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RESOLUTION NO. 2019-48 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, APPROVING THE <br />RESIDENTIAL DOCK RECONSTRUCTION PROJECT <br />(FILE NO. 2585-2018) AT THE PROPERTY LOCATED AT <br />939 VIA LIDO SOUD <br />WHEREAS, an application for an Approval in Concept ("AIC") was filed by Mark <br />Conzelman to remove the existing gangway and U -shape float and replace it with a new <br />gangway lobe, gangway and reconfigured U -shape float ("Project") at the property located <br />at 939 Via Lido Soud, City of Newport Beach, County of Orange, State of California <br />("Property"); <br />WHEREAS, Newport Beach Municipal Code ("NBMC") Section 17.50.030(B)(4) <br />requires City of Newport Beach Public Works Director to issue an AIC for all development <br />areas where the Coastal Commission retains coastal development permit authority; <br />WHEREAS, the Property is located within the coastal zone; <br />WHEREAS, on December 11, 2018, the Public Works Director determined the <br />Project did not comply with NBMC Section 17.35.030(A) and Council Policy H-1 (Harbor <br />Permit Policy) in that the reconfigured U -shape float (currently permitted to extend up to <br />the pierhead line) would extend 16 feet beyond the pierhead line; <br />WHEREAS, NBMC Section 17.65.010(A) authorizes appeal of the Public Works <br />Director's determination to the City of Newport Beach Harbor Commission by any <br />interested person; <br />WHEREAS, on December 13, 2018, Swift Slip Dock and Pier Builders, Inc., on <br />behalf Mark Conzelman ("Appellant"), filed a timely appeal of the determination with the <br />basis of the appeal, in pertinent part, being the following: the dock will accommodate the <br />applicant's larger vessel and most of the residential docks from 939 Via Lido Soud to Via <br />Waziers extend to the project line; <br />