HomeMy WebLinkAboutItem 2 - Bluewater GrillCITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. 2
September 16, 2009
TO: HARBOR COMMISSION
FROM: Harbor Resources Division (City Manager's Office)
Shannon Levin, (949) 644-3041
shannon@newportbeachca.gov
SUBJECT: Bluewater Grill, 630 Lido Park Drive —Harbor Permit Appeal
ISSUE:
In July 2009 City staff was notified that a shade structure was constructed on the patio /
pier of Bluewater Grill without prior approval and permits. According to the Harbor
Development Regulations no permanent structures are allowed on patios /piers,
therefore, the applicant was informed that Harbor Resources would not issue a Harbor
Permit. The applicant has appealed to the Harbor Commission to reconsider and issue
a permit for the shade structure.
RECOMMENDATION:
1. The Harbor Commission may approve the applicant's appeal and advise Harbor
Resources to grant a Harbor Permit for the structure.
2. The Harbor Commission may deny the applicant's request and require the
structure to be removed.
BACKGROUND:
In 1972 Harbor Permit 221 -632 was approved for the construction of a pier, 34' x 26',
with an 8'wide "L" shaped float bayward of the pier. The pier area is currently used as
an outdoor dining patio for the Bluewater Grill, and the walkway around the patio allows
access from Lido Park Drive across Bluewater Grill to the other local establishments on
the south side of the Rhine Channel.
In July 2009 the Harbor Resources Division was informed that a structure had been
constructed on the patio area of the Bluewater Grill, 630 Lido Park Drive. The structure
is an open air arbor with electrical utilities for patio heaters. The Building Department
required the unpermitted electrical component be removed immediately. The electrical
was disconnected.
Bluewater Grill Patio Structure
September 16, 2009
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The owner was advised by Harbor Resources that no permanent structure shall be
permitted on the projecting portion of the patio, NBMC 17.35.020C. Certain structures
are permitted such as dock boxes, railings not over 4 feet in height, and relative
appurtenances. The subject structure does not fall into any of the permitted categories.
Harbor Resources notified the applicant that a Harbor Permit would not be issued.
The applicant was advised that to obtain a permit the Harbor Resources decision must
be appealed to the Harbor Commission. The owner /applicant has appealed and
requests the Harbor Commission to decide in favor of a permit for the shade structure
and electrical utilities. Harbor Resources supports the applicant's request.
ENVIRONMENTAL REVIEW:
The Harbor Commission's approval of this item is categorically exempt from CEQA
under section 15301, Class 1, Existing Facilities.
"Class 1 consists of the operation, repair, maintenance, permitting, licensing, or
minor alternation of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination."
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M Brown Act (72 hours in
advance of the public meetings at which the Harbor Commission considers the item).
Prepared by:
Shannon Levin
Harbor Resources Supervisor
Attachments: photographs
Bluewater Grill Patio Structure
September 16, 2009
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Rluewatar Grill_ Patin StnicturP
Bluewater Grill Patio Structure
September 16, 2009
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RhIPXA /Ptpr(;rill Patin Ctriirtiirp
Bluewater Grill, Patio Structure
Bluewater Grill Patio Structure
September 16, 2009
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