HomeMy WebLinkAbout(2019, 06/25) - H-1 - AmendedHARBOR PERMIT POLICY
Background
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Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may
not extend beyond the pierhead line unless approved by Council policy.
Policy
Consistent with Title 17's purposes described in Newport Beach Municipal Code Section
17.05.020, the City Council's general policy is not to approve piers and floats beyond the
pierhead line. Limited exceptions exist as described in this Policy, but the Harbor
Commission is directed to use this general policy and the underlying purposes of Title 17
as a default rule that can only be excepted by making specific findings concerning such
exceptions.
The proper procedure for determining whether such exceptions exist is to hold a public
hearing in front of the Harbor Commission with a staff report that includes a staff
recommendation and accompanying materials that shall include, but are not limited to,
the application and materials supporting the staff recommendation. The Harbor
Commission shall consider the City's general policy as articulated herein and shall make
specific factual findings as to each of the categories of exceptions.
The applicant, or any interested person, shall have the right to appeal the Harbor
Commissions decision to the City Council in accordance with Chapter 17.65 of the
Municipal Code. Any individual City Council Member shall also have the right to call
for review the Harbor Commissions decision to the City Council in accordance with
Chapter 17.65.
The Harbor Commission, or the City Council considering an appeal or call for review,
may approve or conditionally approve a permit for a pier or float to extend beyond the
pierhead line if it is determined that: (1) the existing pier or float is already physically
encroaching beyond the pierhead line; (2) the existing pier or float was legally permitted
to encroach beyond the pierhead line; (3) the pier or float will not result in an increase in
the physical encroachment beyond the pierhead line that is greater than the existing
encroachment; (4) any boat utilizing the pier or float will not extend beyond the project
line or line at which it would currently be allowed, whichever is greater; and (5) the pier
or float will (i) preserve the diverse uses of the harbor and the waterfront that contribute
to the charm and character of Newport Bay, (ii) maintain or enhance public access to the
harbor water and waterfront areas, (iii) preserve or enhance the visual character of the
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harbor, and (iv) not negatively impact adjacent property owners and dredging of the
harbor.
Any permit issued by the City of Newport Beach before June 26, 2019, which allows an
existing pier or float to extend beyond the pierhead line, is ratified by the City Council
and may continue as valid until such time as a new permit for a pier or float is approved
and the pier or float is constructed pursuant to the new permit.
History
Adopted H-1 - 6-1-1964
Amended H-1 -10-19-1964
Amended H-1 -10-26-1964
Amended H-1 - 4-27-65
Reaffirmed H-1 - 8-30-1966
Amended H-1 -1-9-1967
Amended H-1 - 7-24-1967
Amended H-1 - 6-24-1968
Amended H-1 - 8-19-1968
Amended H-1 -12-23-1968
Amended H-1 -1-26-1970
Reaffirmed H-1 - 3-9-1970
Reaffirmed H-1 - 2-14-1972
Amended H-1 - 8-14-1972
Amended H-1 - 6-25-1973
Reaffirmed H-1 -12-10-1973
Amended H-1 -12-17-1973
Amended H-1 - 6-10-1974
Reaffirmed H-1 -11-11-1974
Amended H-1- 3-10-1975
Amended H-1 - 4-28-1975
Amended H-1 - 5-27-1975
Amended H-1 -10-28-1975
Amended H-1 -12-8-1975
Amended H-1 - 5-10-1976
Amended H-1 -10-26-1976
Amended H-1 -11-22-1976
Reaffirmed H-1 -1-24-1977
Amended H-1 - 5-23-1977
Amended H-1 - 5-22-1978
Amended H-1 -12-11-1978
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Amended H-1- 3-12-1979
Amended H-1- 6-25-1979
Amended H-1- 6-9-1980
Amended H-1- 6-23-1980
Amended H-1 -11-23-1981
Amended H-1- 6-28-1982
Amended H-1 -10-12-1982
Amended H-1 -10-25-1982
Amended H-1- 6-27-1983
Amended H-1-1-14-1985
Amended H-1- 3-25-1985
Amended H-1 - 6-24-1985
Amended H-1- 6-22-1987
Amended H-1- 6-13-1988
Amended H-1-11-28-1988
Amended H-1- 6-26-1989
Amended H-1- 9-25-1989
Amended H-1-11-27-1989
Amended H-1- 5-14-1990
Amended H-1- 6-25-1990
Amended H-1 - 4-8-1991
Amended H-1 - 6-24-1991
Amended H-1 -10-28-1991
Reaffirmed H-1 -1-24-1994
Amended H-1- 6-27-1994
Amended H-1- 6-26-1995
Amended H-1 - 3-25-1996
Amended H-1- June 8,1998
Amended H-1 -12-14-1998
Amended H-1 - 5-8-2001
Amended H-1- 9-10-2002
Amended H-1-10-28-2003
Amended H-1 - 4-13-2004
Amended H-1 -1-8-2008
Amended H-1 - 5-22-2018
Amended H-1- 6-25-2019
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