HomeMy WebLinkAbout2014-05-28 GP-LCPIC Agenda Meeting PacketCommittee Members:
CITY OF NEWPORT BEACH
GENERAL PLAN/LCP
IMPLEMENTATION COMMITTEE
AGENDA
Newport Beach Civic Center - 100 Civic Center Drive
Newport Coast Meeting Room (Bay E, Second Level,
Room 2017)
Wednesday, May 28, 2014 - 12:30 PM
Edward Selich, Mayor Pro Tem (Chair)
Tony Petros, Council Member
Nancy Gardner, Council Member
Bradley Hillgren, Planning Commission Chair
Fred Ameri, Planning Commissioner
Jay Myers, Planning Commissioner
Michael Toerge, At -Large Member
Staff Members:
Kimberly Brandt, Community Development Director
Brenda Wisneski, Deputy Community Development Director
Patrick Alford, Planning Manager
Leonie Mulvihill, Assistant City Attorney
Daniel Campagnolo, Systems and Administration Manager
CALL MEETING TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
Minutes of April 23, 2014
Recommended Action: Approve April 23, 2014 Minutes (attached)
IV. CURRENT BUSINESS
a. Coastal Commission Update
Summary: An update on recent discussions with the Coastal Commission staff.
Recommended Action: Receive information; provide direction to staff.
b. Draft Implementation Plan
Summary: Harbor and Bay Regulations (continued discussion). Per the Committee's request, a
redline/strike-out version of the Title 17 (Harbor Code) is provided for comparison purposes; the
Harbor Resources Director will be present to discuss possible updates to the Harbor Code.
Recommended Action: Review draft chapter against redline/strike-out version of Harbor Code
(attached); provide direction to staff.
V. COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBER WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -DISCUSSION ITEM)
VI. PUBLIC COMMENT
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VII. NEXT MEETING
Wednesday, June 25, 2014, 12:30 p.m.
VIII. ADJOURNMENT
THIS COMMITTEE IS SUBJECT TO THE RALPH M. BROWN ACT. AMONG OTHER THINGS, THE BROWN ACT REQUIRES THAT THE
COMMITTEE'S AGENDA BE POSTED AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE OF EACH REGULAR MEETING AND THAT
THE PUBLIC BE ALLOWED TO COMMENT ON AGENDA ITEMS BEFORE THE COMMITTEE AND ITEMS NOT ON THE AGENDA BUT
ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMITTEE. THE COMMITTEE MAY LIMIT PUBLIC COMMENTS TO A
REASONABLE AMOUNT OF TIME, GENERALLY THREE (3) MINUTES PER PERSON.
IT IS THE INTENTION OF THE CITY OF NEWPORT BEACH TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA) IN ALL
RESPECTS. IF, AS AN ATTENDEE OR A PARTICIPANT AT THIS MEETING, YOU WILL NEED SPECIAL ASSISTANCE BEYOND WHAT IS
NORMALLY PROVIDED, THE CITY OF NEWPORT BEACH WILL ATTEMPT TO ACCOMMODATE YOU IN EVERY REASONABLE
MANNER. PLEASE CONTACT LEILANI BROWN, CITY CLERK, AT LEAST 72 HOURS PRIOR TO THE MEETING TO INFORM US OF
YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE (949)-644-3005 OR
CITYCLERK@NEWPORTBEACHCA.GOV).
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RECOMMENDED
ACTION:
ATTACHMENTS:
Minutes of April 23, 2014
Recommended Action: Approve April 23, 2014 Minutes (attached)
Description
Minutes of April 23, 2014
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City of Newport Beach
General Plan/LCP Implementation Committee Minutes
Date: April 23, 2014
Location: Newport Beach Civic Center — 100 Civic Center Drive
Newport Coast Meeting Room (Bay E, Second Level, Room 2017)
Members Nancy Gardner, Council Member; Tony Petros, Council Member;
Present: Fred Ameri, Planning Commissioner; Bradley Hillgren, Planning
Commission Chair; and Michael Toerge, Member -At -Large
Members Absent: Edward Selich, Mayor Pro Tem (Chair)
Staff: Kimberly Brandt, Community Development Director; Brenda
Wisneski, Deputy Community Development Director; and Patrick
Alford, Planning Manager
Public: Jim Mosher, Jerry King, Don Schmitz and Dianne Dixon
1) CALL MEETING TO ORDER
The meeting was called to order at approximately 12:35 pm.
2) ROLL CALL
Acting Chair Gardner noted that Council Member Selich was absent
3) APPROVAL OF MINUTES
The minutes of the March 27, 2014, meeting were approved by a vote of 4-0 with Council
Member Petros abstaining.
4) CURRENT BUSINESS
A. Coastal Commission Update
Planning Manager Patrick Alford summarized a conference call with California Coastal
Commission (CCC) staff on April 21, 2014. He stated that they discussed the continuation of
Categorical Exclusion Order E-77-5 (Cat Ex) after the certification of the Local Coastal Program.
He noted that CCC staff suggested granting coastal development permit (CDP) waivers rather
than continuing the Cat Ex. He then directed the Committee to a summary of waivers granted
by the CCC over the past six months. He pointed out that CCC staff was more interested in
landscaping and water quality design features than impacts to access, views, or resources. He
suggested that incorporating such design requirements into the Implementation Plan may allow
the Cat Ex to be expanded to include developments with FARs higher than 1.5, Planned
Communities and gated communities, and multi -family areas.
General Plan/LCP Implementation Committee
April 23, 2014, Minutes
Page 2
A discussion ensued on current City requirements and the areas that would be problematic,
such as the canyons and Irvine Terrace.
In response to a question from Mr. Jim Mosher, Mr. Alford responded that the CCC did not
impose landscaping or water quality conditions; rather, they noted that those features were
provided in the plans. Director Kimberly Brandt elaborated on the approval in concept/CDP
process.
B. Draft Implementation Plan
Mr. Alford presented proposed Implementation Plan Chapter 21.30C (Harbor and Bay
Regulations).
In response to questions from Council Member Gardner and Committee Member Toerge,
Kimberly Brandt explained how this chapter and the Implementation Plan may be reviewed by
the Harbor Commission.
Mr. Alford explained that Chapter 21.30C translates sections from Title 17 (Harbor Code) that
are needed to implement Coastal Land Use Plan (CLUP) policies.
Council Member Gardner and Committee Member Toerge requested a redline/strike-out version
to assist the Committee in reviewing the document.
Mr. Alford summarized Chapter 20.30C section by section and responded by sections.
A discussion ensued on the language and terms used in Section 20.30C.030.13 (General
Provisions).
A discussion ensued on Section 21.30C.040 (Vessel Berthing and Storage). Committee
Member Toerge advocated including language on safety considerations.
The Committee discussed the option of using this as an opportunity to update and revise the
Harbor Code.
The Committee made the following comments:
• Clarify the language in Section 20.30C.020
• Revise Section 21.30C.030 to provide better direction to applicants
• Double-check Section 21.30C.050.0 against the HAMP
• Add diagrams and definitions where appropriate
• Clarify Section 21.30C.050.F.3.b
• Section 21.30C.050.F.5 provide examples
• Section 21.30C.050.G; provide definition for "floating dry docks" and unclassified zones
• Clarify "behind" and "landward" in Section 21.30C.050.F
• Section 21.30C.060.C.1, identify the department
• Section 21.30C.070.C.3 remove "encourage"
Mr. Don Schmitz suggested that the City investigate the use of a port master plan for the harbor
to transfer additional permit authority to the City.
General Plan/LCP Implementation Committee
April 23, 2014, Minutes
Page 3
Council Member Petros left at 1:43 pm.
Mr. Mosher commented on past areas of confusion and ambiguity with the Harbor Code.
A discussion ensued on how the Implementation Plan will fit in the current harbor permitting
process.
5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -
DISCUSSION ITEM)
None.
6) PUBLIC COMMENTS
None.
7) NEXT MEETING
Wednesday, May 28, 2014, at 12:30 p.m.
8) ADJOURNMENT
The meeting adjourned at approximately 1:43 p.m.
Edward Selich, Chair
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ITEM TITLE: Draft Implementation Plan
ITEM SUMMARY: Summary: Harbor and Bay Regulations (continued discussion). Per the
Committee's request, a redline/strike-out version of the Title 17 (Harbor
Code) is provided for comparison purposes; the Harbor Resources
Director will be present to discuss possible updates to the Harbor Code.
RECOMMENDED Recommended Action: Review draft chapter against redline/strike-out
ACTION: version of Harbor Code (attached); provide direction to staff.
ATTACHMENTS:
Description
Chapter 21.30C - Draft 4
Title 17 Redline
Title 17 Definitions
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Chapter 21.30C — Harbor and Bay Regulations
Sections:
21.30C.010
Purpose
21.30C.020
Applicability
21.30C.030
General Provisions
21.30C.040
Vessel Berthing and Storage
21.30C.050
Harbor Development Regulations
21.30C.060
Harbor Development Permits
21.30C.070
Dredging Permits
21.30C.010 — Purpose
This Chapter provides regulations and procedures for development and uses within the Harbor
and other tidelands and submerged lands.
21.30C.020 — Applicability
This Chapter applies to and within Newport Harbor and all tidelands and submerged lands under
the jurisdiction of the City of Newport Beach, except where otherwise provided in this Chapter.
21.30C.030 — General Provisions
A. Establishment of Channels and Harbor Lines. All channels, turning basins,
anchorage areas, and Project, Pierhead, and Bulkhead Lines in Newport Harbor shall be
as established by the Federal Government or by the City Council upon recommendation of
the Harbor Commission. A map thereof shall be kept on file in the offices of the City Clerk
and the Harbor Resources Division for public inspection.
B. Review of Applications.
Harbor development permit applications shall be reviewed to insure conformity
with the policies and regulations of the certified Local Coastal Program.
2. All uses of the marine environment shall be carried out in a manner consistent with
sustaining the biological productivity of coastal waters and to support populations
of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.
3. Where applicable, development in Newport Harbor shall:
a. Protect, and where feasible, expand and enhance vessel -launching
facilities in Newport Harbor.
b. Protect, and where feasible, expand and enhance low-cost public
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-1
118
launching facilities, such as trailer launch ramps, boat hoists, commercial
landing facilities, launch sites, and organized recreational boating launch
facilities.
C. Provide a variety of berthing opportunities reflecting State and regional
demand for slip size and affordability throughout Newport Harbor.
d. Protect, and where feasible, enhance and expand marinas and dry boat
storage facilities.
e. Protect shore moorings and offshore moorings as an important source of
low-cost public access to the water and harbor.
Protect, and where feasible, enhance and expand dinghy docks and guest
docks at public facilities, yacht clubs and at privately owned -marinas,
restaurants and other appropriate locations.
g. Protect, and where feasible, expand and enhance facilities and services for
visiting vessels, including public mooring and docking facilities, dinghy
docks, guest docks, club guest docks, pump -out stations and other
features, through City, County, and private means.
h. Protect, and where feasible, expand and enhance facilities necessary to
support vessels berthed or moored in the harbor, such as boat haul out
facilities.
Protect, and where feasible, expand and enhance existing harbor support
uses serving the needs of existing waterfront uses, recreational boaters,
the boating community, and visiting vessels. In considering the essential
nature of land uses that support the harbor, consider whether or not such
support uses can be relocated to inland locations and/or if technological
advances will eliminate the need such support uses in the foreseeable
future.
Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not
provided by the public sector and that are essential to the operation of a
harbor.
Provide, expand and enhance, where feasible, existing recurring and year
round harbor special permits and special purpose uses such as boat shows
and boating festivals, boat sales displays and delivery / commissioning
facilities.
C. Public Trust Lands.
Applicability. Public Trust Lands include tidelands, submerged lands, the beds
of navigable lakes and rivers, and historic tidelands and submerged lands that are
presently filled or reclaimed and which were subject to the Public Trust at any time.
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-2
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2. Limits On Uses. Public Trust Lands are subject to the Common Law Public
Trust, which limits uses to navigation, fishing, commerce, public access,
water -oriented recreation, open space and environmental protection.
3. Exceptions to Land Use Limits. State legislation has modified public trust
restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and
Harbor Island.
a. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of
Beacon Bay located within State tidelands to be leased for residential
purposes until June 27, 2043.
b. Balboa Bay Club. The Beacon Bay Bill (Chapter 74 of the Statutes of
1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel
D of the Balboa Bay Club to be leased for residential purposes until
December 31, 2044.
C. Harbor Island. Chapter 715, Statutes of 1984 allow the filled or
reclaimed land on Harbor Island to be leased for non -permanent
recreational and landscaping purposes.
4. Leases. The following restrictions shall apply to leases of public trust lands:
a. Land Use. Land uses shall be consistent with the public trust land use
restrictions and subsection (C) of this section. Priority shall be given to the
provision of coastal -dependent uses.
b. Public Access. Public access shall be provided in a manner consistent
with Chapter 21.30A (Public Access and Recreation).
C. Revenue. Rent under this section shall be based upon fair market value,
as determined by the City Council. Such determination shall be based, in
part, upon the findings of a City -selected appraiser.
21.30C.040 Vessel Berthing and Storage
A. Anchorage and Mooring Location. No person having charge of any vessel shall berth
or anchor the same in Newport Harbor except within the designated areas. In the
designation of mooring areas and anchorage areas, consideration shall be given to the
needs of commerce, the utilization of turning basins, the use of channels for navigation,
and the economy of space.
B. Berthing.
1. Boats berthed at private or public piers shall not extend beyond the projection of
the property lines of the property to which the pier is connected in accordance with
Section 21.30C.050 (E).
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-3
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2. Any boat berthed at a pier or slip shall not extend bayward a distance of more than
the maximum width of its beam beyond the end of the pier, or slip. Between
Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats
moored at a pier or slip shall not extend more than fifteen (15) feet bayward from
the end of the pier or slip or more than the width of the beam of the boat, whichever
is less.
C. Permit Required. No person shall place, erect, construct or maintain moorings or buoys
in the waters of Newport Harbor over City -owned or controlled tidelands without first
having obtained a mooring permit. No person shall place, erect, construct or maintain a
pier mooring or buoy in the waters of Newport Harbor over City -owned or controlled
tidelands without first having obtained a permit pursuant to this Chapter.
D. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a
current and valid permit therefore, except with the permission of the Harbor Resources
Manager for temporary use, as herein provided.
E. Vessel Condition. Vessels assigned must be maintained in an operable and seaworthy
condition.
21.30C.050 — Harbor Development Regulations
A. Protection of Coastal Access and Resources. All harbor structures, including
remodels of and additions to existing structures, shall be designed and sited so as not to
obstruct public lateral access and to minimize impacts to coastal views and coastal
resources.
B. Appearance. All structures permitted to encroach into open coastal waters, wetlands,
and estuaries shall be designed and sited to harmonize with the natural appearance of the
surrounding area.
C. Eelgrass Protection. The use of materials in pier and dock construction design,
materials and methods shall consider minimal impacts to eelgrass and marine habitat.
D. Docking Facilities. Docking facilities shall be designed and sited in relationship to the
water's depth and accessibility.
E. Pollution Control. The permittee shall maintain the area delineated on the harbor
development permit free and clear from beached or floating rubbish, debris or litter at all
times. Adequate safeguards shall be maintained by the permittee to avert any other type
of pollution of Newport Harbor from recreational and/or commercial use of the tidelands.
F. Piers.
Limits on Use. Only piers, floats and patio decks and their appurtenances
pursuant to subsection (F) (4) of this section shall be permitted bayward of the
bulkhead.
2. Street Ends. No private piers shall be permitted at street ends.
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-4
3. Setbacks.
a. All piers and slips for residential properties shall be set back a minimum of
five feet from the prolongation of the property line.
b. With the prior approval of the City, piers and slips for commercial properties
may extend past the prolongation of the property line.
C. The prolongation of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable setbacks for
piers and slips. Because there are certain physical conditions which
preclude the strict application of this policy without prejudice to adjoining
properties, special consideration will be given to areas where precise
prolongation of the property line has not been determined and the following
conditions exist:
(1) Where property lines are not approximately perpendicular to the
bulkhead line;
(2) Where curves or angles exist in the bulkhead line;
(3) Where bridges, topography, street ends or publicly owned facilities
adjoin the property.
d. Setbacks apply to joint ownership piers with the exception that the slips,
floats and piers may extend over the common property line.
4. Joint Ownership. Permits may be granted for joint ownership piers at the
prolongation of common lot lines. The permit for joint ownership piers 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.
5. Patio Decks. Patios are not permitted to extend over the waters of Newport
Harbor unless the waters are adjacent to the upland property and outside the
areas described in the tidelands trust, and provided the patio complies with the
following conditions:
a. The maximum projection of patio decks encroachments beyond the
bulkhead line shall be limited to five feet.
b. The minimum setbacks from the prolongations of the side property lines
shall be five feet.
C. No float shall be permitted within one foot of the decks.
d. No permanent structure shall be permitted on the projecting portion of the
patios except:
(1) Planters and benches not over sixteen (16) inches in height;
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-5
1,52
(2) Railings not over forty-two (42) inches in height with approximately
ninety-five (95) percent open area.
e. A harbor and building permit has been obtained.
6. Storage Lockers. Storage lockers and boat boxes may be installed on
shore -connected piers and floats subject to the following limitations:
a. The overall height shall not exceed thirty (30) inches when located bayward
of residential property zones.
b. The overall height shall not exceed thirty (30) inches when located bayward
of commercial and industrial property zones where the piers and floats are
used primarily for the mooring of pleasure boats.
G. The overall height shall not exceed sixty (60) inches when located on
facilities bayward of commercial and industrial zoned property where the
use is not primarily for the mooring of pleasure boats.
d. The overall height shall be measured from the deck of the pier or float to the
top of the storage locker and overall height to include the enclosed portion
of the locker or box.
F. Other Structures.
Race Committee Platforms. Race committee platforms and instruction platforms
may be constructed bayward of the bulkhead line at recognized yacht clubs and
recognized sailing schools. All work shall require issuance of a Harbor
Development Permit.
2. Floating Dry Docks. Permits for floating dry docks may be approved by the
Harbor Resources Division, subject to the following conditions:
a. The location is in waters bayward of commercial, manufacturing or
unclassified zones;
b. The prior approval of a Harbor Use Permit by the Harbor Commission;
C. Permits for floating dry docks are issued for one location only. A new permit
must be obtained to move a floating dry dock from one location to another
location within the harbor.
G. Bulkheads.
All bulkheads in residential districts shall be installed on the established bulkhead
line or at a location behind the bulkhead line that would 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 establishment of bulkhead lines does not necessarily allow the property
owner to build to the limits of the bulkhead line, due to the potential environmental
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-6
1613
considerations established by the State of California and/or the Federal
Government.
The Harbor Resources Division may approve bulkheads located between U.S.
Bulkhead Station Nos. 112 and 109, not to exceed the bayward side of the
"Vacated East Bay Avenue." U.S. Bulkhead Station No. 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 established at a point forty (40) feet landward of the face of the bulkhead at
the property at 2137 Bayside Drive, and then on a straight line from that point to the
bayward most point of the bulkhead at the property at 2301 Bayside Drive.
2. Bulkheads shall be designed and sited to protect the character of the existing
shoreline profiles and avoid encroachment onto public tidelands.
3. Maintenance or replacement of existing bulkheads is permitted when expansion or
encroachment into coastal waters is limited to the minimum extent necessary to
repair, maintain, or replace an existing bulkhead and the backfill is not used to
create new usable residential land areas.
21.30C.060 — Harbor Development Permits
A. Application. The application and plans and specifications shall be reviewed by the
Harbor Resources Division and Building Division to determine whether the proposed work
meets all the requirements of this Implementation Plan and any standards and policies
adopted by the City Council for such construction or work.
B. Approval by Other Agencies.
Coastal Commission. Proof of prior approval, when applicable, from the
California Coastal Commission shall be required before issuing any permit.
2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of
Engineers will be required.
3. County of Orange. Proof of prior approval of the County of Orange will be
required when work extends over County tidelands.
4. Approval in Concept. All development in areas where the Coastal Commission
retains coastal development permit authority shall require an approval in concept
pursuant to Section 21.52.040 (B) prior to application to the Coastal Commission.
C. Rendering of Decision.
Approval. The Department is authorized to approve and issue new permits and
revisions to existing permits that conform to the design criteria and all applicable
standards and policies in conjunction with plan reviews by the Harbor Resources
Division.
2. The application shall be denied if:
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-7
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a. The application does not conform to the provisions of this Implementation
Plan; or
b. The proposed application is likely to create navigational congestion, or
otherwise interfere with the rights of other harbor permittees within Newport
Harbor, or other oceanfront property owners.
C. The proposed application does not conform to the policies and regulations
of the certified Local Coastal Program.
D. Permit Conditions.
In granting any such application, the Harbor Resources Manager shall issue the
permit to the owner or long-term lessee of the abutting upland property and may
impose conditions in the permit which are deemed necessary to protect
commerce, navigation or fishing, or the use, operation or development of Newport
Harbor.
2. When appropriate where projects involve construction on or near the waterway,
eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be
required as a condition of City approval of projects in the Newport Bay. The
Southern California Caulerpa Action Team (SCCAT) shall be immediately notified
if Caulerpa taxifolia is found.
21.030C.070 — Dredging Permits
A. Permit Required.
Dredging bayward of residential and commercial property shall be the
responsibility of the harbor permittee for the area delineated by the bayward
prolongations of upland side property lines and the U.S. project line. All such
dredging will require a dredging permit from the Harbor Resources Division and
other agencies with jurisdictional authority and may be subject to engineering
approval by the Public Works Department.
2. Dredging outside the established harbor lines will require prior approval by the
Harbor Resources Division and the U.S. Army Corps of Engineers.
B. Required Materials. Applications shall be accompanied by all plans, maps, and other
materials required by the prescribed forms, unless specifically waived by the Harbor
Resources Manager. Applications shall include the following:
Authorization to proceed from the Coastal Commission and the U.S. Army Corps
of Engineers;
2. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys;
3. Grain size analysis;
4. Identification of the dredge disposal site and dredge quantities;
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-8
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5. Any other materials the Harbor Resources Manager deems necessary to support
the application.
C. Limits on Development. Development involving the diking, filling, or dredging of open
coastal waters, wetlands, or estuaries shall only be permitted under the following
circumstances:
1. Only if there is no feasible, less environmentally damaging alternative.
2. If there is no feasible, less environmentally damaging alternative, mitigation
measures shall be provided to minimize adverse environmental effects.
3. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse
effects on the environment.
The permittee shall be encouraged to work with the City in making sure materials
are available for harbor beach replenishment.
4. Diking, filling or dredging projects shall sustain the functional capacity of the
wetland, or estuary. In order to establish that the functional capacity is being
maintained, the applicant must demonstrate all of the following:
a. That the project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long-term
stability of the ecosystem; i.e., natural species diversity, abundance, and
composition are essentially unchanged as a result of the project;
b. That the project does not harm or destroy a species or habitat that is rare or
endangered;
C. That the project does not harm a species or habitat that is essential to the
natural biological functioning of the wetland or estuary;
d. That the project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or nonconsumptive (e.g., water quality and
research opportunity) values of the wetland or estuarine ecosystem.
5. Dredging and dredged material disposal shall avoid significant disruption to marine
and wildlife habitats and water circulation.
C. Limits on Development and Uses. Development involving diking, filling, or dredging of
open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the
Section 30233 of the California Public Resources Code (Coastal Act) and Section
21.30B.040 (Allowed Activities and Uses).
Newport Beach LCP Implementation Plan — Draft 4
Page 21.30C-9
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Chapter 17.01 DEFINITIONS
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Chapter 17.01 DEFINITIONS
Page 9/75
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Chapter 17.01 DEFINITIONS
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Chapter 17.01 DEFINITIONS
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Chapter 17.05 GENERAL PROVISIONS
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Chapter 17.05 GENERAL PROVISIONS
Page 16/75
21.30C.010 — Purpose
This Chapter provides regulations and procedures for development and uses within the Harbor
and other tidelands and submeraed lands.
21.30C.020 — Applicability
This Chapter applies to and within Newport Harbor and all tidelands and submerged lands under
the jurisdiction of the City of Newport Beach, except where otherwise provided in this Chapter.
21.30C.030 — General Provisions
17.00-A Establishment of Channels, Turning Basins, Etc.
All channels, turning basins, anchorage areas, and pierhead and bulkhead lines in
Newport Harbor shall be as established by the Federal Government or by the City Council
upon recommendation of the Harbor Commission. A map thereof shall be kept on file in
the offices of the City Clerk and the Harbor Resources Division for public inspection. -(9r.
2013_9 '1�5 2013: Ord x008-2 § 1 (part)
X05 -080-C. Public Trust Lands.
Al. Applicability. Public trust lands include tidelands, submerged lands, the beds
of navigable lakes and rivers, and historic tidelands and submerged lands that are
presently filled or reclaimed and which were subject to the public trust at any time.
92. Limits on Uses. Public trust lands are subject to the common law public trust,
which limits uses to navigation, fishing, commerce, public access, water -oriented
recreation, open space and environmental protection.
S3. Exceptions to Land Use Limits. State legislation has modified public trust
restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor
Island.
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21.30C.020 — Applicability
This Chapter applies to and within Newport Harbor and all tidelands and submerged lands under
the jurisdiction of the City of Newport Beach, except where otherwise provided in this Chapter.
21.30C.030 — General Provisions
17.00-A Establishment of Channels, Turning Basins, Etc.
All channels, turning basins, anchorage areas, and pierhead and bulkhead lines in
Newport Harbor shall be as established by the Federal Government or by the City Council
upon recommendation of the Harbor Commission. A map thereof shall be kept on file in
the offices of the City Clerk and the Harbor Resources Division for public inspection. -(9r.
2013_9 '1�5 2013: Ord x008-2 § 1 (part)
X05 -080-C. Public Trust Lands.
Al. Applicability. Public trust lands include tidelands, submerged lands, the beds
of navigable lakes and rivers, and historic tidelands and submerged lands that are
presently filled or reclaimed and which were subject to the public trust at any time.
92. Limits on Uses. Public trust lands are subject to the common law public trust,
which limits uses to navigation, fishing, commerce, public access, water -oriented
recreation, open space and environmental protection.
S3. Exceptions to Land Use Limits. State legislation has modified public trust
restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor
Island.
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
S �2
Newport Beach Municipal Code Page 17/75
Chapter 17.05 GENERAL PROVISIONS
4-a. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of Beacon Bay
located within State tidelands to be leased for residential purposes until June 27, 2043.
2-b. Balboa Bay Club. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of the Balboa Bay
Club to be leased for residential purposes until December 31, 2044.
-3c. Harbor Island. Chapter 715, Statutes of 1984, allows the filled or reclaimed
land on Harbor Island to be leased for nonpermanent recreational and landscaping
purposes. (Ord. 008.2 § 1 (part), 20097
17-.05.090-8. 1 Dial Coastal DrogrReview of Applications.
qn;�„ro+;�,,,n, Harbor development permit applications shall be reviewed to
insure conformity with the policies and regulations of the certified Local Coastal Program.
B. All uses of the marine environment shall be carried out in a manner consistent
with sustaining the biological productivity of coastal waters and to support populations of
all species of marine organisms adequate for long-term commercial, recreational,
scientific, and educational purposes.
C. Where applicable, development in Newport Harbor shall:
1. Protect, and where feasible, expand and enhance vessel -launching facilities
in Newport Harbor;
2. Protect, and where feasible, expand and enhance low-cost public launching
facilities, such as trailer launch ramps, boat hoists, commercial landing facilities, and
organized recreational boating launch facilities;
3. Provide a variety of berthing opportunities reflecting State and regional
demand for slip size and affordability throughout Newport Harbor;
4. Protect, and where feasible, enhance and expand marinas and dry boat
storage facilities;
5. Protect shore moorings and offshore moorings as an important source of
low-cost public access to the water and harbor;
6. Protect, and where feasible, enhance and expand dinghy docks, guest
docks at public facilities, yacht clubs and at privately owned marinas, restaurants and
other appropriate locations;
7. Protect, and where feasible, expand and enhance facilities and services for
visiting vessels, including public mooring and docking facilities, dinghy docks, guest
docks, club guest docks, pumpout stations and other features through City, County, and
private means;
8. Protect, and where feasible, expand and enhance facilities necessary to
support vessels berthed or moored in the harbor, such as boat haul -out facilities;
9. Protect, and where feasible, expand and enhance existing harbor support
uses serving the needs of existing waterfront uses, recreational boaters, the boating
community and visiting vessels;
10. Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not provided by the
public sector and that are essential to the operation of a harbor;
11. Provide, expand and enhance, where feasible, existing recurring and
year-round harbor special permits and special purpose uses such as boat shows and
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
333
Newport Beach Municipal Code Page 18/75
Chapter 17.05 GENERAL PROVISIONS
boating festivals, boat sales displays and delivery/commissioning facilities. (Ord. n�2-
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Chapter 17.10 MARINE ACTIVITIES PERMIT
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Chapter 17.10 MARINE ACTIVITIES PERMIT
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Chapter 17.10 MARINE ACTIVITIES PERMIT
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Chapter 17.10 MARINE ACTIVITIES PERMIT
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Page 25/75
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Chapter 17.20 VESSEL LAUNCHING AND
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Chapter 17.20 VESSEL LAUNCHING AND
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Newport Beach Municipal Code Page 29/75
Chapter 17.25 BERTHING, MOORING AND
STORAGE
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Chapter 17.25 BERTHING, MOORING AND
STORAGE
Page 30/75
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�1�5.020 Anchorage, Berthing and Mooring Regulations21.30C.040 — Vessel
Berthing and Storage.
A. Anchorage and Mooring Location. No person having charge of any vessel shall
berth or anchor the same in Newport Harbor except within the designated areas. Any
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
5646
Newport Beach Municipal Code Page 31/75
Chapter 17.25 BERTHING, MOORING AND
STORAGE
vessel which is berthed, moored or anchored at a place not designated for such vessel
shall be moved as directed by the Harbor Resources Manager. In the designation of
mooring areas and anchorage areas, consideration shall be given to the needs of
commerce, the utilization of turning basins, the use of channels for navigation, and the
economy of space. No vessels shall he moored or annhored in any part of any turning
basin OF Ghannel unless SeG61red both foFe and aft GXGept as pFevided in subseGtOGR (1) Of
this sen+inn Every vessel moored or anGhored in any pert of the harbor outs of any
WFRiRg basin OF Ghannel shall be so moored oF aRGheFed as to PFeVeRt GIAGh vessel fFE)M
s\nilnolno or drifting into any turning basin or Ghannel
f leasing,
9GGWPyiRg OFarge or possession of any vessel to: (a) berth or anGhor the sarne On Newport
-XGept within the d86igRated or (b) aRGhE)F a vessel at any lE)GatiGR On the -
1
open waters of the Danifin Ocean within five hundred (500) yards of a designated
hours within any thirty (30) GaIeRdar day peried. The Harbor ReseurGes Manager or his or
her designee may authorize an extension to the seventy twe (72) hour tome 10111" .1..
Harbor ReseurGes Manager determines that given the paFtiGLAIaF GiFGUmstaRGes an
extension of time is reasonable and warranterd
2 Any vessel Vfhi is berthed, moored or an Newport I-Ic Hafwr
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not designated for s-11 shall be me ed as diFeGted by the Harbor ReSOUFG86
Manager. In the designation Of MeOFORg areas and anGherage areas OR Newport Harber.-
GORsideratien shall be giVeR to the needs of GE)MM8FGe, the utilization of t6IFRiRg
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the use of nhannels for navigation andanthe enopeMy of spa` e
D. Apppl•i ation of GhapteF. The terms of this Ghapterr, a�relate +e moorings and
buoys, shall apply to Is 11
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whiGh are MOeriRgS IGGated landward of the
pierhead line and to asoffshore 11
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S -B. Berthing.
1. Boats berthed at private or public piers shall not extend beyond the
projection of the property lines of the property to which the pier is connected in
accordance with Section 2021.030C.O5O (E).
2. Any boat berthed at a pier or slip shall not extend bayward a distance of
more than the maximum width of its beam beyond the end of the pier, or slip. Between
Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats
moored at a pier or slip shall not extend more than fifteen (15) feet bayward from the end
of the pier or slip or more than the width of the beam of the boat, whichever is less.
8C. Permit Required. No person shall place, erect, construct or maintain a pier
mooring or buoy in the waters of Newport Harbor over City -owned or controlled tidelands
without first having obtained a permit pursuant to this 4 e Chapter.
€D. Unauthorized Use of Mooring. No person shall use a mooring unless he holds
a current and valid permit except with the permission of the Harbor Resources Manager
for temporary use, as herein provided.
F. Chains and Fastenings.
1 . No person pov�ur•t or maintain anyn� oring in Newport Harhnr
unless all GhaiRs and fastenings are of SUffiGient size to stand a breaking strain of at least
six times the weight of the moorino ""
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
5-47
Newport Beach Municipal Code Page 33/75
Chapter 17.25 BERTHING, MOORING AND
STORAGE
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Chapter 17.25 BERTHING, MOORING AND
STORAGE
Page 35/75
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 36/75
Chapter 17.30 HARBOR USE REGULATIONS
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Chapter 17.30 HARBOR USE REGULATIONS
Page 37/75
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The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
5:�653
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 38/75
21.30C.050 - Harbor Development Regulations
€A. Protection of Coastal Access and Resources. All harbor structures, including
remodels of and additions to existing structures, shall be designed and sited to current
standards so as not to obstruct public lateral access and to minimize impacts to coastal
views and coastal resources.
SB. Appearance. All structures permitted to encroach into open coastal waters,
wetlands and estuaries shall be designed and sited to harmonize with the natural
appearance of the surrounding area.
9C. Eelgrass Protection. The use of materials in pier and dock construction
design, materials and methods shall consider minimal impacts to eelgrass and marine
habitat.
€D. Docking Facilities. Docking facilities shall be designed and sited in relationship
to the water's depth and accessibility.
F. PrreteGtien of Traffin. Adequate PFOViciOnc�oll be made for the f�
" `1 `"
employed,traveling publiG. BarriGades shall be plaGed on streets with lights at night, alse flagmen
all as may be required by the particular work On progress. The permittee shall
not attem, ' ' ' ' ' ' the full and free use by the publiG of all navigable waters at or
adjaGent to the work or struGture. if the displ-ay of lights and signals on any work-
autherizerd is net ethby law, as may be nreSGrihed by the U.S. C Coast
Guard, they shall be installerd -And maintained at the expense of the permittee
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21.30C.050 - Harbor Development Regulations
€A. Protection of Coastal Access and Resources. All harbor structures, including
remodels of and additions to existing structures, shall be designed and sited to current
standards so as not to obstruct public lateral access and to minimize impacts to coastal
views and coastal resources.
SB. Appearance. All structures permitted to encroach into open coastal waters,
wetlands and estuaries shall be designed and sited to harmonize with the natural
appearance of the surrounding area.
9C. Eelgrass Protection. The use of materials in pier and dock construction
design, materials and methods shall consider minimal impacts to eelgrass and marine
habitat.
€D. Docking Facilities. Docking facilities shall be designed and sited in relationship
to the water's depth and accessibility.
F. PrreteGtien of Traffin. Adequate PFOViciOnc�oll be made for the f�
" `1 `"
employed,traveling publiG. BarriGades shall be plaGed on streets with lights at night, alse flagmen
all as may be required by the particular work On progress. The permittee shall
not attem, ' ' ' ' ' ' the full and free use by the publiG of all navigable waters at or
adjaGent to the work or struGture. if the displ-ay of lights and signals on any work-
autherizerd is net ethby law, as may be nreSGrihed by the U.S. C Coast
Guard, they shall be installerd -And maintained at the expense of the permittee
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
524
Newport Beach Municipal Code Page 39/75
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
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and held thern and ea -l. ffi—.,
H Repairs. T -I E? shall keep the StFUGt6lFeS OR good repair at all tomes.
FA014 tr,. fe) when Written n0tiGe has been given by the Harbef-ReseurGes
1E. Pollution Control. The permittee shall maintain the area delineated on the
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at all times. Adequate safeguards shall be maintained by the permittee to avert y th
type of pollution of Newport Harbor from recreational and/or commercial use of the
tidelands. Failure tO GGFnPlY with the previsiORS ef this seGtien shall be Gause, aft— --i++
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The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
51. Limits on Use. Only piers and certain patio decks authorized under
subsection (D) of this section and their appurtenances shall be permitted bayward of the
bulkhead.
62. Street Ends. No private piers shall be permitted at street ends.
7. in single unit and two unit residential diStFiGtS, only a single pier and slop
single pier and slop shall be permitted bayward of eaGh parGel or lot unless p-ermitted by -
the Harber i'ommiSSinn or Ranniniv Gemmiccinn as appropriate
8. Noir eewnienGOFFIrnerni�ors on Balboa ISIand Shell he Permitted, unless
Q The Gita Shell provide harbor lines narnel lines naFGel information utility
e and other erMittiRg s
the City of Newport Beanh website at: http://www.newportbeaGhGa.gov.
404. Joint Ownership. Permits maybe granted for joint ownership piers at the
prolongation of common lot lines. The permit for joint ownership piers 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.
95. Setbacks.
4a. All piers and slips for residential properties shall be set back a minimum of
five feet from the prolongation of the property line.
2b. With the prior approval of the City, piers and slips for commercial properties
may extend past the prolongation of the property line.
3c. The prolongation of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable setbacks for piers and
slips. Because there are certain physical conditions which preclude the strict application
of this policy without prejudice to adjoining properties, special consideration will be given
to areas where precise prolongation of the property line has not been determined and the
following conditions exist:
aM. Where property lines are not approximately perpendicular to the
bulkhead line;
bLQ. Where curves or angles exist in the bulkhead line;
Ems. Where bridges, topography, street ends or publicly owned facilities
adjoin the property.
4d. Setbacks apply to joint ownership piers with the exception that the slips,
floats and piers may extend over the common property line.
S5. Patio Decks. Patios are not permitted to extend over the waters of Newport
Harbor unless the waters are adjacent to the upland property and outside the areas
described in the tidelands trust, and provided the patio complies with the following
conditions:
4a. The maximum projection of patio decks encroachments beyond the
bulkhead line shall be limited to five feet.
2b. The minimum setbacks from the prolongations of the side property lines
shall be five feet.
3c. No float shall be permitted within one foot of the decks.
4d. No permanent structure shall be permitted on the projecting portion of the
patios except:
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
aM. Planters and benches not over sixteen (16) inches in height;
bLQ. Railings not over forty-two (42) inches in height with approximately
ninety-five (95) percent open area.
-5e. A harbor and building permit has been obtained.
96. Storage Lockers. Storage lockers and boat boxes may be installed on
shore -connected piers and floats subject to the following limitations:
4a. The overall height shall not exceed thirty (30) inches when located bayward
of residential property zones.
2-b. The overall height shall not exceed thirty (30) inches when located bayward
of commercial and industrial property zones where the piers and floats are used primarily
for the mooring of pleasure boats.
3c. The overall height shall not exceed sixty (60) inches when located on
facilities bayward of commercial and industrial zoned property where the use is not
primarily for the mooring of pleasure boats.
4d. The overall height shall be measured from the deck of the pier or float to the
top of the storage locker and overall height to include the enclosed portion of the locker or
box.
C Safety req iirements
1 . All GeFnmerGially operated beat d0Gk+egfaGil+t+es shall be equipped
firefighting fa^ilities as spe^ified by the Ciro Gede
2. A„y eteEtri Gal sel'ViGe UPOR aRY pier, deGko r flameh a I Imo,, l be R;etalledLlRer-a-
permit ebtained from the GGFnFn UnitY DeVelepment department
3. AR�� rlTy demc� icrG water sewi ler,, `avGk, or fir floa shall be�tallcd
i ander a permit ehtained from the Gity of Newpert Rea^h Gemml inity DGVelepment
department
4 All ^eMFner^ial piers floats er de^Ls used for the loading of passengers shell
be lighted OR suGh a maRRer as to previde aR i116IFniRatieR level ef five teRths (0.5) feet
Gandles for all areas used for the leading of S Gh passengers
F. ERGreaGhiRg Piers and Floats. IR areas where exiStiRg piers and floats eRGreaGh
iR front of abs fitting upland property OWRed by others, na a pupermit approved by the
Harbor Gemmission shall he required i anon•
1 Any Ghange in tripe of evicting use of the piers and floats;
2. Any Ghange in gape of exist) l^g-a�c-vTie abutting upland propertyWRed-by
m
the perittee• " " J
0
3. Any Ghapangs of exiStiRry WRership ef ahs ittiRn upland propertyWn hy
the permittee er upon the death of the permittee;
4. Any aestruGtir«he pier andd float in whi^h ever sixty ppeerrGeRtt of the
replaGement value of the pier and float has been destroyed
permit,Before the Harbor CornmossmoR aGts OR the Rew
upland e OR fFORt of whiGh the harbor faGility o
shall be Retified on writiRg_
of the meeting in whi^h the Ruga permit will he ^onsidered
G. DeffeGtoye Piers eaFRORgt t an i pier is in a defe�i �
�e or dangeros
GORditiORepeFSOR shall fan! Or Reg!eGt to do UP
the Harbor ResourGes MaRager shall immediately se notify the OWRer or other
OR
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 42/75
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
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7-.35.040-F. Other Structures.
Al. Race Committee Platforms. Race committee platforms and instruction
platforms may be constructed bayward of the bulkhead line at recognized yacht clubs and
recognized sailing schools. All work shall require issuance of a Harbor Development
Permit.
92. Floating Dry Docks. Permits for floating dry docks may be approved by the
Harbor Resources Division, subject to the following conditions:
4-a. The location is in waters bayward of commercial, manufacturing or
unclassified zones;
2-b. The prior approval of a Harbor Use Permit by the Harbor Commission;
3c. Permits for floating dry docks are issued for one location only. A new permit
must be obtained to move a floating dry dock from one location to another location within
the harbor. (Ord. 2 2 § 1 (paFt) 2008)
17.35.050-G. Bulkheads.
Al. All bulkheads in residential districts shall be installed on the established
bulkhead line or at a location behind the bulkhead line that would 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
establishment of bulkhead lines does not necessarily allow the property owner to build to
the limits of the bulkhead line, due to the potential environmental considerations
established by the State of California and/or the Federal Government.
The Harbor Resources Division may approve bulkheads located between U.S.
Bulkhead Station Nos. 112 and 109, not to exceed the bayward side of the "Vacated East
Bay Avenue." U.S. Bulkhead Station No. 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 established at a point forty
(40) feet landward of the face of the bulkhead at the property at 2137 Bayside Drive, and
then on a straight line from that point to the bayward most point of the bulkhead at the
property at 2301 Bayside Drive.
B. Bulkheads shall be at the existing height established for the area and shall be
connected to adjacent bulkheads. In cases where no adjacent bulkhead or bulkheads
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 43/75
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
exist, a wing wall or wing walls shall be constructed from the bulkhead landward adequa
to contain the fill behind the bulkhead.
G. The height and design of all bulkheads and wing walls shall be subjeGt to the
design and GE)nGtFUGtiE)R standaFds of the COFFIFFIURity Development ■ - r .
■ All bulkhead GenStrUGtien permits shall be subjeGt to a detailed GenStrUGtien
■ - Department. ■
substantially StFUGtUFal GaIGUlations shall be signed by a GiVil Or StrUGtUral engineer.
F=. The bulkhead shall not be used te support any GtFUGt6IFe GR the abut
propertyunless-bulkhead has beenGarry
.�._Ave a bulkhead GenStrUGted, the City may GORtribute one third (1/3) of the GeSt Of
Bulkheads shall • - designed • sited to protect the character • the existin•
shoreline profiles and avoid encroachment onto public tidelands.
H3. Maintenance or replacement of existing bulkheads is permitted when
expansion or encroachment into coastal waters is limited to the minimum extent
necessary to repair, maintain, or replace an existing bulkhead and the backfill is not us
• create new usable• ' • • •
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determined by the Harbor - GeS ■
Rterest. New RORGOMmeFGial piers, Of approved, shall be GE)RStFUGted OR StriGt
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Newport Beach Municipal Code Page 44/75
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
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Newport Beach Municipal Code Page 45/75
Chapter 17.40 LIVE-ABOARDS
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code
Chapter 17.40 LIVE-ABOARDS
Page 46/75
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 48/75
Chapter 17.40 LIVE-ABOARDS
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0 �54
Newport Beach Municipal Code
Chapter 17.45 SANITATION
Page 51/75
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The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
7167
Newport Beach Municipal Code Page 52/75
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
7-8
Newport Beach Municipal Code Page 53/75
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
X17.50 non Processing of npplicati n21.30C.060 - Harbor Development Permits.
A. Application. The application and plans and specifications shall be reviewed by
the Harbor Resources Manager and Community Development Department to determine
whether the proposed work meets all the requirements of this ethis Implementation
Plan and any standards and policies adopted by the City Council or required by State or
Federal regulatory agencies for such construction or work.
B. Approval by Other Agencies.
1. Coastal Commission. Proof of prior approval, when applicable, from the
California Coastal Commission shall be required before issuing any permit.
2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of
Engineers will be required.
3. County of Orange. Proof of prior approval of the County of Orange will be
required when work extends over County tidelands.
4. Approval in Concept. All development in areas where the Coastal
Commission retains coastal development permit authority shall require conceptual
approval from the Harbor Resources Manager pursuant to Section 21.52.040 (B) prior to
application to the Coastal Commission. An approval in concept from the Harbor
Resources Division indicates the proposed development conforms in concept to all
applicable provisions of this title only and does not provide approval for any applicable
land use and property development regulation.
G. Befere iSSUiRg a permit r any work on eG 'carnrfrrent bbeaGhes er fer aRY i R s al
type of harber StrLIGt' 0
area,net OR keepiRg with the S61rrGURdiRg all property ewners er long term lessees withila
three hundred (300) feet of the proposed work shall be notified On writing by the Harbor
ReseLjFGes Division of the peRdiRg appliGatien. NetiGe will be seRt teR (10) days prier to -a-
d8Gision by the Harbor Resc)uFG8s
and after the departmeRt has rendered a
deGiSieR. The permit shall not be issued URtil the appeal peried provided OR Chapter 17.65
Division,
D. Drier to the iss{�urr�permit, appliGaR Will chew proof of ince �rraRGe
��rTrvr-cam "'`"' `"' �. ``^^
GOVerage as requored by the
es and Harbor e
(
(Ord. 2013-11 S.S. 169 170 2013; Ord. 2008 2 § 1 (part), �)
17.040-C. Rendering of Decision.
Al. Approval. The Community Deyeleprn Department is authorized to approve
and issue new permits and revisions to existing permits that conform to the design criteria
and all applicable standards and policies in conjunction with plan reviews by the Harbor
Resources Division.
92. The application shall be denied if:
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
739
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X17.50 non Processing of npplicati n21.30C.060 - Harbor Development Permits.
A. Application. The application and plans and specifications shall be reviewed by
the Harbor Resources Manager and Community Development Department to determine
whether the proposed work meets all the requirements of this ethis Implementation
Plan and any standards and policies adopted by the City Council or required by State or
Federal regulatory agencies for such construction or work.
B. Approval by Other Agencies.
1. Coastal Commission. Proof of prior approval, when applicable, from the
California Coastal Commission shall be required before issuing any permit.
2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of
Engineers will be required.
3. County of Orange. Proof of prior approval of the County of Orange will be
required when work extends over County tidelands.
4. Approval in Concept. All development in areas where the Coastal
Commission retains coastal development permit authority shall require conceptual
approval from the Harbor Resources Manager pursuant to Section 21.52.040 (B) prior to
application to the Coastal Commission. An approval in concept from the Harbor
Resources Division indicates the proposed development conforms in concept to all
applicable provisions of this title only and does not provide approval for any applicable
land use and property development regulation.
G. Befere iSSUiRg a permit r any work on eG 'carnrfrrent bbeaGhes er fer aRY i R s al
type of harber StrLIGt' 0
area,net OR keepiRg with the S61rrGURdiRg all property ewners er long term lessees withila
three hundred (300) feet of the proposed work shall be notified On writing by the Harbor
ReseLjFGes Division of the peRdiRg appliGatien. NetiGe will be seRt teR (10) days prier to -a-
d8Gision by the Harbor Resc)uFG8s
and after the departmeRt has rendered a
deGiSieR. The permit shall not be issued URtil the appeal peried provided OR Chapter 17.65
Division,
D. Drier to the iss{�urr�permit, appliGaR Will chew proof of ince �rraRGe
��rTrvr-cam "'`"' `"' �. ``^^
GOVerage as requored by the
es and Harbor e
(
(Ord. 2013-11 S.S. 169 170 2013; Ord. 2008 2 § 1 (part), �)
17.040-C. Rendering of Decision.
Al. Approval. The Community Deyeleprn Department is authorized to approve
and issue new permits and revisions to existing permits that conform to the design criteria
and all applicable standards and policies in conjunction with plan reviews by the Harbor
Resources Division.
92. The application shall be denied if:
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 54/75
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
4-a. The application does not conform to the provisions of this Ceethis
Implementation Plan, the design criteria approved by the City Council.
2b. The proposed application is likely to create navigational congestion, or
otherwise interfere with the rights of other harbor permittees within Newport Harbor, or
other oceanfront property owners.
3c. The proposed application does not conform to the policies and regulations
of the certified Local Coastal Program. (Ord. 2013 11 2013; rd. 2002.2 § 1 (n,rW,
24W
17.50.050-D. Permit Conditions.
Al. In granting any such application, the Harbor Resources Manager shall issue
the permit to the owner or long-term lessee of the abutting upland property and may
impose conditions in the permit which are deemed necessary to protect commerce,
navigation or fishing, or the use, operation or development of Newport Harbor.
92. When appropriate where projects involve construction on or near the
waterway, eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be
required as a condition of City approval of projects in the Newport Bay. The Southern
California Caulerpa Action Team (SCCAT) shall be immediately notified if Caulerpa
taxifolia is found++.�,..,,.,
G. AGGeptaRG of Previsions. 11derst rd and agreedthe permittee ttihratliit:
prOVOSOr�ns of the M Uninipal Cede-.
T�T����r
Q. IRSPeGtOGR lnspoGtiGR shall be Apps by the Community Deyelepmept
Cede,
design Griteria and the
approxi (Ord 11 §§ 172 173 2002_2 § 1 (part), 70021
approved i$�vrcr2��-rs > > > v`u7
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The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
7''q70
Newport Beach Municipal Code Page 55/75
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 56/75
Chapter 17.55 DREDGING PERMITS
21.030C.070 — Dredging Permits
17.55.010-A. Permit Required.
Al. Dredging bayward of residential and commercial property shall be the
responsibility of the harbor permittee for the area delineated by the bayward
prolongations of upland side property lines and the U.S. project line. All such dredging will
require a dredging permit from the Harbor Resources Division and other agencies with
jurisdictional authority and may be subject to engineering approval by the Public Works
Department.
92. Dredging outside the established harbor lines will require prior approval by the
Harbor Resources Division and the U.S. Army Corps of Engineers. (Ord. nn�T
17.55.020Application for DredgingPermits.
A. i Required
Forms.--ApplliGa}'�rOR ^�r dredgiRg permits shiallu l be filed OR the OffinGe of
MaRager.
B. Required Materials. Applications shall be accompanied by all plans, maps, and
other materials required by the prescribed forms, unless specifically waived by the Harbor
Resources Manager. Applications shall include the following:
1. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys;
2. Grain size analysis;
3. Identification of the dredge disposal site and dredge quantities;
4. Any other materials the Harbor Resources Manager deems necessary to
support the application.
G. Required S gnaturocAh'h'Ga+inn fer diSGretiGRary approvals may be made by
lessee,the eWRer,
fl Foos Annlinotions shall be onnmmpaniord by a foo as established by resel„tinn
ofthe City rUTnil (Ord. 2008 2 § 1 (part),2008)
17.55.030-C. Limits on Development.
Development involving the diking, filling, or dredging of open coastal waters,
wetlands, or estuaries shall only be permitted under the following circumstances:
Al. Only if there is no feasible, less environmentally damaging alternative.
92. If there is no feasible, less environmentally damaging alternative, mitigation
measures shall be provided to minimize adverse environmental effects.
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 57/75
Chapter 17.55 DREDGING PERMITS
S3. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse effects on
the environment. The permittee shall be encouraged to work with the City in making sure
materials are available for harbor beach replenishment.
B4. Diking, filling or dredging projects shall sustain the functional capacity of the
wetland, or estuary. In order to establish that the functional capacity is being maintained,
the applicant must demonstrate all of the following:
4a. That the project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long-term stability of the
ecosystem; i.e., natural species diversity, abundance, and composition are essentially
unchanged as a result of the project;
2b. That the project does not harm or destroy a species or habitat that is rare or
endangered;
3c. That the project does not harm a species or habitat that is essential to the
natural biological functioning of the wetland or estuary;
4d. That the project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or nonconsumptive (e.g., water quality and research
opportunity) values of the wetland or estuarine ecosystem.
€5. Dredging and dredged material disposal shall avoid significant disruption to
marine and wildlife habitats and water circulation.(n�Zn0Q_2 § 1 (part) 2n�
1755.^40-D. Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters, wetlands,
and estuaries shall be limited to uses consistent with Section 30233 of the California
Public Resources Code (Coastal Act) and the certified Local Coastal Program. (9fd—
2-013-11 § 174 2013: Ord X008 2 § 1 (part), 2008)
The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Newport Beach Municipal Code Page 58/75
Chapter 17.60 HARBOR PERMITS AND LEASES
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Chapter 17.60 HARBOR PERMITS AND LEASES
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Newport Beach Municipal Code Page 60/75
Chapter 17.60 HARBOR PERMITS AND LEASES
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AC. Permit Required. No person shall place, erect, construct, maintain, use or tie to a
mooring in the waters of Newport Harbor over City -owned or controlled tidelands without
first having obtained a mooring permit_(MOVED TO SECTION 21.30C.040)frame
permit is OR the Rature Of InGeRse for the ternperary use of a speGifiG IeGatiGR within the
w0thin the time designated in the permit
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Chapter 17.60 HARBOR PERMITS AND LEASES
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Chapter 17.60 HARBOR PERMITS AND LEASES
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Chapter 17.60 HARBOR PERMITS AND LEASES
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The Newport Beach Municipal Code is current through Ordinance 2014-6, passed March 11, 2014.
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Chapter 17.60 HARBOR PERMITS AND LEASES
Leases. The followina restrictions shall aaDly to leases of public trust lands:
Sa. Land Use. Leases and permits shall be for uses consistent with the public trust
and SeGtiOR 17.05.080 and subsection C of this section. DrofeFeRGe Priority shall be given
to the provision of coastal -dependent uses.
Cb. Public Access. Public access shall be provided in a manner consistent with -
Chapter 21.30A (Public Access and Recreation)..
Bc. Revenue. Rent under this section shall be based upon fair market value, as
determined by the City Council. Such determination shall be based, in part, upon the
findings of a City -selected appraiser (MOVED TO SECTION 21.30C.030.C).
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951
NTENTIONALLY BLANK PAGE
Note: This is a clean copy of the current Title 17 (Harbor Code) definitions.
Newport Beach Municipal Code 17.01.030 Definition of Terms.
17.01.030 Definition of Terms.
A. Definitions: A.
Page 1 of 16
1. Abutting Upland (s) Property. The term "abutting uplands property" or "abutting
upland(s)" shall mean the adjacent bordering property held in fee or by lease. In
instances, such as on Balboa Island, where a City -owned public walkway exists between
the pier and the adjacent bordering property, the "abutting uplands property" or "abutting
upland(s)" shall mean the property adjacent to and abutting the property held in fee or by
lease on the landward side of the walkway.
2. Alteration Construction. The term "alteration construction" shall mean the construction
work relating to twenty (20) percent to fifty (50) percent of the total replacement value of
the dock, as well as other criteria as stated in subsequent sections of this title.
Construction estimates and the total value of work on any given project is based on pre-
determined values of various work on record and established by the City of Newport
Beach. Alteration construction requires City, State and Federal approvals.
3. Anchorage orAnchorage Area. The terms "anchorage" and "anchorage area" shall
mean any portion of Newport Harbor outside of navigation channels which has been
designated pursuant to law and approved by the Federal Government for the temporary
anchorage of vessels, using the vessel's own anchoring tackle.
4. Applicant. The term "applicant" shall mean the owner of the business or vessel, an
authorized representative of the owner or a person as defined further herein.
5. Assigned Vessel. The term "assigned vessel" shall mean a vessel lawfully
registered, owned or documented to a permittee to occupy a designated mooring or
berthing location in Newport Harbor.
B. Definitions: B.
Back Bay. See Upper Newport Bay.
2. Bareboat Charter. The term "bareboat charter' shall mean any vessel not inspected
by the United States Coast Guard under Title 46 of the Code of Federal Regulations and
which has been chartered for consideration.
3. Beach. The term "beach" shall mean the expanse of sand, gravel, cobble or other
unconsolidated material that extends landward from the low water line to the place where
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 2 of 16
there is distinguishable change in physiographic form, or to the line of permanent
vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low
water line.
4. Beam. The term "beam" shall mean the width of a vessel. Vessel beams are
generally critical at two locations of the boat; i.e., at the water line where the boat directly
interfaces the dock, as well as at the walking deck; i.e., the widest point of the vessel. For
the purpose of compliance with any measurement requirements, the beam shall be
interpreted as the widest point of the vessel.
5. Berth. The term "berth" shall mean any location such as a floating dock, slip, side tie,
mooring and the related area (berthing area or space) adjacent to or around it, allocated
to tie up and/or store a boat.
6. Board. The term "board" shall mean the Board of Supervisors of the County of
Orange as the governing body of the Orange County Sheriff's Department, Harbor
Patrol/Marine Operations Bureau.
7. Breakwater. The term "breakwater" shall mean a structure or barrier protecting a
shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or
riprap (rock wall) structure.
8. Building Official. The term "Building Official" shall mean the Building Manager/Chief
Building Official of the City's Community Development Department, or his or her
designee.
9. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall
that separates dry land areas and water areas.
10. Bulkhead Line. The term "bulkhead line" shall mean the harbor land/water perimeter
lines established in Newport Harbor by the Federal Government which define the
permitted limit of filling or solid structures that may be constructed in the Harbor. The
establishment of bulkhead lines does not necessarily allow the property owner to build to
the limits of the bulkhead line due to potential environmental considerations established
by the State of California and/or the Federal Government.
11. Business or Business Activity. The terms "business" and "business activity' shall
mean all activities engaged in for gain, benefit, advantage or livelihood to any person,
directly or indirectly, including, but not limited to, any profession, trade, occupation,
employment or calling engaged in trade, commerce, the exchange of goods, services, or
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 3 of 16
property of any kind, transportation of persons as well as goods, communication, renting
or leasing real or personal property or that provides any service.
C. Definitions: C.
1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed
(Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause
severe ecological damage to coastal and nearshore waters.
2. Certified Charter. The term "certified charter' shall mean any vessel inspected by the
United States Coast Guard under Title 46 of the Code of Regulations and which has
been chartered for consideration.
3. Channel. The term "channel" shall mean a water area in Newport Harbor designated
for vessel navigation with necessary width and depth requirements, and which may be
marked or otherwise designated on Federal navigation charts, as well as in other
sources.
4. Chartered for Consideration. The term "chartered for consideration" shall mean any
vessel which has been hired or leased by the owner, directly or through an authorized
representative, to any person for a voyage in exchange for the payment of money, the
receipt of something of value, or the forgiveness of a debt.
5. City. The term "City" shall mean the City of Newport Beach.
6. City Council. The term "City Council" shall mean the City Council of the City of
Newport Beach.
7. City Manager. The term "City Manager" shall mean the City Manager of the City of
Newport Beach or his or her respective designee.
8. City Tide and Submerged Land. The term "City tide and submerged land" shall mean
that area within Newport Harbor granted to the City by the State of California.
9. Coastal Access. The term "coastal access" shall mean the ability of the public to
reach, use or view the shoreline of coastal waters or inland coastal recreation areas and
trails.
10. Coastal Commission. The term "Coastal Commission" shall mean the California
Coastal Commission, the State agency established by State law responsible for carrying
out the provisions of the Coastal Act and for review of coastal permits on appeal from
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
local agencies.
Page 4 of 16
11. Coastal -Dependent Development or Use. The terms "coastal -dependent
development" or "coastal -dependent use" shall mean any development or use which
requires a site on, or adjacent to, the sea to be able to function at all (from California
Public Resources Code, Section 30101).
12. Code. The term "code" shall mean the Newport Beach Municipal Code.
13. Commercial. The term "commercial" shall mean any business activity whether the
business activity is nonprofit or for profit. Commercial activities shall include, but are not
limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards,
pier rentals and any other business activity.
14. Commercial Fishing Vessel. The term "commercial fishing vessel" shall mean a
vessel registered by the Department of Fish and Game pursuant to Section 7880 of the
Fish and Game Code of the State of California, when operating under the authority of the
fish and game permit.
15. Community Development Director. The term "Community Development Director'
shall mean the Community Development Director of the City of Newport Beach or his or
her designee.
16. Current. The term "current" shall mean a flow of water in a particular direction. Such
flows can be driven by wind, temperature or density differences, tidal forces, and wave
energy. Currents are often classified by location, such as longshore current, surface
current or deep ocean currents. Different currents can occur in the same general area
resulting in different water flows. For example, a rip current can flow perpendicular to the
shore through the surf zone, a long shore current may flow southerly, parallel to the coast
and seasonal deep water current may flow to the north.
D. Definitions: D.
1. Design Criteria. The term "design criteria" refers to "Waterfront Project Guidelines
and Standards, Harbor Design Criteria—Commercial and Residential Facilities" adopted
by the City of Newport Beach, and as amended from time to time, as minimum standards
for design whenever harbor permits are required. The City of Newport Beach Community
Development Department may require additional requirements, based on the specific
details of a particular application and project.
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
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2. Dinghy or Tender. The term "dinghy' or "tender" shall mean a vessel no longer than
fourteen (14) feet in overall length.
3. Dock. The term "dock" shall mean a structure generally linked to the shoreline to
which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or
may float in the water.
4. Dolphin. The term "dolphin" shall mean a multi -pile structure that is used for mooring
large boats that generally cannot be accommodated by floating docks.
5. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall mean all on -
land storage of vessels, including vessels normally stored in open or enclosed rack
structures, on trailers, on cradles, on boat stands, or by other means.
E. Definitions: E.
1. Eelgrass. The term "eelgrass" shall mean a marine flowering plant (Zosters marina)
that is found primarily in coastal bays and estuaries on soft substrate.
2. Encroachment. The term "encroachment" shall mean the extension of a building,
structure or other improvement, or part thereof, on the property or domain of another.
3. End Tie. The term "end tie" shall mean berths located on the outermost end of a
floating dock structure where the dock is alongside only one side of the boat. The boats
associated with an end tie may be situated beyond the pierhead line along the channel.
4. Erosion. The term "erosion" shall mean the wearing away of land by natural forces.
On a beach, erosion is the carrying away of beach material by wave action, currents or
wind.
5. Estuary. The term "estuary' shall mean the region near a creek or river mouth in
which the fresh water of the river mixes with the salt water of the sea.
F. Definitions: F.
1. Fairway. The term "fairway' shall mean an area of water adjacent to slips that feeds
into a channel, and which is used for direct access to slips. The fairway water area is
defined as lying between the outer end of a line of fingers and the nearest obstruction on
the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc.).
2. Federal Channel. The term "Federal channel" shall mean that area of the Lower
Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 6 of 16
on November 11, 1936, as recorded in the First Session of the Seventy -Fifth Congress
in 1937.
3. Finance Director. The term "Finance Director" shall mean the Finance Director of the
City of Newport Beach or his or her respective designee.
4. Finger. The term "finger' shall mean a portion of a floating dock section that is
perpendicular to the walkways and is used for tying up and boarding vessels.
5. Fire Chief. The term "Fire Chief" shall mean the Fire Chief of the City of Newport
Beach or his or her respective designee.
6. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term
"freeboard" shall mean the distance between the water surface and the walking
surface of the dock system. Generally, two conditions are of interest when referring
to freeboard: (i) dead load only freeboard, and (ii) dead plus live load freeboard.
Dead load refers to the weight of all construction materials and equipment that may
be permanently attached to the docks. Live load refers to the weight of all temporary
loads such as pedestrians and berthing loads.
b. Vessel Freeboard. For the purposes of vessels, the term "freeboard" shall
mean the vertical distance between the water line and the top of the deck.
7. Functional Capacity. In terms of wetlands and estuaries, the term "functional
capacity" shall mean the ability of the wetland or estuary to be self-sustaining and to
maintain natural species diversity.
G. Definitions: G.
1. Gangway. The term "gangway' shall mean a structure that provides pedestrian
access from land to the floating docks. One end is generally attached to the bulkhead,
fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide
plates, which rest directly on the dock surface. The word "bro\W is synonymous with
"gangway."
2. Groin. The term "groin" shall mean a shoreline protection structure built, usually
perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore.
A series of groins acting together to protect a section of beach is known as a groin
system or groin field. A structure that extends from a beach or bulkhead perpendicularly
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 7 of 16
to the shoreline into tidal waters is intended to trap and retain and/or reduce the erosion
of sand and retard the general erosion of the shoreline and undermining of shore
protection structures (bulkheads, riprap slopes, etc.).
H. Definitions: H.
Harbor Commission. The term "Harbor Commission" shall mean the Harbor
Commission of the City of Newport Beach.
2. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead,
and project lines as defined within Newport Harbor by the Federal, State, County and City
Governments. The harbor lines in Lower Newport Bay have been established by an act of
the U.S. Congress and can only be modified by an act of Congress.
3. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance
uses, equipment and facilities" shall mean all uses and their related equipment, vessels,
docking, and land storage facilities and access which provide: dredging and beach
replenishment; demolition, repair and new construction of docks, piers, bulkheads, and
other in -and -over -water structures; mooring maintenance and repair; waterborne debris
and pollution control, collection, and removal. This category also includes environmental,
survey, or scientific vessels and related equipment based, or on assignment, in Newport
Harbor. All vessels under this definition may also be referred to as "work boats."
4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange
County Sheriff's Harbor Patrol/Marine Operations Bureau, or his or her designee, or
successor entity.
5. Harbor Regulations. The term "harbor regulations" refers to Title 17 of the Newport
Beach Municipal Code.
6. Harbor Resources Manager. The term "Harbor Resources Manager" shall mean the
Harbor Resources Manager of the City of Newport Beach, or his or her designee.
7. Harbor Structures. The term "harbor structures" refers to any pier, float, piling,
bulkhead, seawall, reef, breakwater or any other structure in, upon or over the waters of
Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows
within the City of Newport Beach or adjoining waters.
8. Habitat. The term "habitat" shall mean the locality, including the physical and
biological environment, in which a plant or animal lives.
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
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9. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a
primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached
directly to headwalks. Headwalks are generally parallel to the bulkhead. The term
"marginal walk" is synonymous with "headwalk."
10. Houseboat. The term "houseboat" shall mean any vessel or structure on or in any
waterway, floating or nonfloating, which is designed or fitted out as a place of habitation
and is not principally used for transportation.
I. Definitions: L.
1. Launching Facility. The term "launching facility' shall mean a generic term referring to
any location, structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where
vessels may be placed into and retrieved from the harbor waters.
2. LCP. See Local Coastal Program.
3. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel as
a domicile for a period exceeding seventy-two (72) hours in any thirty (30) day period.
4. Local Coastal Program (LCP). The term "Local Coastal Program" shall mean a local
government's: (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d)
within sensitive coastal resources areas, other implementing actions which, when taken
together, meet the requirements of, and implement the provisions and policies of the
Coastal Act at the local level.
5. Longshore. The term Iongshore" shall mean parallel to and near the shoreline.
6. Lower Newport Bay. The term "Lower Newport Bay' shall mean the area of the bay
southerly of the Coast Highway.
J. Definitions: M.
1. Maintenance Construction. The term "maintenance construction" shall mean the
construction work relating to no more than twenty (20) percent of the total replacement
value of the dock, as well as other criteria as stated in subsequent sections of this title.
Construction estimates and the total value of work on any given project is based on pre-
determined values of various work on record and established by the City of Newport
Beach. Maintenance construction only requires City of Newport Beach approval.
2. Mainwalk. The term "mainwalk" shall mean that portion of a dock that serves as a
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 9 of 16
primary pedestrian access to fingers and slips. Fingers are generally attached directly to
mainwalks. Mainwalks are generally perpendicular to the bulkhead and headwalk, and may
connect directly to a headwalk.
3. Marina. The term "marina" shall mean a commercial berthing facility (other than
moorings, anchorage or noncommercial pier) in which vessels are continuously wet -
stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) calendar days.
4. Marine Activity Permittee. The term "marine activity permittee" shall mean any
person, or persons, partnership, corporation, or other entity holding a permit issued
pursuant to the provisions of Chapter 17.10 of the Newport Beach Municipal Code.
5. Marine Sales and Services, Uses and Vessels. The term "marine sales and services,
uses and vessels" shall mean related business activities which provide repair,
maintenance, new construction, parts and supplies, fueling, waste removal, cleaning, and
related services to vessels berthed in, or visiting, Newport Harbor. Typical service uses
include, but are not limited to, all uses and vessels described under Section 20.05.050 of
the City of Newport Beach Municipal Code.
6. Mean High Water. The term "mean high water" shall mean the nineteen (19) year
average of the higher high water heights (for diurnal tides, high water and higher high
water are the same).
7. Mean Higher High Water. The term "mean higher high water" shall mean the nineteen
(19) year average of only the higher high water heights.
8. Mean Low Water. The term "mean low water" shall mean the nineteen (19) year
average of the lower low water heights (for diurnal tides, low water and lower low water
are the same).
9. Mean Lower Low Water (MLLW). The term "mean lower low water" shall mean the
nineteen (19) year average of only the lower low water heights. MLLW refers to the datum
used to define elevations of structures within the bay and along the coastline. For
landside developments using an MSL (mean sea level) datum, add two and seventy-six
hundredths (2.76) feet to MSL elevations to equate to MLLW elevations.
10. Mono Pile. The term "mono pile" shall mean a normally large diameter pile that is
used for mooring large boats that generally cannot be accommodated by floating docks.
Generally, mono piles and dolphin piles are used for similar purposes.
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
Page 10 of 16
11. Mooring. The term "mooring" shall mean a device consisting of a floating buoy or
other object that is secured to the harbor bottom by an anchor system for purposes of
securing a vessel. The term "mooring" shall mean any appliance used to secure a vessel
in Newport Harbor other than a pier, which is not carried aboard such vessel as regular
equipment when under way.
12. Mooring Area. The term "mooring area" shall mean an area designated for a group
of moorings.
13. Motorboat. The term "motorboat" shall mean any vessel being propelled by
machinery.
14. Mud Line. The term "mud line" shall mean the highest elevation of accumulated
sediments adjacent to the structure in question.
15. Multiple Vessel Mooring System. The term "multiple vessel mooring system" shall
mean a floating platform secured to a single point mooring only which allows multiple
vessels to be secured that are shorter in overall length than the side of the platform to
which the vessels are to be moored.
K. Definitions: N.
1. New Construction. The term "new construction" shall mean the construction work
relating to fifty (50) percent or more of the total replacement value of the dock, as well as
other criteria as stated in subsequent sections of this title. Construction estimates and the
total value of work on any given project is based on pre -determined values of various
work on record and established by the City of Newport Beach. New construction requires
City, State and Federal approvals.
2. Newport Bay. The terms "Newport Bay' and "Newport Harbor" are often used
interchangeably. The term "Newport Bay" shall mean the estuary consisting of the Lower
Newport Bay and the Upper Newport Bay.
3. Newport Harbor. See also Newport Bay. The term "Newport Harbor" shall mean the
water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of
the Upper Newport Bay Marine Park.
4. Nonprofit Organization. The term "nonprofit organization" shall mean an entity
designated as tax exempt by the Internal Revenue Service or the State Franchise Tax
Board.
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
L. Definitions: 0.
Page 11 of 16
1. Offshore Mooring. The term "offshore mooring" shall mean a single or double buoy,
weight and chain installed for the purpose of berthing a vessel as provided by Chapter
17.25 of the Newport Beach Municipal Code.
2. Open Coastal Waters. The term "open coastal waters" shall mean the area
composed of submerged lands at extreme low water of spring tide extending seaward to
the boundaries of the Exclusive Economic Zone (12-200 miles). This includes navigation
channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay.
3. Operable. The term "operable" shall mean capable of maneuvering under the
vessel's own power from the mooring to a demarcation line designated by the
appropriate authority and generally to be defined as the line between the seaward ends
of the harbor entrance jetties and back to the mooring.
4. Operator. The term "operator" shall mean the person who operates or who has
charge of the navigation or use of the vessel.
M. Definitions: P.
1. Pacific Ocean. The term "Pacific Ocean" shall mean the waters off of the City of
Newport Beach from the beach, as defined in Section 17.01.030(B)(3), seaward three
nautical miles.
2. Passenger. The term "passenger' shall mean every person other than the operator
and a member of the crew or other persons employed or engaged in any capacity on
board a vessel in the business of that vessel.
3. Permittee. The term "permittee" shall be the person or entity who holds a validly
issued permit under any provision of this title.
4. Person. The term "person" shall mean an individual, proprietorship, firm, partnership,
joint venture, syndicate, business trust, company, corporation, association, committee or
any other legally recognized entity.
5. Pier. The term "pier" shall mean any fixed or floating structure for securing vessels,
loading or unloading persons or property, or providing access to or over the water. A pier
includes wharf, dock, slip or float, or any other landing facility and floating dry dock.
a. Commercial Pier. The term "commercial pier' shall mean a pier adjacent to
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commercially or nonresidentially zoned property with single or multiple berths which
are rented or leased, including any pier used in connection with marinas, charter
facilities, yacht clubs, yacht sales, rental facilities and boat yards. For purposes of
this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a
multifamily dwelling or dwelling units that are income generating, and structures
adjacent to commercially zoned uplands that are business or income generating in
nature, shall be deemed commercial.
b. Noncommercial Pier. The term "noncommercial pier' shall mean a pier used for
private recreational purposes by the owner(s), occupant(s), guest(s) or lessee(s) of
the abutting residentially zoned upland property.
c. Public Pier. The term "public pier' shall mean a pier used for public recreational
purposes provided by a public agency.
6. Pierhead Line. The term "pierhead line" shall mean the harbor water area perimeter
lines established in Newport Harbor by the Federal Government that define the permitted
limit of fixed pier, floating dock and other in -water structures which may be constructed in
the harbor. The pierhead line typically shall define the limit of pier and floating dock
structures and defines the limit of construction except as otherwise approved by the City
Council. Vessels may extend channelward of the pierhead line.
7. Police Chief. The term "Police Chief" shall mean the Chief of Police of the City of
Newport Beach or his or her respective designee or by the City Council.
8. Project Lines. The term "project lines" shall mean the harbor water area channel lines
of the improvements constructed by the Federal Government in 1935-1936, and as
shown on navigation charts of Newport Harbor. Also referred to as the "Federal channel"
(see City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design
Criteria—Commercial and Residential Facilities).
9. Property Owner. The term "property owner' shall mean the owner of the abutting
upland property who has obtained a permit to place a structure in Newport Harbor
pursuant to Chapter 17.50.
10. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the
common law public trust for commerce, navigation, fisheries, recreation, and other public
purposes. Public trust lands include tidelands, submerged lands, the beds of navigable
lakes and rivers, and historic tidelands and submerged lands that are presently filled or
reclaimed and which were subject to the public trust at any time (from California Code of
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Newport Beach Municipal Code 17.01.030 Definition of Terms.
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11. Public Works Director. The term "Public Works Director" shall mean the Public
Works Director of the City of Newport Beach, or his or her designee.
N. Definitions: R.
1. Residential. The term "residential" shall mean those properties that are designated
by the Zoning Code for a residential use, as opposed to commercial.
2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus of the
Rhine Channel where vessels may load and unload supplies directly to and from the
wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf public pier' shall mean the pier and
long float parallel to the Rhine Wharf, and which is used for public recreational purposes
provided by a public agency.
4. Riprap. The term "riprap" shall mean a protective layer or facing of rock, concrete
blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment
or bluff.
5. Risk Manager. The term "Risk Manager' shall mean the Risk Manager of the City of
Newport Beach, or his or her designee.
O. Definitions: S.
1. Sail Area. The term "sail area," as defined for the purposes of structural analysis or
berthing facilities and structural pilings, shall mean the area of a boat, above the water
line, that is exposed to wind under tied/berthed conditions.
2. Sailing Club. The term "sailing club" shall mean an organization operating from a
fixed location and principally engaged in the coordination or facilitation of the use of
sailing club -operated boats by its membership.
3. Seaworthy. The term "seaworthy' shall mean that the vessel's hull, keel, decking,
cabin and mast are structurally sound and generally free from dry -rot.
4. Shore. The term "shore" shall mean the narrow strip of land in immediate contact with
the sea, including the zone between high and low water. Ashore of unconsolidated
material is usually called a beach.
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5. Shoreline. The term "shoreline" shall mean the intersection of the ocean or sea with
land; the line delineating the shoreline on National Oceanic and Atmospheric
Administration (NOAA) Office of Coast Survey nautical charts and surveys approximates
the mean low water line from the time the chart was prepared.
6. Shore Mooring. The term "shore mooring" shall mean a mooring for vessels which
are located in the nearshore perimeter of the harbor and its islands, perpendicular to the
shoreline. One end of the mooring line is attached to a point on or adjacent to the
bulkhead, and the other end is attached to a mooring buoy located in the water, inside or
at the pierhead line.
7. Side Tie. The term "side tie" shall mean a berth where the dock is alongside only one
side of the boat.
8. Slip. The term "slip" shall mean a berth where the boat has a finger on one side and
either another finger or adjacent boat on the other side.
9. Sport Fishing Charter. The term "sport fishing charter' shall mean a vessel chartered
solely for sport fishing outside of Newport Harbor.
10. Submerged Lands. The term "submerged lands" shall mean lands which lie below
the line of mean low tide (from California Code of Regulations, Section 13577).
11. Sub -Permits.
a. Sub-Permits—Long-Term. The term "long-term sub -permit" shall be defined as
those mooring sub -permits issued by the City for the temporary use of a deemed
vacant or a noticed vacant mooring for a period of between one month to twelve (12)
months.
b. Sub-Permit—Short-Term. The term "short-term sub -permit" shall be defined as
those mooring sub -permits issued by the City for a temporary use of a deemed
vacant or noticed vacant mooring for any period of time less than thirty (30) days as
determined by the Harbor Resources Manager.
P. Definitions: T.
1. Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that were
granted to the City by the State of California, including, but not limited to, submerged
lands and/or lands that are located between the lines of mean high tide and mean low
tide.
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2. Tidelands Trust. The term "tidelands trust" shall mean all tidelands and submerged
lands granted to the City of Newport Beach by State or Federal legislation and the terms
and conditions of any such legislative grant.
3. Turning Basin. The term "turning basin" shall refer to an area, often designated on
nautical charts, that is connected to a channel which is large enough to allow vessels to
maneuver or turn around. The term "turning basin" shall mean that portion of any channel
which has been so designated pursuant to law and approved by the Federal Government,
for the purpose of permitting vessels to turn around or permitting their course or direction
to be altered therein.
Q. Definitions: U.
1. Upper Newport Bay. The terms "Upper Newport Bay' and "Back Bay' are often used
interchangeably. The term "Upper Newport Bay' shall mean the area of the bay northerly
of the Coast Highway Bridge.
2. Upland. The term "upland" shall mean land with a shared property line with and
immediately adjacent to Newport Harbor.
R. Definitions: V.
1. Vessel. The term "vessel" shall mean and include every description of watercraft
used or capable of being used as a means of transportation on water. This includes all
vessels of any size home -ported, launched/retrieved, or visiting in Newport Harbor,
arriving by water or land, and registered or unregistered under State or Federal
requirements, except a seaplane on the water.
2. Vessel Length/Width. The term "vessel length/width" are terms to describe the
overall vessel length (Lo) and overall vessel width (Wo) that include all vessel
attachments such as boarding and/or swim steps, bow extensions, sprits, rub rails, etc.
3. Vessel Owner. The term "vessel owner" shall mean the owner of the vessel as
shown on current registration with the Department of Motor Vehicles or the United States
Coast Guard. If the vessel is recently purchased, the vessel owner must obtain
registration from the Department of Motor Vehicles or United States Coast Guard within
six months.
S. Definitions: W.
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1. Walkway. The term "walkway' shall mean a walkway on a wide portion of the floating
dock system that is used for pedestrian access. A walkway can refer to the headwalk,
mainwalk and/or fingers.
2. Waters of Newport Harbor. The term "waters of Newport Harbor' shall mean all
waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or
mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court
action or otherwise and whether or not the lands lying under the tidal water are privately or
publicly owned.
T. Definitions: Z.
1. Zostera Marina. See Eelgrass. (Ord. 2013-27 § 1, 2013; Ord. 2013-11 §§ 124-131,
2013; Ord. 2013-1 §§ 2, 3, 4, 5, 2013; Ord. 2011-6 §§ 1, 2, 2011; Ord. 2010-26 §§ 1, 2,
3, 2010; Ord. 2009-2 § 1, 2009; Ord. 2008-2 § 1 (part), 2008)
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