HomeMy WebLinkAbout12 - City Council Policy H-1, Harbor Permit Policy — Proposed Revisions - CorrespondenceReceived After Agenda Printed
November 5, 2019
Item No. 12
November 5, 2019, Council Item 12 Comments
The following comments on an item on the Newport Beach City Council agenda are submitted by:
Jim Mosher ( iimmosher(a)-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
Item 12. Resolution No. 2019-98: City Council Policy H-1, Harbor
Permit Policy - Proposed Revisions
I would again suggest that when the Council considers revisions to Title 17 of the Municipal
Code (the Harbor Code), it consider integrating into that code these rules about extending piers
beyond the pierhead line, rather than leaving them as an appendage to it. That would remove
some of the redundancy (such as the need to restate the chain of appeal), as well as possibly
clarifying the intent of Harbor Commission's newly recommended concluding paragraph.
As it is, that paragraph does not flow logically from the policy's stated purpose of implementing
Section 17.35.030(A) ("Piers and floats may not extend beyond the pierhead line unless
approved by Council policy as may be amended from time to time."), since it is not about
extensions beyond pierhead lines, but rather about areas with no pierhead lines or (according to
the staff report, page 12-2) about areas where the pierhead lines are "irrelevant."
The Harbor Code does not appear to establish any standards for the acceptable length of piers
in areas with no pierhead lines (primarily the area west of the Newport Boulevard Bridge), nor
does the new language explain how to deal with situations there. I would suggest that in all
areas where there is no pierhead line, a pier request be regarded as a request for a pier
extending beyond a pierhead line.
It is also not clear what the Harbor Commission means by "areas not otherwise clearly defined
by the criteria within this Policy." The examples shown in a PowerPoint at the October meeting
(which does not yet seem to have been made part of the still blank meeting archive) — if I recall
correctly -- were Collins Island (where the filled land extends beyond the dashed -yellow
pierhead line) and the "Harbor Marina" off PCH just east of the Newport Boulevard Bridge
(where the pierhead line coincides with the dashed -gold bulkhead line, and the entire marina
extends beyond them and even beyond the solid red project line).
These do not seem to me to be "areas not otherwise clearly defined by the criteria within this
Policy." On the contrary, they seem clearly to be instances in which the policy states that
modification of existing (and hopefully permitted?) piers that extend beyond the pierhead line
would require Harbor Commission approval and in which new piers that extend farther into the
public waters would not be allowed.
Finally, the Harbor Code is unclear as to when a new pier permit is required. The new last
paragraph appears to state the Harbor Commission's belief that staff approval of like -for -like
replacement of previously permitted piers, including code -required upgrades, is allowed
everywhere in the harbor without a new permit and therefore without applying the policy. In that
case, the paragraph is unnecessary. I believe the Council needs to clarify if that is indeed
their intent, or if some level of pier replacement requires Harbor Commission review of
the existing permit's compliance with the five new Policy H-1 standards.
Nov. 5, 2019, City Council Item 12 Comments - Jim Mosher Page 2 of 2
Collins Island:
Harbor Marina:
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