a home as a social institution, for the private religious, educational, cultural and recreational advantages of the family• SSeechrist v. Municipal Court, 624 Cal. App. 3d 737, 747, 134 Cal. Rptr. 733 (1976), quoting Thomas v. Zoning Board of Adjustment, 241 S.W.2d 955, 958-959 (Tex. Civ. App. 1951). Thus, to try to characterize an entire lot, and all structures upon it, as either residential = recreational is simply impossible. Portions of a lot and the structures upon it and attached to it may, however, be so classified. The purpose of a deck overlooking Newport Bay is no less recreational then a pier built along residential waterfront property. These piers are well accepted recreational uses of the waters subject to the tidelands trust. Delivered with this letter are photographs of the partially constructed Bukewinge deck. If you wish to view i Robert H. Burnham, Esq. April 14, 1989 Page 7 the deck personally, you need only contact me at 714-759-3878. As the pictures show, the cantilevered portion of the deck is a mere five feet deep. It is located above a long -permitted pier below the Bukewinge property. That pier, directly underneath the cantilevered deck, is 42 feet deep. Thus, the deck extends to a small fraction of the depth of the pier. It is therefore quite literally impossible for the deck to interfere with any use of the tidelands. Due to its peculiar location, including its level above the water and pier, the deck does not and cannot prevent any bathing, swimming, boating' or any other recreational use. Nor can it be said that it interferes with any manner of navigation, commerce or fishing in the Bay. The only neighbor to complain has now moved away, and all other neighbors have actually signed a petition supporting the Bukewinges. To say, therefore, that the deck cannot be permitted because it interferes with the purposes of the tidelands trust is simply to use the trust as a scapegoat. That one is to look to interference with trust purposes as the test is perhaps made most explicit by Public Resources Code Section 6321, which addresses the administration of state tidelands by the State Lands Commission, as follows: The commission may, upon written application of the littoral owner, grant authority to any such owner to construct, alter or maintain, groins, jetties, sea walls, breakwaters, and bulkheads, or any one or more such structures, upon, across or over any of the swamp, overflowed, marsh, tide or submerged lands of this state bordering upon such littoral lands if, at the time of construction or alteration, such structures do not unreasonably interfere with the uses and purposes reserved to the people of the state. . . . Since the City is doing no more than administering the trust in the Commission's stead, its goal should likewise be to insure against unreasonable interference, but no more. Case law similarly will not refuse a use where there is no unreasonable interference. 5.=, e.o., Woods v. Johnson, 241 Cal. App. 2d 278, 281, 50 Cal. Rptr. 5151 (1966) ("The trial judge found that • (r Robert H. Burnham, Esq. April 14, 1989 Page 8 respondents' fill does not significantly interfere with the navigation rights of appellants . appellants have not been able to give us more than a shadow of proof of interference with navigation.); western Oil & Gas Assn. v. State Lands Commission, 105 Cal. App. 3d 554, 563, 164 Cal. Rptr. 468 (1980) ("The disputed regulatory scheme does not on its face prohibit or even impede commercg."). The Bukewinge deck does not "unreasonably interfere" with trust purposes. Nor does it "significantly interfere" or "prohibit or impede" such purposes. In contrast, the deck extension involves no interference whatsoever with trust purposes, and it is unlikely that anyone except the Bukewinges and certain City officials will know the difference if it is torn down. Certainly, no member of the public is affected one way or another. This City's own regulations help illustrate the issue of unreasonable interference. The City has developed a means for determining whether a structure unreasonably interferes with the tidelands trust, by way of Section 17.24.090 of the Harbor Regulations. These Regulations deal with the revocation of a Harbor Permit, and describe seven specific grounds upon which revocation may occur. None are here applicable, as is apparent by a review of the following items: 1. To revoke a permit. the structure should be detrimental to commerce. navigation or_fishina. The cantilevered deck in no way contributes to any such detriment, and is no more and indeed significantly less invasive than the hundreds of piers dotting the Bayfront. 2. n, the deck does not intrude on any use of the Harbor. 3. There has never been any dispute that the deck is not or will not be properly constructed. 4. If fees have not revoked. This is not an issue. 10 i Robert H. Burnham, Esq. April 14, 1989 Page 9 5. If the structure has fallen into a state of disrepair, a Permit may be revoked. Again, this is not an issue. 6. land to be devoted to a Public use. The only thing whi occupies the space under the cantilevered deck is an already permitted pier. The deck extends significantly less into the Bay than does the pier. 7. A Permit may be revoked if the permittee not complied with conditions of the Permit. Since the question is one of whether a permit may be issued, this obviously does not apply. This revocation analysis is, of course, the flip side of the question of what to permit: if a structure is already in place, what are the guidelines under which the City should order its removal? Under this revocation analysis, the structure is entirely proper since it does not interfere with trust purposes. The Bukewinges sincerely desire that the Council be afforded an opportunity to give serious consideration to their request for a permit. The deck extension is completely recreational, and in no way interferes with trust purposes. Having once been left with the impression that the extension had been approved, they now seek explicit approval and the opportunity to enjoy their property and complete the construction of their deck. Furthermore, I would prefer to restrict the issues to be addressed by the Council to those outlined above, rather than bring into the discussion various other violations in the Bay. I look forward to your response to this correspondence. Sincerely, Eloise Hock Feinstein EHF:gis:7216K Enclosures ,. ! I G E IRONMENTAL MANAGEMENT AGENCY REGULATION JUL 2 e 1988 Robert Williams Brion S. Jeainette & Associates Inc. 470 Old Newport Boulevard Newport Beach, California 92663 Dear Mr. Williams: ERNIE SCHNEIDER DIRECTOR, EMA KEN R. SMITH DIRECTOR OF REGULATION LOCATION: 12 CIVIC CENTER PLAZA SANTA ANA, CA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702.4W nLE 88-01646-HE TELEPHONE: Q14) SU-2626 T'is is in response to your letter of February 18, 1988 on behalf of N.'. & Mrs. Bea Bukewinge, 1014 Polaris Drive, to construct a deck over County's Newport Beach Tidelands property. Your request has been reviewed by various divisions within this Agency with the determination that your proposal would not be consistent with the public's -'interests nor in compliance with accepted guidelines for County's Newport Tidelands property. Your request cannot be reco=ened for approval. As acknowledged some construction has taken place, any such encroachments must be removed to the satisfaction of EMA inspector. Please coordinate removal of unauthorized encroachments with Ed Williams of Harbors, Beaches & Parks Coastal Facilities at (714) 661-7013) Very truly yours, R. D. Burk, Manager Public Property Permits Division RBS:is cc: Mr. & Mrs. Ben Bukewinge Ed Williams, Reg. Fac. Ops. Tim Miller, Reg..Fac. Ops. CITY OF NEwo.'r 6"N AN CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 July 22, 1988 Eloise Hock Feinstein, Esq. Gibson, Dunn & Crutcher 800 Newport Center Drive Post Office Box 2490 Newport Beach, CA 92660-6395 Re: Harbor Permit Application No 0115 1014 1014 Polaris/Ben Bukewinge Dear Ms. Feinstein: Wanda Raggio, the City Clerk, will be happy to make arrangements for your representative to listen to, and make a transcript of, that portion of the May 9, 1988 City Council meeting relative to your client's harbor permit application. Mrs. Raggio can be reached by calling 644-3005. This letter will confirm your agreement to provide us a copy of the transcript once it is prepared. More than two months have passed since the City Council denied your client's application. I appreciate your need to review all relevant documents before advising Mr. Bukewinge, but this office is obligated to take action to enforce the Council's decision and should do so within a reasonable time after the decision is made. Accordingly, on or before August 19, 1988, we expect the request for reconsideration or correspondence reflecting your client's final position on the matter. Ver ' r ,ly yours, Abe H. Burnham City Attorney RHB/jc cc: Wanda Raggio 3300 Newport Boulevard, Newport Beach t. STATE OF CALIFORNIA � STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO. CALIFORNIA 95814 AECENED "RECEIVED AFTER AGENDA PRINTED" s - I APR 2 9 1988 >>. iz April 20, 1988 Bn:Ctr. r1h"i'E ti`� Fie ef: SO 88-04-11 �.. G 09-02.1 Brian Jeannette S Associates, Inc. Attention: Mr. Robert Willis 5 dA� 4w 470 Old Newport Boulevard 1, Newport Beach, California 92663 Dear Mr. Willis: The staff of the State Lands Commission has received your, letter dated April 6, 1988, and attached drawn relative to the proposed cantilevered decking construction for Ben Bukewinge ocated in the City of Newport Beach. The tide and subm which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursuant to Chapter 526, Statutes of 1919, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. In addition, residential use is not an appropriate public trust use of legislatively granted tide and submerged lands. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. please contact Nanci Smith, at (916) 322-7193, if you require additional. assistance. Very truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation cc: Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 56221 Attorney General Office Mr. Robert Burnham 3300 Newport Boulevard Newport Beach, CA 92660 TO THE HONORABLE MAYOR JOHN C. COX, JR. & DISTINGUISHED MEMBERS OF THE COUNCIL This is to inform you about the chain of events that has led to my dilemma on the 5 foot cantilever deck. First of all, it's completely thru the stamped set of plans - never did the City Building Department red line the cantilever deck. This would have at least informed me, the homeowner, that there was a problem. Of course, we would not have gone foreward and spent $10,000.00 dollars on the forms and steel reinforcement. Furthermore, you will find a permit for the back deck, including structural steel. I do not understand why the building department held this back from the package the City Attorney gave the City Council. If you read the Stateland's letter, you can read in it that there is no law definitely spelling out that it is illegal, and admittedly in, calling the Statelands, they will tell you, that it is mainly an assumption on their part because they have never authorized this in the past and do not like to make changes. There are two overhangs on the two points of Linda Isle which is on the same waterway as I am. Promittory Bay has an exception and can have cantilever decks. You will find Lido Isle a gross misuse of tidelands, they are permitted to put a concrete structure extending out for the t purpose of putting a dock ramp because of the position of the sea wall. This privilege has been grossly misused, for if you inspect the majority of these extensions, which are not supposed to be any wider than the dock ramp. What has happened is these were built almost as wide as the property and have been built into patios extending over the sea wall with patio furniture on them. Starting with the Balboa Bay Club which has overhangs in excess of 20 feet, just built next to Ardells is an overhang over 25 to 30 feet being used for a sales office. Cano's overhangs ■ the waterway by 30 to 40 feet. The Mariner Restaurant, just built, overextends the sea wall by 50 to 60 feet. That whole strip of sea wall is extended from the original sea wall lines to whatever distance suited them. The reading of the Statelands was done in 1919, don't you feel in your mind that is completely outdated? - Allowing commercial and not residential considered special interests. We are not in anyway harming navigational, recreational or fishing - our cantilever is 5 foot over the seawall, and our dock sticks out 42 feet, so this does not make any sense at all to me and I feel you. can understand that. I think it is time for the City Council to allow a 5 or 6 foot overhang which would then give the building department permanent guidelines, since I already have $10,000.00 invested, I feel strongly that I have an invested interest., I would sincerely hope that the City Council would look favorable on my request and assist me in my dilemma. With all due respect, I remain - Respectfully yours, Ben ukewinge J March 14, 1988 TO: FROM: SUBJECT: Recommendation: CITY OF NEWPORT BEACH Marine Department Agenda Item #f-421-4) 2'/ BY THE CITY COUNCIL CITY OF NE&M BEACH MAYOR AND CITY COU 'NCIL MAR 14 19BB Marine Department HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK HAYWARD OF 1014 POLARIS DRIVE If desired, deny the application. Discussion: This application is before the City Council as required by Section 5.B. of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this parpicular location the water area ,adjacent to the applicant's residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay. Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marine 99;irrector Tony F7eldm� Tidelands Administrator C/ r rfl-arcar-TY l.,oUkT I oN J e 1 �f � +rrwrrr r*n erw N '� a R TQ 0 Lw[Low D wIK rwr ALMO .o' e� e t r ofrlr' r�� ew[Iwr tew' C rat CMrwII P - Vlci nriTY SKETCH ""/"Tr Came Oyu i xrpy Q+i L woOar DAY, CAL Ifod NSA / } 6I 1 t b // dSOe�nlbdsin93 ore ffwcvscf once dlenoloe below Meonowtr 'COW WbAre. c/. ron9e of llde opprot/nro �e/y /O `%e'f• ilorbor /1i/e3 o e eslob/isW A IA;s.Scebom oedvdw, iSor. Ex�yT� tia1 .toU9r-, CNP-xT voo�- f�'oP >:IyTY (1oM M O N 511 P, 1r�r1 �blea 11 dV>✓R— L/CAvTS �U !:W I t? y �ir /_> GonvF_SS l014 polk>'�a 17�IVE AV n T H t'oU� oN WAT;✓� E PLAN N re Nr OArE CITY OF NEWPORT BEACH Agenda Item #F-12 (a) Marine Department March 14, 1988 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK BAYWARD OF 1014 POLARIS DRIVE Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by Section 5.B. of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this particular location the water area ,adjacent to the applicant's residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay. Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marine Rirrector Tony �f'eldm0 Tidelands Administrator i c 0_ of GoMMD�I� ' 57VIt �i0u I.oGkTI ON r e., eer6 � O �e e ? ~ O ar•n r.re ,+ r Q ,<woJ D � rrc c.r., . O • .0 .r.r CEO N � VICIMITY SKETCH aJrr.�rr� i W(wJoar BAY CALWOMM1A I, T serrr Sours dn93 orJ eJpressed rn isa/ once d1ne,1e d prhs below Mron Lowe, COW Wo{ar. ronye of fide approxr.+ro {dj• /D /ee% :lorbor /rire5 o e eslob/rshed ria {his ,sec{ro.r ofNen�er{ Soj: iyTT tl AN. � R � f7E(/IG ' NT. W ATE �—J S 1 E PLAN 0V;:F—. ?iU LIIK,H EAD ILiCAA--lrs P�U I�-�W I t} '! N �orl D Bck, t7 Te. _/es .400eess IDl4 PoL�tP I� p�IV� cow A o NN A NOA March 12, 2010 Dorothy Bukewinge o 15 Morning Light m Newport Coast, CA 92657 C3 RE: Illegal Live Aboard at 1014 Polaris Dr. o Dear Mrs. Bukewinge, Postmark Ratum Receipt Fee 1. Endorsement Required) Restricted Delivery Fee (Endorsement Required) p S� , It has been brought to my attention that there may be an illegal live aboard on a vessel berthed at your residential pier at 1014 Polaris Dr. Please be advised that live aboards are not permitted at a residentially zoned pier such as yours. NBMC 17.40.020 Live-Aboards Prohibited Live-aboards shall not be permitted at piers that are bayward of residentially zoned areas. I have asked the Orange County Sheriff's Department, Harbor Patrol, to assist us in monitoring this vessel. Current rules allow for people to stay aboard their vessel 3 nights out of every 30 days. Please take the necessary measures to cease live aboard activity at your residential dock within seven (7) calendar days from the date of this letter. If you fail to take corrective action to bring your dock into compliance an Administrative Citation may be issued to you and penalties will begin to accrue ($100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. Thank you, Lisa "Wafters Harbor Resources (949)644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 • Website: www.newport-beach.ca.us/HBR/ Walters, Lisa From: Walters, Lisa Sent: Thursday, March 11, 2010 10:29 AM To: 'MCCORMICK, STEVEN R' Subject: RE: 1014 Polaris Great! Thank you! Lisa Lisa Wafters city of Newport Beach 7far6or 4f4ources 949.644.3044 From: MCCORMICK, STEVEN R [mailto:SMcCormick@ocsd.org] Sent: Thursday, March 11, 2010 9:14 AM To: Walters, Lisa Cc: Miller, Chris Subject: FW: 1014 Polaris Reference your request from yesterday. Let us know if you need additional. jteve From: GINTHER, DAVID W Sent: Thursday, March 11, 2010 6:08 AM To: MCCORMICK, STEVEN R Subject: RE: 1014 Polaris Steve, Deputies McBride and Kropidlowski contacted a subject aboard a vessel at this address at about 2327 hours on 3/10. A Ben Bukenwinge (3-9-80) #949-375-0211 was aboard a 54' P/B named 'Tiger Shark II". The vessel is documented to: The Bukewinge Family Trust at 15 Morning Light, Newport Coast. Bukenwinge stated he was the grandson of Dottie Bukenwighe #949-375-3872 at the Morning Light address. He said she is also the owner of the Polaris residence. He said he lives with grandmother at the Morning Light address but occasionally stays on the vessel. CDL lists his address as 1014 Polaris. Deputies said the house appears vacant and open. They also said it appeared B. Bukenwinge was living on the vessel due to the general appearance of the living area. Dave From: MCCORMICK, STEVEN R Sent: Wednesday, March 10, 2010 4:33 PM To: GINTHER, DAVID W Subject: FW: 1014 Polaris Dave, Could you have the guys check this out and let me know what you find out. Thanks, Steve - From: Walters, Lisa [mailto:LWalters@newportbeachca.gov] Sent: Wednesday, March 10, 2010 2:18 PM To: MCCORMICK, STEVEN R Subject: 1014 Polaris Hi Steve, We have had a complaint regarding a live aboard at the residence at 1014 Polaris. Could you please have your night shift stop by in the evening to check on the happenings. The caller said that the house is empty and they are renting out the slip and there has been nightly activity on the vessel. If you could let me know the findings I would appreciate it. Thanks! Lisa Lisa `Wafters City of Newport Beach 7far5or*sources 949.644.3044 2 WORKSHEET FOR BUILDING PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING & PLANNING DEPARTMENTS PLEASE PRINT _ 4 1.PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. ZIP r LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2.DESCRIPTION OF WORK I T ESTIMATED $ VALUATIONS 00 EXISTING STRUCTURE SQ.FT. PROPOSED NEW / ADDITIONAL SQ. FT. NEW J ADD "j ALTER nn- DEMO OTHER ZI USE OF STRUCTURE /�(3/� r' /_��No. OF STORIES 3.OWNER'S NAME LAST FIRST M.I. PHONE NO. OWNER'S ADDRESS CITY STATE ZIP ('rid 4.APPLICANT'S NAME LAST FIRST PHONE ANA.O �01 {{''KZIP APPLICANT'S ADDRESS CITY STATE 5.ARCHITECT'S NAME LAST FIRST STATE LIC. NO. 1 + ARCHITECT'S ADDRESS CITY STATE ZIP PHONE NO. O 6.ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS CITY STATE ZIP PHONE NO. n, 7.CONTRACTOR'S,NAM,E LIC. CLASS STATE LIC. NO. i CONTRACTOR'S ADDRESS CITY STATE ZIP PHONE NO. COMPANY NAME (if different) NEWPORT BUS. LIC. NO. OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY - GROUP CLASS CODE White: Building Dept Yellow: Cashier Pink: PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ E BUKEWINGE. BEN 20ti E DIE R RD S { i CITY OF NEWPORT BEACH REVENUE DIVISION 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 TIDELANDS - PIER PERMIT STATEMENT 92705 5709 LOCATION OF PIER: 1014 POLARIS DR ANNUAL FEES - DUE u3/01/93 BALANCE DUE AS Of 03/31193: PIER N6R: ftfi5-1J14-v� RUN DATE:31{i;i143 $60.00 $60.00 DIRECT ALL INQUIRIES TO THE MARINE DEPT AT (714) 644-3044. PENALTIES WILL BE ASSESSED AT 25% OF FEE FOR EACH MONTH PAYMENT IS DELINQUENT. UP TO AND INCLUDING 100%i IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION #8753. ------------------------ ---------------------------- ------------ .EASE RETURN T14IS TEAR-OfF WITH YOUR PAYMENT) ANNUL PIER PERMIT DUE DATE: 03/01/93 BUKEWIHGEP BEN PIER N6R: 0115-1014-1 TOTAL AMOUNT DUE: $60.00 Dl(S-iDr� H. (Contd.) presented with recycled report dated March 28, 1988, from the Assistant City Attorney. (Attached) Action: If desired, adopt Ordinance No. 88-9. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding HARBOR PERMIT APPLICATION NO. 0115-1014 for to build cantilevered deck bayward of 1014 Polaris Drive. (Attached) Recycled report from Marine Department, dated March 14, 1988. (Attached) Report from Building Director, dated March 24, 1988. (Attached) Action: If desired, deny application for cantilevered deck. 2. Report from the City Attorney regarding CITY OF IRVINE. REQUEST THAT NEWPORT BEACH JOIN IN LITIGATION CHALLENGING THREE COUNTY DEVELOPMENT AGREEMENTS. (Attached) Action: If desired, (a) Approve; m (b) Disallow joining in the litigation. 3. Report from the Public Works Department concerning ACCESS TO PACIFIC COAST HIGHWAY FROM CALTRANS EAST PARCEL. (Attached) Report from Hoag Hospital. (Attached) Report from Robert Coles, architect and resident of Balboa Coves, regarding impacts from the proposed CalTrans East access to Pacific Coast Highway. (Attached) CI71*f OPNEWPORAEAH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658 (714) 644-3131 July 21, 1988 Curtis Fossum, Esq. Senior Staff Counsel State Lands Commission 1807 13th Street Sacramento, CA 95814 Re: Bukewihae Harbor Permit Application Dear Mr, Fossum: I have enclosed copies of documents relative to the Application of Ben Bukewinge for permission to construct a cantilevered deck approximately five (51) feet bayward of the bulkhead line at 1014 Polaris Drive. State Lands staff has advised us that the property "covered" by the deck is tidelands. The Application was denied by the City Council on May 9, 1988, but Bukewinge has hired counsel to explore a request for reconsideration or litigation. At some point in time, I suspect this matter will be resolved by the Courts. Since the City has, through informal agreement with the County, been given jurisdiction over issuance of permits for structures in the harbor, this office would probably prepare and file the lawsuit. We would name the County and the State Lands Commission with their approval. I have advised the attorney for Bukewinge that, by August 19, 1988, we expect to receive the request for reconsideration or correspondence advising of their intent to remove, or not remove, the structure. Please call if you have any questions. Very truly yours, \:S7 Robert H. Burnham City Attorney RHB/jc cc: Tony Melum, Marine Department 3300 Newport Boulevard, Newport Beach IF, 0 • LOS ANGELES 333 SOUTH GRAND AVENUE LOS ANGELES, CALIFORNIA 900713197 CENTURY CITY 2029 CE NTU Rv PAR. EAST LOS ANGELE5. CALIFORNIA 90067-3026 SACRAMENTO "XO F STREET SACRAMENTO, CALIFORNIA 95814-0626 SAN DIEGO 600 B STREET SAN DIEGO, CALIFORNIA 92101-4520 SAN FRANCISCO ONE MONTGOMERY STREET. TELESIS TOWER SAN FRANCI5CO, CALIFORNIA 94e04-4SOS SAN DOSE ONE ALMADEN BOULEVARD SAN JOSE. CALIFORNIA 95113-2267 DALLAS IJDO PACIFIC AVENUE DALLAS, TEXAS 75201-4616 OENVER LOCI CALIFORNIA STREET DENVER. COLORADO 80202-2694 SEATTLE 101 F.FTN AVENVE SEATTLE, WASHINGTON 96104-7OS9 WRITERS DIRECT DIAL NUMBER (714) 759-3878 GIBSON, DUNN & CRUTCHER LAWYERS 800 NEWPORT CENTER DRIVE POST OFFICE BOX 2490 NEWPORT BEACH, CALIFORNIA 92660-6395 (714) 759-3600 TELEX: I82267 GIBTRASK NPBH TELECOPIER: (714) 759-059b July 19, 1988 Robert H. Burnham, Esq. City of Newport Beach Office of the City Attorney P. O. Boa 1768 Newport Beach, CA 92658-8915 Dear Mr. Burnham: Thank you for taking the last Friday. Our discussion was in terms of clarifying the City's y ��frr1, c ciry,�rry 6£� L/04 o I'.Ffr NFWppR 19,0 �'e► T CA(/FeCy JAS. A. GIBSO N. 1852-1822 W. E. DUNN. 1661'1925 ALBERT CRUTCHER 1860-1931 NEW YORK 200 PARK AVENUE NEW YORK. NEW YORK G166-0193 WASHINGTON 1050 CONNECTICUT AVENUE. N WASHINGTON. D.C. 20036-5303 EUROPE 104 AVENUE RAYMOND POINCARE ]51.6 PAM5. FRANCE LONDON 30/35 PALL MALL LONDON 5WIY SUP HONG KONG I DVODELL STREET HONG KONG TOKYO -1-3 MARVNO UCHI CMIYODA-KU TOKYO IGO JAPAN AFFILIATED SAUDI ARABIA OFFICE CHAMBER OF COMMERCE BUILDING P.O. BOX 156 TO RIYADH HASH, SAUDI ARABIA OUR FILE NUMBER G11158-00004 time to talk with me extremely helpful to me position. The purpose of this letter is, however, to confirm the primary purpose of my telephone call to you. In your letter dated June 20, 1988 to Mr. Ben Bukewinge, you had indicated that if Mr. Bukewinge had not asked the City Council for reconsideration or advised why his request had been delayed you would have no option but to institute litigation. We are, on behalf of Mr. Bukewinge, conducting an investigation and research which may lead to a request for reconsideration. Your patience in delaying litigation during this investigation is appreciated. I hope to be contacting you to confirm our position within the next few weeks. • • • Robert H. Burnham, Esq. July 19, 1988 Page 2 Prior to that, however, as we discussed I would like to review the transcript of the City Council meeting which occurred on May 9, 1988. You have indicated that you will make appropriate arrangements. I have instructed my secretary, Gail Schneider, to take care of providing someone to transcribe the tape, if that is the procedure you wish to use. Accordingly, even if I am out of my office, please let her know how you wish to proceed. Thank you again for your cooperation. Sincerely, Eloise Hock Feinstein EHF:gls:4167K CITYIF AWPORT OkUP OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 June 20, 1988 Mr. Ben Bukewinge 1014 Polaris Drive Newport Beach, CA 92658 Re: Harbor Permit Application No 0115-1014 Dear Mr. Bukewinge: This letter will confirm our recent conversation regarding your plans to ask the City Council to reconsider its denial of the above -referenced harbor permit application. This office will not institute litigation for the next thirty (30) days to allow you to make your presentation to the Council. If you have not asked for reconsideration within that period, or advised me why your request has been delayed, we will have no option but to file a lawsuit seeking an order directing removal of the cantilevered deck. During our recent conversation you indicated there were a number of commercial enterprises on the waterfront that encroached beyond the bulkhead line. If you have such information, please advise me as soon as possible so that we can look into the matter and take appropriate action. Please call me if you have any questions. RHB/jc Enclosure cc: Bob Wynn Dave Harshbarger Ray Schuller Tony Melum 3300 Newport Boulevard, Newport Beach CIT OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 June 20, 1988 Ms. Nancy Smith State Lands Commission 1807 13th Street Sacramento, CA 95814 Re: State Tidelands Dear Ms. Smith: On May 9, 1988, the City Council denied the application of Ben Bukewinge for a permit authorizing construction of a cantilevered deck across the bulkhead line and over tidelands bayward of 1014 Polaris Drive in Newport Beach. I have enclosed a copy of my letter of May 16, 1988 advising Bukewinge to remove the deck or face litigation. In a recent conversation, Bukewinge told me he was going to apply to the City Council for reconsideration of their decision. Since we would probably not get a court order directing removal of the deck until Bukewinge has had his second bite at the apple, I do not intend to file a lawsuit until the Council denies his request for reconsideration or it appears that he does not really intend to pursue the matter further. Please advise me if I have your authority to name the State Lands Commission as a party plaintiff if and when this matter goes to trial. Also, I have been told the tidelands in question were granted to the County of Orange, not to the City of Newport Beach. I would appreciate it if you could confirm the name of the public entity that holds these tidelands in trust. Please call if you have any questions. Aobe y truly yours, r Burnham RHB/jc City Attorney Enclosures 3300 Newport Boulevard, Newport Beach a: OF GALIFORNIA rF.._REll: N. Governor STATE LANDS COMMISSION 1007 13TH STREET SACRAMENTO. CALIFORNIA 95814 "RECEIVED AFTER AGENDA IRECE1VED APR '2 9' 1988 BRiC1. J_f.Yi,'TE ..?/ ' rS ^,1 Brian Jeannette & Associates, Inc. i MJ[}1l Attention: Mr. Robert Willis �l 470 Old Newport Boulevard r'; Newport Beach, California 92663 Dear Mr. Willis: �\ PRINTED!' x - I April 20, 1988 Fill"ef: SO 88-04-11 \ G 09-02.1 The staff of the State Lands Commission has received your letter dated April 6, 1988, and attached drawing relative to the proposed cantilevered decking construction for Ben Bukewinge ocated in the City of Newport Beach. The tide and subm which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursuant to Chapter 526, Statutes of 1919, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. In addition, residential use is not an appropriate public trust use of legislatively granted tide and submerged lands. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Nanci Smith, at (916) 322-7193, if you require additional assistance. Very truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation cc: Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 Attorney General Office Mr. Robert Burnham 3300 Newport Boulevard Newport Beach, CA 92660 56221 LOB ANGELES 333 SOUTH GRAND AVENUE LOS ANGELES, CALI FORMA 90011-3191 CENTURY CITY 2029 CENTURY PARK EAST LOS ANGELES, CALIFORNIA 90061-3026 SACRAMENTO 1010 F STREET SACR4MENT0. CALIFORNIA 95014-0626 SAN DIEGO 600 B STREET SAN OIEGO. CALIFORNIA 921O1-4S20 SAN FRANCISCO ONE MONTGOMERY STREET. TELESIS TOWER SAN FRANCISCO. CALIFORNIA 9410A-4505 SANJOSE ONE ALMADEN BOULEVARD SAN JOSE, CALIFORN IA 95113-2261 DALLAS 1700 PACIFIC AVENUE DALLAS. TEXAS 75201-4618 DENVER ISO, CALIFORNIA STREET DENVER, COLORADO 8020Z-2694 SEATTLE 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104-1089 WRITERS DIRECT DIAL NUMBER (714) 759-3885 • • a GIBSON, DUNN & CRUTCHER LAWYERS BOO NEWPORT CENTER DRIVE POST OFFICE BOX 2490 NEWPORT BEACH, CALIFORNIA 92660-6395 (714) 759-3800 TELEX: 182267 GIBTRASK NPBH TELECOPIER: (714) 759-OSOO June 3, 1988 JAS. A. GIBSON, I85 -1922 W. E. GUrvrv, IB61 25 ALBERT CRUTCNE B60-1931 NEW YORK 2O0 PARK AVENUE NEW YORK, NEW YORK 10166-C193 WASHING70N 1050 CONNECTICUT AVENUE. N W. WASHINGTON. O.C. 20036-5303 EUROPE 104 AVENUE RAYMOND POINCARE 15116 PARIS. FRANCE LONDON 30/35 PALL MALL LONDON SWAY 5LP HONG KONG I DUDDELL STREET HONG KONG TOKYO 1-1-3 MA.UNOUC.1 CNIYODA-KV TOKYO 100 JAPAN AFFILIATED SAUDI ARABIA OFFICE CHAMBER OF COMMERCE BUILDING P.O. BOX 15BT0 RIYADH 11454. SAVO. ARABIA OUR FILE NUMBER G04193-00003 Robert Burnham c.*' City Attorney l''Fn� 3300 Newport Boulevard IJ Newport Beach, CA 92663 e" Re: Bukewinge Residence Deck Extension+Z� 0 & ` Dear Mr, Burnham: \�� AS you know, we have been contacted by Ben `17 Bukewinge with regard to the extension of the deck at his residence past the bulkhead and the denial of his application for a harbor permit by the Newport Beach City Council. This letter is intended to confirm your statement to me that there are no further administrative review or appeal procedures available to Mr. Bukewinge respecting this issue. Notwithstanding the foregoing, Mr. Bukewinge has requested that we review this situation and we hereby reserve any and all rights and remedies which our client may have to further review or appeal in any available forum. SCW:jc/9309Q cc: Ben Bukewinge D Very truly ou s, C�' Shelley Wilson omrnic F. Pellegrino, Esq. Richard G. Duncan, Jr., Esq. Gordon AI Schaller, Esq. 4 s UNTY OP 3 /0,RANGE ENVIRONMENTAL MANAGEMENT AGENCY REGULATION JUL 2 e 1988 Robert Williams Brion S. Jeannette & Associates Inc. 470 Old Newport Boulevard Newport Beach, California 92663 Dear Mr. Williams: Thi s in ur le r of February Mr. rs. Ben Bukewinge; 1014 laris Drive, Ne Be perty. ERNIE SCHNEIDER DIRECTOR, EMA KEN R. SMITH DIRECTOR OF REGULATION LOCATION: 12 CIVIC CENTER PLAZA SANTA ANA, CA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702.4M TELEPHONE: (714)834.2626 FILE 88-01646-HE 18, 1988 on behalf of to construct a deck over County's Your request has been reviewed by various divisions within this Agency with the determination that your proposal would not be consistent with the public's interests nor in compliance with accepted guidelines for County's Newport Tidelands property. Your request cannot be recommened for approval. As acknowledged some construction has taken place, any such encroachments must be removed to the satisfaction of EMA inspector. Please coordinate removal of unauthorized encroachments with Ed Williams of Harbors, Beaches & Parks Coastal Facilities at (714) 661-7013) Very truly yours, R. D. Burk, Manager Public Property Permits Division RBS:is cc: Mr. & Mrs. Ben Bukewinge Ed Williams, Reg. Fac. Ops. Tim Miller, Reg. Fac. Ops. clry of Newverr 9e"m CITY OF NEWPORT BEACH Marine Department July 25, 1988 TO: CITY ATTORNEY FROM: Marine Department SUBJECT: BUKWIGHE HARBOR PERMIT APPLICATION Bob, I researched those photographs provided to us by Mr. Bukwighe at our meeting in your office some weeks ago. The photographs are in four groups. The first group (1) "Cantilevered decks on Linda Island": I have researched all our records, and everyone of those photographs showing a cantilevered deck has an address -------that—indicates—those decks are cantilevered over private water. None of the decks are cantilevered over public tidelands. (2) Is actually one photograph showing a number of locations on Collins Island. I have attached the two permits that I think apply. As you can see, there are large decks, but they are built over private water way behind U.S. Bulkhead Lines. (3) Is a number of photographs taken on Via Lido Nord on Lido Island. Except for one or two examples where the deck was enlarged illegally, the decks are basically pile supported decks, roughly 10' x 14'. Although people have put furniture on them, s situation we cannot control, they are basically pile supported decks, not cantilevered, and are roughly the dimension required by the Harbor Permit Policies. (4) This group includes a number of photographs of commercial locations, mainly along Coast Highway. All of these locations show locations either pile supported or cantilevered. Every one of these buildings is either pile supported or cantilevered over private waters, and not over State tidelands. If you have questions regarding these photographs, please give me a call. TonrMe7:#4� Tidelands Administrator I -7}^ zk Y1 S j2v o Se�ra IAkq- ry. --AFA I VA Z I po� Q�, 40 1417cl7op, /0 � % Tom e A --" / 10 - 0 olls"INIOV y 7P) jil /Icly. WIdr, iVALL, -A -J-14-AP I 40, It 3'je 6-v, Ca Aj s:r j/ f. Cl r y /VEW�oRr &e4cw i Jo/ y y �E4(J�ro.n aI•iJ' 3i� ro •.fwrrf/ yrq. R TO � IwNef D { u U!��ad^1l'I,IM19 ell VICINITY SKETCH Irl rAnrr i c~ N(W/uef DAY, CAL I/OAN,A J• = J/(ry 8U Gl,. Yr�yAJ r� P-i h •,�J soW+dings are WA,o cvsed /n !/vi and dinole o'ep/hs be/ow ASCon Lower Lew M/rafen 41*&n.uw1 ronye of f/C opP rocIrooie/y /O /ief. Horbor /.qes Ore C/!ob/ aed /n I'h;s zrcfon of Newpwl'Sor IL G ,5 0 8 S. r+/K/e,� Liizc 1- , ' 1;: C�,�C 1 i ,/I/ f gNy�s AI-4" �.�T sQg� �kceew1,49e .r /90 d4is, woryrz5�! . �;t Joo ,goopess. /a/A/ /..r.s DI- ✓e, 1CoAoreACToR 405 oArE 11-IZ- N A qf 'dff*-6F—'ktWP0*vZT 8EACH P-EMPAUT To COKSTRUCT AND 1;_ REVERSE HER20F. -j;:l: PROVISIONS 0: "ACH AND Yms PERMIT --V, C rXBENT Ol G:, COtjKQzL THE tcllti,fs GivLri F'r—arlissillfE OHLt AND THIS PEr'h4I-, `iill Cl", COUNCIL IN ACCORDANCIE WTH k;TLE 17 ls;z MUNIC'PAL COOK. CITY HAOR 'COORDINATOR f PERMIT N0, PATE ; RMIT ISSUED SUBJECT TO --.IGE MATERIAL BEING SnPIAL CONDITIONS: Cr_,p3 Cl Mar E C/ So I�Yo/,T EEL GRASS INSP[+L;fOW a i NO EEL GRASS WITHIN 15' 0 �CT EEL GRAWNTHE PR EA .� iT DATE 7 i 6f—�- DIV. MH ���4r-75 f— Q c w. At A �c N ay VICIA ITY 51<ETCH N a..s.w► 6� � C.at irorw1rw � � w far'J ae5rs�rrfrYrrrx�-..�i e e sbundnys. orr s.fpcssad ,++ trr�% and dw.ofr yvPlA.s bf/ow tirron Ca. ep Cow 1✓afrr. Morr...air. rang♦ vi iida aPr'oA/n a 101;e /0 /LW-rf 'YwAoe /,errs are ea>'o 6/r'�A.d m+ "A:s _ seck< .v afNs wPwrf ao?: 72 �zz¢ �- / , y ( _ i Ivt9'i•G : Rond lie, 2 � s4 U I i I _ 16 l uc. tv,dcnl F/45e"-S 'G-0''h �,derLshp ,5'fo TO THE HONORABLE MAYOR JOHN C. COX, JR. & DISTINGUISHED MEMBERS OF THE COUNCIL This is to inform you about the chain of events that has led to my dilemma on the 5 foot cantilever deck. First of all, it's completely thru the stamped set of plans - never did the City Building Department red line the cantilever deck. This would have at least informed me, the homeowner, that there was a problem. Of course, we would not have gone foreward and spent $10,000.00 dollars on the forms and steel reinforcement. Furthermore, you will find a permit for the back deck, including structural steel. I do not understand why the building department held this back from the package the City Attorney gave the City Council. If you read the Stateland's letter, you can read in it that there is no law definitely spelling out that it is illegal, and admittedly in, calling the Statelands, they will tell you, that it is mainly an assumption on their part because they have never authorized this in the past and do not like to.make changes. There are two overhangs on the two points of Linda Isle which is on the same waterway as I am. Promittory Bay has an exception and can have cantilever decks. You will find Lido Isle a gross misuse of tidelands, they are permitted to put a concrete structure extending out for the purpose of putting a dock ramp because of the position of the sea wall. This privilege has been grossly misused, for if you inspect the majority of these extensions, which are not supposed to be any wider than the dock ramp. What has happened is these were built almost as wide as the property and have been built into patios extending over the sea wall with patio furniture on them. Starting with the Balboa Bay Club which has overhangs in excess of 20 feet, just built next to Ardells is an overhang over 25 to 30 feet being used for a sales office. Cano's overhangs the waterway by 30 to 40 feet. The Mariner Restaurant, just built, overextends the sea wall by 50 to 60 feet. That whole strip of sea wall is extended from the original sea wall lines to whatever distance suited them. The reading of the Statelands was done in 1919, don't you feel in your mind that is completely outdated? - Allowing commercial and not residential considered special interests. We are not in anyway harming navigational, recreational or fishing - our cantilever is 5 foot over the seawall, and our dock sticks out 42 feet, so this does not make any sense at all to me and I feel you can understand that. I think it is time for the City Council to allow a 5 or 6 foot overhang which would then give the building department permanent guidelines, since I already have $10,000.00 invested, I feel strongly that I have an invested interest. I would sincerely hope that the City Council would look favorable on my request and assist me in my dilemma. With all due respect, I remain - Respectfully yours, Ben /ukewnge TF a k. CITY OF NEWPORT BEACH - BUILDING DEPARTMENT 3300 Newport Blvd. - Phone: (714) 644-3255 Permit No.:�� Job Address: Owner.-u+�::. Builder. ^� .LyZ..�,.�•.�c.._._ UNDERGROUND Si nature I Date G1 Pragratla P1 Sal Woo 72 Sewer P3 water Ros P4 Gas Pine MI Hearing E2 Uler Ground - E3 Electrical S1 Setback 8 Foundation G2 Backfill S2 Slab or Deck 00 NOT COVEN OR POUR CONCRETE UNTIL ABOVE SIGNED OFF ROUGH S3 RMI Frame 8 Sheathing P5 Plumbing (Tonaal PO Gas Pine M2,. Mecharecel(HVAC) M3� Range Howl SS Fireplace E4 Electncal S4 Frarr ng SB Insuatm COVER YO 'NORK UNTIL ABOVE SIGNED OFF EXTERIOR AND INTERIOR COVERING $7 Drywall S8 InWw Lath S8 Extenor Lath (Stucoo) $9 Plaster - Scratch Sla Plaster - Brown MISCELLANEOUS S11 Masonry c7j.--V� S12 Suspended Ceding lT-Berl E 5 Electrical (Ceiling/4la111 E 6 Electrical (Swdchgear) FINAL P10 Plumbing M 5 HVAC P 7 Gas Pressure Test E 8 Electrical F 1 Fire Oenartment - GA Gradmg S14 Structural 10 )IOT TCCOPC 'QITIL IMAL AMCT'GNS SIGNED fF U CIT-A)F NEWPORT BtACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 May 16, 1988 Mr. Ben Bukewighe 1014 Polaris Drive Newport Beach, CA 92658 Re: Harbor Permit Application No 0115 1014 Dear Mr. Bukewighe: On May 9, 1988, the City Council denied your application for permission to build a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive. The decision of the Council was based upon the fact the proposed deck encroached over state tidelands and residential use of tidelands would violate terms of the tidelands trust. A portion of the deck has been constructed and we ask that you remove it within fifteen (15) days from the date of this letter. Recently, you, or your representative, suggested that the deck would not be removed, and, if this is the case, please advise so that we can commence appropriate legal action. Finally, removal of the deck is an issue separate from construction authorized by building permit. Construction authorized by permit will be processed according to normal rules and without regard to the cantilevered deck. Please call if you have any questions. truly yours, Attorney RHB/jc cc: Mr. Raimar Schuller Mr. Robert Wynn Mr. Tony Melum 3300 Newport Boulevard, Newport Beach MEMORANDUM OFFICE OF THE CITY ATTORNEY May 9, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Harbor Permit Application (Bukewighe - No. 0115- 1014 Polaris) to Construct a Cantilevered Deck over Tidelands Bayward of 1014 Polaris Drive The application of Ben Bukewighe for a permit to build a cantilevered deck bayward of 1014 Polaris Drive was continued to this meeting to obtain a response from the State Lands Commission on the proposed project. The applicant had asked Commission staff to determine if the proposed deck encroached over tidelands and, if so, whether the deck would be an appropriate use of tidelands. Staff of the State Lands Commission, in a letter dated April 20, 1988, has determined the project will extend over tidelands granted to the City and the proposed deck is "not an appropriate public trust use . . . " (Copy of letter attached). Staff, based upon a letter from State Lands and concerns expressed in previous reports to the Council (copies attached) recommends denial of the application. Robert H. Burnham City Attorney RHB/jc Attachments CITY OF NEWPORT BEACH Marine Department TO: CITY ATTORNEY FROM: Marine Depart ment SUBJECT: ILLEGAL CANTILEVERED DECK AT BUKEWIHGE PROPERTY AT 1014 POLARIS DRIVE I contacted Robert Burke, Manager of Public Property Permits at the County of orange, to discuss the question you put to me, asking if there had ever been an agreement between the County and the City relative to authority for issuing permits over County Tidelands. Mr. Burke said he would research the question for me. He got back to me on November 10 and indicated that he could find no documents specifically giving authority to the City to issue permits for structures over County Tidelands. However, it was his recollection that the understanding was that the County, because they are the property owner, had authority under the Tidelands Grant, to issue an encroachment permit for structures encroaching on County Tidelands, and that the City, as the involved municipality, had regulatory authority to issue a type of permit similar to a building permit, to regulate structures over County Tidelands. This has been the understanding between the two agencies. It appears there has never been anything official outlining this procedure. I will attach, for your information, a copy of a letter from Mr. Burk to Robert Williams of the architectural firm, indicating their concern about the illegal cantilevered deck encroaching on County property. If IIccan 'fdo anything else, please call me. Tony My e]ri:m 0 MEMORANDUM OFFICE OF THE CITY ATTORNEY April 11, 1988 TO: File FROM: Robert H. Burnham, City Attorney RE: Bukewighe Application On 4/8/88 I spoke with Debbie Townsend of the State Lands Commission. Brion Jeannette told Tony Melum, Ray Schuller and myself that Townsend, on behalf of the State Lands Commission, advised that they had no problems with the proposed cantilevered deck. This information was contrary to a statement made by Nancy Smith in a conversation with Tony Melum. Townsend told me that she had talked with Mr. Jeannette and had received the plans and specs for the deck. However, she denied making any statement that State Lands had no problem with the deck. According to Townsend, she told Jeannette two things: 1. She would have State Lands staff review the plans to see if tidelands were "implicated" by the proposed deck; 2. If the proposed residential deck encroached into or over State tidelands, whether granted or not, State Lands would consider the structure to be inconsistent with the public trust imposed on tidelands. Townsend said the analysis by State Lands staff would take approximately a week to ten days. The determination would be available to all interested parties. 5ert H. Bur ty Attorney RHB/jc cc: Tony Melum Ray Schuller 0 0 OFFICE OF THE CITY ATTORNEY April 11, 1988 TO: File FROM: Robert H. Burnham, City Attorney RE: Bukewighe Application On 4/8/88 I spoke with Debbie Townsend of the State Lands Commission. Brion Jeannette told Tony Melum, Ray Schuller and myself that Townsend, on behalf of the State Lands Commission, advised that they had no problems with the proposed cantilevered deck. This information was contrary to a statement made by Nancy Smith in a conversation with Tony Melum. Townsend told me that she had talked with Mr. Jeannette and had received the plans and specs for the deck. However, she denied making any statement that State Lands had no problem with the deck. According to Townsend, she told Jeannette two things: 1. She would have State Lands staff review the plans to see if tidelands were "implicated" by the proposed deck; 2. If the proposed residential deck encroached into or over State tidelands, whether granted or not, State Lands would consider the structure to be inconsistent with the public trust imposed on tidelands. Townsend said the analysis by State Lands staff would take approximately a week to ten days. The determination would be available to all interested parties. , ty Attorney RHB/jc cc: Tony Melum Ray Schuller CITY OF NEWPORT BEACH Agenda Item #F-12 (a) Marine Department March 14, 1988 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK BAYWARD OF 1014 POLARIS DRIVE Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by Se--tion 5.13. of the Harbor Permit Policies which states: S.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this particular location the water area ,adjacent` to the applicants residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay. Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marine, �ii��rector Tony MeldmOZ_ Tidelands Administrator Agenda Item No. I-1 MEMORANDUM OFFICE OF THE CITY ATTORNEY April 11, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Application for Harbor Permit (Bukewighe - No. 0115-1014) to build a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive Recommendation: If desired, deny the application. Background• Ben Bukewighe, the owner of property at 1014 Polaris Drive, has filed an application for a harbor permit authorizing construction of a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive (Dover Shores). The Council deferred action on the application to this meeting to allow staff and the applicant additional, time to evaluate the proposal. Staff met with the applicant, and his architect, on April 5, 1988 and also contacted representatives of the Coastal Commission and State Lands Commission. Discussion• Status of project: On November 3, 1987, a building permit was issued for the addition of a garage to, and interior remodeling of, the Bukewighe residence at 1014 Polaris. Site plans submitted with the building permit application show an existing cantilevered deck, but there are no structural details for a new deck, and no permit was issued for a deck. A second building permit was issued on January 13, 1988 authorizing construction of block walls along the property lines and another wall on the interior. The additional details necessary to obtain this block wall permit are shown on a new page A-5 which was substituted for the original plan. The substituted A-5 sheet shows a proposed deck extending beyond the existing bulkhead but, again, no structural details are shown on the plans. It is staff's opinion that no permit was issued for the proposed deck. (See copies of permits). On February 4, 1988 the Building Department inspected the site and found forms and supporting steel for a cantilevered deck extending approximately five (51) feet bayward of the bulkhead. A stop work order was issued and the matter referred to the Marine Department for further action and processing. Notices of illegal construction were sent on February 3 and March 10 but staff has taken no action pending a Council decision on the application for permit. Tideland Issues The proposed deck would encroach into the air space above tidelands. These tidelands have been granted to the County but, by long standing practice, permits for all encroachments are administered by City staff pursuant to provisions of the Municipal Code and Policy Manual. The pertinent provisions of the Newport Beach Municipal Code read as follows: "No person or agency shall build, maintain, extend or make structural alterations on any .. bulkhead, seawall, . . . or other structure in, upon or over the waters of Newport Harbor . . . without first obtaining a written permit to do so from the City." Section 17.24.010 NBMC The Harbor Permit Policies (Council Policy Manual H-1 through H- 32) amplify upon the provisions in the Municipal Code. The Harbor Permit Policies require the issuance of a building permit for "cantilevered decks." (Policy 3C) Section 29 of the Harbor Permit Policies authorizes construction of cantilevered patio decks beyond established bulkhead lines only "where the waterways are privately owned, and within Promontory Bay. ." These provisions of the Municipal Code are consistent with the public trust imposed on tidelands. This public trust limits uses of tidelands to those which further "commerce, fishing, and navigation." Residential use of tidelands is prohibited absent specific legislative approval. Staff has contacted the State Lands Commission and we have been advised that construction of the proposed deck would violate terms of the tidelands trust. Staff is concerned about the precedent that approval of this application would set. There are many opportunities for encroachments bayward of bulkhead lines and construction of just a small percentage of these encroachments could collectively impact the lower bay. Moreover, if structures are permitted bayward of the bulkhead in residential areas the Council could expect to see similar requests from owners of commercially -zoned bayfront property. These concerns have, in the past, prompted denial of requests to encroach beyond the bulkhead line. For these reasons it is recommended that the application be denied. Robert H. Burnham �� City Attorney RHS/jc A I ',City of Newport Beach RLIimi-n ORN..tlpnpl RI III f imr. P1=RAAIT G P.O. BDx 1768 .../��. �. IF NewPhD p�•O14)64432889 APPLICATION .ELI•88915 PLAN HEC O. /T�y� ` I O I PQ<iwQ'is LOCALITY (CROSS STI A"UDINODDRESS - �jj/2 I 41 I.. �-, GRP� � ITYPE O Y LOT NO. BLOCK S' .TRACT}�SrIZ7' `-.' CONST. 3, ] /!- 4rm AYfiB? SITO LOT SIZE J ' 1 8TRUCLJ. '. lie, 6� PROVAL R(OVIRED C YES 09q0 OWNER USE 20 C PARKIN- BPACES pec; SPEC: - SORDS . ADDRESS .. CITY zip !' •'L Tp CONTRACTOR _ 64 ` •1'-•, 'I'yCTy(OO 1�♦ /. p Y �S I—itiA: TE (4 jt, -D¢R�ES�S-7G D(T VTII! ` D 6 - g. -i ..: ,e.... ._. clr.xTH .'MAN 1 Zi 4 zn"� ^a�T .........e,p •en vwt =, EM9E STATE �q WP I, 6 CLASS LOC.NO. J!'t LOC. NO. •'jQ YARDSt REAR R.S. ARCMITECT �Tro �r ` �� _ FAIR OR ENOR. ,f I� J y �yn•./ >•� Pi J NO ��R APPROCOMING. APPROVAL SMARfi S ADDRESS GLV ZIP NYWP.J/[C FIRE APPROVAL E%C18fi TAX $ Ip LIC �[ GRADING ` SAN DIST CITY MO AA' APPROVAG $ DESCRIPTION OF WORK 1., -J, PLAN ANCHK',•._ i`` OTIICR $ NCW ❑ - ROO "- ALTER ❑ REPAIR ❑ [MOLLS C 'TO ISSUE•' \01 •• TAL ••L1pf L.e,/' .A'Il!f"]SE. ER 'f OMPENSATION DECLARATION J y f'% ee .O/� • 2yf�A0`( I CLRTI[FICAT[ *1 WOW.CR)R,T I A COMPENSATIONC N6A.C. OR A C[RTIINO COPY 1. roUC YIMI. LIV I tl Y/ U Pd'E P. OAIPRNY J� I 'GL�S U4Y7Z • AJ ❑ easmee eORr N♦ N[wterru11T1uxEa 1'� V9 L]C[RTII �D'rOEIY ]S FILED W. • SIGNATURE F APPLICANT Y"IL�II�Rfi e ,[_MT.. �e 1/IYII r._ ORTF 3 �J7 LPIYCAN ' _ UCEN9 OCDARRA ORS•OECLARATIOWPL � 'YERTFICATE GF E% PTI �P OMWGRKERS I Hcwcer ArnRM TwT 1 AM "cc" to UNDER PROWEIDN9 DP CHAPTER • -COMPENS ION INSSURANCE.]. KOMMENCIMO WIT. SECTION FOODS 01 DIVISION ] OF THE BUSINESS AND m119 SCCTIFR,�WEED NOT Ot OONPY�iOylk+blt P(}I�Ifj ITIO,R OM[ MIIMDRCD MOIC9SIOMS COOL AND MY LICENSE IS IN HILL FORCE AND CrrCCT, ppLL1R9181001 OR LCSSI LICCM9[CLASS L% 1 CERTIFY THAT JM THE PCRPORMANC[ 0/ THE' MgRF Cp. Mme" YNS JIERMp 19 :ISSO(D.19.wL6 NOT CMP1pHANY iCR30M'JILa, WNN(R EC yB rpISECOMC Il Vr.'• `" 1 S SUBJECT 1�0 TM[ WORRCRS' COMPvmP A IT'UM O op CILII MUL . CONTRACTOR bATC E - . DATE�T APPLICANT OWNER -BUILDER DECLARATION .,. I• NOTICS TD':[4FLxANT: IF, AFTER iwl.alN3=kRE or [Ee.rtgN. You 1 MCRCBY AFFIRM THAT 1 AM C"Mr` MOM INC COMTRACTORY LREMSC LAW FOR TME• BNOVIp S[CONt SUBJECT TO THE WORKERS' COMPENSATION PINTRNONB OF THE FOLLOWING R[ASOM.A[G10]LS.ppyy1N[SS AND rwOIC8910NE C0OFr.LN�5 CNvpR COVN pc.MI 0O 0 STRIICT,ALT[R. IMPROV(. O[MOIISM:OR. LABOR COOL YOU MUST IORTMWITM COMP4Y•WITI SUCXJRpV181p11aORYNIS PERMIT •*MSLLIBEOEtNEDIRCVOKCC.-....., L. .. !-M' '�1 ��'•_;1 :WMICNRCOTII•N RFPAIR STRUCTURE. PRIOR TO re ISSUANCE, ALBe MMUNIES THE APPLICANT CONSTRUCTION LENDING AGENCY FOR SUCH PERHR TO FILE A SIGNED STATEMENT THAT HE N LICCNSCO IU...A.I D TS LICENSE I.A. gNROF&OFFE. R ICONMEN TN[ I SECTION T OI THC CISION WITH S[CTgN TOOpI 1 NtR[BY wrI1RM THAT ;TM[RCtl A CON9TAYCTION�L[NpMIO ApEMCY(.IOA TNC HRIORMANCE 01 THE WORN FOR 'W UMOILI IIK PtFMTFy 193Y[OYSSM.. ]yl; C1V.CA 3 O pI DIVISION ] Or T.[ BVEINC9B AND PROF[S910NE COOtI OR , 0. TMRT NC 13 [x(M PT THEREFROM AND THE BASIS MR THE ALLEGED [[[MPTIOM. ANY L(MO[T9 NAME VIOLATION 01 SECTION TO]I.[ BY ANY APPLICANT MR A PERMIT EUBJCCTS INC APPLICANT TO A CIVIL PENALTY OI NOT MOP[ THAN FIVE HUNDRED OOWRE-`ODES LENOIR•S ADDRESS ❑ L A9 OWNER OI THE PROI[RTY. OR MY EMPLOYEES WITN WAMS AE YNnR 901E 1 CCRTIIY T.AT 1 HAVE READ THIS APPLICATION AND STATE "AT THE NOV[ COMPENSATION. WILL DO THE MRS. AND THE STRUCTURE IS NOT IN}[NpLO OR INrORMATI. IS CO11•ECT. 1 "ALL TO COMPLY WIT. ALL CITY AND COUNTY OM[R[O FOR SALE IEEE. )MA RVSINL89 AND PROI[EEgN9 COOCI TNF ORDINANCC9 AND STATE LAWS RELATIONS TO BUILDING CONSTRUCTION. A"MCRCBY CONTRACTORS LICENSE LAW DOES NOT ANFLT M AN OWNER OF PROPCRT WHO AUTHORIZE- RVRLSCRTATWES OF TNIB COUNTY TO ENTER .10. INC BUILDS OR IMPROVES THEREON. AND WHO We- SUCH WORK HIMSRI OR THROWN ABOVC-NENTIONED PROKRT IOR 1MBPECTION PYRIpBES. HIS OWN EMPLOYEES. PROVIDED THAT EVEN IMPROVEMENTS ARE NOT INTENDED OR OFFERED FOR SALL 11. HOWCVEA. THE BVIWING OR MIROVLMCNT IS SOLO WITHIN COM IL". OI PIgNNO WILL sq.BE 0 ,.AT ME OFICBVRO{N TN1T HL MOT BUILD OT.1010TV. IME OR IMPROVL FOR TM[ PPILL B( 01 BALLA (9A, 3/ ❑ 1. AE OWNER OP THE '"PER". AM (KLY9WCLY CONTRACTING MITM Le MOCO /� IDYATYR( OF PCRMITT(( DATE CONTRACTORS TO CONSTRUCT INC PAOJCCT IONIC.N IC. TOAA BYNC95 ANp OR PROFESSIONS COO THE COMINACTO9 LICENSE LAW DOES NOT APPLY M AN OWNER OFPROPERTY .0 BURGS OR NPAOYE9 TM[A[OM. AND VINO CONTRACTS FOR SUCH PRDJECTS • r,. E(I, YBI Y DRy FOODS $ I WITH A CONAACM"l LICENSED PURSUANT TO THE CONTRACTOR'S LICENSE LARA 4�/ g �� M W El AM ERCNIT UNDER S[C. . Bb{. M. TMIE ""a. PIC FOR,S—'-- Rbgll Fee S Fined Val. S ADI PAC FDIC ow[w OWNER ��,L CAD z Hho TMBI FIND $ R npal G .TASTED WITHIN A PERIOD OF ISO DAYS FROM THE DATE OF VALIDATION OR THIS PERMIT BECOMES NULL AND VOID. PLAN CHECK VALIDATION COO. M.O. CASH PERMIT VALIOATION CH. M.O. CASH :i O U y Q 0 U CL D. z z Ily of Newport Beach 1 ..gilding Department P.O. Box 1768 Newport Beach, CA 92658-8915 BUILDING PERMIT g. 6112 A P\PS[ [/ ATLAat Phone: (714) 6443258 M I— I' LI lrH I lull PLAN CHECK NO. lZ 'a. BUILDING • LOCALITY (CROSS 9T.1 pOfl EEE 11OT NO. I% STAT.MCAORP TYPfi PRO ESSEO BY 1��1 BLOCN TRACT CONST., UEE Of - SIZE STRUCT. ORADING APPROVAL REQUIRED ❑ Y[B VACANTEITOT ❑ YCE OWNER NOL 4O 'S�a US[20NE L, S�ACCS ADDRESS'11F�SPEC' CONOS. CITY ZIP CONTRACTOR •tt Y43•-14 ADDRESS I e[.IL.S.LFCtN CITY 7� ,�.. ZIP g9l ' ', YARDSoREARR, [ P.S. `I J CLASS E LITC4TEO.Li,1�q `j. LIC. NOpT ZySJ• APPROVA FAIR SHARE iE j ARCHITECT OR ENOR. , �. NOL S APPROVAL E%CIEE TA% E ADDRESS O ZIP Rl "D &G-t, GRADING APPROVAL BAN. DISTRICT NO. ZONE E CITY v ` NIO. G L.z� IS LAIN CH. SJNTC DESCRIPTION OF WORK OTHER E NEW ❑ ADO ALTER REPAIR$ EMbLISN ❑ - APPROVA TO ISSUE TA E WORK • COMPENSATION DECLARATION 1 L. P L1 J M[R(er AfM1RN )MA AW A CERTIFICATE OF CONSENT TO StUMIESURE. OR A CERTIFICATE OF WDSKER COMPEREATKN INSURANCE. oR A c[wnITSo coPr r.arar HEc. aeow ue.aL F Ylot��7Eo- 3� ��o nQ roLIC No. RMPANr �-ea r 0 e�IEO Co[Y Ia HEREBY PYRNISM 0. C[ IneD tort HrluD wRN TMe [aw00 AIR ' LI `�'Y APwc.MY r m •' CERTIFICATE OF EXIIAPTJIDN FROM WORKERS• 2� r SIGNATVRC Of - - APPLICANT r '" LIC SED CONTRACTORS DECLARATION I MEREIFY AFFIRM THAT I AN LICENSE u.e[A PROVISIONS Or CHAPTER IFCOMPENSATION INSURANCE KOMM[nC1N0 WITH SECTION )0001 W OWHION ] OF TM[ ENHANCED AND PROPESSKMS COO(. AND MY LICENSE FISH FULL FORCE AND EFFECT. "HISS[CM. NEST, NOT Be COMrt[T[D IF THE PERMIT is FOR out """ED MLLARS H ON ON IJ SEJ LICENSE CLASS LitNO. WTM I CCRTY THAT IN [ PERFORMANCE OF Me WORE MR WHICH THIS RESIN,, H ISSUED. 1 [MALL HOT MOIDY ANY PERSON W ANY MARREN 50 AS W BECOME TO ME WORXES' RCOMr[RS-M- "" OF CALIFORNIA. PATE APPLICANT CONTRACTOR DATEIUBJ[CT OWNER -BUILDER DECLARATION NOTICE TO APPMANT.- if, AFTER MAKING THIS CERTIFICATE Of E%EMPTKM YOY 4"CREST AFFIRM THAT I AM[A.."IwOM THE CONTRACTOR" LKCMS[LAW FOR IML R•OVLO BECOME SVRJECT TO Mg WORKERS- COMPMSATKN PROVH}IMS 0,ME FOLIAWING REASON ISCL.)O]I.S. RVSIMCSa AND Plb1[5910Ni COOD ANY CITY OP LAS"CODE. YOU MUST FORTHWITH COMPLY MG, SUCH N.,AH.KNe OR T HIE rERMR COUMTT WHICH REQUIRES A PERMIT TO CONSTRUCT. ALTER. IMPROVE. DCMOUSM. Ow IMAM RC OCCMCO REVOR[O REPAIR ANY STRUCTURE, PRIOR TO ITS 19.YANe9. ALSO ReouHo M. APPLICANT FOR SUCH PERMIT TO rFUEME A aKMCO STATEMENT THAT MC IS LICENSE PUwEUAMTTO CONSTRUCTION LENDING AGENCY LICENSE LAW TH[ PROVIEKNS OF TM[ C1AG. SINE 1 MERE" AIPIwM THAT TIER[ IS A MRSTAVCM- "PING AS"" IOW THE WITH SECTION )0001 OF 1 1 I OF AMC pHSIMIT AND O IMPNE aEXEM COOR Co... PERPOMMAMC[ OF THE WORK IM WHICH TNq PERM, Ie ISSUCD ISCC. SO[). CIV.CA THAT NE FF rr.om LEGS TH[R[MOM AND TM[ PAPS FOR Tx[ ALLEGED [SUBJE L[MCCITS NAME M . VIOLATION OF SECTION )O]I.S RY ANT APPLICANTFEWA T. 1. aYARDN TN[ [ENO[R•e ADDRESS APPLICANT TO A CIVIL PENALTY Of NOT MOw[ THAN M1V[ MYNpNCO DDLI.ARa HLOOM HUNDRED ❑ 1. AS OWNER OF THE PSFORCRTY. OR MY EMPLOYEES MYTH WPam MESA I CCMTIFY MAY 1 NAVE As so" COMPENSATION. WILL 00 TM[ WORK. AND THE STRUCTURE IS NOT WTGOED OM READ THIS APPLICATION AND STATE THAT Mt ABOVE INFORMATION Ie CORRECT. 1-AGREE Po COMPLY WIT. ALL CITY AND COUNTY OFFERED TOM SALE HEG )DAA BUSINESS AND 1.01999IONS CODE, THE CONTRACTORY UC[NSE LAW DOES MM APPLY TO AN OWNER OF PROPERTY ORdMMCES AND STATE LAWS 11"ITNO TO MIgDMO CONSTRULTIONJND HERESY AUTMORIZ[ REPRESENTATIVES THIS WHO EVADS OF APPROVES THEREON. AND WHO M.S aUCM WORN HIMSELF OR TMNOVON .01 COUNTY TO EMTLM UMO THE ADOVE-MEMPP(MT TN(0 FRO"R INSPECTION PYHpa(S. HH OWN EMPLOYEES PROWO[O MET SUCH IMn 0Y9..mYe ARE NOT IMT(NOEO ON - 1 OIIMEO M,, ..LC- IF. HOWEVER, THE IMMUNHO OR IMPROVEMENT H O WITIM 'Me YEAR COMPLETION. HE W EUMM WILL HAVE THEeRO[ROW THAT He 010 NOT PO OR IMPROVE 10. TPURPOSE OF MAL)"01FROVIMD ❑I. AS OWNER OF THE PROPERTY. AMEXCLUSIVELY CONTRACTING WIYM LICENSED TH LIC CONTRACTORS TO CONSTRUCT ME PROJECT IS[G FOAL EF AND SIGNATURE OF PFw TTF[ pATC PROFESSIONS coon THE COMMACTO" LICENSE lAW pO[S NOT APTLY TO AM .L��IF OWNEw OF PROPERTY WHO BUILDS OR MPROVC9 THEREON. ANO WMO CONTwACTS FOE SVEN ROJECTS WRM A CONYMLTOMSI LICENSED P M.UOMT TO • VM. E OIRf/ FSpS E FMC CONYRACTOWE LICENSE LAW.A 0 1 PIC FEB a 5 a'S 3 PISTON Fee j TJ • aSO 1 AP ....PT "DER SEC. . BAP.C. FOR MIS wEASGR FIRM YHL E Adj. PIC Fee E OAT[ GWNM cap j_�oe.6� TaMFeeE \ WORK MUST 9E STARTED WITHIN A PERIOo RR un nAVR renu rut nA+•F,.... �AN CHECK VALIDATION ...�.�.-..�.-�r..•.r..•r. r.r•rr �c..vrrca aMNAwnV YV1V. ex. M.O. CASH PERMIT VALIDATION CIA. MO. CASH 3502 0 1 01/14/88 132.83 TOT[. J �1768"tea°h BUILDING PERMIT 6122 Department meacn, L,A aeDDrnam r r u UA 1 1 v N ►LAN CHECK NO. • .. Ie: (714) 644.3288 ,y BUILDING [ LOCALITY (CROSS ST.) - AODRE9E ' (TAT. AREA GRP T PE P EE6EO BY LOT NO. BLOCK TRACT n ONBT.Af L.E USE OF — ACANT 81Tj LOT !'-Zr GRADING APPROVAL REQUIRED ❑ YES C;0<0 YES O L TEL. USE ZONE PARKING OWNER SPACES ADDRESS m I SPEC. CON a. CITY ZIP CONTRACTOR AGGRESS TEL. NO. mlNen = CITY ZIP YARDS: RCA LICENSE STATE MEWPORT ZONING FAIR SHARE .LABS LIC. NO. MO. LIEN APPROVA ARCHITECT - TEL FIRE EXCISE TAX $ OR END". "O. APPROVAL GRADING . SAN. DISTRICT ADDRESS ZIP APPROVAL - NO. ZONE $ LIC. PERM CNK SJMTC CITY NO. BY $ DESCRIPTION OF WORK OTHER S NEW ❑ ADD ❑ ALTER ❑ REPAIR ❑ DEMOLISH 0 APPROVA rD IS uE TOTAL _• • Gil E • C MPENSATION DECLARATION J �"�' CJ q I H{REBY AFFIRM GMAT I HAVE A CERTIFICATE Of CON3{Nr ro anrnxwRc. oR C[RM1FICATC Or WORR[RS• COMP{M3ATIOM IM3YRANC6 OR A CERTIFIED COPY TMCR[or'.. PROD. LAS.. n � � � roUCI:I di b6� �c PA. ••AAl ❑ c[k - ;E OF 91pNATURE OF APPLICANT C[RT/1 D COPY IS FILED WITH THE BUILD AR1M LICENSED CONTRA. ORS DECLARATIDN. ,. PAT[ APr<ICAxr -0ER IFICATE OF EX T N FROM ERS• I M[R[BY AFFIRM THAT I AM LICM3[D VMDCR PROVISIONS OF CHAPTER { COMPENSATION INSURANC! 1COMMENCINO WITH 3ECTlox I.. OF OIWeION 3 OF TM{ OUSNES, AND "IS SECTION NEED NOT SC COMPLETED IF TN[ P[RNR M roR OHC HUNDRED PROFESSIONS COOL. AND MY LICENSE M D FULL FORCE AND EFFECT. DOLLARS 49I001 OR US" 1 CENT" THAT IN THE PERFORMANCE OF MC SOME FOR WHACK THIS PERMIT IS L1CCN3[CYSf UC. NO. ISSUED. I SMALL NOT CMPLOY ANY PERSON IN ANY MAMCN 30 A3 To EECON{ SUBJECT TO THE WORKERS' COMPCNSATWN LANE OF CALIFORNIA. CONTRACTOR DATE OATC APPLKANT xoTICK TO APPLICANT: R, AFTER MAKING THIS C[ATnCAT[ Or [KEMmON. YOU OWNER -BUILDER DECLARATION I..... Am{wTHATIAxnMPT Mlox Txc coxTRACTd1'3 LN:exaC uw roR T«e sHWLOBECOME SUBJECT TO THM"111GINT CONI.SATHIN IIIOWMONS OF ME 4BOR COOC Yp U NMI MMMWITM COMPLY WIT. SUCH PROVISIONS on THIS PERMIT fOLLOWINO R[ASOX IS[C.)031.3. RV91NE33 AND MOFCSf10Nl CO..,... ODE ANY CITY OR COUNTY WHICH REQUIRES A PERMIT TO CONSTRUCT. ALTER. IMPROVE OEMOYEM.OR SMALL BE DCEMCD A[VON[O. REPAIR ANY STAUCTURE PRIOR TO ITS ISSUANCE ALSO RCWMn INC APPLICANT CONSTRUCTION LENDING AGENCY FOR SUCH PERMIT TO A SIGNED STATEMENT THAT M[IS LICENSED PURSUANT TO 1 SEREST AFFAIR THAT THERE 16 A CONSTRUCTION LENDING AGENCY MR THE TMC PROVISIONS or TN[ CONTRACTOR.,LICENSE IAW (CHAPTER 3NORM MCIN6 DIVISION SECTION 70040 OF DIVN 3 OF THE BUSINESS AND PROFESSIONS CODE, ON PERFORMANCE Of ME WORK FOR WHICH MIS PERMIT IS ISSUED (SEC. 1.7. CWFA THAT HE N EXEMPT THEREFROM AND THE BANS IOR THE ALLEGED EXEMPTION. ANY VIOLATION Or SECTION 7031A By ANY APPLICANT FOR A PERMIT SUBJECTS THE LENDER'S MARC APPLICANT TO A CIVIL PENALTY OF NOT MORE IMAM FIVE MUNMM DOLLARS 43001M L[NOERY ADDRESS I CERTIFY TERM } HAW READ THIS APPLICATION AND STATE THAT Tx{ ABOVE ❑ 1, AS OWNER OF INC PROPEATT. OR MY CNILOWCS WITH WAGES AS THEIR SOLE COMPENSATION. WILL OO THE WORK. AND THE STRUCTURE IE NOT INTENDED OR INFORMATION 11 CORRECT. 1 AGREE TO COMPLY WITH ALL CITY AND CCOUNTY OFFERED FOR SALE 9EC. 'EOM. BUSINESS AND PROFESSIONS COOK: THE ORDINANCES AND STATE"" RELATING TO BUILDING COMSTRVCTO.. NO HERESY CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER Of P IFETY WHO AUTHORIZE REPRESENTATIVES Or THIS COUNTI TO ENTER UPON THE RUMOR OR IMPROVES MM[ON. ANO WIND DOES SUCH WORK MIMS[V OR .... ASOW-BRI TgNEO PROPERTY /OR CCTION PUMMICS. MIS OWN EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS ARE NOT INTENDED OR OFIEREO FOR SALE. IF, HOWEVER.THE WILDING OR IMPROVEMENT 1S SOLD WITHIN ONE YEAR OF COMPLETION. INC OWNER•BUILOER WILL HAW THE BURDEN OF PROW NG ry THAT HE Oil NOT BUILD OR IMPROVE FOR MC IURgSC 019ALC14 ❑ 1. AS D.C. 01 lift PROPERTY. AM [XCLUNV[LY COMTRACORO WITH D 116NAT C P R L OAtt-'u NEC.CCNSSG CONTRACTORS TO CONSTRUCT THE PROJECT . TO.L GUSAWSE RING PROFESSIONS COOEI THE CONTMACTDPf LICENSE LAW MCI MOT APPLY TO AN OWNER OF PROPERTY WIND OUKDS OR IMMOVC3 IN HED., AMP .0 CONTRACTS FAI VAL E O OIRN FIRE S FOR SUCH PROJECTS MTN A CONMACMNSI LICENSED POORMANY TO 1M[ CONTRACTOR'S LICENSE LAWA ^ • • •rf��^� ❑ I AM EXEMPT UNDER SEC. . BM.e. MR THIS REASON FloFBB • PBOIIK FEE FIRM Val. $ Ad]. NO In $ DATE oLYRER C&D $ TrAM Fee& S WORK MUST BE STARTED WITHIN A PERIOD OF ISO DAYS FROM THE DATE OF VALIDATION OR THIS PERMIT BECOMES NULL AND VOID. PLAN CHECK VALIDATION CK. MA. CASH PERMIT VALIDATRIN CIL M.O. CASH 3949 FI 1 01l2F�l8S 17.�FILTOTL March 14, 1988 TO: FROM: SUBJECT: Recommendation: CITY OF NEWPORT BEACH Marine Department Agenda Item # - 2 (a Z-/ BY THE CRY COUNCIL CITY OF NEWPORT BEACH MAYOR AND CITY COU 'NCIL MAR 141988 Marine Department p0''�42,*Z HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK HAYWARD OF 1014 POLARIS DRIVE If desired, deny the application. Discussion: This application is before the City Council as required by Section 5.B. of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this particular location the water area ,adjacent to the applicants residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay. Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marin�rector Tony rleldm0 Tidelands Administrator • • COUNCIL AGENDA v. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 9265"915 TO: City Manager FROM: Building Director SUBJECT: Construction Activity at 1014 Polaris Drive, (Item F-12(a) on March 14, 1988 Council Agenda) DATE : March 24, 1988 On November 3, 1987 the Building Department issued a building permit to Jack Brennan Construction to do interior remodel and add a garage and trellis cover for Mr. and Mrs. Ben Bukewighe. On January 14, 1988 an additional building permit was obtained by Jack Brennan Construction to build 6-foot high block walls on the property lines and add an 8-foot high block wall at the trellis area. The plans do not show structural details to add a concrete cantilevered deck and no permit was issued for this deck. The site plan shows an existing deck and says "see first floor plan." In looking at the first floor plan, there is no mention of this cantilevered deck. The right elevation view on another sheet of the plans does show an existing cantilevered deck above and beyond the bulkhead. When additional details were submitted to obtain the second permit for block walls on January 13, 1988, a new sheet A-5 was substituted to show these wall details. This new sheet A-5 shows a proposed deck extension beyond the existing bulkhead below. On February 4, 1988 the Building Department received a complaint early in the morning stating that the contractor had formed up for a cantilevered deck bayside of the bulkhead and was starting a concrete pour. Upon an immediate field check at 7:30 a.m., Building Inspector Steve Michael issued a Stop Work Order because there was no permit for the deck which was to extend 6 feet over the bulkhead. Before leaving the jobsite, he was warned that the contractor may pour the slab anyway. Since the deck extended beyond the property line and across State Tidelands, the matter was referred to the Marine Department for further action and processing. The Building Department also sent an illegal construction letter on February 3, 1988, which was returned on February 18, 1988 because there was no forwarding address. Inspector Steve Michael then hand delivered the letter to Jack Brennan Construction at the jobsite, who stated that he would deliver it to the owner. On March 10, 1988 a followup letter was sent to the owner, Mr. Ben Bukewighe, giving him seven (7) days to call for a reinspection or have the matter referred to the City Attorney's office. jk 3300 Newport Boulevard, Newport Beach l� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 TO: City Manager FROM: Building Director SUBJECT: Construction Activity at 1014 Polaris Drive, (Item F-12(a) on March 14, 1988 Council Agenda) DATE March 24, 1988 On November 3, 1987 the Building Department issued a building permit to Jack Brennan Construction to do interior remodel and add a garage and trellis cover for Mr. and Mrs. Ben Bukewighe. On January 14, 1988 an additional building permit was obtained by Jack Brennan Construction to build 6-foot high block walls on the property lines and add an 8-foot high block wall at the trellis area. The plans do not show structural details to add a concrete cantilevered deck and no permit was issued for this deck. The site plan shows an existing deck and says "see first floor plan." In looking at the first floor plan, there is no mention of this cantilevered deck. The right elevation view on another sheet of the plans does show an existing cantilevered deck above and beyond the bulkhead. . When additional details were submitted to obtain the second permit for block walls on January 13, 1988, a new sheet A-5 was substituted to show these wall details. This new sheet A-5 shows a proposed deck extension beyond the existing bulkhead below. On February 4, 1988 the Building Department received a complaint early in the morning stating that the contractor had formed up for a cantilevered deck bayside of the bulkhead and was starting a concrete pour. Upon an immediate field check at 7:30 a.m., Building Inspector Steve Michael issued a Stop Work Order because there was no permit for the deck which was to extend 6 feet over the bulkhead. Before leaving the jobsite, he was warned that the contractor may pour the slab anyway. Since the deck extended beyond the property line and across State Tidelands, the matter was referred to the Marine Department for further action and processing. The Building Department also sent an illegal construction letter on February 3, 1988 which was returned on February 18, 1988 because there was no forwarding address. Inspector Steve Michael then hand delivered the letter to Jack Brennan Construction at the jobsite, who stated that he would deliver it to the owner. On March 10, 1988 a followup letter was sent to the owner, Mr. Ben Bukewighe, giving him seven (7) days to call for a reinspection or have the matter referred to the City Attorney's office. 3300 Newport Boulevard, Newport Beach • • T CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 TO: City Manager FROM: Building Director SUBJECT: Construction Activity at 1014 Polaris Drive, (Item F-12(a) on March 14, 1988 Council Agenda) DATE : March 24, 1988 On November 3, 1987 the Building Department issued a building permit to Jack Brennan Construction to do interior remodel and add a garage and trellis cover for Mr. and Mrs. Ben Bukewighe. On January 14, 1988 an additional building permit was obtained by Jack Brennan Construction to build 6-foot high block walls on the property lines and add an 8-foot high block wall at the trellis area. The plans do not show structural details to add a concrete cantilevered deck and no permit was issued for this deck. The site plan shows an existing deck and says "see first floor plan." In looking at the first floor plan, there is no mention of this cantilevered deck. The right elevation view on another sheet of the plans does show an existing cantilevered deck above and beyond the bulkhead. when additional details were submitted to obtain the second permit for block walls on January 13, 1988, a new sheet A-5 was substituted to show these wall details. This new sheet A-5 shows a proposed deck extension beyond the existing bulkhead below. On February 4, 1988 the Building Department received a complaint early in the morning stating that the contractor had formed up for a cantilevered deck bayside of the bulkhead and was starting a concrete pour. Upon an immediate field check at 7:30 a.m., Building Inspector Steve Michael issued a Stop Work Order because there was no permit for the deck which was to extend 6 feet over the bulkhead. Before leaving the jobsite, he was warned that the contractor may pour the slab anyway. Since the deck extended beyond the property line and across State Tidelands, the matter was referred to the Marine Department for further action and processing. The Building Department also sent an illegal construction letter on February 3, 1988 which was returned on February 18, 1988 because there was no forwarding address. Inspector Steve Michael then hand delivered the letter to Jack Brennan Construction at the jobsite, who stated that he would deliver it to the owner. On March 10, 1988 a followup letter was sent to the owner, Mr. Ben Bukewighe, giving him seven (7) days to call for a reinspection or have the matter referred to the City Attorney's office. •I jk 3300 Newport Boulevard, Newport Beach • • COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY CENTRAL OFFICE REGULATION REGIONAL OFFICE P.O. BOX 4048 22921 TRITON WAY 12 CIVIC CENTER PLAZA FEE RECEIPT FORM LAGUNA HILLS, CA 92653 SANTA ANA, CA 92702-4048 714.472-7979 714-834.2626 - RECEIVEDOF, - PAYER'S PAYER: ( /V °i ly/ r„ •,1 F/�/y.P/F %'7F `11.SIJC, ihiC- TELEPHONE PAYER'S y - ADDRESS: //� .E rl N J,� ;n/<,� i bfl CITY JOB OWNER J 0, IV 4Vl6VF - TRACT NO. OWNER'S ADDRESS: JOB ADD HESS: 1!J/ I LOCAL PARK FEE REQUIRED FOR: I SINGLE-FAMILY DWELLING MULTI -FAMILY DWELLING CENSUS TRACT AP LOCAL PARK FEES DETERMINED OR MODIFIED BY: OTHER DATE CAA # I RECEIPT FOR I AMOUNT I TRUST FUND (Check No.) PLAN CHECK FEE (Type) ElGRADING PRE -INSPECTION FEE El LOCAL PARK FEE ADDN.-ALTERATION TO _PERMIT (Type) (Number) ©f PUBLIC PROPERTY ENCROACHMENT PERMIT —' Codes: 1 f Am'ts: l) 7 02/19/88 189444 TELLER DATE F0250-189.9 IR9/871 BUILDINGi``1' PERMIT N 50.00 PP. ;275 VOLUME FACTOR COSTINDEX TOTAL FEE ._.� VERIFIED --�— ?_ BY: (Inroads) FEE v. S8SSSSS50.00 TOTAL 'APPLICANT 4" C� QQv� �o��iloN 0 )n•r.r . II(4 �rM =-. D Ito t e 1 pC w Err rk �-qA VICINITY SKETCH • Jffrr NfwI0171' OAy CAj I,'ORNlA )t So(ind[ngs ore eXpiesaed )n A007f and Olenofe dop/ha below Aseon Lowery Low Wof.-r. Moxh.wo. range of flde opprox)nrofe/y /O'%OIK Arkwhoe /.iies �xl�Tre Carob/1 , hed dr ?�h.s . sechom afNewpe./ 80j: VWf2- fi-pp5_12"Ti I I � horn Ma�N Pf�P��-TY WAT*f- � [ �2 ,,I CW j W ATF, i� �� 81 E PLAN LII- H EAl -- ►�I GIGf cLi1 11�[APP='10-011 uc.a.LIrs V�IG�WItf G'✓N Ger� G Bcx. 17 Te.ocr q �y p Q. /� ✓.B .40opBSs 10 1 I DL7� 1 I% V �`IV� CDA?eACTO \ /f\NW / . I Mrpaer B•wow Sao, - {I 1, 14�T 4WAw It OFIG E I -�EGoc/Fr FINGE2. GtJv Ale- S/ -lW-kFr E y 0 � •arvall +•♦r. aa4 � � O � TQ � a/<taw .off VICINITY SKETCH Odow eer SAY Cweire.w,w •. JiI+F s Sours d�nys e.e rwpersed ,w Pei and d«.of� yplfAs below .�I`o.r Lo wsr Law iwbftr. Moi,...ci.. cony• o! ra'e's o �roa, �sie/y � MA Horbor /.:r•! vrt esloilr'sAe�aa /A:s , seefio,I ei'Newp./ 6ej: /78 I .P Pcx 4o! ' 5 ',f II y' 3� Tv F3�tc%c`'4rc 71 7 1 ;1971-e 1+-- So RA AP ,rEAGJA w 1 /80 179 �c.cLOGR� G/NGEi2 T Ac7 N� 5' T',�rrw� AVDEn o �gAd«.yw� wo fe /c s/ -71-F it 70 .O cle- VICINITY SKETCH """'"'r N.�vreer 'AY, Cnu. �rew.u,o y Soursd•�gt ore eipersed in 'remit and afemafe dy fhs •e/ow Meon [aver Lew ►*#tr^ Mornweiw re..ge of /ids to 4*4 AMWAOm In rs ore esfo*li'ybmd w fh:s .=ecf e" afNe✓~f 60r. �zz¢ -1 �/ I Gee' Go• ,861444i14;7/J !�oil je,540CAlFrD ro' PILE 4 r �' r t iV �UMEU//ffG / s /8o dcr, cs. 22 7.Qil�ru�nu r3�eos. !- IeniAp�• ✓d/4 Po LAjErr 15WIlg G'&,WW CMAW;SrtW/1rf/ISSGwsw:7/&1BS! I Cl r Y oJ- N.Fmoo Pr 4 .So ' `U' L { C �ji/O 1 LS' 11 L yV 4,4�•w/ e•" el.�•� 'e O R O •whew Ilaw4e O iO La v.' c� ewa e'`•f � r Sire. O C + •.....� VICINITY .SKETCH "X^r i I'll W/ONr DAY CAL Ii ORNIA • JlI(/ 5'00n04n ja ore eAprerssd en !ie! and denolg dep /J.s be/OW MQOn Lower LOW Wo fer. AA4,#„ s ron9e of !:d app ro ✓</.no le/y r0 %io! Horbor /.nes are eolob/'hod /n �A�s secfo,v of Ne Wfwr/ 6aY Fl�lll' � ---- /e /..='./o' k// o /.?o e 12e V n e..voor` •./ o0$ESS • /O/� O�Rr�S JJ/'/✓G iCOA074ALTe/t o1n CITY or NEWPORT REA& HARBOR PERMIT PERMISSION IS HEVrry CP,'_FITED TO CONSTRUCT ANC MAiNTAM THE FACILITY ll{E PEV-RSE HEREOF. AT THE SITi%,Dl,- A, THE HAI?Flo�.? --0 TIIE P:Z(,,V:SIONS OF ANY SpCGI,,,j. 2EACH AW PERFJ; Is NOT -kRAHfFEr1,p.ri,1 CC. ISE H T G THE CITY HA FLIGHTS Givv-N W� iy: ilf AND THIS PERMIT MAY Ctpr. VC 'C' ED By T-NZ CITY COUNcl; IN ACCORDANCE Willi 17 OF THE MUNJCIv ,,, _CODE. VOR SPErIAL CONDITIONS: COrP3 fY, Engineers Permit Or&,Pge County permit Other Sr *t'7 PERMIT "SUED SUBJECT To r--'-tEDGE A'ATEMAL BEING :ED'OSIFA PLACED ON BEACH Jr" C.frr am /Nrwo r- dr4c.4-f Guo.e/c � Q � / o At r =s [.J �k� SAr/ociN���r II e s Ii OF/GE Off, Loft f Sal, VICINITY SKETCH """10*,311 1,1 Msw..sir SwY CAt sew ws S �inr - w Sohn Orny!_ ors +xAre rssd rw li.! and dw.ols ~AAA belo.+ •Mse�r tong Lew wbow^ Alvxmww ionps of lids o r74r.rsldy /Ov4wo MCWAOr /riser owe ssloilisAw iA.s_seea4er sFNswprf Aoy. /80 [ /79 ot�F40CA414. FlNCWA pcac fly Trcr 4NO .rvt� Pi�cc:+iuc /rSlf�/�Cf�Krn.�dL/t�i�fl$� I .,i�►�a�E� fd�4 Po �.�t,Qir /�i2iy� c�s>�e>rb.�► CITY OF NEWPORT BEACP HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AN[ MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICAi'ED, SURJVECT TO THE PROV.SIONS of THE HARBOR PERMIT POLICIES OF k.c WPOPT REACH AN' ANY SPECIAL CONDITIONS LISTED P4Er;EOFv'. Tk11S PERM: I& NOT TRANSFERABLE VVITHoU-j- T'hi w= lV- !--- CONSENT O THE CITY FIA'riSOR COORDINATOR OR CITY" CGUNC;L.. Th RIGHTS GIVEN F!}dO'::R THIS PER%'itT ARE PER;C iSS1VE ONL AND THIS PCrA"IT MAY RE REVOK rZ,' Fly 7HE CITY COUNCII IN ACCORDANCE WITH TITLE 17 g7•- THE MUNICIPAL CODE. Ak r/. CITY FEAR OR F.PVR OR ®rS—/f1/f/�3 PERMIT AIQF, DATA V Al IT DATE .._._-z.S-_s �_. SEE ATTACHED SHEET SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit Other _ �Li uw` C,# r ar Mmpowr B&.wc tir is 3 E�t.Qa*f f�1 040- S �'', 1f.44 �` •� J w� ee+vr 4 wetee �ifMe If max. Sa,va.IA'C ' c /sv 179 PE�oc o -�' F/.vC04 pout iI Ac7 N�• � �¢� � To I tg.4cl�rrkta I VICINITY SKETCH wr, C~ - NerNwr ISA C • fenv K �fOtN1� f Soonay.+ys, a s OA,o Cffssd on /Wei once OlPr iw dy/na Oe%w lwC -w Ceww Low w4vAF^ Moz,.,g wn range a/' ficet 4p/ro;i�wni.�ly M Iief Ai rbi ore es/oNiSAr sv /A.l.=Odor e{lVOW,~f 6or. t I PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANT) MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF .AT THE SITE INDICATED, 5111JECT TO THE PROViStONS W THE HARBOR PERMST POLICES OF NS WPORT BEACH AN! ANY SPECSAL CUNWTIONS LiST':D HEn EON. THIS PERMI IS NOT TRANSFERABLE 4YETL: `v tf Ti5<: %'1.:FCTrN CONSENT O THE CITY HARSOR COORDIMlwrOR OR CITY COWICEL. T>i Rjrj HT.5i G3V=!il 4I,J0_r1 TSIS?. PE",'rev;T AWE PERMISSIVE OHL' AND THIS PERMIT MAY BE REVOKELBy THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17_D{ THE MUNIC: AL CODE. CITY HARlarOR COORDINATOR O//J - /arc`' G ` Z�-�� PKRMIT I+I�II DATE DATE SEE ATTACHED SHEET SPECIAL CONDITIONS: COI Ps Of Engineers Permit Orange County Permit Other q n i' ' PERM• NO. DREDGING APPLICATION Project Location: 1014 Polaris Drive Cubic Yards to be Dredged: 458 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site if needed. Effect of dredging on contiguous bulkheading and beaches will restore depleted beach I, Laverne Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept 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. Ben Bukewinge Newport Dredging Co. (Applicant -type name (Contractor -type name) July 7, 1983 (Date) Signed: Contractor's Representative /vEjWI=cPr C f4 i ti v C' Q a •, rt •twr�, R TO � twdew taw4y D A ,{•t•' 9 CIZ ba •�f• 1 r l.r� 0C • •{a w1t VICINITY .SKETCH rtr�trrr i N,woYRr 6ny Cq ,,cm N,, ' Jerry /f".9 SIOU. longs art VARiCrsed rn fed and deno/e dvp/hs below Mean Lower Low i✓a /e•., Morar«iww range of 1,ne3 ore a:fob! ' hed rn "h:s JCC"'O, oFNe wparf Bob: lK/i .r� Lrn Go� 17Y -5O r �,. /p .' /'Ila' CA" r.2Qe n &-,Ake k,' 1 C 4Q e V J o oOPESS: /O/S� rO�wr�S L// /✓G C.1,17AA er.AIV D/��ving dArE ����cQ3 CITY OF NEWPORT SSACH '7 L r, f:, "s AS %, t 3 1-. Z TO (AUN--TRUCT ANC THE AT SITE ir!N 11C7 i�!',,RDCIR T f'� EAC J%!,z rs., z '01M ".aV MA lm, 1 IN ,".r,--'ORDANCE W;Til Au 4xivnm J& % MIT tic—). PA.Tr SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit Other Z_.? & PERMIT ilsuED suajEcT TO DIZEDGE MATEMAL BEING RA"! Pl-', CEO 0 BUKEWIHGE, BENT 1014 Polaris Dr. MAILINGADDRESS Polaris Z rl N.B• TE645�5854 FE NO lhf EE CH CK OA 2Yo di APPROVE. BV: DATE APPLICATION IS HEREBY MADE FOR 4 HAR90H PERMIT 1 OCHD CONSTRUCT VISE A -Can't- dP 'AT THE ABOVE LCCATIDN IN ACCORDANCE WITH THE CITY OF ENGR �- NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL El__.. BV--Brio }S Jeannat COMPANY PUBLIC WORKS DATE. — 18 //J .8,8 DEBT. 2 — ❑ DATE EBCROW -- INSPECTION ❑ ._-._ SIGNATURE EJ SPECIAL CONDITIONS Wx ro.M eE.Iom I.> 71X rr CITY OF NEWPORT BEACH Agenda Item NF-12 (a) Marine Department March 14, 1988 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK BAYWARD OF 1014 POLARIS DRIVE Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by Section 5.B. of the Harbor Permit Policies which states: S.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this particular location the water area ,adjacent to the applicants residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay. Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marine D*rrector Tony Me dm-OZ Tidelands Administrator Cl rY dr-4c rf-ar5a�-7 you,*Yl aN O I/T-rf, `' 'f• o a, C N wew.fffl •*^ '� o R T O f�CfoAO D Nff ff4Pw fLIN p"Y c rf,R a ceffwf CEN N s VICIMiTY SKETCH Nf WYORI &AY CAL (FORMA Soundings Oro expressed In fee{ and dw.afe dip/ha he/OW 4fe0n LOWer Law MOAer. A40r'r M range eF hide opprovmoie/)r /O +%&-/ ilorhae /.ile5 o e es/a6/ILshed /i, ihls . secf a on Oewcw, 1 S/: �x�yTS t{aJ�E ttoU95-, &NPA7 I � GaMMO=N �P'���►yi"Y 1=-ER LA N e pro, �D11 � Qn 8 1 E PLAN dVirlZ- �iU I.IK H F-P�D '� ray - 1'I �j'-' N'�P���� '1� a.: � GJGfxL1✓ I ��-�10-0 �� L/CAvTS Carl 0 ¢BLLie, i7 rRAcr 4 Jog AoDzess' 101+ rc L-AP-« PI —IV Gov ACTaie ��N NOATE�' March 14, 1988 TO: FROM: SUBJECT: r CITY OF NEWPORT BEACH Mari a Department MAYOR AND CITY COUNCIL Marine Department Agenda Item #F-12 (a) HARBOR PERMIT APPLICATION 0115-1014 BY BEN BUKEWIGHE TO BUILD A CANTILEVERED DECK BAYWARD OF 1014 POLARIS DRIVE Recommendations If desired, deny the application. Discussion- This application is before the City Council as required by Section S.B. of the Harbor Permit Policies which states: 5.B. "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Drawings and the adopted Harbor Permit Policies." The applicant proposes building a concrete cantilevered patio type deck bayward of his residence at 1014 Polaris Drive in the Dover shores area adjacent to the main channel in the Upper Bay. In this particular location the water area ,adjacent to the applicants residence is State Tidelands. Section 29 of the Harbor Permit Policies states as follows: 29. "In areas where the waterways are privately owned and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines " In the past staff has read this section to mean that Council would only allow concrete cantilevered type patio decks in those areas where the waterways are privately owned or within Promontory Bay., Additionally Staff has received input from the State Lands Commiss- ion that these type decks violate the terms of the trust in that they are considered a residential use rather than for " commerce and navigation". For the above reasons it is recommended that the request be denied. Dave Harshbarger Marinee/ u'rrector Tony M'eldm'� Tidelands Administrator C/TY oP- f'�'oi'�P'TY U 1 N to Q Or N� � 1er Iew w R TO Q 1wclo� D fLIND .O Q a 4 O C VICINITY SKETCH w"r'°'rr' ,c. Newooa 9AY CALIFOAMIA Jerry Socrndngs are e.(pic sled ,n lacy' one eanoy'e dcplhs be/ow Mean Lower Low Wafer. rbloxln n, range of flee /Olaef. Horh*e /ices are eafab/r'shed ri. y'ha . secf,on oyrmewporf Bay. �x �sT�� c N1= x T' ,z WTE(x- SI E PLAN �—a ov>:rz- ?U �1K H r=A� QTn 170C�{�- ON INATr--jZ- ■l 1,4 L/CA,vTs FU t*—W 1'46r' ?"05�N LeT 1 O BGX, r✓ T,¢ACY 4 ✓06 AoDge'ss 101+ j'OL�tP'l� 12f --IVF cau e�ocTo� - �� No-arE2-Q} Agenda Item No. I-1 MEMORANDUM OFFICE OF THE CITY ATTORNEY April 11, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Application for Harbor Permit (Bukewighe - No. 0115-1014) to build a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive Recommendation: If desired, deny the application. Background: Ben Bukewighe, the owner of property at 1014 Polaris Drive, has filed an application for a harbor permit authorizing construction of a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive (Dover Shores). The Council deferred action on the application to this meeting to allow staff and the applicant additional time to evaluate the proposal. Staff met with the applicant, and his architect, on April 5, 1988 and also contacted representatives of the Coastal Commission and State Lands Commission. Discussion: Status of project: On November 3, 1987, a building permit was issued for the addition of a garage to, and interior remodeling, of the Bukewighe residence at 1014 Polaris. Site plans submitted with the building permit application show an existing cantilevered deck, but there are no structural details, and no permit was issued, for the deck. A second building permit was issued on January 13, 1988 authorizing construction of block walls along the property lines and another wall on the interior. The additional details necessary to obtain this block wall permit are shown on a new page A-5 which was substituted for the original plan. The substituted ► . - A-5 sheet shows a proposed deck extending beyond the existing bulkhead. It is staff's opinion that no permit was issued for the proposed deck. On February 4, 1988 the Building Department inspected the site and found forms and supporting steel for a cantilevered deck extending approximately five (51) feet bayward of the bulkhead. A stop work order was issued and the matter referred to the Marine Department for further action and processing. Notices of illegal construction were sent on February 3 and March 10 but staff has taken no action pending a Council decision on the application for permit. Tideland Issues The proposed deck would encroach into the air space above tidelands. These tidelands have been granted to the County but, by long standing practice, permits for all encroachments are administered by City staff pursuant to provisions of the Municipal Code and Policy Manual. The pertinent provisions of the Newport Beach Municipal Code read as follows: "No person or agency shall build, maintain, extend or make structural alterations on any . . . bulkhead, seawall, . . . or other structure in, upon or over the waters of Newport Harbor . . . without first obtaining a written permit to do so from the City." Section 17.24.010 NBMC The Harbor Permit Policies (Council Policy Manual H-1 through H- 32) amplify upon the provisions in the Municipal Code. The Harbor Permit Policies require the issuance of a building permit for "cantilevered decks." (Policy 3C) Section 29 of the Harbor Permit Policies authorizes construction of cantilevered patio decks beyond established bulkhead lines only "where the waterways are privately owned, and within Promontory Bay. ." These provisions of the Municipal Code are consistent with the public trust imposed on tidelands. This public trust limits uses of tidelands to those which further "commerce, fishing, and navigation." Residential use of tidelands is prohibited absent specific legislative approval. Staff has contacted the State Lands Commission and we have been advised that construction of the proposed deck would violate terms of the tidelands trust. For these reasons it is recommended that the application be denied. RHB/jc Robert H. Burnham City Attorney BRION S. JEANNETTE& & ASSOCIATES, INC. 470 Old Newport Blvd. NEWPORT BEACH, CALIFORNIA 92663 _ WE ARE SENDING YOU ❑ Attached pJ Under separate cover ❑ Shop drawings El Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑_ LETTER MET N, I AM N 0MITTAL ❑ Samples ❑ Specifications km KM,W-7ri1 rM �t. WE ��r�i�e�.�. THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted Y "s requested ❑ Returned for corrections j2r1or review and comment ❑ ❑ Resubmit copies for approval ❑ Submitcopies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US 0 COPY TO PR00UCf Y10t ®ic sar vm Olnt. It andrss am not as noted, kindly at once. r�/ -5--p0i`/ CITY OF NEWPORT BEACH September 30, 1977 Southern Cities Escrow Co. 2929 Newport Blvd. Newport Beach, CA 92663 Attn: Cindi Swensen Dear Miss Swensen: Ref: Escrow 2229 The City of Newport Beach has received an application to transfer Pier Permit #0115-1014 for the property located at 1014 Polaris Drive. The structure was inspected on September 29, 1977, at which time it was determined that the structure conforms to the City standards. However, two "inspection plates" are missing from the deck, one from each finger and should be replaced. ti This permit is being transferred with the assumption that the plates will be replaced. Sincerely, Q C( (D-� Ray Garver Tidelands Aide Marine Department RG:11 City Hall • TInn \Tewnnrt Boulevard, Newport Reach r'alif.,rnia 92661 To City of Newport Beach Pier Su Sub FROM 710at SOUTHERN CIk.cS ESCROW COMPANY 3300 Newport Blvd. 2929 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 Newport Beach, Ca 92660 714/675-2725 Escrow #2229 1014 Polaris Dr. Lot 180 Tract 4224 Date 9 / 20 / 77 MESSAGE: Enclosed are the following: cf �! Pier & Float Slip Check for $150.00 The new owners are Ben Bukewinge & Dorothy Bukewinge Thank you, Cindi Swenson, Escrow Sec. R6difprm 4S 468 NO REPLY NECESSARY REPLY REQUESTED— USE REVERSE SIDE Putty Pak 130 "%) 4P46Q 10 N N July 17, 1973 CITY OF NEWPORT BEACH CALIFORNIA MARINE SAFETY DEPARTMENT City Hall 70 Newport Pier 3300 W. Newport Blvd. Area Code 714 673-2110 'Mr. Gerald F. Serra 1014 Polaris Drive Newport Beach, Calif. Dear Mr. Serrdi The City of Newport Beach as received an application to transfer pier permit # 11 101for the property located at 1014 Polaris Driva, wport Beach. The structure was inspected on July 17 at which time it was determined that the following deficiencies exist: 1. Pontoons are missing from the westerly finger of the float. 2. The rear exterior pile hanger on the westerly finger 3. needs repair. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies "All structural deficiencies must be corrected...." A permit for this work must be obtained from the Community Development Department. Would you please advise this department when this requirement has been met. If you have any questions, please contact me at 673-2110, Ext. 291. Thank you for your cooperation. Sincerely, D. Harshbarger, Captain Marine Safety Department 7-24 1 7 Pe ta. Dean '7 /G. /ig" (/T-1(10 DH:GW:lf oBflilc Newport June 26, 1973 00 00 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Re: Our Escrow No. 1565 Gentlemen: We are enclosing our check in the amount of $50.00 to cover transfer fee on the property known as 1014 Polaris, Newport Beach. We are also enclosing transfer card in order that you may transfer thepier and slip to gerald F. and Eileen V. Serra. Sincerely yours, a Blough Escrow Officer JB:mm DOVER AT SIXTEENTH STREET • NEWPORT BEACH, CALIFORNIA 92660. 645-533:3 r� U STATUS SHEET HARBOR PERMITS TRANSFER Location i 0/ y P6 du .), S C� Y- Date Application Received Oral Request for Inspection Escrow Co. Permit # 011r 1011 Fee Rec'd Date Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed PAL O , -Q , - ZT NO. DREDGING A2PLICATION 2ro4ject Lccation: 1014 Polaris Dr. ubic 'tars to be Dredged: 80 Method Of Dredging: qr,q ••anlir Ct,r}t rw Nature of Dredged Material: snrr#/eta* Dismosition of Dredged Material: D+ralire trnne-nrt *m beach rmclamation nrey_ Method of Material Disocs,'tion: 9irei4ne tramsnort T'.:rb^idity Control method: Rer�,•re ?i arH n.. .s nn 1 ri }+ =_feet of dredging on contiguous bul headinc and beaches Rein.force/arotect bulkhead -restore Qand to deol ted beach Mark Us hereby state that _T have read =he u. S. _,nv (?rint name) COr-, s of Engineers permit for maintenance dredging in :e< Crt aarCCr, _: e City of Newport Beach and Orange County Ha_bors,3eac.hes =rd Barks D4-st_-ict (if annlicab le) permit for maintenance dredging and that IT accept a__ t`e provisicns therein. Additionally I guarantee that the orcposed dredging will act occur because of any altering of existing use of the affected zone. Den Bukewinge App cant -type name) 11/12/90 (Date) _�nt+.an nn atnl nr eAoi r3 (Contractor -tyke na^.e) Signed: C ntractor s Representative HARROR PERMIT la I'VJ Sy CHAIMP TO COh-ITRUCT ANE ARAt1',tAN4 CN VIR )Kv.y .- AX n;!-. il 70 TU,� P, 4ke'f HEREOF, AT V tQV#jltlkS of T"t V!,nEaft OF t4-4PORT RVACH AMP ^Pf'f SPL LAL J,!m.gp'n 1"ll pgftF41,4 12 1107 ;i,,i Vott"Ic"i crktrNt or THE, C41Y V.A.Kisf>fk 1~.' -ATV Col%o14Cfj_ RIC37zl cwir.'m Api. AN73 TH#3 Pi:KMIT IN ACCQF2OANCV WiTh I.-,LL IT OF ;iiLffflt;iPff.L CODE. ......... . 1 .1 FERMfT ISSUED SUBJECT To DREDGE MATERIAL SEJW HAULED TCSEA_ .,- PLACED ON BEACH SPECIAf CONDMOM, CO'i-4 Of Er4lrveeri Pars & 5 - icy f v d Y Cl T Y ov NEmao/ar eEgcN 14, .V fic s f�Fa �lc.t s, e r 1yu; Wig. � 1 "� CRIKT�A� �i2a�i nq 'S ! /ate, Pvb 1+c 6zec4 lip -#7, U cb �J e c � I r• •�� °y P O ..."r., .�.�N. R O � •wasew D /ftl4• = CN•y ,. Jlf� O �, * ••t «.c f�N . VICINITY SKETCH cam, N•wIOBr BAY, CAL iFORNIA y ! i /!/Ir SOuna',nys are ewpressed ,n leef and d0nofe dep/As below Mean Lower Cew Wafei Wozm ronge of /:d Qpp rommoielj, l0 �Wef. Harbor 4/nes are ea/ob/ ' hed /n >/Ais sec/.on of.vcW,~ < Bar. I eel 7T cls -1 1 Qe� �u f'e wl i, ! o /do ec 412 5/ J o voQEss • /aim ��ir.9 Z)ri✓a coIV7-mAcroa /b5 _ OATS l� 12-gC Ni;Wp'OPT. �F P-4 rim -,Z- -,"TS Givi VC R15,CK, t kr, C'. ffiY-"6VVZWP0lET 131EACH S,RApmevhrgj. PVFPv. MIT Tinj2r3gnl3 1,i r'.rANTD TO CONSTRUCT AMID vAlle,7 "F1-ZOVISIONS Of 7 VI t',,Y ;:"'V. C GF.T BEACH AND IIISS PKRFAII U-i C rNSENT Of NE clly +:Y 0GtjKQfL THE jc�jjjS GVL' I V'Ziltlizi%Vf ON0 4ND THIS PERM;-, ""Ev;"Xi-73 Fy Nl= c47-1 COUNCIL IN ACCORDANCE WITH a4TLE 27 i,Z A4U,fiYrJJF.L CODE. CITY HA990IR'COORDINATOR PERMIT NO. �RMIT ISSUED SUBJWT TO ,-GE MATERIAL BEING ED-,cSFA--- - SPEPIAL CONDITIONS: 01 71.-,qix,.*m pen�ft xvn&jo Ccmwily Permit otilar 09/06/2001 23:42 3122 SWIFT PAGE 01 SWIFT SLIP )CK AND PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 ONE (949) 631.3121 -FAX (949) 631-3122 FAX COVER LETTER FAX # (949) 631.3122 DAME: 9/6/01 �.._ PAGE5 TRANSMI ED INCLUDING COVER LET! ER: 4 TO. Tony Melum COMPANY NAMED. City of NB 673-3056 FAX NUMBER Plan check #0809-2001 Bukew e SUBJECT. -- MESSAGE: Tony - We are just about to et this resolved with County so I will let you know as soon as I et th E chronChment Permit. In the meantime, here are the other necessary approvals. Please let me know if you wil than County. Thanks other PLEASE RE$P ND—.__ —FOR YOUR INFORMATION IF YOU DO N�; RECEIVE ALL PLEASE CALL US S a5 SOON AS POSSIBLE IVfi THIS FAX CN ERROR, 09/06/2001 23:42 9496313122 SWIFT PAGE 02 California regional Water Quality Control Board Winston Hlckox Secretaryfor EnVIMM es(al Prptection April 19, 2001 Beth Swift Swift Slip Dock and Pig 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REPLE DRIVE, NEWPORT Dear Ms. Swift: Santa Ana Inumet Addreae. hltC'ttwww.awrcb•ta.goe 3737 Msln Stmt6 uite 500, Riverside, C01f0mis 92501.3339 Phone (909) 7824130 3 FAX (909) 791.6288 Gray Davis CVwwr T OF BOAT DOCK, BEN BUKEWIHGE, 1014 POLARIS ORANGE COUNTY If standard dock contion methods and materials are utilized, this project should not adversely impact water quality A!statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the permit, it will be net Certification under St Should you have any Smcerel , i, Gay D. Stewart, Chief Regulations Corps of Engineers determine that this project requires a Section 404 for the project proponent to obtain from this Board a Water Quality 401 of the Clean Water Act. please contact Jawed Shand at (909) 782-3288. cc: California Coastal Commission, Long Beach Army Corps of gmeers — Erik Larsen City of Newport Reach, Marine Department - Tony Meller JIS/blutagll6let California Environmental Protection Agency .lR. Recrcrerl Pape, 0/3/06/ 2001 23:42 9496313122 SAIrT PAGE 04 PEPLv" Office of the Chief Regulatory Branch Mr. Ben Bukewinge c/o Swift Slip Dock & Attention: Peter C. S%v 2027 Placentia Avenue Costa Mesa, California Dear Mr. Buke�N'inge: Reference is made provisions of Section 10 hereby authorized to m, pilings just bayward of County, California, ass] required for the project The owner or aut Permission (LOP) indic conditions. One of the Engineers (a pre-addre: postcards to notify this construction) and coral DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES. CALIFORNIA 9DD53.2325 June 1.2001 Builders to your request of April 17, 2001 (File No. 200100930-SMS)- Under the >f the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are dify an existing dock and replace three existing pilings with four new 014 Polaris Drive, in Newport Bay in the City of Newport Beach, Orange own on the enclosed drawings. Dredging or placement of fill is not n waters of the U.S. red responsible official must sign and date all copies of this Letter of that he/she agrees to the work as described and will comply with all ed copies of this Letter of Permission must be returned to the Corps of envelope is enclosed). In addition, please use the two attached ,e as to the dates of commencement (within 10 days prior to the start of )n of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Sincerely, Mark F- Sudo v Ft, Regulatory Branch A&03 ni� inca/-710 nATO SWIFT PAGE 03 09/06/2001 23:42 9496313122 i i STATE OF CALIFORNIA THE RESOURCES AGENC CALIPORNIA COASTAL COMMIS: SOVTH COAT AREA PO 8oe'450 Zoo OrAwgal0. iUP, F1001 LONG BEACH, CA NW2-4416 15fl)19a11-M]1 NOTICE DATE: June 10. TO: Ben Buk FROM Peter M. SUBJECT: Waiver De PERMIT WAIVER EFFECTIVENESS Executive Director s Number 5-01.134-W Please be advised that aiver Number 5-01-134-W, which was reported to the Commission on June 14, 2001, becatne effective as of that date. Any deviation from the application and plans on file in the C isslon office may require rcoastat development permit for the entire project. , APPLICANT: Ban Bi. kowinge LOCATION, 1014 Polaris Drive, Newport Beach (Orange County) (APN(s)117-721-31) msciiuvm : Remov ng two (2) 12' guide piles and one (1)146 guide pile, Installing two (2) 18" uide piles and two (2) 16" guide piles, widening fingers from 4' to 0'. widenine slip from 20' to 25' and installing a new Tx 24' gangway and 4' x 6' gat}gway landing. There will be no work done on the bukhead. Should you have any g4estions, please contact our office. Sincerely, PETER M. DOUGLAS Executive Directo By: FERNIE J. Coastal Program lyst dt CALIFORNIA COASTAL COMMISSION t--�AAL' T C) 0 F f`lEwpoa,Tpx+ Inspection ■ %_ AOL Ah A,_r71_1, 6.U/ELt7r=Q L COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY REGULATIONXENTRAL PERMIT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA. CA. PERMIT MAILING ADDRESS TELEPHONE: 834-2626 P.O. 80X 418 AREA CODE 714 SANTA ANA CA. 92702 ---- PERMIT NUMBER 1. PERMIT DATA ',Jr. and Mira. Eulcewirtlfe PERMITTEE: 1014 Polaris Drive ROAD OCFCQK--= Necaport ➢each, CA 92660 X OCHBPD OTHER EFFECTIVE DATE MAY - 1 19(6 FACILITY IDENTIFICATION: Newport Tidelands EXPIRATION DATE R/W CLASSIFICATION Compliance with Environmental Quality Act Categorically Exept A 2. PERMITTED USE Permittee is hereby authorized use of county property as follows, subject to provisions On reverse hereof and attached hereto: Transfer of ownership for non-exclusive, revocable use of an existing residential pier at 1014 Polaris Drive, Newport Beach, for non-comerciol purposes. ) %RIME Tr v i 1978 Ow 2 I . 3. PERMITTEE'S ACCEPTANCE --=- "-' Permittee accepts permit and agrees to comply with and be bound by the terms thereof. I bi aW e_2 0 o, 2717 ,I concerning the registration and disclosure of lobbyists.'' / PERMITTEE 4. REVIEW BY COUNTY COUNSEL 5. CONSIDERATION - Approved as to form: Permit Fees 610 00 (t 081-646-275-.15 Surety tint Ram Insurance Noi 2AWL4ra& DEPUTY _-- -- -- -- 6. APPROVAL (Permit not valid unless executed by either A or B) A. APPROVAL BY BOARD OF SUPERVISORS B. APPROVAL BY E.M.A. Approved by Board of Supervisors of the County of Approval by authorized representative of Environmental Orange. Management Agency pursuant to authority delegated by the Board of Supervisors by Resolution or Ordinance 69-836 and No.adopted _*W^ CHAIRMAN, BOARD OF SUPERVISORS GATE ATTEST CLERK DATE E AUTHORIZED REPRESENTATIVE DATE t In nn: i F0250-206 AV 1`�8 333,893 CASHIER DATE RECEIPT NO. 10.G0 } 7 PERMIT FEE CODE PLAN CHECK TOTAL SPECIAL PROVISIONS [78101544(HE) Perm i! No. A. Permittee acknowledges that county tideland:; utilized under this permit are for the recreational use of the fee owners or long-term lease holders of the adjacent uplands and if the facilities are rented, leased or used i.ii'any manner for applicants 1-financial. gain, permit will be automatically forfeited, B. This permit is not subject to transfer, assihnment, alienation, pledging or hypothecation; anv change it, ownership requires a new permit. C In the event the nermi.ttee is requested to remove any facilities, the removal ;,,ill be. maldc and the site restored to its prior un- improved condition at In expense to the county or the Harbors, Beaches and Parks District. If the facilities are not removed as requested, permittee acknowledges the financial responsibility_ and agrees to reimburse the county or the Harbors, Beaches and Parks Distract for any expense incurred in the removal of the facilities. D. All facilities covered by this permit shall be maintained in good repair and failure to comply will be cause for cancellation of permit. E. Any improvement is limited to a single pier and float or slip bayward of each parcel or lot. F. County has adopted a policy for the 'renting of tidelands to the adjacent property owners. The area covered by this permit will be subject to the fee so established by Resolution 71-1399. i F0250212 STATE O ' ALtFORP- A —THE RESOURCES AGENCY GRAY DAVIS, Gome CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 908024416 ,= , NOTICE OF PERMIT WAIVER EFFECTIVENESS DATE: June 18, 2001 TO: Ben Bukewinge FROM: Peter M. Douglas, Executive Director SUBJECT: Waiver De Minimis Number 5-01-134-W Please be advised that Waiver Number 5-01-134-W, which was reported to the Commission on June 14, 2001, became effective as of that date. Any deviation from the application and plans on file in the Commission office may require a coastal development permit for the entire project. APPLICANT: Ben Bukewinge LOCATION: 1014 Polaris Drive, Newport Beach (Orange County) (APN(s) 117-721-31) DESCRIPTION: Removing two (2)12" guide piles and one (1) 14" guide pile, installing two (2) 18" guide piles and two (2) 16" guide piles, widening fingers from 4' to 6', widening slip from 20' to 25' and installing a new 3' x 24' gangway and 4' x 8' gangway landing. There will be no work done on the bulkhead. Should you have any questions, please contact our office. Sincerely, PETER M. DOUGLAS Executive Director By: FERNIE J. S( Coastal Program dt CALIFORNIA COASTAL COMMISSION CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 May 14, 2001 Peter Swift Swift Slip Dock/Pier Builders 2027 Placentia Ave. Costa Mesa, CA 92627 SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments -Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238.1, Title 14, California Code of Regulations. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. WAIVERM 5-01-134 APPLICANT: Ben Bukewinge LOCATION: 1014 Polaris Drive, Newport Beach (Orange County) PROPOSED DEVELOPMENT: Removing two (2) 12" guide piles and one (1) 14" guide pile, installing two (2) 18" guide piles and two (2) 16" guide piles, widening fingers from 4' to 6% widening slip from 20' to 25' and installing a new Tx 24' gangway and 4' x 8' gangway landing. There will be no work done on the bulkhead. RATIONALE: The subject site is located between the first public road and the sea and is a bayfront lot. An inspection by the City of Newport Beach Fire and Marine Department states that no eel grass is present within 15 feet of the project area. In addition, the Regional Water Quality Control Board has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The proposed dock is consistent with Section 30233 of the Coastal Act in that the fill of coastal waters (i.e. placement of pilings) is for a boating facility, minimizes the quantity and size of pilings, and the pilings are self mitigating. Public access in the project vicinity is located at Upper Castaways Park and at Upper Newport Bay Regional Park. The proposed project design is compatible with the character of surrounding development and does not have any negative affects on visual or coastal resources, public recreation or coastal access. Also, the proposed development will not prejudice the City's ability to prepare a Certified Local Coastal Program and is consistent with the land use designation in the City's certified Land Use Plan, past Commission actions in the area and Chapter Three policies of the Coastal Act. This waiver will not become effective until reported to the Commission at their June 12-15, 2001 meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the California Code of Regulations. The enclosed Notice Card shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required. l / i TT :iRAH LIFE Deputy Director cc: Commissioners/File H.1fsyTe-Minimis Waivers�5-01-134-IBukewingelDW(NB) / / A 05/11/2001 10:06 9496313122 SWIFT „,PAGE -02 - 1 - • Drr� �/iJry CITY ao Nwwwoar drwcsr GuoRr� SO ' ' S'f T� '• . Gil, N.t,c.4l srrrJ �•,. �`' r c PIZ 30' / EEL GRASSINSFECT N VICINITY 5RETC--4 .•� •,•, i J... W N0EEL GRASSWpl: OF OT r, c s.n,..,. •��, ClEELGRASSIN EC {� Sof'il d�ngi a• ++Press+d n /s.i ..d e' e/r Y ,•/%% drr/hr Ms/ow Mewr Lew�r La.' f,(�isr. Ma.tiu- -� - ropy♦ a{ fi d. vPr �va.+wa �s/y i0 ri.sl A'o.ev� /.n Jf GNATUREUATE Qr! eale Wi y�rr pw /A:�_.tccf.sa a{'Na.§r++f 6vj. I Ja # i 7Routh Coast istrict Office i RBOR RESOURCES DIV, P t )I QFNE RTB c7 rVp zZ4 EFFECTIV cz4 9/01 4 JA77� 2'181.�n:I ' r � , •.�r�.�1l�+to VA �x r 7FD c r� wldGN Frk5ers fro,,' :P-ern[iVC a-rvz"p�/e C fi` 4 "hJ /U G n cJ.G �s. �• . cwr�r+ ,•f�`��✓t/ �CJfCt�Wlldlr"�• ,/tea Bc.r — 7,iarr: •iZ?=- F,:"e.� �=• /dI�1 fro cst,Q•l1' J'/2r1i_. Ca>,wcra %�Li• v'.:�.:_ I CITAF NEWPORT BPACH OFFICE OF THE CITY ATTORNEY 00, P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 ` /L (714) 644-3131 June 20, 1988 Mr. Ben Bukewinge 1014 Polaris Drive Newport Beach, CA 92658 Re: Harbor Permit Application No 0115-1014 Dear Mr. Bukewinge: This letter will confirm our recent conversation regarding your plans to ask the City Council to reconsider its denial of the above -referenced harbor permit application. This office will not institute litigation for the next thirty (30) days to allow you to make your presentation to the Council. If you have not asked for reconsideration within that period, or advised me why your request has been delayed, we will have no option but to file a lawsuit seeking an order directing removal of the cantilevered deck. During our recent conversation you indicated there were a number of commercial enterprises on the waterfront that encroached beyond the bulkhead line. If you have such information, please advise me as soon as possible so that we can look into the matter and take appropriate action. Please call me if you have any questions. ity RHB/ j c Enclosure cc: Bob Wynn Dave Harshbarger Ray Schuller Tony Melum 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 June 20, 1988 Ms. Nancy Smith State Lands Commission 1807 13th Street Sacramento, CA 95814 Re: Application of Ben Bukewihqe for a Permit to Authorize Cantilered Deck Extendina Over State Tidelands Dear Ms. Smith: On May 9, 1988, the City Council denied the application of Ben Bukewinge for a permit authorizing construction of a cantilevered deck across the bulkhead line and over tidelands bayward of 1014 Polaris Drive in Newport Beach. I have enclosed a copy of my letter of May 16, 1988 advising Bukewinge to remove the deck or face litigation. In a recent conversation, Bukewinge told me he was going to apply to the City Council for reconsideration of their decision. Since we would probably not get a court order directing removal of the deck until Bukewinge has had his second bite at the apple, I do not intend to file a lawsuit until the Council denies his request for reconsideration or it appears that he does not really intend to pursue the matter further. Please advise me if I have your authority to name the State Lands Commission as a party plaintiff if and when this matter goes to trial. Also, I have been told the tidelands in question were granted to the County of Orange, not to the City of Newport Beach. I would appreciate it if you could confirm the name of the public entity that holds these tidelands in trust. Please call if you have any questions. RHB/jc Enclosures ry truly yours, ober Burnbam City Attorney 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G�Z��G$,;��.1 moo+�9G�y�2 G9�P April 11, 1988 ROLL CAII i`INOEX BA-073, $145,000 - Increase in Budget Appropriations and Revenue Estimates for Harry and Grace Steele Foundation Grant for the purchase of books; Special Departmental Expense -Library Fund. [Refer to agenda item F-9(a)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department to Planning the City Manager regarding ACTIONS TAKEN Cmsn BY THE PLANNING COMMISSION AT ITS (68) MEETING OF MARCH 24, 1988, was presented. Motion x Motion was made to schedule public Resub 861 All Aves bearing on April 25, 1988 on Resubdivision No. 861, 3841 Ocean Birch Drive, Spyglass Ridge area, and to receive and file the remaining items. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88-9, being, Ord 88-9 Penalties AN ORDINANCE OF THE CITY COUNCIL OF Dog Violtns THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTER 7.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PENALTIES FOR DOG VIOLATIONS, was presented with recycled report dated March 28, 1988, from the Assistant City Attorney. Motion x Motion was made to adopt Ordinance No. All Ayes 88-9. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding Harbor Perm HARBOR PERMIT APPLICATION NO. 0115-1014 Ap1iS0115- of Ben Bukewighe to build cantilevered 1014 Polari deck bayward of 1014 Polaris Drive, was Or presented. Recycled report from Marine Department, dated March 14, 1988, was presented. Report from Building Director, dated March 24, 1988, was presented. The City Manager summarized the subject reports, noting staff had contacted the State Lands Commission and was advised that construction of the proposed deck would violate terms of the tidelands trust. Staff is also concerned about setting a precedent if this application is approved. 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CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3131 December 20, 1990 Ms. Nancy Smith, Land Agent State Lands Commission 1807 13th Street Sacramento, CA 95814 Re: Harbor Permit Application No 9A)A_0"ir 1014 Polaris Drive, Newport Beach Residence Dear Ms. Smith: On August 1, 1989, I sent you a letter summarizing relevant events concerning Ben Bukewighe's application for permission to construct a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive in Newport Beach (Permit Application No. 0115-1014--copy of letter attached). Subsequent to writing this letter, I learned that the deck was constructed over County tidelands. We have asked the County to assign us the right to enforce the Tidelands Grant in this area, but they have been reluctant to give us permission and the County Counsel's office is unsure if they have the legal authority to do so. We are abandoning these efforts and turning to you for assistance. The City Council and City staff believe this deck constitutes a residential use of tidelands and we are concerned about the precedent it could set for other properties. We respectfully request the State Lands Commission to direct the Tidelands Grantee to take appropriate action as soon as possible. The County Department of Parks, Beaches and Recreation is familiar with the matter, but understandably believe other matters have a higher priority. The City has offered to defer resolution of building permit issues until the tidelands question is resolved. If the deck were not built over tidelands, the City would require structural calculations from an engineer and verification that the deck was built according to code. An as -built permit would be issued once the property owner paid double the normal fee. Please call me or the Tidelands Administrator (Tony Melum-- (714) 644-3044) if we can be of any assistance. RHB:kmc Mr. Tony Melum y yours, ty Attorney kw/bake.ltr 3300 Newport Boulevard, Newport Beach H. (Contd.) presented with recycled report dated March 28, 1988, from the Assistant City Attorney. (Attached) Full Vote(Maurer/ ------ Action: If desired, adopt Ordinance No. 88-9. Absent) I. CONTINUED BUSINESS: 1. Report from th', rding HARBOR PERMIT APPLICATION NO guild cantilevered deck bayward o Polaris Drive. (Attached) Recycled report from Marine Department, dated March 14, 1988. (Attached) Report from Building Director, dated March 24, 1988. (Attached) Afition• I l ny application for cantileveren zx� Full Vote-------------- Action: Deferred action to May 91 1988 until report from State Lands Commission is received. 2. Report from the City Attorney regarding CITY OF IRVINE REQUEST THAT NEWPORT BEACH JOIN IN LITIGATION CHALLENGING THREE COUNTY DEVELOPMENT AGREEMENTS. (Attached) Action: If desired, :7:�< Full Vote------------------------- (b) Disallow joining in the litigation. 3. Report from the Public Works Department concerning ACCESS TO PACIFIC COAST HIGHWAY FROM CALTRANS EAST PARCEL. (Attached) Report from Hoag Hospital. (Attached) Report from Robert Coles, architect and resident of Balboa Coves, regarding impacts from the proposed CalTrans East access to Pacific Coast Highway. (Attached) CITY OF NEWPORT BMACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 May 16, 1988 Mr. Ben Bukewighe 1014 Polaris Drive Newport Beach, CA 92658 Re: Harbor Permit Application No 0115-1014 Dear Mr. Bukewighe: On May 9, 1988, the City Council denied your application for permission to build a cantilevered deck bayward of the bulkhead at 1014 Polaris Drive. The decision of the Council was based upon the fact the proposed deck encroached over state tidelands and residential use of tidelands would violate terms of the tidelands trust. A portion of the deck has been constructed and we ask that you remove it within fifteen (15) days from the date of this letter. Recently, you, or your representative, suggested that the deck would not be removed, and, if this is the case, please advise so that we can commence appropriate legal action. Finally, removal of the deck is an issue separate from construction authorized by building permit. Construction authorized by permit will be processed according to normal rules and without regard to the cantilevered deck. Please call if you have any questions. truly yours, CI` Burnham Attorney RHB/jc cc: Mr. Raimar Schuller Mr. Robert Wynn Mr. Tony Melum 3300 Newport Boulevard, Newport Beach COUNCIL C._.'Y OF NEWPORT BE..CH MINUTES Motion All Ayes Motion All Ayes x x May 9, 1988 2 I was presented with report from Utilities Director, dated April 25, 1988. Motion was made to adopt Ordinance No. 88-11. Proposed ORDINANCE NO. 88-12, being, AN ORDINANCE OF THE CITY COUNCIL OF Nuis THE CITY OF NEWPORT BEACH AMENDING Abtn CHAPTER 10.50 OF THE MEWPORT BEACH (70) MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT, was presented with report from the Assistant City Attorney dated April 25, 1988. Motion was made to adopt Ordinance No. 88-12. CONTINUED BUSINESS: Report from the City Attorney regarding HARBOR PERMIT APPLICATION NO. 0115-1014 (BUREWIGHE) to construct a cantilevered deck over Tidelands, bayward of 1014 Polaris Drive, was presented. The City Clerk advised that after the agenda was printed, a letter was received from the State Lands Commission relative to the request to place a cantilevered deck over Tidelands. Brion Jeannette, architect for the project, addressed the Council and advised that he was aware of the aforementioned letter from the State Lands Commission. He indicated that a building permit had been issued for the deck and stated he brought with him the plans to substantiate same. He stated that the applicant was just "fulfilling" what he thought he could do until this became a "red -tag" issue. He submitted a petition signed by 13 residents in the immediate area of the applicant, supporting the request for a cantilevered deck over Tidelands. With regard to the letter from the State Lands Commission, Mr. Jeannette stated it was somewhat "awkward" in what the Commission was attempting to state, and therefore, he contacted Nancf Smith of the Commission in order to determine their position. He stated that it was , his interpretation from Ms. Smith that although the Commission does not have jurisdiction over this issue, they Volume 42 - Page 193 88-12 Harbor Perm Ap1iH0115- 1014 Polari: (51) 7101 761 aged - Z7 amnlOA '1T anoma3 03 1S03 TauoTITppe ag3 3no pa3uTod pue xaap aql UT palsaAuT ApeaaTu Aauom ;o lunome agl passnaeTp OH •sAvwaalun o3 se aTgsagpaTwoux Sou sum ag 3vg3 mTq pamao;uT aq anq 'mTq g1TM lsanbaa sTq ssnasTp pip IlluaTTdde aqa 3vg1 panels pue TTounoo aq3 passaappe 'aaaJjS aogaH 006 'aa;;oS PTS •Alaadoad s,pao;ualS •ag moll uaas aq Iouuea xoap aql 3vg3 pa3e3s osTe aH 'Pa33Tmaad Sou sum IT Iuam3avdaO guTPTTng aq3 Aq pamao;uT sew pue amog sTq ;o auoa; UT xaap paaanaTTluuo a aovTd oa oga amTl amos palsanbaa peg pao;ue3S 'a0 lvgl pa3e3s pun TTounoo aq3 passaappe '3uvaTTdde 'aATJa sTaaTod 7101 'aggTnaxng uag •aaluA agl ;o waTA STq ;o uoTlaod poog a ;o mTq aATadap PTnon xaap pasodoad aq3 lvga pue 3uvoTTddv aq3 oa 3uaou�pe SapTsaa aq lugl pa3e3s aH •xaap paaanaTTluva v ao; lsanbaa 0113 of uOT;Tsoddo uT TTounoO aq3 passaappe 'aATIO sTaaTod STOT 'p3o;ue3S PTauog •a0 •panssT uaaq aanau svq xaap paaanaTTluaa aq3 ao; ITmaad a lagl SUTSTApa 'gg6T '7Z gaaeH palaP 'ao3oal" SuTPTTng aq3 moa; mnpueaomam s paauaaa;aa 'xaap paaanaTTluva a113 ao; ITmaad guTPTTnq panoadda ua guTpaagaa a3lauuvap •aH Aq apem luama3u4s a 1001loa of 3dmal3v ue UT lagauvH AITO aql ,Aug aqa ;o xTnq aqI nano saanaona3s ao; SITMlad aogauq ;o aauenssT aq3 guTpavgaa AaTTod paldope s.AITO aql 113Tn Iua3sTsuoluT aq pTnow 3T 'ATPZT113 Pua :spuaTaPT.L 9q3 30 FIFO aq3 of aueag aq1 g3Tw asn aua3sTsuoo a aq Iou Know IT sTaa; uOTssT=OD 3143 'ATpuooas :guT33as-3uapaoaad aq pTnow mnmpufw AaaA a as suoTleaTTdmT aqI pue asn spueTapTy ;o uoT3VIOTA a aq PTnow IT 3Twad logaeq Ina Fgns aqI anoadde of aaan TTounoo 43TO aq3 ;T lag3 pa3u9mm03 'Tasun03 Tu291 uT;3oo ggnH •pallTmaad uaaq anuq sxoap paaanaTTluaa aaagn Avg aq3 uTgaTn suaae aaglo aaan aaagl paluaTPuT osTe g3TmS 'aH 3vg1 palvls OR 'ITmaad v anssT o3 aaaw AITO aq3 ;T 3snal OTTgnd aq3 ;o uoTIVTOTA UT aq PTnon 1T aAOTTaq 996T '6 AeH S31nNIW Sa38W3W 113Nnoo HOV:,_3 LHOdM3N 30 All MEMBERS Cl`, Y OF NEWPORT BEE,.:H MINUTES Motion x Ayes I x Noes x Motion Ayes x Noes x Motion All Ayes x May 9, 1988 Jack Brennan, contractor for the cantilevered deck, addressed the Council and stated that three building permits were issued for the following work at the subject location: 1) Remodeling addition; 2) 8 ft. front wall; 3) Rebuild 6 ft. wall on side of property and rear wall. Mr. Brennan stated that after the above permits were issued, an inspection was made of the completed work, and engineering was in existence for the cantilevered deck at that time. He stated he proceeded ahead with the deck, and it was then that they were "red -tagged" for not having a permit for the cantilevered deck. Council Member Turner noted that the plans shown him by Mr. Jeannette, architect for the project, did reflect a cantilevered deck, and therefore, motion was made to approve the subject permit. Council Member Maurer spoke against the motion, stating he felt such approval would set a precedent. The motion on the floor was voted on and FAILED. In view of the foregoing, motion was made to deny the subject permit. J. CURRENT BUSINESS: 1. Request from Norbert Bojarski to address the Council concerning alleged lack of enforcement of the City's Ordinance restricting door-to-door solicitation, was presented. Due to the lateness of the hour, Mr. Bojarski was not in attendance to address the Council, and therefore no action was taken. 2. Report from Executive Assistant to the City Manager regarding INSPIRATION POINT IMPROVEMENTS, was presented. Motion was made to accept and approve Negative Declaration and findings; conceptually approve design; and direct staff to obtain necessary permits and return to Council for approval of the final plans, specifications and estimates prior to advertising for bids. Volume 42 - Page 195 Harbor Perm Apli#0115- 1014 Bus Lic/ Door -to - Door Slctn (27) Inspiration It Impvms (62) S31nNIW SM39W3W 113Nnoz) HOVPq l8OdM3N d0 �L11 STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 (916) 323-7210 November 13, 1991 File Ref.: PRC 7552 G09-02.1 Ben Bukewinge 1014 Polaris Drive Newport Beach, California 92660 Dear Mr. Bukewinge: Enclosed are three copies of the Dredging Permit approved by the State Lands Commission on July 15, 1991. Please execute two copies of the permit and return them both to me at your earliest convenience. A fully -executed copy will then be returned to you for your records. Please take note that this permit for dredging does not in any manner constitute approval for any structure located on or over the lands granted by the Legislature to the County of Orange pursuant to Chapter 526, Statutes of 1919 as amended by Chanter 415, Statutes of 1975. The Legislative grant of tidelands to the County of Orange, restricts the use of the public trust lands for certain limited public trust purposes. Any development involving public trust lands additionally requires a permit from the California Coastal Commission (Public Resources Code Sections 30519(b) and 30601(2). The Staff of the State Lands Commission concurs with the notice from the County of Orange dated July 28, 1988 (enclosed) regarding the subject property. If you have any questions please contact me at the number or address above. Sincerely, Barbara Dugal, Land Agent Enclosures cc: Mark Sites Intracoastal Dredging Service P. O. Box 498 Balboa Island, California 92662 Orange County Environmental Management Agency Attn: Manager Public Property Permits P. 0. Box 4048 Santa Ana, California 92702-4048 Robert Burnham, City Attorney City of Newport Beach P. 0. Box 1768 Newport Beach, California 92659-1768 Toziy� Xelum, Marine Departmento City of Newport Beach P. O. Box 1768 Newport Beach, California 92659-1768 Curtis Fossum, Staff Counsel State Lands Commission TY O F A N G E ENVIRONMENTAL MANAGEMENT AGENCY REGULATION JUL 2 e 1988 Robert Williams Brion S. Jealnette 6 Associates Inc. 470 Old Neu -port Boulevard Newport Beach, California 92663 Dear Mr. Williams: ERNIE SCHNEIDER DIRECTOR, EMA KEN R. SMITH DIRECTOR OF REGULATION LOCATION: 12 CIVIC CENTER PLAZA - S-NTA ANA., CA '- MAILING ADDRESS: P.O. BOX xW SAN7A ANA, CA 9270210''•8 TELEPHDNE: .. - (714)83--2526 FILE 88-01646-HE T"is is in response to your letter of February 18, 1988 on behalf of X S M_rs. Ben Bukewinge, 1014 Polaris Drive, to construct a deck over County's Neu -port Beach Tidelands property. Your request has been reviewed by various divisions within this Agency with the determination that your proposal would not be consistent with the public's interests nor in compliance with accepted guidelines for County's Newport Tidelands property. Your request cannot be recommened for approval. As acknowledged some construction has taken place, any such encroachments must be removed to the satisfaction of EMA inspector. Please coordinate removal of unauthorized encroachments with Ed Williams of Harbors, Beaches 5 Parks Coastal Facilities at (714) 661-7013) Very truly yours, R. D. Burk, Manager Public Property Permits Division RBS:is cc: Mr. S Mrs. Ben Bukewinge Ed Williams, Reg. Fac. Ops. Tim Miller, Reg. Fac. Ops. CITY ur N'ewrerr B ,,R