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Reconsideration of the City Council's Decision on May 28, 2019 to Approve the <br />Application for a Reconfigured Residential Dock at <br />939 Via Lido Soud <br />June 25, 2019 <br />Page 2 <br />DISCUSSION: <br />Pier and Float Limits Channelward — Council Policy H-1 <br />Newport Beach Municipal Code ("NBMC") Section 17.35.030(A) provides that piers and <br />floats may not extend beyond the pierhead line unless approved by Council Policy. In <br />2018, City Council Policy H-1 was amended so that piers or floats may not extend beyond <br />the pierhead line unless a determination is made that the extension will not negatively <br />affect (1) navigation, (2) adjacent property owners, and (3) existing harbor uses. <br />Vessel Limits Channelward <br />NBMC Section 17.25.020(C)(2) states that boats may not extend bayward beyond the <br />end of the slip by more than the vessel's beam (width). With the exception of a small area <br />along South Bay Front on Balboa Island, this rule applies harbor -wide, and is factored <br />into the decision making process when considering dock construction projects. <br />Existing Permit and Residential Dock Configuration <br />The applicant at 939 Via Lido Soud currently has a residential dock on the easterly tip of <br />Lido Isle, opposite Bay Island, and adjacent to the designated short-term anchorage area. <br />The float is currently configured as a U -shape and is angled to the north. According to <br />the applicant's current permit on file, the existing float is permitted to extend to the <br />pierhead line, but not beyond. However, the float was built approximately 7-8 feet beyond <br />the pierhead line as shown on the aerial photos in Attachment A. (Note: Aerial photos and <br />GIS measurements represent existing conditions to the best of their ability, but should not <br />be relied upon for exact measurements.) <br />2018 Application for Residential Dock Reconfiguration <br />In October 2018, the applicant submitted a proposal to remove the existing pier -approach, <br />gangway and U -shape float, and replace it with a new gangway lobe, gangway and <br />reconfigured U -shape float which would extend 16 feet beyond the pierhead line <br />("Project"). (Attachment B) Staff denied the request based on City Council Policy H-1 <br />which does not allow floats to extend beyond the pierhead line unless approved by the <br />Harbor Commission. <br />Harbor Commission Appeal (February 13, 2019) <br />The applicant appealed the Public Works Director's denial to the Harbor Commission, <br />and a public hearing was held on February 13, 2019. The Harbor Commission upheld <br />the Public Works Director's denial (6-1) because the Harbor Commission was not able to <br />make findings to approve the proposal. <br />18-2 <br />