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HomeMy WebLinkAbout29 - Transfer of Harbor Permit for Pier & FloatITEM 29 TO: Members of the Newport Beach City Council FROM: Tony Melum, Division of Harbor Resources SUBJECT: Application by Ronald Corradini For Transfer of the Harbor Permit for the Pier and Float Bayward of 1208,1210 So. Bay Front RECOMMENDED ACTION: Authorize the transfer of Harbor Permit #225 -1210 allowing Mr. Ronald Corradini s pier and float to remain on the bayward extension of the common property line between 1208 and 1210 South Bay Front. BACKGROUND: In August of 1977, the City Council approved a transfer of Harbor Permit #225 -1210, for the pier and float bayward of 1208 and 1210 South Bay Front on Balboa Island. The pier is on the bayward extension of the common property line between the two properties (please see Exhibit A) and has been permitted in this location since 1945. The Harbor Resources staff has consistently held that the pier and float rights associated with this location (between the two properties) are solely the rights of the owner at 1210 South Bay Front. This transfer in 1977 was before the City Council as required by then Section 28 of the Harbor Permit Policies, which stated: "28. ENCROACHING PIERS AND FLOATS: In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, sluill be required upon: 3.Any change in the existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. "' The 1977 City Council approved the transfer, subject to the following conditions: 1. That the owner of the property at 1208 South Bay Front submit a statement agreeing to the existing location and use of the pier and float (Exhibit B). 2 That the owner of 1210 South Bay Front submit a statement agreeing to the present arrangement and agreeing that, in the event that either property changes ownership, the permit will be reviewed by the City Council with the possibility that the structure and/or the permit may be required to conform to the Harbor Permit Policies (Exhibit C). In late 1994, the City became aware of a sale of the property at 1208 South Bay Front. That sale also triggers condition #2 of the Harbor Permit listed above, necessitating a review by the City Council. With that in mind, staff began the procedure to prepare a staff report to the City Council. On January 10, 1995, the City received a letter from the property owner at 1208 South Bay Front (Exhibit D). The letter requested that the City delay Council action on the pier permit until recontacted by the property owner at 1208 South Bay Front. Further conversations with the owner at 1208 indicated that some agreement had been reached between 1208 and 1210 and that he would not oppose a transfer to 1210. As a result, the City prepared a letter in February 2, 1995 (Exhibit E) stating our belief that the situation had been resolved and that the owner at 1208 was withdrawing his request to have City Council review the permit. The pier permit was transferred to Ms. Nellie Reeves of 1210 South Bay Front without additional conditions and the structure was allowed to remain on the bayward extension of the common property line between 1208 and 1210. Currently, the property at 1210 South Bay Front has sold again and the new owner is Mr. Robert Corradini. This change in ownership again triggers condition #2 that the permit be reviewed by the City Council. The options available to the City Council upon review are as follows: 1. To review the permit and take no further action, the permit would then be transferred to Mr. Corradini; or 2. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with the Harbor Permit Policies, which would necessitate its being moved in front of 1210, thereby eliminating the encroachment; or The City Council has complete discretion to choose either option 1 or 2. Issuance of a joint ownership permit, which requires agreement of the property owners, would also be an available option. However, Mr. Corradini has indicated that he is not interested in a joint ownership dock. Staff's recommendation in the past, where appropriate, would be to require conformance to the current Harbor Permit Policies unless there were extenuating circumstances. Conformance in this case would require that the pier and float be relocated from its current location between 1208 and 1210 to solely in front of 1210. Staff believes that relocation is not appropriate in this case because the pier and float have been permitted in this current location since 1945. Relocation would impact one, possibly two existing shore moorings and could affect patterns of beach use at this site. � �,•�, 3 D A r s��AN� I P�:sy W } 5 6 120E 1210 S041nv- /.* s e EXHIBIT A • M11 s . V}`111Mi,ti 5xUlc.2 Ntwaor S,;p ;aiWbrnld v C = w i SLWndin�n= sva en,rprsssQC+ws Fear- dn1 ,7 aeprns be /ow Mvm�► Lawcr ,tow wo SAr M @x, -.0,74r c.0 ride .agerzjr.1Ofi! ~� �� � GG ^,� SL/:.JCJ•lFA�O rJN�' J° %S_i a S ro s:/ S. s?.17 • -•� I , It I ,j y6 ' GiSplfJpN6riG .ia1E . •'� i Cf7Or ' .'iapical Pier :N .•r.Yp. XY� ~: �� . V}`111Mi,ti 5xUlc.2 Ntwaor S,;p ;aiWbrnld v C = w i SLWndin�n= sva en,rprsssQC+ws Fear- dn1 ,7 aeprns be /ow Mvm�► Lawcr ,tow wo SAr M @x, -.0,74r c.0 ride .agerzjr.1Ofi! ~� �� � GG ^,� SL/:.JCJ•lFA�O rJN�' J° %S_i a S ro s:/ S. s?.17 • -•� I , It I ,j y6 ' GiSplfJpN6riG .ia1E . •'� i Cf7Or ' .'iapical Pier :N Il�a�r. YY. •ti i'+�'w�nd lino h 7 -Z , n s1( in 1-,ir7F 14 F O p M •.lt l/t 17 �CLt. ' �Q�S. A,PO�FCT GiNE�� Aw4AN t 3sdo'hww�v . R% Z% rive _ t f� ,1 Proposed - Pierand Landing Pic Newp0r' 5ci r IWSw�Ort ©ri�G>1, (+1fli<<'� ✓an.2 /9++� L1 Cf7Or i } N[ :N 4 Z% rive _ t f� ,1 Proposed - Pierand Landing Pic Newp0r' 5ci r IWSw�Ort ©ri�G>1, (+1fli<<'� ✓an.2 /9++� L1 EXHIBIT B May 13, 1977 Mr. Glen E. Welden Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Welden: I am the owner of the property at 1208 South Bayfront, Balboa Island. I have been advised that the pier in front of 1210 South Bayfront is actually maintained under a variance because it does not conform to the five foot side yard requirement. This is to advise that I have no objection to the issuance of a permit to Mrs. Nellie A. Reeves for the maintaining of the pier in its present location. Very truly yours, Charle§N. Rubsamen (e I EXHIBIT C May 13, 1977 Mr. Glen E. Welden Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Welden: In support of my application of the transfer of the pier permit from the name of Leland Bolin to me, this is to advise that I understand that the new permit when issued will remain valid only as long as I or my neighbor at 1208 South Bayfront remain the owners of our respective properties. Upon the sale or other disposition of either property a new permit will be required. Sincerely, Nellie A. Reeves &S Lattl EXHIBIT D Li lc! -144 is /DAY T 4 v 04� All .... . . . .." ..Iqw O���W� @ • EXHIBIT E • CITY OF NEWPORT BEACH u z P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 low C9Ci FO P��P . February 2, 1995 Mr. Perry Grant 1208 South Bay Front Balboa Island, CA 92662 Re: Pier and Float Bayward of 1210 South Bay Front Dear. Mr. Perry: Based on our phone conversation of January 27,. 1995, it is my understanding that there has been a. resolution of the situation regarding the dock that is encroaching in -front of your property at 1208 South Bay Front, and at this point you are withdrawing your request :to have the City Council review the permit as required by an agreement signed by your predecessor. at 1208 and the current property owner at 1210 South Bay"Front. At this time, the Marine" Department will consider resolved, and if you should need additional assistance, questions, please contact me at (71&). 6'44 = 30.44... Sincerely, Tony MeZ Acting Marine Director Omjra=. it= jC: je-a" Warr 3300 Newport Boulevard, Newport Beach this manner or have any 0 Richard A. Higbie, Attorney at Law 333 marine avenue, p o box 328, balboa island ca 92662 phone (949) 673.7670 fax (949) 673.7673 oL� 0 City of NAAP�ort Beach Fire and Marine Division Post Office Box 1768 Newport Beach, CA 92658 -8915 GKIITEI KKD X PER 2NRIDIA x' 11 10:°' #2g-._ _..�,6'2. Re: New Permit for 1210 South Bay Front, Balboa Island Dear Sir: I represent Perry and Edith Grant who reside at 1208 South Bay Front, Balboa Island. They wish to object to the City granting a permit for a pier exclusively to the owner of 1210 South Bayfront which is abutting the Grant's property at 1208. The application requests exclusive use of that pier to the applicant owner of 1210 South Bay. Mr. and Mrs. Grant believe that when the pier was built on the property line between the properties, it was intended that pier be shared by both abutting property owners. They had unrestricted use of the pier in the past before this applicant purchased the property. The pier is on property of the City and the privilege to use a pier is set forth in the Harbor Permit Policy which does not allow a transfer of the permit, but a new permit. See paragraph 28. The impact of a pier on each of the abutting property owners is significant. Going back over arrangements long forgotten between the adjoining owners over the use of two abutting owners and their successors presents a number of problems impossible to settle by anyone at this time. The applicant has already painted out the 1208 address from the pier without any request to the Grants. The new permit must simply start from the day it is issued and provide for the arrangement set out in the Permit Policy in effect and regulating all the other piers on Balboa Island where the pier is a property line between the two upland property owners. A person with exclusive water rights in front of his neighbor's house has the right to put his big boat over there and limit the neighbor's rights to the swimming beach and his view of the bay. Y rn M U in w ® G V W Y ~ U711 �O LU N d S. U ti � June 22, 2001 oL� 0 City of NAAP�ort Beach Fire and Marine Division Post Office Box 1768 Newport Beach, CA 92658 -8915 GKIITEI KKD X PER 2NRIDIA x' 11 10:°' #2g-._ _..�,6'2. Re: New Permit for 1210 South Bay Front, Balboa Island Dear Sir: I represent Perry and Edith Grant who reside at 1208 South Bay Front, Balboa Island. They wish to object to the City granting a permit for a pier exclusively to the owner of 1210 South Bayfront which is abutting the Grant's property at 1208. The application requests exclusive use of that pier to the applicant owner of 1210 South Bay. Mr. and Mrs. Grant believe that when the pier was built on the property line between the properties, it was intended that pier be shared by both abutting property owners. They had unrestricted use of the pier in the past before this applicant purchased the property. The pier is on property of the City and the privilege to use a pier is set forth in the Harbor Permit Policy which does not allow a transfer of the permit, but a new permit. See paragraph 28. The impact of a pier on each of the abutting property owners is significant. Going back over arrangements long forgotten between the adjoining owners over the use of two abutting owners and their successors presents a number of problems impossible to settle by anyone at this time. The applicant has already painted out the 1208 address from the pier without any request to the Grants. The new permit must simply start from the day it is issued and provide for the arrangement set out in the Permit Policy in effect and regulating all the other piers on Balboa Island where the pier is a property line between the two upland property owners. A person with exclusive water rights in front of his neighbor's house has the right to put his big boat over there and limit the neighbor's rights to the swimming beach and his view of the bay. Page 21 Marine Department /Pier Permit June 22, 2001 Such a result will deny the attempts of the Council in their adoption in formulating the Harbor Permit Policy to prevent this problem. If the permit is issued jointly as it should be, each neighbor will have the control of his own access to the bay either by swimming or for a view. To vary from the established policy just to accommodate the owner of 1210 is not fair to the abutting owner at 1208. Since the pier cannot be transferred, the counsel must issue the new permit within the guidelines of the Policy in paragraph 15. There is presently an ideal situation with plenty of beaches and room for each owner to keep a permitted boat in front of his own home. The purpose of the new permit requirement is to bring uniformity and fairness to the use of the City property. All permit expense and permit obligations will be shared by the Grants. Respectfully, Richard A. Higbie encl: Portions of the Harbor permit policy H -1 27. RACE COMMITTEE PLATFORM Race committee platforms and instruction platforms may be constructed bayward of the bulkhead lines at recognized yacht clubs and recognized sailing schools. All work shall require issuance of a Harbor Permit. 28. ENCROACHING PIERS AND FLOATS In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, shall be required upon: 1. Any change in type of existing use of the piers and floats. 2. Any change in type of existing use of the abutting upland property owned by the permittee. 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. 4. Any destruction of the pier and float in which over 60% of the replacement value of the pier and float has been destroyed. Before the Fire and Marine Department acts on the new permit, the owner of the abutting upland property, in front of which the harbor facility encroaches, shall be notified in writing of the meeting in which the new permit will be considered. 29. PATIO DECKS areas where the waterways are privately owned, and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines subject to the following conditions: A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet. C. No float shall be permitted within 2 feet of the decks. 23 H -1 C. The decking of all piers and pier platforms shall not exceed an elevation of 9.0 M.L.L.W. nor be less than an elevation of 8.0 M.L.L.W. 15. JQJNT OWNERSHIP PIERS A. Permits may be granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: 1. No permits will be granted to persons other than the owners or long -term lessee of the abutting upland properties. 2. The permit application must be signed by the fee owners or long -term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the permit. B. The policy for set -backs applies to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line. 16. BULKHEADS A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would t preserve the design profile of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same manner as if it were on the bulkhead line. The Fire and Marine Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112 -109 not to exceed the bayward side of the "Vacated East Bay Avenue." U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Staff recommendation for a bulkhead at these properties shall not exceed a point bayward of the average high tide line 12 ` " c P,,2. ) RECEIVED June 25, 2001 '01 JUN 26 A9 50 Mr. Tony Melum Harbor Recourses Division Newport Beach OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH Re: 1210 South Bay Front, Balboa Island - - -- Status of Pier and Dock No. 225 -1210. My name is Frank Dore. I have known Mrs. Nellie Reeves since 1945. 1 married her daughter, Nelly, in 1946, and we are still married. Nelly Dore and her sister, Shirley Reeves, inherited 1210 South Bayfront and the pier and dock from their mother. They have since sold the home, including the pier and dock, to Mr. Ronald Corradini. Over the years, I helped Mrs. Nellie Reeves with some of her affairs, including matters related to the subject pier and dock. I have access to, and copies of, essentially all written material relating to the pier and dock, dating back to February 1977. The exclusive right of use of the pier and dock has always been only that of 1210 So. Bayfront. The permit has always been in the name of the property owner of 1210 So. Bayfront, including property owners of 1210 So. Bayfront, prior to Mrs. Nellie Reeves. A prior owner of 1208 So. Bayfront, Mr. Charles Rubsamen, stated in written form on May 13, 1977, that he had no objection to the issuance of the permit and maintaining the pier in its current location. In August of 1977, the City of Newport Beach authorized the transfer of the pier permit No. 225 -1210 to Mrs. Nellie Reeves at 1210 So. Bayfront. In late 1988, it was brought to my attention that the pier and dock had severe dry rot problems. Mrs. Nellie Reeves asked me to handle the repairs. The repair work, issued with a city permit, was done in early 1999. 1 personally made an extensive examination of the pier and dock. There was not, and never has been, any numbers on the pier indicating 1208. The repair work cost approximately $11,000, all of which was paid for by Mrs. Nellie Reeves. 100% of the maintenance of the pier and dock has always been paid for by 1210 So. Baysfront. There is water and electrical power on the pier, which is provided by 1210 So. Bayfront. All costs of said water and power have always been paid for exclusively by Mrs. Nellie Reeves. Regarding Mr. Grant's statement that he had "unrestricted use of the pier ", Mrs. Reeves was a very generous person, who allowed many of her friends to use the pier. As her son -in -law, I can state that Mrs. Nellie Reeves did not consider Mr. Grant as one of her friends and did not give Mr. Grant unrestricted use of the pier. k erely, 2x. Frank Dore Ne Iy D