HomeMy WebLinkAbout12 - City Council Policy H-1, Harbor Permit Policy — Proposed Revisions - AmendedHARBOR PERMIT POLICY
Background
November 5, 2019
Agenda Item No. 12
H-1
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 existed prior to the adoption of this policy as described
in this Polky herein, I+A-however, 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
Commission's 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 Commission's 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 bayward beyond
the pierhead line if it is determined that all of the following conditions are met:
1_4)-Tthe existing pier or float is already physieally currently encroaching bayward
beyond the pierhead line; and
2_(�} De existing pier or float was4egv previously permitted to encroach bayward
beyond the pierhead line; and
4-.3.(44De pier or float will not encroach any further bayward beyond the pierhead line