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Home My WebLink About(2021, 09/14) - H-1 - AmendedH-1 PIER AND FLOAT EXTENSIONS BEYOND THE PIERHEAD LINE Background Newport Beach Municipal Code (NBMC) Section 17.35.030(A) provides that piers and floats may not extend bayward beyond the pierhead line unless approved in compliance with Council policy. This Policy sets forth the specific criteria, as a limited exception to the general rule set forth in Section 17.35.030(A) of the NBMC, where a harbor development permit and/or approval in concept for a pier or float to extend beyond the pierhead line may be granted. Section I of this Policy sets forth the circumstances wherein the Harbor Commission, and/or City Council upon appeal or call for review, may approve a pier or float to extend bayward beyond the pierhead line. Section II of this Policy sets forth the circumstances wherein the Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve a harbor development permit and/or approval in concept, pursuant to this Policy. Harbor Commission/City Council Review and Findings Required for Approval After holding a public hearing and considering a staff report and accompanying materials that include, but are not limited to, the application and materials supporting the staff recommendation, the Harbor Commission, or the City Council on appeal or call for review, may approve or conditionally approve a harbor development permit and/or approval in concept for a pier or float to extend bayward beyond the pierhead line upon making all of the following findings: A. The existing pier or float is currently encroaching bayward beyond the pierhead line; B. The existing pier or float was previously permitted to encroach bayward beyond the pierhead line or is in substantial conformance with the existing City -issued permit; C. The pier or float will not encroach any further bayward beyond the pierhead line than the existing encroachment; D. Any vessel utilizing the pier or float will not extend bayward beyond the project line or the line established under the City -issued permit, whichever is less; and E. The pier or float will: 1. Preserve the diverse uses in Newport Harbor and the waterfront that contribute to the charm and character of Newport Harbor; H-1 2. Maintain or enhance public access to Newport Harbor's waterways and waterfront areas; 3. Preserve or enhance the visual character of Newport Harbor; 4. Not negatively impact adjacent property owners, harbor views, navigation and future harbor dredging; and 5. Be aesthetically consistent and compatible with its surroundings. II. Staff Review and Findings Required for Approval For those piers or floats in areas where the pierhead line does not exist or where the bayward extension of those structures is not clearly limited by the pierhead line, the Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve a pier and float reconstruction project if the: A. Existing pier or float is in substantial conformance with the existing City - issued permit; B. Reconstruction will utilize the same or less square footage; C. Reconstruction is in a substantially similar configuration as the existing pier or float; and the D. Pier or float complies with the City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria, the California Building Code as set forth in Title 24 of the California Code of Regulations, and other applicable provisions of the NBMC. Projects that do not meet the above criteria for approval shall be reviewed in accordance with the applicable provisions of Title 17 (Harbor Code) of the NBMC. III. General Provisions A. Appeals and calls for review of decisions under this Policy shall be in accordance with Chapter 17.65 (Appeals or Calls for Review). B. Any approval granted under this Policy for piers and floats to encroach bayward beyond the pierhead line is separate from any and all other required permits and/or approvals. C. Any permit issued by the City of Newport Beach before June 26, 2019 that allows an existing pier or float to extend bayward 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. 4 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 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 K H-1 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 - 06-8,1998 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 Amended H-1 -11-5-2019 Amended H-1 - 9-14-2021 4 H-1