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ORDINANCE NO. 2018-5 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT <br />BEACH MUNICIPAL CODE CHAPTER 17.35 RELATING <br />TO THE PROHIBITION OF PIERS AND FLOATS IN <br />CERTAIN AREAS OF NEWPORT HARBOR <br />WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") <br />the City of Newport Beach ("City") acts on behalf of the State of California as the trustee <br />of tidelands located within the City's limits, including Newport Harbor; <br />WHEREAS, the Beacon Bay Bill and Title 17 of the Newport Beach Municipal Code <br />("NBMC") allow the City to authorize third parties to construct and maintain residential <br />and commercial piers upon tidelands; <br />WHEREAS, Council Policy H-1 provides for the extension of piers and floats <br />beyond the pierhead line; <br />WHEREAS, on May 22, 2018, City Council made significant changes to Policy H- <br />1, which, among other things, removed language prohibiting piers and floats in certain <br />parts of Newport Harbor; and <br />WHEREAS, the City desires to maintain the status quo for existing piers and floats, <br />while protecting and preserving the interests of property owners in Newport Harbor. <br />NOW THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />Section 1: NBMC Section 17.35.030 is hereby amended to read as follows: <br />A. Piers and floats may not extend beyond the pierhead line <br />unless approved by Council policy as may be amended <br />from time to time. <br />B. Piers and floats shall not be permitted on the north side of <br />the channel south of Bay Island. <br />C. Piers and floats shall not be permitted in the beach area <br />along the northerly side of Lido Isle between the easterly <br />line of Lot 849 and the westerly line of Lot 493. <br />D. Piers and floats shall not be permitted in the beach area <br />along the southerly side of Lido Isle between the easterly <br />line of Lot 919 and the westerly line of Lot 457. <br />Section 2: The recitals provided in this ordinance are true and correct and are <br />incorporated into the substantive portion of this ordinance. <br />Section 3: If any section, subsection, sentence, clause or phrase of this ordinance <br />is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the <br />validity or constitutionality of the remaining portions of this ordinance. The City Council <br />hereby declares that it would have passed this ordinance, and each section, subsection, <br />sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses or phrases be declared unconstitutional. <br />