HomeMy WebLinkAboutSS3 - Newport Harbor Policy IssuesE
ITEM # SS3
TO: Members of the Newport Beach City Council
FROM: Tony Melum, Division of Harbor Resources
SUBJECT: Newport Harbor Policy Issues
RECOMMENDED None --Discussion item only.
ACTION:
BACKGROUND: Council Policy Section H -1 (included with this report as Attachment A) is
called the Harbor Permit Policy. It sets out policy guidelines for
construction on and use of the waters of Newport Harbor (map included
as Attachment B). The waters of Newport Harbor are defined within the
Newport Beach Municipal Code (NBMC §17.04.200):
• "The phrase 'waters of Newport Harbor' shall mean all waters of Newport
Harbor in which the tide ebbs and flows, whether or not the ordinary or
mean high tide line of the Pacific Ocean has been fixed by ordinance,
statute, court action or otherwise and whether or not the lands lying
under the tidal water are privately or publicly owned."
Council Policy H -1 itself contains 32 separate sections:
• 11 sections relate to construction on the water. Construction typically
includes building and maintenance of piers, ramps, floats, stairs to the beach,
patio decks, groin walls and bulkheads (see attached construction drawing
examples). It also includes dredging in and around these structures. H -1
gives guidelines for the construction permit process, for what can be built,
and for where a structure can be built.
• 8 sections address use of the water. Uses typically addresses guidelines for
use once a structure is built.
• 13 sections address both issues of use and construction.
Harbor Permits. Policy H -1 prohibits any person from building a
structure in, upon, or over the waters of Newport Harbor or the Pacific
Ocean - or from dredging or filling - without first obtaining a written
Harbor Permit from the Harbor Resources Division of the City Manager's
Office. Policy H -1 requires a separate permit from the Building
• Department for any bulkheads, cantilevered docks, and plumbing or
electrical work on harbor structures.
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We have traditionally used the term Harbor Permit to mean one of at least •
two different things:
• a one -time permit to build a structure on the harbor; and
• an annually- renewable permit that authorizes the continued use of a harbor
structure (including residential piers, moorings, and more) as long as the
permit holder pays the annual permit fee.
There are about 1,200 holders of residential pier permits and 1,150
holders of onshore or offshore mooring permits in Newport Harbor.
Harbor Resources issues about 100 of the one -time construction permits
for harbor structures each year.
H -1's Two Highlighted Geographic Areas. While Policy H -1 addresses
Newport Harbor as a whole, it also identifies policies for two areas
separately due to their unique features:
• Balboa Island. Policy H -1 directs that:
No new, non - commercial piers on Balboa Island shall be recommended unless it is in
the public interest or unless it is at such a location that it is not usable for swimming
or bathing. Piers presently in use may be repaired but recommendations for any
additions or remodeling shall be restricted to such changes that do not lessen the use
of either the immediate water or land areas. Whenever any application to install a
new, non - commercial pier is to be taken under consideration, all occupants within •
300 feet of the proposed work shall be notified in writing by the Harbor Resources
Division.
This section was part of the original policies adopted in 1964. Balboa
Island, including Little Island, is unique in that it is the largest area in
the bay where the public water area is separated from private
property by a public sidewalk (see map included as Attachment C).
As a result, pier construction on the island has been restricted by H -1
since 1964. The purpose of this restriction was to maintain public
access to the beaches and water around the island.
Over the years the City has interpreted this section of H -1 to mean
that no new non - commercial (residential) piers could be built on
Balboa Island. None have been built since 1964 except for two
constructed recently as a result of the bridge renovations at Marine
Avenue and North Bay Front. We have also interpreted H -1 to allow
piers existing under permit in 1964 to remain and be maintained.
However, we have interpreted H -1 to limit additions or remodeling of
piers to the use of the existing structures' surface area as a maximum
area available resulting from any proposed change.
Finally, we have interpreted the above section of H -1 as a restriction
on the piers themselves and not on the vessels they accommodate. •
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• • Grand Canal. Grand Canal consists of a single narrow channel (95'
wide and 1500' long) surrounded by a public sidewalk.
The policy section addressing this area states:
A. The following conditions are to be in effect and placed on each harbor
permit for the Grand Canal:
1. That the permittee shall be allowed either one pier platform, or in lieu
thereof, two shore mooring type appurtenances per lot. Pier platforms
and shore moorings shall be constructed according to "Design Criteria
and Standard Drawings for Harbor Construction" adopted by the City
of Newport Beach.
2. That all vessels (maximum length 18 feet) moored in the Grand Canal
shall be tied off to pier platform strictures or shore moorings. Floating
platforms or slips will not be allowed. Vessels tied to the bulkhead or by
alternate methods not approved by the Harbor Resources Division shall
be prohibited.
3. That the permittee shall be allowed no more than one vessel per shore
mooring.
4. That any shore mooring approved for the Grand Canal shall display a
permit number issued by the Harbor Resources Division.
• 5. That each vessel tied to any pier platforms in the Grand Canal be
anchored from the stern in such a method as to prevent the vessel from
swinging into adjoining vessels or across bayward prolongations of
private property lines.
B. There shall be no permits issued for shore moorings or pier platforms
fronting on alleys, avenues or other public easements terminating on the
Canal.
C. There shall be no new permits issued for shore moorings or pier
platforms bayward of those lots at the extreme south end and north end
of Grand Canal.
Because of Grand Canal's physical constraints, these special policy
restrictions have been adopted to limit the type and size of structures in
the canal and the size and number of vessels that can be berthed there.
The City adopted Section C of this section because those lots had pier
rights in the main channel as well as the Canal. Navigational impacts
were considered as well in adopting this section.
Vessel size in Newport Harbor. As is mentioned often, Newport Harbor
is home to the largest number of small watercraft in the state. Boat sizes
isrange from under 10' to over 120' - the average vessel is about 30' to 4(Y.
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Except for Grand Canal, Policy H -1 does not specifically limit vessel size •
at a harbor structure. It is addressed indirectly by defining the locations
of structures relative to bayward extensions of side property lines (set
back requirements) and how far bayward a structure can extend (to pier
head or project line). They also require that any vessel berthed remain
within the projection of the property lines and not extend beyond the
float more than the width of the vessel's beam.
In the past, violations relative to vessel berthing have been enforced on a
complaint basis, unless they posed a hazard to navigation.
Most other harbors, because they are mainly associated with marina
berthing, follow guidelines for vessel size prepared by the Department of
Boating and Waterways (DBW). DBW developed its guidelines to ensure
adequate design of marinas and to provide safe and sufficient navigation
particularly dealing with ingress and egress in the marina setting.
Maintenance and Revision Permits. When they believe that their pier
requires maintenance or revisions as a result of wear and tear or changes
in use, harbor structure permittees must apply for maintenance or
revision permits (examples of the construction drawings associated with
these permit requests are included as Attachment D).
Maintenance is not defined in the Policy. We have traditionally defined •
maintenance as repairs to a harbor permit other than those of a cosmetic
nature that do not result in any configuration change and represent less
than 20% of the replacement value of the total structure.
Nor is revision defined in the Policy. Again, we have traditionally
defined revision as more extensive maintenance where the cost of the
project exceeds 20% of the replacement value of the structure and /or
results in a reconfiguration or dimension change in the permitted
structure.
These definitions - while not defined in the Policy - have served the dual
purpose of establishing a permit fee and defining an operation.
Going Forward - Suggestions for Change. In reviewing the Policy, we
have the following suggestions for Council's consideration. Since this is a
Study Session item, these suggestions are for discussion purposes - any
action must be brought back to the Council at an evening meeting.
• Defining Maintenance, Revision, and New Construction. It may be more
appropriate to define maintenance as repair of an existing structure with no •
configuration changes and that does exceed 50% of the replacement cost of
the structure in total. Similarly, it may be appropriate to define a revision as
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• any construction that represented a configuration or dimension change. An
entirely new construction project might be construction that exceeds 50% of
the replacement cost of the structure or the installation of a structure where
one was not permitted previously.
• Balboa Island Considerations. As mentioned above, the staff interpretation
of the policy section titled, "Balboa Island ", considered only the impact of
additions or remodeling to the structure itself. If it were felt that the size of
the vessel to be berthed should also be considered staff would recommend
the following language:
"No new, non - commercial piers on Balboa Island shall be recommended
unless it is in the public interest or upAess it is at such a IRPalien that it is
net usable for swimming or bagiin . Piers and floats presently permitted
is use maybe maintained and repaired, but
additions or Femadelin applications for revisions shall be restricted to
land areas the same or less square footage as the permitted structure and
no increase in vessel berthine cavacity as reeards number and sizes of
vessels berthed. Whenever any application to install a new, non-
commercial pier is to be taken under consideration, all occupants within
300 feet of the proposed work shall be notified in writing by the Harbor
Resources Division."
• Permit Terminology. Defining and referring to "harbor construction
• permits" and "annual harbor use permits" instead of the more generic
"harbor permits" may help clarify future discussions about H -1 in general.
ATTACHMENTS: Attachment A - Council Policy H -1 (Harbor Permit Policy)
Attachment B - Map of Newport Harbor
Attachment C - Map of Balboa Island
Attachment D - Examples of typical construction drawings
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Attachment A
Council Policy H -1 •
Harbor Permit Policy
HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned areas shall be reserved for the
occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels
moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste,
liveaboards, or noise disturbances to adjoining residents.
B. Shore connected piers and floats bayward of commercial -zoned areas may be used by persons
other than the occupants of the abutting upland property.
C. Only piers, floats, certain patio decks and their appurtenances shall be permitted between the
bulkhead and pierhead lines.
D. No private piers shall be permitted at street ends.
E. In R -1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot.
DEFINITIONS •
A. The term "Pier" shall mean any fixed or floating structure for securing vessels, loading or
unloading persons or property, or providing access to the water, and includes wharf, dock, float,
or other landing facility, and dry dock.
B. The "Harbor Lines" are established Bulkhead, Pierhead, and Project Lines.
C. The 'Bulkhead Lines," as established, shall define the limit of solid filling or solid structures.
D. The Tierhead Lines," as established, shall define the limit for pier and float -type structures.
E. The 'Project Lines" shall define the channel lines of the improvements and by the Federal
Government in 1935 -36.
F. The term "Liveaboard" shall mean the use or occupancy of a vessel for living quarters either
permanently or on a temporary basis for a period exceeding 3 days.
G. The term "Standard Drawings" refers to Standard Drawings adopted by the City of Newport Beach
as minimum standards of construction whenever harbor permits are required.
H. The term "Design Criteria" refers to Design Criteria adopted by the City of Newport Beach as
minimum standards for design whenever harbor permits are required.
The term "Mean Low Low Water" is abbreviated, M.L.L.W., and refers to the lowest tide of the
daily two -tide cycle. •
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PERMM REQUIRED
•
A. No person or agency shall build, maintain, extend or make structural alterations on any building,
pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over the waters of
Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the
City, or do any filling, excavating or dredging in said waters or ocean, without first obtaining a
written "Harbor Permit" to do so from the City's Harbor Resources Division.
B. The Orange County District may do construction work or fill or dredge within Newport Harbor,
or cause the same to be done, without such a permit so long as such work is done pursuant to a
harbor development plan on lands not owned by the City or pursuant to a request therefore by the
City Council.
C. A separate permit will be required by the Building Department for any bulkheads, cantilevered
decks, and plumbing and electrical work on harbor structures.
GENERAL PROVISIONS FOR HARBOR PERMITS
A. Acceptance of Provisions. It is understood and agreed by the Permittee that the doing of any work
under the permit shall constitute an acceptance of all the provisions.
B. Permit from Other Agencies. The party or parties to whom the permit is issued shall, whenever
the same is required by law, secure the written order or consent to any work hereunder from the
U.S. Corps of Engineers, California Coastal Zone Commission, or any other public body having
jurisdiction, and the permit shall be snspended in operation unless and until such order or consent
is is obtained.
C. Transferring Permit. The permit is not transferable without the written consent of the City of
Newport Beach.
D. Inspection. Bulkheads, cantilevered decks, plumbing and electrical work are subject to inspection
by the Building Department for conformity with the Uniform Building Code. Piers, ramps, floats
and pilings are subject to inspection by the Public Works Department.
E. Protection of Traffic. Adequate provisions shall be made for the protection of the traveling public.
Barricades shall be placed on streets with lights at night, also flagmen employed, all as may be
required by the particular work in progress.
The Permittee shall not attempt to forbid the full and free use by the public of all navigable waters
at or adjacent to the work or structure. If the display of lights and signals on any work hereby
authorized is not otherwise provided by law, such as lights and signals, as may be prescribed by
Bureau of Light Houses, Department of Commerce, shall be installed and maintained at the
expense of the Permittee.
Structures shall be so constructed as not to obstruct, interfere with or prevent the free use or
passage of any sidewalks, street, alley, public way or navigable channel.
F. Liability for Damages. The Permittee is responsible for all liability for personal injury or property
damage which may arise out of work herein permitted, or which may arise out of the use or
• possession of said works, and in the event any claim is made against the City of Newport Beach or
any department, officer, or employee thereof, though, by reasons of, or in connection with such
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work, permittee shall defend, indemnify and hold them and each of them, harmless from such •
claim.
G. Revocation of Permit. The rights given under this permit are permissive only and the City of
Newport Beach reserves full right, power and authority to revoke this permit at any time. In the
event the Permittee fails to remove said works within the time specified, then the Harbor
Resources Division shall have the right to immediately remove same at the cost and expense of the
Permittee.
H. Repairs. The Permittee shall keep the structures in good repair at all times. Failure to repair,
when written notice has been given by the Harbor Resources Division, shall be cause for the
revocation of the permit.
Pollution Control. The Permittee shall maintain the area delineated on the harbor permit free and
clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be
maintained by the Permittee to avert any other type of pollution of Newport Harbor from
recreational and/or commercial use of the tidelands. Failure to comply with the provisions of this
section shall be cause, after written notice has been given to the Permittee by the City, for the
revocation of the permit. When unusual circumstances arise with respect to the collection of
debris or litter, the City Manager may authorize by the use of City forces or by contract the
removal of said debris.
Rights to Impose Rental or Other Charges. The approval of the foregoing permit by the City of
Newport Beach shall not constitute a waiver of any rights which it may now have or hereafter
have to impose rental or other charges in conjunction with the maintenance of the proposed
facility and user of the same. The imposing of tidelands rental, or use, fees shall not be extended •
to include private residential piers and slips, constructed and used solely by the abutting uplands
owner for recreational purposes, unless otherwise directed by State mandate.
K. In those areas of the harbor where the piers and floats are bayward of residential zoned areas and
are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted.
L. Special Event Permits. If a Harbor Permittee proposes a use of the harbor installation, other than
that allowed by the Newport Beach Municipal Code or the Council Harbor Permit Policy, he /she
must first obtain a "Special Event Permit" as provided by Section 510 of the Newport Beach
Municipal Code. Upon issuance of the Special Event Permit, the City of Newport Beach may
impose conditions on the permit to assure that the proposed use does not affect the health, safety
or welfare of the residents of Newport Beach.
ISSUING OF PERMTIS
A. The Harbor Resources Division is authorized to approve and issue new permits and revisions to
existing permits that conform to the standard harbor drawings and the adopted Harbor Permit
Policy in conjunction with plan reviews by the Public Works Department and the issuance of a
Building Department permit when applicable.
B. Prior approval of the U.S. Corps of Engineers will be required before issuing any permit.
Application to the U.S. Corps of Engineers may be made on forms provided by the U.S. Corps of
Engineers.
C. Prior approval of Orange County will be required when work extends over tidelands claimed by •
the County.
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D. Before issuing a Harbor Permit, for any work on oceanfront beaches or for any unusual type of
•
harbor structure, or for a structure on which the applicant proposes a use that is not in keeping
with the surrounding area, all property owners or long term lessees within 300' of the proposed
work shall be notified in writing by the Harbor Resources Division of the pending application.
Notice will be sent ten (10) days prior to a decision by the Harbor Resources Division, and after
the Department has rendered a decision. The permit shall not be issued until the appeal period
provided in Newport Beach Municipal Code Chapter 17.24 has run.
E. A written permit for maintenance is required from the Harbor Resources Division for any
structural or work where the cost for such work, including labor and materials, would normally
exceed $200. Painting, replacement of rub -rails and work considered cosmetic in nature does not
require a permit.
Prior to the issuance of a permit, the applicant will show proof of coverage as required by the
Longshoremen's and Harbor Worker's Compensation Act.
APPLICATION FOR HARBOR PERMITS
A. Applications for authority to erect, revise and do maintenance work on structures shall be
submitted to the Harbor Resources Division upon forms provided therefor. Plans showing the
location, extent and character of the proposed work and required fees shall accompany the
application.
B. The application must be signed by the fee owners or any long -term lessee of the abutting upland
• property. Long -term lessee shall be defined as a party having a leasehold on the property for a
period greater than 5 years.
C. Applications for joint ownership piers shall be signed by all fee owners or any long -term lessee of
the abutting upland properties.
PLANS TO ACCOMPANY PERMIT APPLICATIONS
A. Plans accompanying the application will form a part of the permit and must be carefully prepared
in the form prescribed.
B. Number of plans submitted shall be determined by the Harbor Resources Division, Public Works
Department and Building Department, depending on the nature of the work.
C. Plans shall include the following:
1. Date of drawing and origin.
2. Location and dimension of proposed structure including piles and location of existing structures
on adjacent properties.
3. Location of bulkhead, pierhead, and project lines.
4. Location of U.S. Bulkhead stations.
is5. Location of property lines.
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61 Location of channel markers. •
7. Lot sizes and lot numbers.
8. Existing ground profile beneath proposed structure.
9. Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
10. Area and profile of any proposed dredging with elevations showing depths with respect of
M.L.L.W.
11. Any existing conditions affecting the construction or docking operation.
12. Construction design details, PLANS, SUBSTANTIATING CALCULATIONS AND
SPECIFICATIONS FOR piers, pier platforms, ramps, floats, pilings, etc., as prescribed by the
Public Works Department.
D. Drawing size shall be 8 -1/2" x 11 ",11" x 22 ", or 21" x 31 ".
E. Scale shall be adequate to clearly show the above information.
F. Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
EXPIRATION OF PERMIT
A. The time limit for the completion of all work authorized by a permit shall be 180 days from date of •
approval.
B. All permits shall expire unless the work contemplated shall have been completed within the time
limit specified.
C. If the work contemplated has been started and diligently prosecuted but not completed in the time
limit specified, a time extension may be granted by the Harbor Resources Division upon receipt of
a written request from the Permittee.
BOND REQUIREMENTS
If the nature of the proposed work is such that if left incomplete it will create a hazard to human life or
endanger adjoining property, a cash bond or surety bond satisfactory to the City Attorney in the sum of
100 percent of the estimated cost of the work will be required to guarantee the faithful performance of the
proposed work.
TRANSFER OF PERMITS
A. Permits for harbor structures are issued subject to the condition that any improvements
constructed shall not be sold in whole or part, leased, or transferred, without the written consent
of the City.
B. Whenever a permittee sells the abutting upland property, a request shall be made to the City to
transfer the permit. Forms for this purpose may be obtained from the Harbor Resources Division. •
Failure to apply for a transfer within 30 days from the date that the abutting upland property
changed ownership will result in an additional fee by the City.
PEI
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isC. The Harbor Resources Division is authorized to approve transfers to the new owners or long -term
lessee of the abutting upland property.
D. Prior to the transfer of a Harbor Permit, all harbor structures shall be inspected for compliance
with the City's minimum plumbing, electrical and structural requirements, and the conditions of
the existing permit. All structural deficiencies must be corrected prior to the transfer of the
permit. A fee will be charged for this inspection, established by Resolution of the City Council.
DREDGING
A. All dredging will require a permit from the Harbor Resources Division and may be subject to
engineering approval by the Public Works Department
B. Major dredging outside the established harbor lines will require prior approval by the Harbor
Resources Division and the U.S. Corps of Engineers.
C. Maintenance dredging bayward of residential and commercial property shall be the responsibility
of the Harbor Permittee for the zone delineated by the bayward prolongations of upland side
property lines and the U.S. Project line.
FEES
A. INITIAL PERMIT FEES
is The Harbor Resources Division may charge the fees identified in the Master Fee Schedule for initial
permits and for pier fees. Initial permit fees to not include Building Department fees, but they do include
Public Works Department fees.
B. PIER FEES
Annual pier fees are due and payable on 1 March in accordance with the schedule identified in the
Master Fee Schedule.
All commercial piers over City Tide and Submerged Lands will be billed annually as follows:
1. Permittees having commercial piers over City Tide and Submerged Lands shall, for 1994 -95, pay
an annual rent identified in the Master Fee Schedule for each square foot on permit area (base
rental).
1 Annual rent shall be paid on or before March 1.
1 The Base Rental shall be adjusted annually to reflect the increase or decrease in Consumer Price
Index (CPI) for each twelve month period. The CPI (all urban consumers, all items) for the Los
Angeles -Long Beach - Anaheim, California area as published and released by the Bureau of
Statistics for the U.S. Department of Labor shall be the index utilized for calculating the rental
adjustment.
4. The base rental shall be recalculated every ten years pursuant to an appraisal commissioned by the
• City of Newport Beach. In determining the value of tide and submerged lands, the appraiser shall
consider the fact that commercial use of publicly owned tidelands is economically feasible only in
conjunction with privately owned uplands.
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5. All appraisals shall be conducted by an MAI appraiser(s) with membership in the American •
Institute of Real Estate Appraisers and experienced in assessing the value of tidelands.
6. The provision of this subsection shall not apply to tidelands subject to a written lease requiring the
payment of rent based on gross receipts.
STANDARD DRAWINGS
The following Standard Drawings have been approved and are on file in the Public Works Department.
(not included here)
DESIGN OF STRUCTURES
A. Design of harbor structures that do not conform to the Standard Drawings contained within
"Design Criteria and Standard Drawings for Harbor Construction," needs the approval of the
Public Works Department prior to the issuance of a harbor permit.
B. Harbor structures shall be designed in accordance with design criteria adopted by the City of
Newport Beach and contained within "Design Criteria and Standard Drawings for Harbor
Construction."
C. The decking of all piers and pier platforms shall not exceed an elevation of 9.0 M.L.L.W. nor be less
than an elevation of 8.0 M.L.L.W. •
JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the prolongation of common lot lines subject
to the following conditions:
1. No permits will be granted to persons other than the owners or long -term lessee of the abutting
upland properties.
2. The permit application must be signed by the fee owners or long -term lessee of all abutting
upland property having access to the facility.
3. The permit shall provide that all parties shall have equal rights under the permit and shall
be held jointly responsible for compliance with all rules, regulations, and conditions set forth in
the permit.
B. The policy for setbacks applies to joint ownership piers with the exception that the slips, floats and
piers may extend over the common property line.
BULKHEADS
A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a
location behind the bulkhead line that would preserve the design profile of the harbor. Any
retaining or ornamental wall installed landward of the bulkhead line shall be considered a •
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bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same
•
manner as if it were on the bulkhead line.
The Harbor Resources Division may issue permits for bulkheads, between U.S. Bulkhead Station
Numbers 112 -109 not to exceed the bayward side of the "Vacated East Bay Avenue." U.S.
Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Staff
recommendation for a bulkhead at these properties shall not exceed a point bayward of the
average high tide line established at a point 40 feet landward of the face of the bulkhead at the
property at 2137 Bayside Drive, and then on a straight line from that point to the bayward most
point of the bulkhead at the property at 2301 Bayside Drive.
B. Bulkheads shall be at the existing height established for the area and shall be connected to adjacent
bulkheads. In cases where no adjacent bulkhead or bulkheads exist, a wing wall or wing walls
shall be constructed from the bulkhead landward adequate to contain the fill behind the bulkhead
constructed from the bulkhead landward adequate to contain the fill behind the bulkhead. No
solid or masonry structure shall be constructed on a bulkhead.
C. The height and design of all bulkheads and wing walls shall be subject to the design and
construction standards of the Building Department.
D. All bulkhead permits may be subject to a detailed construction drawing being approved by the
Building Department. Drawings signed by a Civil or Structural Engineer may be required and
shall clearly show the following:
1. Exact location of bulkhead and anchor blocks.
is2. Top and bottom elevations.
3. Design loads and any surcharge loading.
4. Depth of dredging and any sounding data.
5. Details of returns or connection to existing walls.
6. Any special conditions affecting bulkhead construction or design.
E. The bulkhead shall not be used to support any structure on the abutting upland property unless
the bulkhead has been properly designed to carry the additional loads.
F. In areas where there is existing development and it is of direct benefit to the City to have a
bulkhead constructed, the City may contribute 1/3 of the cost of constructing a bulkhead across
street ends.
PARKING REQUIREMENTS
A. All commercially operated boat docking facilities shall provide 0.75 parking stalls for each single
boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified as a slip.
B. For dry boat storage areas, 0.33 parking stalls shall be provided for each storage space available.
• C. For floating dry docks, at least two (2) off -street parking stalls shall be provided exclusively for
each dry dock.
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D. All parking shall conform to the City of Newport Beach off - street parking standards. •
E. Commercial Activities Permits
On -site Parking
a. On -site parking shall be provided as follows:
i. Charter vessels: one parking space for each three occupants, including
crewmembers;
ii. Sport fishing vessels: one parking space for each two occupants, including
crewmembers.
b. Said on -site parking shall be provided on the adjoining upland property. If adequate parking is
not available on -site, all or a portion of the required parking spaces may be provided at an off -site
location, subject to the approval of the Assistant City Manager and the Planning Director. The use
of an off -site lot shall not be approved unless:
Such is so located as to be useful in connection with the use of the vessel.
ii. Parking on such lot will not create undue traffic hazards in the surrounding area.
iii. Such lot and the adjoining upland property are in the same ownership and the owner
is entitled to the immediate possession and use thereof. Ownership of the off -site lot is defined as •
ownership in fee or a leasehold interest of a duration adequate to serve the proposed commercial
activity.
C. When a vessel will not offer services to the general public, all or a portion of the required parking
may be provided at a remote off -site location, if transportation is provided from the off -site
parking location to the site where the vessel is moored. Parking for the shuttle vehicles must be
provided near the site where the vessel is moored unless said vehicles will be stored at the remote
off -site location at all times when not in use.
d. If the use of the off -site parking location is approved, the owner(s) and the City shall execute a
written instrument (the form and content of which is acceptable to the City Attorney) providing
for the maintenance of the required parking spaces on such lot for the duration of the commercial
activity. Said instrument shall be recorded in the office of the County Recorder prior to issuance
of a Commercial Harbor Activities Permit, and copies thereof shall be filed with the Harbor
Resources Division.
SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be equipped with fire fighting facilities as
specified by the Fire Chief of the City of Newport Beach.
B. Any electrical service upon any pier, dock or float shall be installed under a permit obtained from
the City of Newport Beach Building Department.
C. Any domestic water service upon any pier, dock, or float shall be installed under a permit obtained •
from the City of Newport Beach Building Department.
14
Page 15
• D. All commercial piers, floats or docks used for the loading of passengers, shall be lighted in such a
manner as to provide an illumination level of 0.5 -foot candles for all areas used for the loading of
such passengers.
SANITARY REQUIREMENTS
A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit
or the required restrooms serving such pier, dock or float, has been installed and approved by the
City Building Inspector. The use of a pier, dock or float will not be allowed until restroom
facilities are completed and in operation.
B. All public or private commercially operated shore- connected boat anchorages shall have a
minimum of two restroom facilities, one for women and one for men, for each 20 boat slips or boat
berths available in the anchorage area. The minimum walking distance from the farthest boat
berth to the restroom facility shall not exceed 400 feet.
C. Sewage Pumping Facilities.
Permission may be granted to install and operate sewage pumping facilities for boats moored to
shore - connected structures providing such installations are first approved by the Harbor
Resources Division.
in requesting approval, the following information must be submitted in letterform to the Harbor
Resources Division:
is1. The name and address of the person responsible for the installation;
2. The name and address of the manufacturer of all pumping equipment;
3. A complete description of the materials and the pumping equipment to be used;
4. An 8" x 11 ", or larger, sketch clearly showing the location of the sewage discharge lines, the
connection to the sewer system, and the area to be served.
SETBACKS
A. All piers and floats for residential properties shall be set back a minimum of five feet from the
projection of the property line.
B. All piers and floats for commercial properties may extend to the projection of the property line.
C. The projection of the property line bayward of the same bearing from the bulkhead shall generally
be used in determining the allowable setbacks for piers and floats. Because there are certain
physical conditions which preclude the strict application of this policy without prejudice to
adjoining properties, special consideration will be given to areas where precise projections of the
property line have not been determined and the following conditions exist:
1. Where property lines are not approximately perpendicular to the bulkhead line.
. 2. Where curves or angles exist in the bulkhead line.
15
Page 16
3. Where bridges, topography, street ends or publicly owned facilities adjoin the property.
I&1061*1;t10 eb9
A. Boats moored at private or public docks shall not extend beyond the projection of the property
lines of the property to which the dock facility is connected in accordance with Section 20 -C.
B. Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the
width of its beam beyond the pier, dock or float.
C. Mooring Fees for both onshore and offshore moorings shall be set annually by Resolution of the
City Council.
BALBOA ISLAND
No new, non - commercial piers on Balboa Island shall be recommended unless it is in the public interest
or unless it is at such a location that it is not usable for swimming or bathing. Piers presently in use may
be repaired but recommendations for any additions or remodeling shall be restricted to such changes that
do not lessen the use of either the immediate water or land areas. Whenever any application to install a
new, non - commercial pier is to be taken under consideration, all occupants within 300 feet of the
proposed work shall be notified in writing by the Harbor Resources Division.
*BAYWARD LOCATION OF PIERS AND FLOATS
A. U.S. Bulkhead Sta. No. 107 to No. 109. Piers will be permitted to extend out to the U.S. Pierhead
Line. Creosote anchor piles will be permitted in this section.
B. U.S. Bulkhead Sta. No. 109 to No. 110. Piers may be permitted to extend 16 feet channelward of
the U.S. Pierhead Line.
C. U.S. Bulkhead Sta. No. 110 to 112. Piers will be permitted to extend out to the U.S. Pierhead Line.
*Based on Harbor Regulations adopted by the City Council on December 15,1941.
D. U.S. Bulkhead Sta. No. 112 to No. 113. Piers will be permitted to extend out to the U.S. Pierhead
Line. Commercial piers between "A" Street and Adams Street will be subject to special permits
approved by City Council.
E. U.S. Bulkhead Sta. No. 113 to 114. Piers shall be subject to a special permit approved by the
Harbor Resources Division.
F. U.S. Bulkhead Sta. No. 114 to No. 119. Piers will be permitted to extend to the U.S. Pierhead Line.
G. U.S. Bulkhead Sta. No. 119 to No. 120. Piers may be permitted to extend 20 feet beyond the U.S.
Pierhead Line.
H. U.S. Bulkhead Sta. No. 120 to No. 221. Piers may be permitted to extend 20 feet beyond the U.S.
Pierhead Line.
The Rhine. Special permits approved by the Harbor Resources Division shall be required for
construction of piers in the Rhine, extending northerly from U.S. Bulkhead Sta. No. 120.
16
•
•
•
Page 17
• J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be permitted to extend 20 feet
channelward of the U.S. Pierhead Line.
K. West Newport Channels. Piers may be permitted in the Rivo Alto, the Rialto, and the channel
lying westerly of Newport Boulevard. Piers, slips, and floats will be permitted to extend
channelward a distance of 30 feet maximum from the channel lines in the Rivo Alto, the Rialto,
and the channel lying westerly of Newport Boulevard. Property extending to the ordinary high
tide line, with a frontage exceeding thirty (30) feet will be allowed 1 -foot increase in float width
parallel to the Pierhead Line, for each additional 2 feet frontage.
The piers, slips and floats in Balboa Coves shall not extend into the channel a distance greater than
30 feet from north line of channel shown on Tract 1011. Floats. Up to 20 feet in length may extend
into the bay the 30 feet from the said line of waterway; however, for floats over 20 feet in length,
the 30 feet distance shall be reduced 1 -foot for each 2 feet added to the length of the float. The
maximum permissible length of float shall be 30 feet. (Second paragraph of Sec. 23 (k) added by
Resolution No. 6139.)
L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to extend to the U.S.
Pierhead line.
M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be permitted to extend to the bulkhead
line.
N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to extend to the U.S.
Pierhead line.
• O. U.S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to extend 20 feet
channelward of the U.S. Pierhead Line.
Upper Bay. Piers or boat slips may be permitted to extend to the pierhead lines as shown on
Harbor Lines Map approved by City Council and on file in the Public Works Department.
Q. U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be permitted to extend to the U.S.
Pierhead Line.
R. U.S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Subdivision. Piers shall be granted
under special permits approved by the Harbor Resources Division to extend 16 feet beyond the
U.S. Pierhead Line.
S. East Property Line of Beacon Bay Subdivision to U.S. Bulkhead Sta. No. 104. Piers may be
permitted to extend 20 feet channelward of the U.S. Pierhead Line.
T. U.S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special permits approved by the
Harbor Resources Division.
U. Bay Island. Piers will be permitted to extend to the U.S. Pierhead Line on the west, northerly and
easterly sides of the Island. Piers will not be permitted on the north side of the channel south of
Bay Island.
• V. Balboa Island. All new piers shall be subject to special permits approved by the Harbor Resources
Division. Revisions to existing piers will be permitted providing they do not lessen the use of
either the immediate water or land areas.
17
Page 18
1. South Bay Front East of U.S. Bulkhead Sta. No. 256. Piers may be permitted to extend 16 feet •
channelward of the U.S. Pierhead Line. Dredging around floats shall not exceed a depth of 4 feet a
mean lower low water along a line 85 feet channelward of and parallel to the bulkhead line.
2. South Bay Front between U.S. Bulkhead Sta. No. 256 and No. 259. Piers may be permitted to
extend 10 feet channelward of the U.S. Pierhead Line. Dredging around floats shall not exceed a
depth of 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the
bulkhead line.
3. South Bay Front from Emerald Avenue Northwesterly to the Westerly Prolongation of the
Northerly Line of Lot 5, Block 1, Resubdivision of Section 1, and Balboa Island. Piers will be
permitted to extend to City pierhead line. Dredging around floats shall not exceed a depth of 2
feet at mean lower low water along a line 45 feet channelward of and parallel to the existing
concrete bulkhead.
4. North Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead Line,
except where a pier line has been established by the City. Dredging around floats shall not exceed
a depth of 2 feet at mean lower low water along a line 60 feet channelward of the parallel to the
U.S. Bulkhead Line or the existing concrete bulkhead.
5. East Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead Line
northerly of the northerly line of Park Avenue and 16 feet channelward of the U.S. Pierhead Line
southerly of the northerly line of Park Avenue. Dredging around floats shall not exceed a depth of
2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead
line. •
W. Collins Isle. Piers will be permitted to extend to the U.S. Pierhead Line on the southwest and west
side of Collins Isle. No piers will be permitted on the north or east side of Collins Isle.
X. Harbor Island. Piers will be permitted to extend to the U.S. Pierhead Line. Special permits
approved by the Harbor Resources Division will be required for piers northeasterly of Lots 14, 15,
16 and 36.
Y. Lido Isle. Piers may be permitted to extend out to the U.S. Pierhead Line, except on the westerly
side between U.S. Bulkhead Sta. No. 172 and No. 174. Piers may be permitted to extend 20 feet
beyond the U.S. Pierhead Line between U.S. Bulkhead Sta. No. 172 and 174.
1. Piers and floats will not be permitted in the beach area along the northerly side of Lido Isle
between the easterly line of Lot 849 and the westerly line of Lot 493.
2. Piers and floats will not be permitted in the beach area along the southerly side of Lido Isle
between the easterly line of Lot 919 and the westerly line of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the pierhead lines as shown on Harbor
Lines Map approved by City Council and on file in the Public Works Department.
EXCEPTIONS
Exceptions may be approved to any of the requirements and regulations set forth if there are special
circumstances or conditions affecting the harbor installations that would impose undue hardship on the •
18
Page 19
• applicant, or a waterfront property owner's access to the water is impacted by a public works project, or
if it would be detrimental to the best interest of the City.
SIGNS
A. No signs shall be permitted beyond the bulkhead lines with the exception of the following:
1. Informational and directional signs of service to the public such as fuel, gasoline, live bait, ice, beer
and similar signs which in general list services and commodities but do not advertise a specific
brand.
2. Brand name signs which are customarily a part of a fuel pump or a vending machine installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area.
STORAGE LOCKERS
Storage lockers and boat boxes may be installed on shore - connected piers and floats subject to the
following limitations:
A. The overall height shall not exceed 30 inches when located bayward of residential property zones.
B. The overall height shall not exceed 30 inches when located bayward of commercial and industrial
property zones where the piers and floats are used primarily for the mooring of pleasure boats.
is C. The overall height shall not exceed 60 inches when located on facilities bayward of commercial and
industrial zoned property where the use is not primarily for the mooring of pleasure boats.
The overall height shall be measured from the deck of the pier or float to the top of the storage
locker.
(Sec. 26 adopted as Sec. 2 of Addendum No.1 by Resolution No. 6041.)
RACE COMMITTEE PLATFORM
Race committee platforms and instruction platforms may be constructed bayward of the bulkhead lines at
recognized yacht clubs and recognized sailing schools. All work shall require issuance of a Harbor
Permit.
ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting upland property owned by others, a
new permit, shall be required upon:
A. Any change in type of existing use of the piers and floats.
B. Any change in type of existing use of the abutting upland property owned by the permittee.
C. Any change of existing ownership of the abutting upland property owned by the permittee or
• upon the death of the permittee.
19
Page 20
D. Any destruction of the pier and float in which over 60% of the replacement value of the pier and
float has been destroyed. •
Before the Harbor Resources Division acts on the new permit, the owner of the abutting upland property,
in front of which the harbor facility encroaches, shall be notified in writing of the meeting in which the
new permit will be considered.
PATIO DECKS
In areas where the waterways are privately owned, and within Promontory Bay, patio type decks may be
cantilevered beyond the established bulkhead lines subject to the following conditions:
A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited
to 5 feet.
B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet.
C. No float shall be permitted within 2 feet of the decks.
D. No permanent structure shall be permitted on the projecting portion of the patios except
1. Planters and benches not over 16 inches in height.
2. Railings not over 42 inches in height with approximately 95% open area
FLOATING DRY DOCKS •
A. Permits for floating dry docks may be considered by the Harbor Resources Division, subject to the
following conditions:
The location is in waters bayward of commercial, manufacturing or unclassified zones.
2. The prior approval of a Use Permit by the Planning Commission.
B. Permits for floating dry docks are issued for one location only. A new permit must be obtained to
move a floating dry dock from one location to another location within the harbor.
PROMONTORY BAY
The following conditions are to be placed on each harbor permit when approved:
A. That the permittee shall be responsible and maintain the area delineated on the harbor permit free
and clear from floating rubbish, debris or litter at all times.
B. That the permittee shall be responsible for all maintenance dredging, in accordance with the
design profile for Promontory Bay, for the area between the bulkhead line and pierhead line as
delineated by the harbor permit.
GRAND CANAL
A. The following conditions are to be in effect and placed on each harbor permit for the Grand Canal: •
20
Page 21
• 1.
That the permittee shall be allowed either one pier platform, or in lieu thereof, two shore mooring
type appurtenances per lot. Pier platforms and shore moorings shall be constructed according to
"Design Criteria and Standard Drawings for Harbor Construction" adopted by the City of
Newport Beach.
2.
That all vessels (maximum length 18 feet) moored in the Grand Canal shall be tied off to pier
platform structures or shore moorings. Floating platforms or slips will not be allowed. Vessels
tied to the bulkhead or by alternate methods not approved by the Harbor Resources Division shall
be prohibited.
3.
That the permittee shall be allowed no more than one vessel per shore mooring.
4.
That any shore mooring approved for the Grand Canal shall display a permit number issued by
the Harbor Resources Division.
5.
That each vessel tied to any pier platforms in the Grand Canal be anchored from the stem in such a
method as to prevent the vessel from swinging into adjoining vessels or across bayward
prolongations of private property lines.
B.
There shall be no permits issued for shore moorings or pier platforms fronting on alleys, avenues
or other public easements terminating on the Canal.
C.
There shall be no new permits issued for shore moorings or pier platforms bayward of those lots at
the extreme south end and north end of Grand Canal.
• OCEAN FRONT SAND DUNES
As a result of wind, storm and tidal conditions, sand has built up in specific locations forming sand
dunes. These range from a height of a few inches to as much as five feet This build up can present
problems for adjacent property owners in the form of increased pressure on ornamental and retaining
walls and interfering with views of the ocean. To resolve these problems, property owners may apply
for a Harbor Permit to do excavation of beach sand directly oceanward of their property in the area
bounded by the prolongation of their side property lines.
Reaffirmed - January 24,1994
Amended - June 27,1994
Amended -June 26,1995
Amended - March 25,1996
Amended - June 8,1998 (effective July 22,1998)
Amended - December 14,1998
Amended - May 8, 2001
21
•
•
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July 9, 2001
Re: Berthing of 56' Yacht on Public Beach
Cook's Residence on Balboa Island
Dear Mayor and City Council Members:
We come to you in the hope that you will consider this issue very carefully
and that you will have the foresight to evaluate the long -term impact that any
approval will have on the future of Balboa Island. This is not a personal
issue. No one is attempting to hurt the Cooks in anyway. This is about
preserving the charm and the public's enjoyment of a special place that has
been this city's number one tourist attraction for generations.
This is about protecting our children and grandchildren who have come to
know the public beaches of Balboa Island as a safe place to swim and play
(See photo #1).Oversized yachts will severely impact the safety of these
beaches by obstructing visibility in this very narrow but busy channel. This
lack of visibility forces beach goers to desert these obstructed beaches and
crowd onto the beaches that are left (See photo #2 taken during Fourth of
July boat parade).
These oversized vessels on the South Bayfront will severely impact the
public's viewing of the many bay activities that we have all come to know
and have enjoyed for years, such as the Christmas Boat Parade, the Thursday
Beer Can Races, Fourth of July Parade, the Wooden Sailboat Classic, and
the Character Boat Parade, etc. (See Photo #3)
Why should any one person have the right to take away the public's
enjoyment of Newport Bay (See Photo #3)?
What about the public's rights? (See Photo #4)
What about the property rights of the majority of our island residents who do
not live on the bayfront? Do we only own the land and have the privilege to
our docks, or do we own the water, too?
And what about the ecology of our bay? (See Photo #5)
e
And last but most importantly —what about the rights of our children and
grandchildren?
IF NONE OF THESE THIINGS ARE IMPORTANT TO OUR CITY
OFFICIALS, THAN TELL US WHAT IS ??
cc: Homer L. Bludau
City Manager
Bob Burnham
City Attorney
Sincerely,
Pam Sigband representing
Balboa Residents and Many
of its Visitors
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BEN L. SCHMID
CONSULTING STRUCTURAL ENGINEER
203 PEARL AVENUE
BALBOA ISLAND. CALIFORNIA 92662
BUS: (949) 673.6339 FAX: (949)673.6047
July 9, 2001
Mayor Gary Adams and City Council Members
City Hall
3300 Newport Blvd.
Newport Beach, CA 92663
"RECEIVED AFTER AGEl01R
PRINITEC:" S53 J- PI -_0.1
Subject: City Council Meeting, July 10 at 4:00 P.M. regarding
mooring on pier docking of 55 ft. yacht on South Bay
between Amethyst and Apolena, Balboa Island.
Dear Mayor and City Council Members:
I have previously read of and observed the mooring of the 55
foot long yacht on Saturday morning, July 7, 2001.
As 15 year resident at 203 Pearl Ave. and 45 year owner of the
property, I have a very strong opinion and a suggestion to deal
with the boat /property Owners request.
For the first 25 years of ownership, our house was used as a
summer place. Our children and their mother came to stay the
entire summer as members of the Balboa Island Yacht Club and
other activities along the South Bay that we were involved in.
We had the nearest off -shore mooring at Apolena for a 32 foot
racing sail -boat.
The sandy beaches at both the South and North Bays were used by
owners, visitors and largely by small children.
The sandy beaches ended to the west of Garnet on both the North and
South Bays. That's where the larger boats (over 35 ft. to 40 ft.
long) were and are birthed.
The solution you may choose to adopt as a resolution is to re-
strict the length of any vessel greater than 40 feet in length
between the Grand Canal and Garnet.
I paced as a Civil Engineer the length or sail and power boats
tied to docks on the South Bay east of Garnet and found the
longest to be 40 feet. The 40 foot length fit the "tee" and
"finger" docks well and have been a given for the past 40 years.
If you acceed to the request of this family, you will invite those
with even larger boats and with even more money to violate the
play areas of the sandybeaches of Balboa Island.
The signed request that you deny the Application (or experiment)
and draft an Ordinance that will fit the extensive use of the
sandy beaches with minimum view deterioration. The Ordinance
should limit the length of docked vessels to 40 feet maximum between
the Grand Canal and Garnet Avenue on both the South and North Bays.
Past City Councils have considered the
Little Balboa Islands, with a resulting
maximum building area of a residence to
age excluding required set - backs.
Respectfully Submitted,
uniqueness of Balboa and
Ordinance limiting. the
150% of the net lot foot-
NAME ADDRESS
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Attention!!! Attention!!!!
Balboa Island needs your help!
If you are concerned about the issue of Wirge
yachts being allowed to permanently park
along the bayfront, where beaches exist,
please attend the following -
The City Council Meeting at City Half
July 10 at 4p.m.
City Hall is situated behind Lido Island at
the top of the peninsula.
If the boat, presently moored between
Amethyst and Apolena, is allowed to. stay it
will set a precedence for more to come. It will
change not only the character of our Island,
but also the safety of our beaches and the
views we all enjoy while participating in
many bayside activities. These yachts should
be in slips or on outside moorings.
OUR BIGGEST STRENGTH IS IN OUR
NUMBERS!!
07/10/01 TUE 15:20 FAX 949 675 7610 LA NTMA BOB KNUTSEN 11001
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FAX 1 page including cover
To: City Council Members of Newport Beacb FAX 6443339
From: Bob Knutsen & Shirley Knutsen FAX (949) 675 -7610
Date Sent: July 10, 2W I
We cannot attend the Council Meeting tonight at A p.m.; but, we are opposed to
allowing the large yachts to be moored along the Balboa Island beaches. We are thirty -year
residents of the Island and feet this variance would be a detriment. Not only blocking the
view, but if allowed to moor horizontally it would impede swimmers and, we believe, it
would prevent normal flushing action of the tides. If they are allowed to moor vertically, it
seems that its length would block the passage way between on -shore moorings and off-
shore moorings.
Bob & Shirley Knutsen
321 Coral Ave. Balboa Island, 9x..662
(949) 675 -6342 FAX (949) 675 -7610