HomeMy WebLinkAbout2008-2 - Amending Title 17 of the Newport Beach Municipal Code Relating to a Complete Reorganization of the Title with Minor Revisions ThroughoutORDINANCE NO. 2008 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
TITLE 17 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO A COMPLETE REORGANIZATION
OF THE TITLE WITH MINOR REVISIONS
THROUGHOUT
WHEREAS, City staff was actively creating the City's Implementation Plan which
is a document consisting of zoning ordinances, zoning district maps and other legal
instruments necessary to implement the City's Land Use Plan; and
WHEREAS, City staff found it necessary to incorporate some of the Local
Coastal Program Policies into Title 17 of the Municipal Code; and
WHEREAS, In order to effectively position these Policies into the Code, Title 17
should be completely reorganized into a logical format that more closely follows the
zoning code's organizational style; and
WHEREAS, this reorganization is consistent with the City Council's priority of
aligning the City codes, regulations and policies to the General Plan; and,
NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as
follows:
SECTION 1: Title 17 of the Newport Beach Municipal Code shall be amended as
provided in Appendix A.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 8"' day of January, 2008, and adopted on the 22nd day
of January, 2008, by the following vote, to wit:
AYES,
COUNCIL MEMBERS Henn,Rosansky, Daigle,
Webb.Curry.Gardnar, Mayor SPljrh
NOES,
COUNCIL MEMBERSN�„P
COUNCIL MEMBERS None
ATTEST:
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L►
MAYOR
Attachment A
TITLE 17
HARBOR CODE
Chapters:
17.01
DEFINITIONS
17.05
GENERAL PROVISIONS
17.10
MARINE ACTIVITIES PERMIT
17.20
VESSEL LAUNCHING AND OPERATION
17.25
BERTHING, MOORING AND STORAGE
17.30
HARBOR USE REGULATIONS
17.35
HARBOR DEVELOPMENT REGULATIONS
17.40
LIVE - ABOARDS
17.45
SANITATION
17.50
HARBOR DEVELOPMENT PERMITS
17.55
DREDGING PERMITS
17.60
HARBOR PERMITS AND LEASES
17.65
APPEALS
17.70
ENFORCEMENT
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Chapter 17.01
DEFINITIONS
Sections:
17.01.010
Effect of Chapter.
17.01.020
Rules for Construction of Language.
17.01.030
Definition of Terms.
17.01.010 Effect of Chapter.
For the purposes of this title, the words and phrases herein defined shall, unless the
context clearly indicates otherwise, have the meanings herein set forth in this chapter.
17.01.020 Rules for Construction of Language.
In addition to the General Provisions of the Municipal Code, the following rules of
construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall
be interpreted as follows:
1. "And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly or
in any combination.
3. "Either ... or" indicates that the connected words or provisions shall apply
singly but not in combination.
C. In case of conflict between the text and a diagram, the text shall control.
D. All references to departments, commissions, boards, or other'public agencies are
to those of the City of Newport Beach, unless otherwise indicated.
E. All references to public officials are to those of the City of Newport Beach, unless
otherwise indicated.
17.01.030 Definition of Terns.
A. Definitions: A
1. Alteration Construction. The term "Alteration Construction" shall mean
i�
the construction work relating to 20% to 50% of the total replacement
value of the dock, as well as other criteria as stated in subsequent
sections of this document. Construction estimates and the total value
of work on any given project is based on pre - determined values of
various work on record and established by the City of Newport Beach.
Alteration construction requires city, state and federal approvals.
2. Anchorage or Anchorage Area. The terms "Anchorage" and
"Anchorage Area" shall mean any portion of Newport Harbor outside of
navigation channels which has been designated pursuant to law and
approved by the federal government for the temporary anchorage of
vessels, using the vessel's own anchoring tackle.
3. Applicant. The term "Applicant' shall mean the owner of the business
or vessel, an authorized representative of the owner or a person as
defined further herein.
B. Definitions: B
1. Back Bay. See Upper Newport Bay.
2. Bareboat Charter. The term " Bareboat Charter' shall mean any vessel
not inspected by the United States Coast Guard under Title 46 of the
Code of Federal Regulations and which has been chartered for
consideration.
3. Beach. The term "Beach" shall mean the expanse of sand, gravel,
cobble or other unconsolidated material that extends landward from
the low water line to the place where there is distinguishable change in
physlographic form, or to the line of permanent vegetation. The
seaward limit of a beach (unless specified otherwise) is the mean low
water line.
4. Beam. The term "Beam" shall mean the width of a vessel. Vessel
beams are generally critical at two locations of the boat; i.e., at the
waterline where the boat directly interfaces the dock, as well as at the
walking deck; i.e., the widest point of the vessel. For the purpose of
compliance with any measurement requirements, the beam shall be
interpreted as the widest point of the vessel.
5. Berth. The term "Berth" shall mean any location such as a floating
dock, slip, side tie, mooring and the related area (berthing area or
space) adjacent to or around it, allocated to tie up and /or store a boat.
6. Board. The term "Board" shall mean the Board of Supervisors of the
County of Orange as the governing body of the Harbor, Beaches and
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Parks Department.
7. Breakwater. The term "Breakwater" shall mean a structure or barrier
protecting a shore area, harbor, anchorage, or basin from waves,
usually constructed as a concrete or riprap (rock wall) structure.
8. Building Director. The term "Building Director" shall mean the Building
Director of the City of Newport Beach, or the Building Director's
designee.
9. Bulkhead or Seawall. The term "Bulkhead" or "Seawall" shall mean the
retaining wall that separates dry land areas and water areas.
10. Bulkhead Line. The term "Bulkhead Line" shall mean the harbor
land /water perimeter lines established in Newport Harbor by the
federal government which define the permitted limit of filling or solid
structures that may be constructed in the Harbor. The establishment
of Bulkhead Lines does not necessarily allow the property owner to
build to the limits of the Bulkhead Line due to potential environmental
considerations established by the State of California and /or the federal
government.
11. Business or Business Activity. The terms "Business" and "Business
Activity" shall mean all activities engaged in for gain, benefit,
advantage or livelihood to any person, directly or indirectly, including
but not limited to, any profession, trade, occupation, employment or
calling engaged in trade, commerce, the exchange of goods, services,
or property of any kind, transportation of persons as well as goods,
communication, renting or leasing real or personal property or that
provides any service.
C. Definitions: C
1. Caulerpa. The term " Caulerpa" shall mean an invasive Mediterranean
seaweed ( Caulerpa taxifolia) introduced to southern California in 2000
that has a potential to cause severe ecological damage to coastal and
nearshore waters.
2. Certified Charter. The term "Certified Charter" shall mean any vessel
inspected by the United States Coast Guard under Title 46 of the Code
of Regulations and which has been chartered for consideration.
3. Channel. The term "Channel" shall mean a water area in Newport
Harbor designated for vessel navigation with necessary width and
depth requirements, and which may be marked or otherwise
designated on federal navigation charts, as well as in other sources.
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4. Chartered for Consideration. The term "Chartered for Consideration"
shall mean any vessel which has been hired or leased by the owner,
directly or through an authorized representative, to any person for a
voyage in exchange for the payment of money, the receipt of
something of value, or the forgiveness of a debt.
5. City. The term "City" shall mean City of Newport Beach.
6. City Council. The term "City Council" shall mean the City Council of
the City of Newport Beach,
7. City Manager. The term "City Manager" shall mean the City Manager
of the City of Newport Beach or his or her respective designee.
8. City Tide and Submerged Land. The term "City Tide and Submerged
Land" shall mean that area within Newport Harbor granted to the City
by the State of Califomia.
9. Coastal Access. The term "Coastal Access" shall mean the ability of
the public to reach, use or view the shoreline of coastal waters or
inland coastal recreation areas and trails.
10. Coastal Commission. The term "Coastal Commission" shall mean the
Califomia Coastal Commission, the state agency established by state
law responsible for carrying out the provisions of the Coastal Act and
for review of coastal permits on appeal from local agencies.
11. Coastal- Dependent Development or Use. The terms "Coastal -
Dependent Development" or "Coastal- Dependent Use" shall mean any
development or use which requires a site on, or adjacent to, the sea to
be able to function at all (from Califomia Public Resources Code,
Section 30101).
12. Commercial. The term "Commercial" shall mean any business activity
whether the business activity is non -profit or for -profit. Commercial
activities shall include; but are not limited to, marinas, charter facilities,
yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and
any other business activity.
13. Commercial Fishing Vessel. The term "Commercial Fishing Vessel"
shall mean a vessel registered by the Department of Fish and Game
pursuant to Section 7880 of the Fish and Game Code of the State of
Califomia, when operating under the authority of the Fish and Game
permit.
A
14. Current. The term "Current" shall mean a flow of water in a particular
direction. Such flows can be driven by wind, temperature or density
differences, tidal forces, and wave energy. Currents are often classified
by location, such as longshore current, surface current or deep ocean
currents. Different currents can occur in the same general area
resulting in different water flows. For example, a rip current can flow
perpendicular to the shore through the surf zone, a long shore current
may flow southerly, parallel to the coast and seasonal deep water
current may flow to the north.
D. Definitions: D
1. Design Criteria. The term "Design Criteria" refers to "Waterfront
Project Guidelines and Standards, Harbor Design Criteria —
Commercial and Residential Facilities" adopted by the City of Newport
Beach, and as amended from time to time, as minimum standards for
design whenever harbor permits are required. The City of Newport
Beach Building Department may require additional requirements,
based on the specific details of a particular application and project.
2. Director. The term "Director' shall mean the Director of the Harbors,
Beaches and Parks Department of the County of Orange.
3. Dock. The term "Dock" shall mean a structure generally linked to the
shoreline to which a vessel may be secured. A dock may be fixed to
the shore or fixed on pilings, or may float in the water.
4. Dolphin. The term "Dolphin" shall mean a multi -pile structure that is
used for mooring large boats that generally cannot be accommodated
by floating docks.
5. Dry (Boat) Storage. The terms "Dry Storage" or "Dry Boat Storage"
shall mean all on -land storage of vessels including vessels normally
stored in open or enclosed rack strictures, on trailers, on cradles, on
boat stands, or by other means.
E. Definitions: E
1. Eelgrass. The term " Eelgrass" shall mean a marine flowering plant
(Zostera marina) that is found primarily in coastal bays and estuaries
on soft substrate.
2. Encroachment. The term "Encroachment" shall mean the extension of
a building, structure or other improvement, or part thereof, on the
property or domain of another.
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3. End Tie. The term "End Tie" shall mean berths located on the
outermost end of a floating dock structure where the dock is alongside
only one side of the boat. The boats associated with an end tie may
be situated beyond the Pierhead Line along the channel.
4. Erosion. The term "Erosion" shall mean the wearing away of land by
natural forces. On a beach, erosion is the carrying away of beach
material by wave action, currents or wind.
5. Estuary. The term "Estuary' shall mean the region near a creek or
river mouth in which the fresh water of the river mixes with the salt
water of the sea.
F. Definitions: F
1. Fairway. The term "Fairway' shall mean an area of water adjacent to
slips that feeds into a channel, and which is used for direct access to
slips. The fairway water area is defined as lying between the outer end
of a line of fingers and the nearest obstruction on the opposing side
(i.e., other slips, bulkhead, vessels on side ties, etc...)
2. Federal Channel. The term "Federal Channel" shall mean that area of
the Lower Newport Bay described by the Army Corps of Engineers,
Chief of Engineer to Congress on November 11, 1936 as recorded in
the 1 st Session of the 75th Congress in 1937.
3. Finger. The term "Finger" shall mean a portion of a floating dock
section that is perpendicular to the walkways and is used for tying up
and boarding vessels.
4. Fire Chief. The term "Fire Chief" shall mean the Fire Chief of the City
of Newport Beach or his or her respective designee.
5. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems,
the term "Freeboard" shall mean the distance between the water
surface and the walking surface of the dock system. Generally
two conditions are of interest when referring to freeboard: 1)
Dead Load only freeboard, and 2) Dead plus Live Load
freeboard. Dead Load refers to the weight of all construction
materials and equipment that may be permanently attached to
the docks. Live Load refers to the weight of all temporary loads
such as pedestrians and berthing loads.
b. Vessel Freeboard. For the purposes of vessels, the term
f:]
"Freeboard" shall mean the vertical distance between the
waterline and the top of the deck.
6. Functional Capacity. In terms of wetlands and estuaries, the term
"Functional Capacity" shall mean the ability of the wetland or estuary to
be self- sustaining and to maintain natural species diversity.
G. Definitions: G
1. Gangway. The term "Gangway" shall mean a structure that provides
pedestrian access from land to the floating docks. One end is
generally attached to the bulkhead, fixed pier or landside with a hinge,
and the other end rolls on gangway wheels or slide plates, which rest
directly on the dock surface. The word "brow" is synonymous with
"gangway."
2. Groin. The term "Groin" shall mean a shoreline protection structure
built, usually perpendicular to the shoreline, to trap nearshore sediment
or retard erosion of the shore. A series of groins acting together to
protect a section of beach is known as a groin system or groin field. A
structure that extends from a beach or bulkhead perpendicularly to the
shoreline into tidal waters is intended to trap and retain and /or reduce
the erosion of sand and retard the general erosion of the shoreline and
undermining of shore protection structures (bulkheads, riprap slopes,
etc... )
H. Definitions: H
1. Harbor Commission. The term "Harbor Commission" shall mean the
Harbor Commission of the City of Newport Beach.
2. Harbor Lines. The term "Harbor Lines" shall mean all established
Bulkhead, Pierhead, and Project Lines as defined within Newport
Harbor by the federal, state, county and city governments. The Harbor
Lines in Lower Newport Bay have been established by an act of the
U.S. Congress and can only be modified by an act of Congress.
3. Harbor Maintenance Uses, Equipment and Facilities. The terms
"Harbor Maintenance Uses, Equipment and Facilities" shall mean all
uses and their related equipment, vessels, docking, and land storage
facilities and access which provide: dredging and beach
replenishment; demolition, repair and new construction of docks, piers,
bulkheads, and other in- and -over -water structures; mooring
maintenance and repair; waterbome debris and pollution control,
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collection, and removal. This category also includes environmental,
survey, or scientific vessels and related equipment based, or on
assignment, in Newport Harbor. All vessels under this definition may
also be referred to as "work boats."
4. Harbormaster. The term "Harbormaster" shall mean the commander of
the Orange County Sheriff's Harbor Patrol Division, or successor
entity.
5. Harbor Regulations. The term "Harbor Regulations" refers to Title 17
of the Newport Beach Municipal Code.
6. Harbor Resources Manager. The term "Harbor Resources Manager'
shall mean the Harbor Resources Manager of the City of Newport
Beach, or the Harbor Resources Managers designee.
7. Harbor Structures. The term "Harbor Structures" refers to any pier,
float, piling, bulkhead, seawall, reef, breakwater or any other structure
in, upon or over the waters of Newport Harbor or the Pack Ocean or
any other water where the tide ebbs and flows within the City of
Newport Beach or adjoining waters.
8. Habitat. The term "Habitat" shall mean the locality, including the
physical and biological environment, in which a plant or animal lives.
9. Headwalk. The term "Headwalk" shall mean that portion of a dock that
serves as a primary pedestrian access to mainwalks, fingers, and slips.
Fingers may be attached directly to headwalks. Headwalks are
generally parallel to the bulkhead. The term "Marginal Walk" is
synonymous with "Headwalk."
10. Houseboat. The term "Houseboat" shall mean any vessel or structure
on or in any waterway, floating or non - floating, which is designed or
fitted out as a place of habitation and is not principally used for
transportation.
I. Definitions: L
1. Launching Facility. The term "Launching Facility" shall mean a generic
term referring to any location, structure (ramps, docks), and equipment
(cranes, lifts, hoists, etc.) where vessels may be placed into and
retrieved from the Harbor waters.
2. LCP. See Local Coastal Program.
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3. Live - Aboard. The term "Live- Aboard" shall mean the use or occupancy
of a vessel as a domicile for a period exceeding 72 hours in any thirty
(30) day period.
4. Local Coastal Program (LCP). The term "Local Coastal Program"
shall mean a local government's (a) land use plans, (b) zoning
ordinances, (c) zoning district maps, and (d) within sensitive coastal
resources areas, other implementing actions which, when taken
together, meet the requirements of, and implement the provisions and
policies of the Coastal Act at the local level.
5. Longshore. The term " Longshore" shall mean parallel to and near the
shoreline.
6. Lower Newport Bay. The term "Lower Newport Bay' shall mean the
area of the Bay southerly of the Coast Highway.
J. Definitions: M
1. Maintenance Construction. The term "Maintenance Construction" shall
mean the construction work relating to no more than 20% of the total
replacement value of the dock, as well as other criteria as stated in
subsequent sections of this document. Construction estimates and the
total value of work on any given project is based on pre - determined
values of various work on record and established by the City of
Newport Beach. Maintenance construction only requires City of
Newport Beach approval.
2. Mainwalk. The term " Mainwalk" shall mean that portion of a dock that
serves as a primary pedestrian access to fingers and slips. Fingers
are generally attached directly to mainwalks. Mainwalks are generally
perpendicular to the bulkhead and headwalk, and may connect directly
to a headwalk.
3. Marina. The term "Marina" shall mean a commercial berthing facility
(other than moorings or anchorage) in which five or more vessels are
continuously wet - stored (in water) and /or dry- stored (on land /racks) for
more than 30 days.
4. Marine Activity Permittee. The term "Marine Activity Permittee" shall
mean any person, or persons, partnership, corporation, or other entity
holding a permit issued pursuant to the provisions of Chapter 17.10 of
the Newport Beach Municipal Code.
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5. Marine Sales and Services, Uses and Vessels. The terms "Marine
Sales and Services, Uses and Vessels" shall mean related business
activities which provide repair, maintenance, new construction, parts
and supplies, fueling, waste removal, cleaning, and related services to
vessels berthed in, or visiting, Newport Harbor. Typical service uses
include, but are not limited to, all uses and vessels described under
Section 20.05.050 of the City of Newport Beach Municipal Code.
6. Mean High Water. The term "Mean High Water" shall mean the 19-
year average of the higher high water heights (for diurnal tides, high
water and higher high water are the same).
7. Mean Higher High Water. The term "Mean Higher High Water' shall
mean the 19 -year average of only the higher high water heights.
8. Mean Low Water. The term "Mean Low Water" shall mean the 19 -year
average of the lower low water heights (for diurnal tides, low water and
lower low water are the same).
9. Mean Lower Low Water (MLLW). The term "Mean Lower Low Water'
shall mean the 19 -year average of only the lower low water heights.
MLLW refers to the datum used to define elevations of structures within
the bay and along the coastline. For landside developments using a
MSL (Mean Sea Level) datum, add 2.76 feet to MSL elevations to
equate to MLLW elevations.
10. Mono Pile. The term "Mono Pile" shall mean a normally large diameter
pile that is used for mooring large boats that generally cannot be
accommodated by floating docks. Generally, mono piles and dolphin
piles are used for similar purposes.
11. Mooring. The term "Mooring" shall mean a device consisting of a
floating buoy or other object that is secured to the Harbor bottom by an
anchor system for purposes of securing a vessel. The term "Mooring"
shall mean any appliance used to secure a vessel in Newport Harbor
other than a pier, which is not carried aboard such vessel as regular
equipment when underway.
12. Mooring Area. The term "Mooring Area" shall mean an area
designated for a group of moorings.
13. Motorboat. The term "Motorboat' shall mean any vessel being
propelled by machinery.
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14. Mud Line. The term "Mud Line" shall mean the highest elevation of
accumulated sediments adjacent to the structure in question.
K. Definitions: N
New Construction. The term "New Construction" shall mean the
construction work relating to 50 % or more of the total replacement
value of the dock, as well as other criteria as stated in subsequent
sections of this document. Construction estimates and the total value
of work on any given project is based on pre - determined values of
various work on record and established by the City of Newport Beach.
New construction requires city, state and federal approvals.
2. Newport Bay. The terms "Newport Bay" and "Newport HarborA are
often used interchangeably. The term "Newport Bay" shall mean the
estuary consisting of the Lower Newport Bay and the Upper Newport
Bay.
Newport Harbor. See also Newport Bay. The term "Newport Harbor"
shall mean the water area within the Lower Newport Bay and within the
Upper Newport Bay, exclusive of the Upper Newport Bay Marine Park.
4. Non -Profit Organization. The term "Non -Profit Organization" shall
mean an entity designated as tax exempt by the Internal Revenue
Service or the State Franchise Tax Board.
L. Definitions:O
Offshore Mooring. The term "Offshore Mooring" shall mean a single or
double buoy, weight and chain installed for the purpose of berthing a
vessel as provided by Chapter 17.25 of the Newport Beach Municipal
Code.
2. Open Coastal Waters. The term "Open Coastal Waters" shall mean
the area composed of submerged lands at extreme low -water of spring
tide extending seaward to the boundaries of the Exclusive Economic
Zone (12 -200 miles). This includes navigation channels, turning
basins, vessel berthing, anchorage and mooring areas of Newport Bay.
3. Operable. The term "Operable" shall mean capable of maneuvering
under the vessel's own power from the mooring to a demarcation line
designated by the appropriate authority and generally to be defined as
the line between the seaward ends of the Harbor Entrance jetties and
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back to the mooring.
4. Operator. The term "Operator" shall mean the person who operates or
who has charge of the navigation or use of the vessel.
M. Definitions: P
1. Passenger. The term "Passenger° shall mean every person, other
than the operator and a member of the crew or other persons
employed or engaged in any capacity on board a vessel in the
business of that vessel.
2. Permittee. The term "Permittee" shall be the person who holds a
validly issued permit under any provision of this title.
3. Person. The term "Person" shall mean an individual, proprietorship,
firm, partnership, joint venture, syndicate, business trust, company,
corporation, association, committee or any other legally recognized
entity.
4. Pier. The term "Pier" shall mean any fixed or floating structure for
securing vessels, loading or unloading persons or property, or
providing access to or over the water. A pier includes wharf, dock, slip
or float, or any other landing facility and floating dry dock.
a. Commercial Pier. The term "Commercial Pier" shall mean a pier
adjacent to commercially or non - residentially zoned property
with single or multiple berths which are rented or leased,
including any pier used in connection with marinas, charter
facilities, yacht clubs, yacht sales, rental facilities and boat
yards. For purposes of this chapter, multiple piers which are
adjacent to a lot or parcel of land occupied by a multifamily
dwelling or dwelling units that are income generating, and
structures adjacent to commercially zoned uplands that are
business or income generating in nature, shall be deemed
commercial.
b. Non - Commercial Pier. The term "Non - Commercial Pier" shall
mean a pier used for private recreational purposes by the owner
or occupants) of the abutting residentially zoned upland
property.
C. Public Pier. The term "Public Pier" shall mean a pier used for
public recreational purposes provided by a public agency.
im
5. Pierhead Line. The term " Pierhead Line" shall mean the harbor water
area perimeter lines established in Newport Harbor by the federal
government that define the permitted limit of fixed pier, floating dock
and other in -water structures which may be constructed in the Harbor.
The Pierhead Line typically shall define the limit of pier and floating
dock structures and defines the limit of construction except as
otherwise approved by City Council. Vessels may extend channelward
of the Pierhead Line.
6. Planning Director. The term "Planning Director" shall mean the
Planning Director of the City of Newport Beach, or the Planning
Director's designee.
7. Police Chief. The term "Police Chief' shall mean the Chief of Police of
the City of Newport Beach or his or her respective designee or by the
City Council.
8. Project Lines. The term "Project Lines" shall mean the harbor water
area channel lines of the improvements constructed by the federal
government in 1935 -1936, and as shown on navigation charts of
Newport Harbor. Also referred to as the "Federal Channel" (see City of
Newport Beach Waterfront Project Guidelines and Standards, Harbor
Design Criteria — Commercial and Residential Facilities.)
9. Property Owner. The term "Property Owner" shall mean the owner of
the abutting upland property who has obtained a permit to place a
structure in Newport Harbor pursuant to Chapter 17.50.
10. Public Trust Lands. The term "Public Trust Lands" shall mean all lands
subject to the Common Law Public Trust for commerce, navigation,
fisheries, recreation, and other public purposes. Public Trust Lands
include tidelands, submerged lands, the beds of navigable lakes and
rivers, and historic tidelands and submerged lands that are presently
filled or reclaimed and which were subject to the Public Trust at any
time (from California Code of Regulations, Section 13577).
11. Public Works Director. The term "Public Works Director" shall mean
the Public Works Director of the City of Newport Beach, or the Public
Works Director's designee.
N. Definitions: R
1. Residential. The term "Residential" shall mean those properties that
are designated by the zoning code for a residential use, as opposed to
commercial.
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2. Riprap. The term " Riprap" shall mean a protective layer or facing of
rock, concrete blocks or quarry stone, placed to prevent erosion, scour,
or sloughing of an embankment or bluff.
3. Risk Manager. The term "Risk Manager" shall mean the Risk
Manager of the City of Newport Beach, or his or her designee.
O. Definitions: S
1. Sail Area. The term "Sail Area" as defined for the purposes of
structural analysis or berthing facilities and structural pilings shall mean
the area of a boat, above the waterline, that is exposed to wind under
tied /berthed conditions.
2. Sailing Club. The term "Sailing Club" shall mean an organization
operating from a fixed location and principally engaged in the
coordination or facilitation of the use of sailing club operated boats by
its membership.
3. Seaworthy. The term "Seaworthy" shall mean that the vessel's hull,
keel, decking, cabin and mast are structurally sound and generally free
from dry-rot.
4. Shore. The term "Shore" shall mean the narrow strip of land in
immediate contact with the sea, including the zone between high and
low water. A shore of unconsolidated material is usually called a
beach.
5. Shoreline. The term "Shoreline" shall mean the intersection of the
ocean or sea with land; the line delineating the shoreline on National
Oceanic and Atmospheric Administration (NOAA) Office of Coast
Survey nautical charts and surveys approximates the mean low water
line from the time the chart was prepared.
6. Shore Mooring. The term "Shore Mooring" shall mean a mooring for
vessels which are located in the nearshore perimeter of the harbor and
its islands, perpendicular to the shoreline. One end of the mooring line
is attached to a point on or adjacent to the bulkhead, and the other end
is attached to a mooring buoy located in the water, inside or at the
Pierhead Line.
7. Side Tie. The term "Side Tie" shall mean a berth where the dock is
alongside only one side of the boat.
8. Slip. The term "Slip" shall mean a berth where the boat has a finger on
one side and either another finger or adjacent boat on the other side.
16
9. Sport Fishing Charter. The term "Sport Fishing Charter" shall mean a
vessel chartered solely for sport fishing outside of Newport Harbor.
10. Submerged Lands. The term "Submerged Lands" shall mean lands
which lie below the line of mean low tide (from California Code of
Regulations, Section 13577).
P. Definitions: T
Tidelands. The term "Tidelands" shall mean lands that are located
between the lines of mean high tide and mean low tide (from Califomia
Code of Regulations, Section 13577).
2. Tidelands Trust. The term "Tidelands Trust" shall mean all tidelands
and submerged lands granted to the City of Newport Beach by state or
federal legislation and the terms and conditions of any such legislative
grant.
3. Tuming Basin. The term "Tuming Basin" shall refer to an area, often
designated on nautical charts, that is connected to a channel which is
large enough to allow vessels to maneuver or turn around. The term
"Tuming Basin" shall mean that portion of any channel which has been
so designated pursuant to law and approved by the federal
govemment, for the purpose of permitting vessels to turn around or
permitting their course or direction to be altered therein.
Q. Definitions: U
Upper Newport Bay. The terms "Upper Newport Bay" and "Back Bay"
are often used interchangeably. The term "Upper Newport Bay' shall
mean the area of the Bay northerly of the Coast Highway Bridge.
2. Upland: The term "Upland" shall mean land with a shared property line
with and immediately adjacent to Newport Harbor.
R. Definitions: V
Vessel. The term "Vessel" shall mean and include every description of
watercraft used or capable of being used as a means of transportation
on water. This includes all vessels of any size home - ported,
launched /retrieved, or visiting in Newport Harbor, arriving by water or
land, and registered or unregistered under state or federal
requirements, except a seaplane on the water.
2. Vessel Length/Width. The term "Vessel Length/Width" are terms to
17
describe the overall vessel length (Lo) and overall vessel width (Wo)
that include all vessel attachments such as boarding and /or swim
steps, bow extensions, sprits, rub rails etc...
3. Vessel Owner. The term "Vessel Owner" shall mean the owner of the
vessel as shown on current registration with the Department of Motor
Vehicles or the United States Coast Guard. if the vessel is recently
purchased, the vessel owner must obtain registration from the
Department of Motor Vehicles or United States Coast Guard within six
months.
S. Definitions: W
1. Walkway. The term "Walkway" shall mean a walkway on a wide
portion of the floating dock system that is used for pedestrian access.
A walkway can refer to the headwalk, mainwalk and /or fingers.
2. Waters of Newport Harbor. The term "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.
T. Definitions: Z
1. Zostera marina. See Eelgrass.
M
Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.010
Title.
17.05.020
Purpose.
17.05.030
Applicability.
17.05.040
Administrative Authority.
17.05.050
Duties of the City Manager.
17.05.060
Duties of the Harbor Resources Manager.
17.05.065
Duties of the Harbor Commission.
17.05.070
Establishment of Channels, Turning Basins etc.
17.05.080
Public Trust Lands.
17.05.090
Local Coastal Program.
17.05.100
Coordination with Resource Agencies.
17.05.110
Rules for Interpretation.
17.05.120
Payment of Fees.
17.05.130
Permits Non - Transferable.
17.05.010 Title.
This title shall be known as the "City of Newport Beach Harbor Code" and referred to as
the "Harbor Code."
17.05.020 Purpose.
2.
3.
4.
5.
6.
7.
Preserve the diverse uses of the harbor and the waterfront that contribute to the
charm and character of Newport Bay, and that provide needed support for
recreational boaters, visitors, and residents with regulations limited to those
necessary to protect the interests of all users.
Maintain and enhance public access to the harborwater and waterfront areas.
Enhance the water quality and protect the marine environment in the harbor.
Preserve and enhance the visual character of the harbor.
Preserve and enhance historical resources of the harbor.
Provide for the ongoing administration and maintenance of the harbor.
Recover the costs of services provided to tidelands users and the fair market
rental value where appropriate.
19
8. Administer the use of Public Trust Lands in a manner consistent with the
Tidelands Trust, the California Constitution, the certified Local Coastal Program,
and applicable laws.
9. Implement the policies of the General Plan and certified Local Coastal Program.
17.05.030 Applicability.
The provisions of this Title, and any rules and regulations adopted pursuant to this Title,
shall be applicable to and within Newport Harbor and all Public Trust Lands under the
jurisdiction of the City of Newport Beach, except where otherwise provided in this Title.
Any activity or action or use of the harbor is prohibited unless specifically permitted by
the provisions of this code, or the Tidelands Trust.
17.05.040 Administrative Authority.
The responsibility for the administration of the provisions of this title is delegated to the
City Manager, or officers or employees of a department or departments of the City
designated by him; provided, however, that some or all of the duties necessary to be
performed in the administration may be performed by the Manager or his deputies or
assistants pursuant to a contract providing therefore between the City and the County of
Orange.
17.05.050 Duties of the City Manager.
The City Manager shall be authorized to:
A. Carry out the orders of the City Council and to enforce all harbor regulations
ordinances and tidelands trust requirements.
B. Order any vessel improperly berthed to change its position or location as he may
designate, and in case his orders are not complied with, or the vessel is
unattended, to cause such vessel to be so moved, and to collect the cost thereof
from the vessel, or owner thereof.
C. Promptly report to the appropriate federal agency any violation of the laws of the
United States for the protection of navigation and the preservation of navigable
waters, particularly any encroachment on the waterway by the building of illegal
structures, illegal filling or dumping of material of any sort into the waterway, or
throwing overboard or setting adrift or allowing to be set adrift anything that is or
might become obstructive or dangerous to navigation.
17.05.060 Duties of the Harbor Resources Manager.
It shall be the duty of the Harbor Resources Manager to:
20
A. Act for and assist the City Manager in administering the provisions of this title,
coordinating with appropriate department directors for services falling within their
respective functions as defined in Title 2 of this Code, and coordinating as
required with other governmental agencies and with interested civic associations,
B. Administer the harbor - related policies adopted by the City Council and the
Harbor Commission, maintaining files and records of all pier permits issued, and
to recommend to the City Manager appropriate changes and modifications to
harbor - related policies.
C. Conduct regular inspections of both public and private facilities and structures
located 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, and to recommend
action to the City Manager to ensure compliance with this title.
D. Issue approvals in concept for development located on tidelands or submerged
lands that did not involve a discretionary action authorized by Title 20 of the
Newport Beach Municipal Code where the authority is specifically assigned to the
City Council, Planning Commission, Planning Director, or Zoning Administrator.
17.05.065 Duties of the Harbor Commission.
It shall be the duty of the Harbor Commission to:
A. Advise the City Council in all matters pertaining to the use, control, operation,
promotion and regulation of all vessels within Newport Harbor.
B. Approve, conditionally approve, or disapprove applications on all permits where
the City of Newport Beach Municipal Code assigns the authority for the decision
to the Harbor Commission.
C. Serve as an appellate and reviewing body for decisions of the City Manager on
permits, leases, and other harbor related administrative matters where the City of
Newport Beach Municipal Code assigns such authority to the Harbor
Commission.
D. Advise the City Council on proposed harbor related improvements.
E. Advise the Planning Commission and City Council on land use and property
development applications referred to the Harbor Commission by the City Council,
Planning Commission, or the City Manager.
F. Make recommendations to the City Council for the adoption of regulations and
programs necessary for the ongoing implementation of the goals, objectives, and
policies of the Harbor and Bay Element of the General Plan.
21
17.05.070 Establishment of Channels, Turning Basins, etc
All channels, turning basins, anchorage areas, and Pierhead and Bulkhead Lines in
Newport Harbor shall be as established by the federal government or by the City
Council upon recommendation of the Harbor Commission. A map thereof shall be kept
on file in the offices of the City Clerk and the Harbor Resources Department for public
inspection.
17.05.080 Public Trust Lands.
A. Applicability. Public Trust Lands include tidelands, submerged lands, the beds of
navigable lakes and rivers, and historic tidelands and submerged lands that are
presently filled or reclaimed and which were subject to the Public Trust at any
time.
B. Limits On Uses. Public Trust Lands are subject to the Common Law Public
Trust, which limits uses to navigation, fishing, commerce, public access, water -
oriented recreation, open space and environmental protection.
C. Exceptions. State legislation has modified public trust restrictions for the historic
tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island.
1. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots
of Beacon Bay located within state tidelands to be leased for residential
purposes until June 27, 2043.
2. Balboa Bay Club. The Beacon Bay Bill (Chapter 74 of the Statutes of
1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow
Parcel D of the Balboa Bay Club to be leased for residential purposes until
December 31, 2044.
3. Harbor Island. Chapter 715, Statutes of 1984 allow the filled or reclaimed
land on Harbor Island to be leased for non - permanent recreational and
landscaping purposes.
17.05.090 Local Coastal Program.
A. Discretionary applications shall be reviewed to insure conformity with the policies
and regulations of the certified Local Coastal Program.
B. All uses of the marine environment shall be carried out in a manner consistent
with sustaining the biological productivity of coastal waters and to support
populations of all species of marine organisms adequate for long -term
commercial, recreational, scientific, and educational purposes.
W
C. Where applicable, development in Newport Harbor shall:
1. Protect, and where feasible, expand and enhance vessel - launching
facilities in Newport Harbor.
2. Protect, and where feasible, expand and enhance low -cost public
launching facilities, such as trailer launch ramps, boat hoists, commercial
landing facilities, and organized recreational boating launch facilities.
3. Provide a variety of berthing opportunities reflecting state and regional
demand for slip size and affordability throughout Newport Harbor.
4. Protect, and where feasible, enhance and expand marinas and dry boat
storage facilities.
5. Protect shore moorings and offshore moorings as an important source of
low -cost public access to the water and harbor.
6. Protect, and where feasible, enhance and expand dinghy docks, guest
docks at public facilities, yacht clubs and at privately owned - marinas,
restaurants and other appropriate locations.
7. Protect, and where feasible, expand and enhance facilities and services
for visiting vessels, including public mooring and docking facilities, dinghy
docks, guest docks, club guest docks, pumpout stations and other
features through City, County, and private means.
8. Protect, and where feasible, expand and enhance facilities necessary to
support vessels berthed or moored in the harbor, such as boat haul out
facilities.
9. Protect, and where feasible, expand and enhance existing harbor support
uses serving the needs of existing waterfront uses, recreational boaters,
the boating community and visiting vessels.
10. Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not
Provided by the public sector and that are essential to the operation of a
harbor.
11. Provide, expand and enhance, where feasible, existing recurring and year
round harbor special permits and special purpose uses such as boat
shows and boating festivals, boat sales displays and
delivery/commissioning facilities.
17.05.100 Coordination with Resource Agencies.
In carrying out the provisions of this Title, coordination with the California Coastal
Commission, the Army Corps of Engineers, California Department of Fish and Game,
23
U.S. Fish and Wildlife Service, National Marine Fisheries Service, other resource
management agencies, and private organizations, as applicable, shall be required in the
review of development applications in order to ensure the protection of marine
resources.
Continue to cooperate with the state and federal resource protection agencies and
private organizations to protect marine resources.
17.05.110 Rules for Interpretation.
Where uncertainty exists regarding the interpretation of any provision of this code or its
application to a speck site, the Harbor Resources Manager shall determine the intent
of the provision and issue a written administrative interpretation. An interpretation by
the Harbor Resources Manager may be appealed to the Harbor Commission, as
provided in Chapter 17.65.
17.05.120 Payment of Fees.
Any application for a permit or other approval required by this title shall not be
considered complete and will not be processed for approval unless accompanied
by payment of all applicable fees established by Resolution of the City Council.
All fees shall be established and paid in compliance with this section and Chapter
3.36 of this code.
A. Date. All fees required to be paid under any provision of this Title shall be
due and payable on a schedule established by the Administrative Services
Director.
B. Revenue. The revenue resulting from the administration of this title shall
be accounted for separately and used exclusively for the purposes
authorized to be used for public trust lands.
C. Penalty for Failure to Pay Fees. Any owner or permit holder who fails to
pay any fee required by this title after same is due shall be subject to a
penalty in the amount established in Chapter 3.36. Failure to pay the fee
plus any accrued penalty within 120 days of when the fee was due shall
constitute grounds for revocation of the permit by the Harbor Resources
Manager.
D. Administration. The Harbor Resources Manager shall administer the
provisions of this Title, except for the collection of fees, which shall be the
responsibility of the Administrative Services Director.
17.05.130 Permits Non - Transferable.
24
Unless otherwise authorized in this Title, any permit , license or approval issued
under this Title is personal to the person receiving such permit, license or
approval and may not be transferred or assigned to any other person without the
express written consent of the issuing official or body in compliance the
provisions for issuance of such permit, license or approval.
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Chapter 17.10
MARINE ACTIVITIES PERMIT
Sections-
17.10.005 Findings and Purpose.
17.10.020 Permit for Commercial Activities in Newport Harbor Required.
17.10.025 Exemptions.
17.10.030 Application for Permit
17.10.040 Filing Fee.
17.10.050 Issuance of Permit.
17.10.070 Power to Impose Conditions; Hold Harmless.
17.10.075 Insurance.
17.10.080 Duration of Permit.
17.10.085 Enforcement, Right of Entry.
17.10.090 Suspension / Revocation.
17.10.095 Appeal.
17.10.100 Transfer of Permit
17.10.110 Licenses and Fees Not Exclusive.
17.10.120 Application to Existing Commercial Activities.
17.10.005 Findings and Purpose.
A. Newport Harbor is a limited resource with an extensive existing and growing
demand for marine and recreational use; and
B. There has been an increase in the nature and intensity of commercial activities
such as harbor cruises, dinner cruises, boat rentals and water taxi services
occurring on the waters of Newport Harbor; and
C. Some of these vessels carry a number of passengers and some are owned or
operated by persons who do not have a fixed base of operation on or near the
bay that can provide adequate boarding, parking or sanitation facilities necessary
to serve their clients and customers; and
D. Commercial activities on Newport Harbor require City services which may not be
paid by the patrons or passengers of commercial operators on Newport Harbor,
and
E. Commercial activity on Newport Harbor has created an additional demand for
available parking and created traffic congestion in and around the waterfront; and
F. This commercial activity has sometimes created a level of noise which has
interfered with the right of residents, persons who own property and visitors on
or near Newport Harbor to the peaceful enjoyment of their property and public
26
areas; and
G. Commercial activity, especially the mix of large craft with limited maneuverability
and restricted uplands access, has the potential to interfere with the safe
navigation of boats and vessels operating on waters of Newport Harbor, and,
H. The requirements of the chapter are necessary to minimize the traffic congestion,
parking shortages, excessive noise, and the discharge of waste that could result
from unregulated commercial activity and to ensure safe operation within the
capacity and constraints of Newport Harbor, and
The Harbor and Bay Element of the General Plan establishes an objective to
preserve existing commercial uses in Newport Harbor to the extent necessary to
maintain and enhance the charm and character of the harbor and to provide
support services for visitors, recreational boaters and other water dependent
activities by enforcing existing ordinances and, if necessary, establish new
standards for the operation of entertainment, sport fishing and work boats; and
J. In adopting this chapter the City Council intends that the health, safety and
welfare of those who use, enjoy and own property near Newport Harbor are not
adversely affected by commercial activities conducted on those waters and that
suitability and capability of the Newport Harbor infrastructure to accommodate
future permit dependent operations are adequately considered in permit
application processes; and
K. Fees and charges imposed on commercial users of Newport Harbor should
recover City cost and contribute to major harbor maintenance projects (i.e.
dredging); and
L. Leases should be used where appropriate to recover the fair market value of the
use of public tidelands from holders of permits for marine commercial activities
on tidelands properties; and
M. To administer the use of public trust lands in a manner consistent with the
Tidelands Trust, the California Constitution, the certified Local Coastal Program,
and applicable laws.
17.10.020 Permit for Commercial Activities in Newport Harbor Required.
A. No person shall operate any charter on the waters of Newport Harborwithout first
obtaining a Marine Activities Permit pursuant to this chapter.
B. No person shall schedule, arrange, or coordinate the operation of a bareboat
charter or certificated charter on the waters of Newport Harbor without first
obtaining a Marine Activities Permit pursuant to this chapter.
27
C. No person who owns a certificated vessel (a vessel inspected by the United
States Coast Guard pursuant to Title 46 of the Code of Federal Regulations)
shall permit or allow the use of the vessel as a certificated charter on the waters
of Newport Harbor without first obtaining a Marine Activities Permit pursuant to
this chapter.
D. No person shall operate a bareboat charter or certificated charter on the waters
on Newport Harbor without having a valid Marine Activities Permit on board the
vessel at all times during the charter.
E. No owner of a vessel shall permit that vessel to be used as a bareboat charter on
the waters of Newport Harbor unless a valid Marine Activities Permit has been
issued for the bareboat charter.
F. No person shall engage in, or conduct, any commercial activity on Newport
Harbor, unless that person has obtained a permit for such activity pursuant to the
provisions of this chapter.
17.10.025 Exemptions.
The requirements of this chapter are not applicable to the following:
A. Commercial fishing vessels and sports fishing charters traversing on the waters
of Newport Harbor to engage in commercial fishing or other operations outside of
Newport Harbor;
B. A person operating a single vessel as a charter for consideration with six or fewer
passengers if the vessel is less than 100 tons, or twelve or fewer passengers if
the vessel is greater than 100 tons.
C. Businesses operating pursuant to a franchise or lease agreement with the City of
Newport Beach.
D. Vessels exempted by this section shall not be used for office purposes unless
such use is specifically authorized via a permit issued pursuant to this chapter.
E. Commercial activities operating pursuant to a permit issued by the Army Corp of
Engineers, or a Special Events Permit or Commercial Film Permit issued by the
City of Newport Beach.
F. Private marinas operating with a commercial pier permit issued by the City.
17.10.030 Application for Permit.
An application for permit under this chapter shall be filed with the Harbor Resources
Manager, upon forms provided by the City, and shall contain such information which the
Harbor Commission or Harbor Resources Manager may require.
17.10.040 Filing Fee.
An application or renewal of an application for a Marine Activities Permit shall be
accompanied by the fee established by resolution of the City Council.
17.10.050 Issuance of Permit.
Upon receipt of a complete application for a Marine Activities Permit, the Harbor
Resources Manager shall investigate the information contained in the application. The
Harbor Resources Manager shall refer the application to the Planning Department to
verify that all of the applicable Zoning Code regulations or conditions have been
addressed or complied with and Public Works to insure safe vehicular ingress and
egress, and the safe loading and unloading of passengers and supplies. The Harbor
Resources Manager may also refer the application to the Harbor Commission, other
appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for
investigation, report or recommendation. The Harbor Resources Manager may inspect,
or cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s),
boarding facilities, parking and all upland support facilities listed in the application. The
Harbor Resources Manager shall notify applicant of his decision in writing within ninety
(90) days from the date on which a completed application is received.
Except as provided in this section, the Harbor Resources Manager may issue the
Marine Activities Permit upon a determination that approval of the application will not
adversely affect the health, safety or welfare of those who use, enjoy, or own property
near Newport Harbor.
The Harbor Resources Manager shall approve the application unless:
A. The proposed commercial activity is likely to create noise which would adversely
affect use or enjoyment of the waters of Newport Harbor by members of the
public, or interfere with the rights of those who own property near the waters of
Newport Harbor to the peaceful and quiet enjoyment of that property;
B. The proposed commercial activity is likely to contribute to the problem of water
pollution and /or litter in the waters of Newport Harbor;
C. The vessel or craft to be used by the applicant does not satisfy the applicable
standards of the United States Coast Guard, or city, county, state or federal
requirements of law;
D. The proposed commercial activity is likely, when viewed in conjunction with other
anticipated charters and marine operations, to create a hazard to safe navigation,
or otherwise interfere with the rights of others to use the waters of Newport
Harbor;
91
E. The proposed commercial activity does not provide facilities to ensure adequate
parking, safe vehicular ingress and egress, and the safe loading and unloading of
passengers and supplies for the period subject to permit. For the purpose of this
section, parking shall not be considered adequate unless the number of parking
spaces required by Chapter 20.66 of the Municipal Code are provided for the
duration of the permit and will be available during the days and hours of
operation specked by the permit and that any off -site parking arrangements have
been approved by the Planning Commission or the Planning Director,
F. The commercial activity would violate city, county, state or federal requirements
of law;
G. The applicant has misrepresented material facts in the application;
H. The proposed commercial activity does not provide uplands support, docking or
boarding facilities sufficient to safely accommodate the size of vessel(s) or
number of passengers indicated on the application;
The proposed commercial activity includes an upland use that requires a use
permit or other approval under the City Zoning Code and such permit has not
been obtained;
J. The applicant has a permit which is currently suspended or has been revoked, or
a notice of revocation or suspension no longer subject to appeal has been issued
within the past ninety (90) days.
17.10.070 Power to Impose Conditions; Hold Harmless.
A. In granting any permit pursuant to this chapter, the Harbor Resources Manager,
or the Harbor Commission on appeal, may impose any additional conditions on
the permit to ensure that the proposed commercial activity will be compatible with
the predominantly recreational character of Newport Harbor, the rights of other
persons using Newport Harbor, the interests of residents and property owners
whose properties abut or are in close proximity to Newport Harbor, and the
interests of the general public. Any such permit shall contain a provision stating
that the permittee shall defend, indemnify and hold the City and the County of
Orange harmless from any claim for damages, penalties or fines arising out of
the exercise of the permit; or the activities of the permittee carried on under the
authority of such permit.
The Harbor Resources Manager or Harbor Commission, on approval or review,
shall have the power to impose new conditions or modify existing conditions with
regard to any permit issued pursuant to this chapter upon a determination that
the operations by the permittee, in the absence of the new or modified
30
conditions, does adversely impact the health, safety or welfare of those who use,
enjoy and own property near or on the waters of Newport Harbor.
B. All permits issued pursuant to this chapter are subject to the following standard
conditions:
1. Adequate off - street parking shall be provided for all passengers or patrons
of the commercial harbor activity;
2. No passenger loading or unloading is to occur at any fuel dock or public
dock;
3. Passengers transported to or from the commercial harbor activity shall not
be picked up from, or unloaded on, City streets unless specifically
approved by the Harbor Resources Manager,
4. All passengers and provisions shall be loaded and unloaded only from
docks or piers where the abutting uplands property is commercially- zoned,
unless specifically approved in writing, in advance, by the Harbor
Resources Manager;
5. Music and sound from the vessel shall be controlled so as not to disturb a
person of normal sensitivity at a point one hundred (100) feet from the hull
of the vessel;
6. Music, live entertainment, and all forms of amplified sound are prohibited
after ten p.m.;
7. Air homs, whistles, bells, and other noisemaking equipment shall not be
used, except as required by Coast Guard regulations;
8. All trash and litter generated by the activity shall be properly disposed of in
a private trash receptacle;
9. All vessels in excess of 25 feet in length shall operate within main
navigational channels, as far from shore as practical, and the route of
travel must be at least one hundred (100) feet from any residence;
10. All vessels equipped with marine sanitation devices shall comply with
United States Coast Guard requirements in the use of approved holding
tanks for raw sewage, and dye tablets shall be installed in holding tanks
during the operation of the commercial harbor activity as required by the
Harbor Resources Manager;
11. All federal, state, county and city statutes, rules, ordinances, laws and
regulations shall be obeyed;
31
12. All required insurance shall be maintained in full force and effect for the
full term of the permit.
13. All signs shall comply with the applicable provisions of Title 20 of this
code.
17.10.075 Insurance.
Businesses operating on the harbor with a permit issued pursuant to this chapter shall
maintain and provide to the City proof of insurance covering its operation, with such
policy limits and coverage as established by the City Risk Manager. Proof of insurance
must clearly identify the activities and /or vessels covered.
17.10.080 Duration of Permit.
Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for
twelve (12) months from the date of issuance, unless terminated or revoked prior. The
Harbor Resources Manager may issue a permit for a shorter duration, provided the
applicant meets all the requirements of this chapter for the duration of the period
remitted.
17.10.085 Enforcement, Right of Entry.
A. Enforcement. It shall be the duty of the Harbor Resources Manager to enforce
each and all of the provisions of this title, and the Chief of Police shall render
such assistance in its enforcement as may be required from time to time by the
Harbor Resources Manager.
B. Right of Entry. The Harbor Resources Manager and each and all of his assistants
and any police officer or City employee whose job includes the enforcement of
this chapter, shall have the power and authority to enter, free of charge, and at
any reasonable time, any place of business or vessel subject to the requirements
of this chapter.
17.10.090 Suspension / Revocation.
Any permit granted pursuant to the provisions of this chapter may be suspended or
revoked, by the Harbor Resources Manager, in whole or in part, upon fifteen days prior
written notice to the permittee, directing the permittee to appear at the time, date and
place specified in the notice to show cause why the permit shall not be suspended or
revoked. The notice shall specify the reasons for the proposed action. A permit may be
suspended or revoked on any of the following grounds:
A. That the permit holder has made a misrepresentation as to any material fact set
forth in the application;
32
B. For violation of any law, rule, condition of permit or regulation of the United
States, the United States Coast Guard, the State of California, the City of
Newport Beach, or the County of Orange relating to the commercial activities
authorized by any permit issued pursuant to this chapter;
C. That the commercial activities of permittee adversely affect the health, safety or
welfare of those who use, enjoy or own upland property in Newport Harbor,
D. That the commercial activities of permittee fall within the criteria for denial of an
application, as set forth in subparagraph A through J of Section 17.10.050;
E. The permittee has discharged or has permitted or allowed any other person on a
vessel operating under the permit to discharge any human or animal excreta
from any head, toilet, holding tank or similar facility into the waters of Newport
Harbor;
F. Failure to continuously maintain insurance in the appropriate coverage and
amounts.
17.10.095 Appeal.
Appeals of any decision of the Harbor Resources Manager shall be made in accordance
with Chapter 17.65.
17.10.100 Transfer of Permit.
No permit issued pursuant to the provisions of this chapter shall be transferable either
by assignment, sale, hypothecation, and operation of law or otherwise without
permission of the Harbor Commission having first been obtained. Application for
transfer of any permit shall be subject to the same terms, conditions and requirements
as an application for an original permit. In approving the transfer of any existing permit,
the Harbor Commission may impose such conditions as it may determine are in the
public interest.
17.10.110 Licenses and Fees Not Exclusive.
Fees and permits required by this chapter shall be in addition to any license, permit or
fee required under any other chapter of this Code or any other provision of law.
17.10.120 Application to Existing Commercial Activities.
The commercial activities of those holding valid permits issued prior to the effective date
of this chapter (March 24, 2006) may be continued to the extent authorized by the prior
permit, provided the previously approved commercial activity shall not be increased or
33
expanded beyond the activities conducted as of March 24, 2006, the effective date of
this Chapter adopted by Ordinance No.2006 -3 § 2 (part). The holder of a permit issued
under Chapter 17.41 (repealed effective March, 2006) shall apply for a renewal of the
permit issued under 17.41 as required by this Chapter on or before December 1, 2008
and, shall be issued a permit under this chapter to operate under the previously
approved conditions and any condition of this chapter not inconsistent with the
operations and activities authorized under the previously issued permit.
All Marine Activities Permits issued under this section shall be deemed to meet the
requirements of Chapter 17.10 for renewal purposes unless or until such time as the
Harbor Resources Manager or the Harbor Commission determines there is a substantial
change in the commercial activity. A substantial change may include, but is not limited
to the following:
A. An increase in or expansion of the operational characteristics of the commercial
activity.
B. Change in the vessel(s) authorized to operate under the terms of the permit,
which change results in an increase in size or capacity of the vessel.
C. Change in the maximum number of patrons or passengers authorized to
participate in the commercial harbor activity on an authorized vessel.
D. Change in the approved off - street parking agreement(s), or loss of parking
provided prior to the effective date of this ordinance.
E. Change in the physical condition of the dock, gangway or pilings that would
compromise the safety of the patrons or passengers.
F. Change in the location where the vessel(s) is berthed and /or loads and unloads
patrons or passengers and /or provisions for the commercial activity.
G. Change in the approved route of travel.
H. Failure to correct a violation of the standard conditions imposed pursuant to
Section 17.10.070 B.
34
Chapter 17.20
VESSEL LAUNCHING AND OPERATION
Sections:
17.20.010
Vessel Launching and Hauling.
17.20.020
Vessel Operation.
17.20.040
Trespass or Injury to Vessel.
17.20.050
Abandoned or Unattended Vessels and Property.
17.20.060
Air Propulsion Vessels Prohibited.
17.20.010 Vessel Launching and Hauling.
A. Where Permitted. No person shall launch or remove any vessel from the waters
of Newport Harbor over any public seawall, sidewalk, street end or public
property, except at locations where a regular business, as authorized under Title
20, of launching and hauling vessels is conducted or at launching sites
designated by resolution of the City Council.
B. Any person who uses a City Council designated boat launch site shall comply
with all of the following:
1. Designated boat launching locations may be used only between the hours
of eight a.m. and eight p.m.
2. The use of motors on any vessel or watercraft being launched or
recovered shall not be permitted within two hundred (200) feet of such
launching sites.
3. Only hand - carried vessels or watercraft may be launched from designated
sites.
4. No trailers, dollies, rollers or other mechanical devices may be used for
purposes of launching any vessel or watercraft at said locations, or for
transporting them on beaches.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a
public officer in the performance of his duty, shall operate the same or permit the
same to be operated in any portion of Newport Harbor or the water in the present
or prior channel of the Santa Ana River within the City at a rate of speed in
excess of five nautical miles per hour, or at any speed which creates a wake that
may cause damage to moorings of vessels or floating structures, except as
hereinafter provided.
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B. Designation of Closed Areas. Whenever the City Manager finds that public
safety so requires, he may designate any water area or tidelands or filled lands in
or upon which harbor improvement work is being performed as a closed area.
Except for persons actually engaged in such harbor improvement work or public
officers in the performance of their duty, no person shall enter or remain within or
drive or operate any vessel or watercraft into or within any area which has been
so designated as a closed area and which has been posted or marked with
appropriate signs giving notice thereof.
1. The channel between Bay Island and Balboa Peninsula is designated as a
closed area from and including June 1st through September 15th of each
year; no person shall operate any motorboat into or through said channel.
2. The Grand Canal is designated as a closed area from and including June
1st through September 15"' of each year; however, the closure shall not
apply to vessels berthed at residential piers or moorings located along or
within the Grand Canal.
C. Restriction of Water Traffic. For such time as necessary preceding, during and
after any race, regatta, parade or other event held on the waters of Newport
Harbor, or at any other time when the City Manager deems it necessary for the
safety of persons, vessels or other property, he shall have authority to restrict or
prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or
refuse to comply with any order, signal or direction of the City Manager, his
deputies or agents. For purposes of this section, waterbome traffic shall mean
any object, structure or vessel in contact with the water.
D. Towing. It shall be unlawful for any person operating a vessel to tow any object,
structure or vessel at a distance in excess of seventy -five (75) feet astern of the
towing vessel.
17.20.040 Trespass or Injury to Vessel.
A. Damage to Property. No person shall willfully or carelessly destroy, damage,
disturb, deface or interfere with any buoy, float, life preserver, sign, notice,
navigational marking, or other similar property under the jurisdiction of the City,
County, or other governmental agency.
B. Boarding Vessel Without Permission. No person shall climb into or upon any
vessel moored, docked or anchored in Newport Harbor, without the consent of
the owner or other person having charge thereof, except for those authorized by
the Director.
C. Tampering With Vessel. No person shall willfully injure or tamper with, or break
or remove any part of or from, any vessel in the City, or tamper with the lines
36
securing any such vessel, without the consent of the owner or other person
having charge thereof, except for those authorized by the Harbor Resources
Manager.
D. Tampering With Moorings. No person shall tamper with any mooring or
anchorage in the City whether or not the same is occupied by a vessel, except
for those authorized by the Harbor Resources Manager for the maintenance of
harbor operations.
17.20.050 Abandoned or Unattended Vessels and Property.
All stray, unattended or abandoned vessels, timber or any other personal property found
in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful
possession or control of some person, shall be immediately reported to Harbor
Resources or the Harbor Patrol. Any such property shall be dealt with as provided in
the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or
Section 510, et seq., of the California Harbors and Navigation Code, as the same now
read or may hereafter be amended. Proceeds of any sale of such property shall be
deposited in the general fund of the City or, if provided by contract with the County, shall
be paid to the County Treasurerfor the County.
17.20.060 Air Propulsion Vessels Prohibited.
A. No person shall operate any vessel on the waters of Newport Harbor if the vessel
is powered or maneuvered by means of mechanical air propulsion above the
surface of the water.
B. The provisions of this section do not apply to the operation of any vessel by any
public agency or any person responding to an emergency on behalf of any public
agency.
37
Chapter 17.25
BERTHING, MOORING AND STORAGE
Sections:
17.25.010
Docking Regulations.
17.25.020
Anchorage, Berthing and Mooring Regulations.
17.25.030
Storage Regulations.
17.25.010 Docking Regulations.
A. Docking Permission Required.
1. No person having charge of any vessel shall make the same fast to any
pier in Newport Harbor, or permit the same to remain at such location after
finishing loading or unloading such vessel, without the consent of the
owner, agent, or person in charge of any such pier.
2. No person shall make fast any vessel to any other vessel already
occupying any pier, either public or private without first obtaining a special
event permit as required in Chapter 11.03 of this Code. At the Rhine
Wharf the Harbor Resources Manager shall have the authority to
authorize this activity, via a Rhine Wharf Permit, under either of the
following conditions: (1) A commercial fishing vessel is loading or
unloading, and no other mooring or berthing space is available in the
harbor for this purpose; or (2) a vessel is taking refuge from inclement
weather and no other mooring or berthing space is available in the harbor
for this purpose. In no event shall more than one vessel be made fast to
the dockside vessel and no other vessel shall be made fast to the
outboard vessel. Both vessels shall have operators aboard at all times.
3. No person holding a harbor development permit issued under the terms of
Chapter 17.50 or having care, custody, control or use of any pier in
Newport Harbor shall permit or allow a vessel to be made fast to any other
vessel which is occupying any pier over which the permit holder has
control, except as provided in the exceptions found in paragraph (2)
above.
B. Obstruction Prohibited. No person shall intentionally obstruct the free access to
and departure from any portion of any pier.
C. Time Limits. Public piers and other harbor facilities may be maintained by the
City for the purpose of loading and unloading passengers, supplies, and boating
gear and for similar purposes. It is the policy of the City to maintain such facilities
in a manner that will permit the greatest public use and avoid continuous
RE
occupancy, congestion or blocking thereof. Where necessary to achieve public
use and to avoid extended occupancy, congestion or blocking thereof, the City
Manager is authorized and directed to post signs limiting the time during which a
vessel may be docked or supplies or gear may be placed at or on any such pier
or facility to the following:
1. Washington Street pump out pier: bayward and westerly side is twenty
(20) minutes, easterly side is two (2) hours and the upland side is twelve
(12) hours;
2. Fernando Street pump out pier: bayward and easterly side is twenty (20)
minutes, westerly side is two (2) hours and the upland side is twelve (12)
hours;
3. Opal Avenue pier: bayward side is twenty (20) minutes, easterly side is
two (2) hours, no berthing allowed on the westerly side and the upland
side is twelve (12) hours;
4. M, 15th and 19th Streets, Coral, Emerald, Sapphire and Park Avenue
piers: bayward side is twenty (20) minutes, the sides are two (2) hours and
the upland sides are twelve (12) hours;
5. The Rhine Wharf Park is four (4) hours, subject to the following conditions:
a. The Harbor Resources Manager shall have the authority to limit the
size of vessels using said facility.
b. Vessels using this facility shall be in the actual process of loading,
unloading or engaged in temporary repairs.
C. The Harbor Resources Manager may authorize an extension of the
four hour period where special circumstances dictate such an
extension.
d. The Harbor Resources Manager shall have the authority to limit the
size of vessels and time of use of future facilities developed at the
Rhine Wharf.
When a sign is in place giving notice of such time limits, no person shall dock a
vessel at any such facility for a period of time in excess of that period, or permit
any supplies or gear to remain on such facility for a period in excess of that
posted on the sign.
D. Vessel Tie -up Method. Every vessel berthed at any pier in Newport Harbor shall
be fastened in such a manner as to assure the security of such vessel fore and
aft at a minimum.
E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum
product directly from a tank wagon or truck.
F. Gangway Required; Lights. Every vessel used for hire while loading or unloading
passengers or crew from a pier or from another vessel shall be provided with a
gangway with .manropes or railings, and from sunset until sunrise any such
gangway shall be lighted adequately to provide visibility as long as such
gangway is or may be used.
G. Dockside Steam Engine Spark Prevention. No person shall use any donkey
engine or other steam engine on any pier or vessel within Newport Harbor in
loading or unloading vessels or otherwise without a bonnet or spark arrester
attached to the smokestack of such engine so as to prevent sparks from coming
into contact with the pier or vessel.
17.25.020 Anchorage, Berthing and Mooring Regulations.
A. Location. No person having charge of any vessel shall berth or anchor the same
in Newport Harbor except within the designated areas. Any vessel which is
berthed, moored or anchored at a place not designated for such vessel shall be
moved as directed by the Harbor Resources Manager. In the designation of
mooring areas and anchorage areas, consideration shall be given to the needs of
commerce, the utilization of turning basins, the use of channels for navigation,
and the economy of space. No vessels shall be moored or anchored in any part
of any turning basin or channel unless secured both fore and aft except as
provided in Section 17.25.020 (1). Every vessel moored or anchored in any part
of the harbor outside of any turning basin or channel shall be so moored or
anchored as to prevent such vessel from swinging or drifting into any turning
basin or channel.
B. Application of Chapter. The terms of this chapter, as they relate to moorings and
buoys, shall apply to "on -shore moorings" which are moorings located landward
of the Pierhead Line and to "offshore moorings" which are located bayward of the
Pierhead Line, with equal force and effect.
C. Berthing.
1. Boats berthed at private or public piers shall not extend beyond the
projection of the property lines of the property to which the pier is
connected in accordance with Section 17.35.020.
2. Any boat berthed at a pier or slip shall not extend bayward a distance of
more than the maximum width of its beam beyond the end of the pier, or
slip. Between Bulkhead Station 256, beginning at Collins Avenue to
Bulkhead Station 255, boats moored at a pier or slip shall not extend more
a
than 15' bayward from the end of the pier or slip or more than the width of
the beam of the boat, whichever is less.
D. Permit Required. No person shall place, erect, construct or maintain a pier
mooring or buoy in the waters of Newport Harbor over City -owned or controlled
tidelands without first having obtained a permit pursuant to this Title.
E. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a
current and valid permit except with the permission of the Harbor Resources
Manager for temporary use, as herein provided.
F. Chains and Fastenings.
1. No person shall erect, construct or maintain any mooring in Newport
Harbor unless all chains and fastenings are of sufficient size to stand a
breaking strain of at least six times the weight of the mooring.
2. All mooring lines on buoys shall be so arranged that when dropped they
will immediately sink. With a double mooring, however, it shall be
permissible to connect two mooring lines with a spreader line having floats
attached thereto to keep said line afloat when the mooring is unoccupied.
G. Buoy Markings. Mooring buoys shall be painted with the number allocated
thereto by the Harbor Resources Manager to the mooring, the numeral(s) of
which shall be at least three inches in height.
H. Maintenance. All moorings shall be kept in good and serviceable condition in the
location assigned by the Harbor Resources Manager.
I. Mooring, Anchoring and Vessel Condition Requirements.
1. Mooring Anchoring. All vessels using moorings in Newport Harbor shall be
firmly anchored to a mooring from bow and stem in such a manner as to
prevent the vessels from swinging, turning or drifting, except in areas
designated by the Harbor Resources Manager as single mooring areas.
Vessels in single mooring areas shall be tied from the bow.
2. Vessel Condition — Seaworthiness and Operability. Vessels assigned to a
mooring by permit must be maintained in an operable and seaworthy
condition. If, based upon the appearance of the vessel, inspection by the
City or Orange County Harbor Patrol or other facts, the Harbor Resources
Manager has cause to believe a vessel is not seaworthy and operable; the
Harbor Resources Manager shall give written notice to the permittee
requesting a demonstration that the vessel is seaworthy and operable.
The permittee shall, upon written notice specifying the date and time,
demonstrate to the Harbor Resources Manager that the vessel assigned
41
to the mooring is seaworthy or operable. In the event that the Harbor
Resources Manager determines that vessel is not seaworthy or operable,
the permittee shall: (1) commence repairs within thirty (30) days of the
mailing of the written notice of such determination and complete repairs
within ninety (90) days of the commencement unless the Harbor
Resources Manager, upon written request from the permittee specifying
the reasons therefore, approves an extension of time to complete the
repairs; or (2) remove the vessel within thirty (30) days of the mailing of
the written notice of such determination and request assignment of a
different vessel that is seaworthy and operable to the mooring within sixty
(60) days after the removal of the vessel. This section is not intended to
apply to any brief period of repair common to most vessels. The Harbor
Resources Manager may repeat his request to test operability and
seaworthiness as needed.
3. It is unlawful and a public nuisance for any person owning, leasing,
occupying or having charge or possession of any vessel in the City, to
maintain, permit, cause or allow to exist on such vessel any of the
following conditions:
a. Promotion of a fire hazard including but not limited to, improper
open fuel storage, deficiencies in the vessels fuel storage tanks,
inoperable electrical systems, storage of combustible or other
flammable material that constitutes a fire hazard to any vessel.
b. Retention of water that becomes stagnant, unsanitary, polluted or
does not comply with the provisions of Chapter 15.09 of the
Newport Beach Municipal Code.
c. Accumulation or storage of rubbish, trash, debris, rubble,
containers, and boxes that is visible aboard the vessel or stored
inside the vessel in such away to make the vessel inoperable for its
intended use.
d. Storage or securing a vessel in such a way that it impedes
pedestrian travel on City beaches and tidelands.
e. Contribution to hazards to public safety and health such as but not
limited to: propagation of vermin, rats, insects, unsanitary
conditions from the accumulation of fecal materials.
f. Maintenance in such non - seaworthy condition that it is unsafe,
unsightly or poorly maintained, including but not limited to: broken
windows, unsecured doors and hatches, excessive marine growth
attached to the vessel, the vessel is inoperable for its intended use,
partially destroyed or partially repaired for more than 3 continuous
months, provides access to marine mammals, is actively seeping
hazardous or toxic material into the surrounding waters, and would
present a physical danger to public safety personal during
emergency access.
42
g. Operation of its mechanical or electrical systems creates excess
noise, odors, vibrations, fumes, discharges or emissions that
constitute an impact on public health or safety.
h. Violation of the terms and conditions of other use or rental permits
as granted by the City of Newport Beach.
L Allowance of repetitive, boisterous or unruly conduct by the vessel
operator or occupants when that conduct is: (1) Offensive to a
person of ordinary sensibility; (2) continues after a written or oral
request to terminate the conduct ;( 3) is offensive to a considerable
number of people.
j. Anchorage in an area controlled by the City without adequate
anchor(s) rope and chain appropriate for the wind and sea
conditions encountered in Newport Bay.
k. Inability of a vessel on a shore mooring to be self - righting on an
incoming tide without flooding the vessel.
I. Attachment to a mooring in such a way that the vessel regularly
drifts and impedes safe navigation in the bay.
m. Installation of a marine sanitation device that is not connected
directly to an internal holding tank at all times while in Newport Bay.
In the event that the City of Newport Beach determines that a vessel is a public
nuisance, the City of Newport Beach may commence public nuisance abatement
per Section 10.50 of the Municipal Code.
4. If, based upon the appearance of the vessel, inspection by the City or
Orange County Harbor Patrol or other facts, the Harbor Resources
Manager determines that a sea lion has boarded a moored vessel, the
Harbor Resources Manager shall provide the permittee with a notice of
determination and the permittee shall take any and all necessary action to
employ and maintain appropriate measures to deter sea lions from
boarding the vessel within thirty (30) days of the mailing of the notice of
determination. If the Harbor Resources Manager determines that
appropriate deterrent measures have not been taken within thirty (30)
days of the mailing of the notice of determination, the Harbor Resources
Manager shall provide the permittee with a second notice of determination
and the permittee shall: (1) take any and all necessary action to employ
and maintain appropriate sea lion deterrent measures within seven (7)
days of the mailing of the second notice of determination; or (2) remove
the vessel within seven (7) days of the mailing of the second notice of
determination. Appropriate deterrent measures shall be defined as the
latest methodology permitted by National Marine Fisheries Service to
minimize sea lion boarding of vessels assigned to a mooring.
5. Exceptions. The requirements of this section are not applicable to vessels
used in marine construction or marine contracting services.
43
J. Specifications. Specifications for the size of chains required on moorings and
weights of moorings shall be adopted by resolution of the City Council.
K. Inspection of Moorings. Each mooring shall be lifted by the owner for inspection
by the Harbor Resources Manager at least once every two (2) years and shall be
repaired so as to be in good condition before being replaced, provided that the
Harbor Resources Manager may require any mooring to be lifted at any time
when deemed necessary to assure it is in good condition. If the permittee has
such lifting performed by a marine contractor, then the Harbor Resources
Manager may authorize said contractor to inspect the mooring in behalf of the
Harbor Resources Manager and certify the results to the Harbor Resources
Manager in writing.
L. Rental Not Permitted. Except as authorized in Section 17.60.040.(B.1.a), no
mooring may be leased or rented by the permittee to another person except with
the written permission of the Harbor Resources Manager.
M. Administration. Pursuant to an agreement between the County of Orange and
the City of Newport Beach, the Director of the Harbors, Beaches and Parks
Department of the County of Orange shall administer all provisions in this section
dealing with moorings and buoys, except the revocation of permits by the Harbor
Commission and collection of all fees hereafter.
17.25.030 Storage Regulations.
Vessel or Trailer Storage on Beaches Prohibited; Exceptions. No person shall
store any vessel, watercraft, trailer or other similar object on any public beach in
the City except as provided in subsection (A -1). As used in this section, the term
°store" shall mean to leave or permit to remain unattended for an extended
period of time and not in the possession or control of the owner or user.
1. Vessels, watercraft and equipment directly related to the use of the vessel
or watercraft (related equipment) may be stored on a public beach as
follows:
a. Any vessel(s), watercraft and /or related equipment owned and
maintained by the City or its contractors which is (are) used in
conjunction with recreation programs offered by the City;
b. Any vessel(s), watercraft and /or related equipment that cannot
feasibly be berthed or moored at a privately owned pier or mooring
and is (are) used by a nonprofit corporation for non - commercial
purposes provided a vessel storage permit has been approved by
the Harbor Resources Manager. A vessel storage permit shall be
approved only if there is substantial evidence that the permit would
not adversely affect the health, safety or welfare of those who use,
UJ
enjoy or own property near the waters of Newport Bay. Vessel
storage permits are subject to the following standard conditions as
well as any additional conditions imposed by the Harbor Resources
Manager.
(1) The permit shall not cause or permit any unreasonable noise
that would adversely affect the use or enjoyment of public or
private property in the vicinity of the vessel, watercraft or
equipment;
(2) The permit shall not engage in, or permit, any activity that
unreasonably interferes with the use of the beach or
adjoining waters by the public;
(3) The permit shall not cause or permit any activity that pollutes
any public or private property of the waters of Newport Bay;
(4) The permit may be revoked by the Harbor Resources
Manager, without cause, at any time, upon thirty (30) days
written notice to the permittee.
C. Any vessel for which a mooring permit has been issued by the City
pursuant to Section 17.60.040 provided the vessel remains on the
beach only to the extent necessary to load or unload.
45
Chapter 17.30
HARBOR USE REGULATIONS
Sections:
17.30.010 Landing of Aircraft.
17.30.020 Loading or Unloading Hazardous Materials.
17.30.030 Live Bait.
17.30.010 Landing of Aircraft.
No person shall land or take off from the waters of Newport Harbor with any aircraft
without first obtaining a permit from the City Council. Such permit may be issued if the
City Council determines that under the circumstances the proposed landing or take off
will not create a hazard to life or property. In granting such permit, the City Council may
impose such conditions on the exercise thereof as it deems appropriate.
17.30.020 Loading or Unloading Hazardous Materials.
No person shall load or unload any hazardous materials to or from any vessel from or
upon any pier or other vessel in Newport Harbor without first obtaining a permit from the
Fire Chief pursuant to Chapter 9.04: Fire Code of Title 9.
17.30.030 Live Bait.
A. Live Bait Receivers Defined. A live bait receiver is an object for confining live
bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either
moored to a pier, bulkhead or sea wall, or moored by means of an anchor or
other weight to the bottom of the harbor or ocean; provided, however, that a live
bait receiver shall not be deemed to be a "structure" within the meaning of
Chapter 17.50.
B. Requirements for Live Bait Receivers. All live bait receivers used within the
waters of Newport Harbor shall be provided with screen trays in the bottom
thereof so as to retain all dead bait within the receiver which can be raised to
dispose of the dead bait. All live bait receivers within the City shall also have a
screen or solid cover which fits closely unless the receiver is completely covered
by a roof.
C. Nonconforming Bait Receivers. Storage of live bait other than in a receiver
conforming to the requirements hereof is prohibited. After three days written
notice to the owner of a nonconforming receiver, it may be removed by the
Harbor Resources Manager and stored at the expense of the owner.
D. Commercial Bait Boats and Receivers. All boats used to catch or furnish live bait
or receivers shall, at all times, have aboard a covered receptacle in which shall
be placed all dead bait. No person shall commercially operate a bait boat or a
bait receiver without first obtaining a Marine Activities Permit pursuant to Chapter
17.10. Bait tanks on such boats when containing bait shall be covered at all
times when in Newport Harbor by a cover which fits closely over the top except
while bait is actually being transferred to or from the tank.
E. Disposal of Bait. No person shall place or allow to be placed any live or dead
bait in the unconfined waters of Newport Harbor except when it is attached to a
hook or hooks in the act of fishing.
F. Transfer of Live Bait. No person shall transfer live bait from one vessel to
another vessel or sell the same at retail from a vessel within the limits of Newport
Harbor, except when all vessels involved are moored to a pier and are within the
Pierhead Line, except that during a period of adverse conditions of sea or
beaches causing the transfer from offshore receivers to be hazardous, a location
inside the harbor may be used with the approval of the Harbor Resources
Manager.
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Chapter 17.35
HARBOR DEVELOPMENT REGULATIONS
Sections:
17.35.010
General Provisions for Harbor Structures.
17.35.020
Piers.
17.35.030
Bayward Location of Piers and Floats.
17.35.040
Other Structures.
17.35.050
Bulkheads.
17.35.060
Balboa Island; Non - Commercial Piers.
17.35.070
Areas with Special Harbor Permit Regulations.
17.35.080
Parking Requirements.
17.35.090
Signs.
17.35.010 General Provisions for Harbor Structures.
A. Design of harbor structures shall conform to the "Waterfront Project Guidelines
and Standards, Harbor Design Criteria — Commercial and Residential Facilities"
as adopted by resolution of the City Council and as may be amended from time
to time. The applicant may submit an alternative design for review and potential
approval of the Building Department prior to the issuance of a harbor
development permit using the "Alternate Material or Method of Construction"
appeals process.
B. Protection of Coastal Access and Resources. All harbor structures, including
remodels of and additions to existing structures shall be designed and sited to
current standards so as not to obstruct public lateral access and to minimize
impacts to coastal views and coastal resources.
C. Appearance. All structures permitted to encroach into open coastal waters,
wetlands and estuaries shall be designed and sited to harmonize with the natural
appearance of the surrounding area.
D. Eelgrass Protection. The use of materials in pier and dock construction design,
materials and methods shall consider minimal impacts to eelgrass and marine
habitat.
E. Docking Facilities. Docking facilities shall be designed and sited in relationship
to the water's depth and accessibility.
F. 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
M
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, as
may be prescribed by the US Coast Guard, they 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 of adjacent harbor structures or passage of any sidewalks, street, alley,
public way or navigable channel.
G. 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 work,
permittee shall defend, indemnify and hold them and each of them, harmless
from such claim.
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
development 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. Cost for such
pollution control will be bome by the permittee.
J. Rights to Impose Rental or Other Charges. The approval of permits by the City
of Newport Beach shall not constitute a waiver of any rights or requirements
which it may now have or hereafter have to impose rental or other charges in
conjunction with the maintenance or use 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 non - commercial recreational purposes, unless
otherwise directed by state mandate.
K. Special Event Permits. If a Permittee proposes a use of the harbor other than
that allowed by the Newport Beach Municipal Code, he /she must first obtain a
"Special Event Permit" as provided by Chapter 11.03 of the Newport Beach
Municipal Code. Upon issuance of the Special Event Permit, the City of Newport
M
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.
17.35.020 Piers.
A. Use Regulations.
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 pier.
3. Shore connected piers bayward of residential zoned areas shall be
controlled by the Permittee. Vessels moored at residential piers shall not
create a nuisance with regard to vehicle parking, vessel waste, or noise
disturbances to adjoining residents.
4. Shore connected piers bayward of commercial -zoned areas may be
rented pursuant to the provisions of this Title.
5. Only piers and certain patio decks authorized under Section 17.35.020D
and their appurtenances shall be permitted bayward of the bulkhead.
6. No private piers shall be permitted at street ends.
7. In single unit and two unit residential districts, only a single pier and slip
shall be permitted bayward of each parcel or lot. For multi -unit or mixed
use districts, only a single pier and slip shall be permitted bayward of each
parcel or lot unless permitted by the Harbor Commission or Planning
Commission as appropriate.
8. No new, non - commercial piers on Balboa Island shall be permitted, unless
approved pursuant to Section 17.35.060.
9. The City shall provide harbor lines, parcel lines, parcel information, utility
easements, and other pertinent information associated with the permitting
process, via the City of Newport Beach website at:
hftp://www.city.newport-beach.ca.us
10. Permits may be granted for joint ownership piers at the prolongation of
common lot lines. The permit for joint ownership piers 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.
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B. Setbacks.
1. All piers and slips for residential properties shall be set back a minimum of
five (5) feet from the prolongation of the property line.
2. All piers and slips for commercial properties may extend to, but not past,
the prolongation of the property line.
3. The prolongation of the property line bayward of the same bearing from
the bulkhead shall generally be used in determining the allowable
setbacks for piers and slips. 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 prolongation of the property line has not been
determined and the following conditions exist:
a. Where property lines are not approximately perpendicular to the
Bulkhead Line.
b. Where curves or angles exist in the Bulkhead Line.
C. Where bridges, topography, street ends or publicly owned facilities
adjoin the property.
4. Setbacks apply to joint ownership piers with the exception that the slips,
floats and piers may extend over the common property line.
C. Patio Decks. Patios are not permitted to extend over the waters of Newport
Harbor unless the waters are adjacent to the upland property and outside the
areas described in the Tidelands Trust, and provided the patio complies with the
following conditions:
1. The maximum projection of patio decks encroachments beyond the
Bulkhead Line shall be limited to 5 feet.
2. The minimum setbacks from the prolongations of the side property lines
shall be 5 feet.
3. No float shall be permitted within one foot of the decks.
4. No permanent structure shall be permitted on the projecting portion of the
patios except:
a. Planters and benches not over 16 inches in height.
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b. Railings not over 42 inches in height with approximately 95 percent
open area.
5. A Harbor and Building permit has been obtained.
D. Storage Lockers. Storage lockers and boat boxes may be installed on shore -
connected piers and floats subject to the following limitations:
1. The overall height shall not exceed thirty (30) inches when located
bayward of residential property zones.
2. The overall height shall not exceed thirty (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.
3. The overall height shall not exceed sixty (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.
4. The overall height shall be measured from the deck of the pier or float to
the top of the storage locker and overall height to include the enclosed
portion of the locker or box.
E. Safety Requirements.
1. All commercially operated boat docking facilities shall be equipped with
fire fighting facilities as specified by the Fire Code.
2. Any electrical service upon any pier, dock or float shall be installed under
a permit obtained from the City of Newport Beach Building Department.
3. 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.
4. 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.
F. Encroaching Piers and Floats. In areas where existing piers and floats *encroach
in front of abutting upland property owned by others, a new permit approved by
the Harbor Commission, shall be required upon:
1. Any change in type of existing use of the piers and floats.
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2. Any change in type of existing use of the abutting upland property owned
by the permittee.
Any change of existing ownership of the abutting upland property owned
by the permittee or upon the death of the permittee.
4. 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 Commission 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.
G. Defective Piers. Upon learning that any pier is in a defective or dangerous
condition, the Harbor Resources Manager shall immediately so notify the owner
or other person having charge of the same in writing, requiring such person or
persons to immediately repair it or to put up barriers to prevent persons from
going upon it. If such person shall fail or neglect to do so, the Harbor Resources
Manager may place barriers as necessary for the protection of the public and
charge the cost thereof to such person, and it shall be a violation of this title for
any person to interfere with any such barrier.
If any pier, or any portion thereof, or any material on such pier, shall fall into the
waters of Newport Harbor, it shall be the duty of the owner, agent or lessee of
such pier to forthwith remove the same from the waters of the harbor and, if they
shall fail to do so, the Harbor Resources Manager may do so and the cost
thereof may be recovered from the owner, agent, or lessee of such pier in a civil
action.
17.35.030 Bayward Location of Piers and Floats.
Piers and floats may not extend beyond the Pierhead Line unless approved by
Council Policy as may be amended from time to time.
17.35.040 Other Structures.
A. Race Committee Platforms. Race committee platforms and instruction platforms
may be constructed bayward of the Bulkhead Line at recognized yacht clubs and
recognized sailing schools. All work shall require issuance of a Harbor
Development Permit.
B. Floating Dry Docks. Permits for floating dry docks may be approved by the
Harbor Resources Division, subject to the following conditions:
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1. The location is in waters bayward of commercial, manufacturing or
unclassified zones.
2. The prior approval of a Harbor Use Permit by the Harbor Commission.
3. 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.
17.35.050 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 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 establishment of Bulkhead Lines does not
necessarily allow the property owner to build to the limits of the Bulkhead Line,
due to the potential environmental considerations established by the State of
California and /or the federal government.
The Harbor Resources Division may approve bulkheads located between U.S.
Bulkhead Station No. 112 and No. 109, not to exceed the bayward side of the
"Vacated East Bay Avenue." U.S. Bulkhead Station No. 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 forty (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
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 construction permits shall be subject to a detailed construction
drawing being approved by the Building Department. Drawings and substantially
structural calculations shall be signed by a Civil or Structural Engineer.
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.
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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.
G. Bulkheads shall be designed and sited to protect the character of the existing
shoreline profiles and avoid encroachment onto public tidelands.
H. Maintenance or replacement of existing bulkheads is permitted when expansion
or encroachment into coastal waters is limited to the minimum extent necessary
to repair, maintain, or replace an existing bulkhead and the backfill is not used to
create new usable residential land areas.
17.35.060 Balboa Island; Non - Commercial Piers.
A. No new, non - commercial piers on Balboa Island shall be approved unless
determined by the Harbor Resources Division and Harbor Commission to be in
the public interest. New non - commercial piers, if approved, shall be constructed
in strict conformance with this section and the Design Criteria. Piers presently
permitted may be maintained and repaired upon securing a maintenance permit.
Any revision of an existing pier or float shall be in strict conformance with this
section and shall not be approved if the addition or revision would, in comparison
to the existing structure, further restrict or impair the public's use of the bay or
beach in the vicinity of the pier or floats.
B. Revision to existing structures shall be limited to the following:
The overall square footage of the revised structure shall be equal to or
less than the square footage of the permitted structure;
2. The revised structure does not extend beyond the City permit line (the U.S.
Pierhead Line or such other bayward extension of the permit area that is
permitted by this section or the Council Policy; and
3. The revised structure is wholly within the original permitted area as
specified in the existing permit on file with the City.
C. Whenever any application to install a new, non - commercial pier is submitted to
the Harbor Commission all property owners (according to the latest equalized
assessment roll prepared by the County of Orange and available to the City)
within 300 feet of the exterior boundaries of the parcel for which the application is
submitted shall be notified in writing by the Harbor Resources Division of the
pending application. The applicant shall provide the Harbor Commission with a
list of property owners and envelopes addressed with postage prepaid.
17.35.070 Areas with Special Harbor Permit Regulations.
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A. Promontory Bay. The following conditions are to be placed on each harbor
development permit when approved:
1. That the permittee shall be responsible and maintain the area delineated
on the harbor development permit free and clear from floating rubbish,
debris or litter at all times.
2. 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
development permit.
B. Grand Canal. There shall be no permits issued for shore moorings or pier
platforms fronting on alleys, avenues or other public easements terminating on
the Canal. 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. The following conditions are to be in effect and placed on each harbor
development permit for the Grand Canal:
1. 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 the Design Criteria adopted by
the City of Newport Beach.
2. 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. The permittee shall be allowed no more than one vessel per shore
mooring.
4. Any shore mooring approved for the Grand Canal shall display a permit
number issued by the Harbor Resources Division.
5. Each vessel tied to any pier platform in the Grand Canal shall 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.
17.35.080 Parking Requirements.
Parking shall be provided pursuant to Chapter 20.66 of the Municipal Code.
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17.35.090 Signs.
No sign permitted on the tidelands shall exceed 4 square feet in total area except
signs permitted pursuant to a lease with the City or under a Marine Activities
Permit issued pursuant to Chapter 17.10.
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Chapter 17.40
LIVE - ABOARDS
Sections:
17.40.010
Purpose.
17.40.020
Live - Aboards Prohibited.
17.40.030
Permits Required.
17.40.040
Application for Live - Aboard Permit.
17.40.050
Issuance of Permit.
17.40.060
Term / Renewal.
17.40.070
Conditions / Regulations.
17.40.080
Use of Pumpout Facilities.
17.40.090
Compliance with Law.
17.40.100
Discharge Log.
17.40.110
Limitation on Number of Permits.
17.40.120
Transfer Prohibited.
17.40.130
Revocation / Cancellation.
17.40.140
Suspension and Revocation.
17.40.150
Procedure for Suspension or Revocation.
17.40.160
Appeal.
17.40.010 Purpose.
The City Council of the City of Newport Beach finds and declares as follows:
A. This chapter will promote the public health, safety and welfare by regulating the
number of persons living aboard vessels on offshore moorings and insuring, to
the extent possible, that this residential use does not result in the discharge of
human waste or otherwise adversely impact the health, safety and welfare of
those that visit, work around, or live near, the Bay.
17.40.020 Live - Aboards Prohibited.
Live - aboards shall not be permitted at piers that are bayward of residentially zoned
areas. No person shall live- aboard any vessel on an onshore mooring.
17.40.030 Permits Required.
No person shall live- aboard any vessel assigned to an offshore mooring without first
having obtained a live- aboard permit from the Harbor Resources Manager. No live -
aboard permit shall be issued except to a person holding a valid mooring permit issued
pursuant to Chapter 17.60 of the Newport Beach Municipal Code. No permit shall be
issued to any live- aboard which is not intended to serve as the principal residence of the
permittee. For purposes of this section, principal residence shall mean to live- aboard
for not less than eight months in any calendar year.
17.40.040 Application for Live- Aboard Permit
An application for a live- aboard permit shall be filed with the Harbor Resources
Manager upon forms provided by the City and shall contain the following information:
A. The name of the permittee and the name(s) of all individuals to be living aboard
the vessel;
B. All pertinent information relative to the vessel including, but not necessarily
limited to, the name of the vessel, the registration number of the vessel assigned
by the Department of Motor Vehicles or the United States Coast Guard, the make
and model of the vessel, the length of the vessel;
C. The make, model, and holding tank capacity of the marine sanitation device
installed in the vessel;
D. The address and phone number where the permittee or other adult living aboard
can be contacted during regular work hours or when not occupying the vessel;
E. Other information the Harbor Resources Manager reasonably believes is
necessary or helpful to the efficient administration of the provisions of this
chapter.
Applications will be accepted only from persons holding a valid mooring permit issued
pursuant to Chapter 17.60 of the Newport Beach Municipal Code. All applications shall
be accompanied by a fee established by resolution of the City Council, but the fee shall
not exceed the cost to the City of administering this chapter. The submittal of an
application for live- aboard shall be deemed consent by the owner of the vessel to any
inspection necessary to confirm the accuracy of the information in the application.
17.40.050 Issuance of Permit.
Upon receipt of an application for a live- aboard permit, the Harbor Resources Manager
shall investigate the information contained in the application. The Harbor Resources
Manager shall deny the application if:
A. The vessel which will serve as the principal residence is not equipped with a fully
operational sanitation device sufficient in capacity to insure no discharge of
human waste into the harbor;
B. Approval of the application would result in live- aboard permits in excess of the
limitations provided by this chapter;
C. Issuance of the permit, given the specific circumstances of the application, would
significantly impact persons residing, working or visiting the Bay;
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D. The vessel is incapable of safely maneuvering under its own power, whether by
sail or engine, from the mooring to the open waters of the Pacific Ocean and
back to the mooring.
17.40.060 Term / Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12)
months. Applications for the renewal of any permit shall be submitted at least
sixty (60) days before expiration of the permit, on forms supplied by the City,
shall include the fee established by resolution of the City Council and shall
specify any changes to the information provided on the original application for a
permit
B. The application for renewal shall be denied for any of the reasons specified in
Section 17.40.050; the permittee has failed to comply with any provision of this
chapter during the term of the previously issued permit; or the permittee has
failed to use the vessel as permittee's principal residence during the previous
term of the permit.
C. The issuance of a live- aboard permit is non - transferable and does not create any
tenancy between the City and permittee or other persons living aboard, nor does
it create any property right to the mooring site.
17.40.070 Conditions / Regulations.
A. The Harbor Resources Manager may impose such conditions on the permit as
are reasonably necessary to insure that the activities of the permittee comply
with the provisions of this chapter.
B. The Harbor Resources Manager shall have the power to promulgate rules and
regulations to insure that the purposes of this chapter are satisfied. Each
permittee shall comply with these rules and regulations. Compliance shall be
considered a condition to each live- aboard permit.
17.40.080 Use of Pumpout Facilities.
Permiees shall use pumpout facilities on a regular basis or otherwise discharge human
waste in a legal manner. The permittees and others living aboard pursuant to permit
shall not deposit any garbage or trash in the bay or on property surrounding the bay
except in trash receptacles owned and maintained by the City of Newport Beach.
17.40.090 Compliance with Law.
The permittee, and others authorized to live aboard any vessel, shall comply with all
applicable state and federal laws, the provisions of the Newport Beach Municipal Code,
.W
and all conditions, express and implied, to the permit. Failure to comply with these laws,
ordinances, or policies shall constitute grounds for revocation of the permit.
17.40.100 Discharge Log.
Each permittee shall maintain a log for the use of pumpout facilities. The log shall
contain the date, time, and location waste was discharged. The discharge log shall be
available for inspection by the Harbor Resources Manager at all reasonable hours and
upon request. The log shall be submitted to the Harbor Resources Manager with the
renewal application.
17.40.110 Limitation on Number of Permits.
A. The number of live- aboard permits in effect at any given time shall not exceed
seven percent of the number of offshore mooring permits issued by the City
pursuant to Chapter 17.60.
B. The Harbor Resources Manager shall establish a waiting list of persons who wish
to apply for a live- aboard permit. The waiting list shall consist solely of persons
who hold valid mooring permits issued pursuant to the provisions of Chapter
17.60 of the Newport Beach Municipal Code. Any person who sells or transfers
the vessel, or any ownership interest in the vessel, assigned to a mooring shall
be removed from the waiting list. In the event the number of live- aboard permits
falls below the limit specified in subsection (A) of this section, the Harbor
Resources Manager shall notify the person or persons next in order on the
waiting list of the vacancy or vacancies. The notice shall specify that applications
will be accepted for thirty (30) days after the date of the notice, and that failure to
apply within the thirty (30) day period will result in removal of that person or
persons from the waiting list. Notice shall be deemed given when deposited in
the United States mail, with the first class postage prepaid, and addressed as
specified by the person or persons on the waiting list. City shall not be liable for a
failure to notify any person or persons on the waiting list since placement on the
list does not create any property right in any person or persons on the list nor any
contractual obligation on the part of the City. An application for placement on the
waiting list shall be accompanied by a fee established by resolution of the City
Council, but in no event shall the fee exceed the cost of administering the waiting
list.
17.40.120 Transfer Prohibited.
No person shall transfer, assign, sell or convey a live- aboard permit. Any attempt to
transfer, sell, convey or assign a live- aboard permit shall be a violation of this chapter
and grounds for revocation of the permit.
17.40.130 Revocation / Cancellation.
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The City has reserved the right to cancel live- aboard permits under certain
circumstances. Any permit issued pursuant to this chapter shall be deemed cancelled
upon revocation of the mooring permit issued pursuant to Chapter 17.60 of the Newport
Beach Municipal Code.
17.40.140 Suspension and Revocation.
A. Any permit granted pursuant to this chapter and Chapter 17.60 may be
suspended or revoked by the Harbor Resources Manager upon a determination
that:
1. The permittee has violated, or failed to comply with, any of the provisions
or requirements of this chapter or Title 17;
2. The permittee has discharged raw or treated sewage into the Bay or
otherwise violated the provisions of Section 17.40.090 of this chapter;
3. Permittee has failed to pay any fee required to be paid pursuant to the
provisions of this chapter and/or resolution of the City Council;
4. The permittee, or any person on the vessel, has engaged in conduct
which has unreasonably interfered with the health, safety, welfare, or
peace of any person.
17.40.150 Procedure for Suspension or Revocation.
In the event the Harbor Resources Manager determines there may be grounds for
suspension or revocation of a permit issued pursuant to this chapter, the Harbor
Resources Manager shall give notice of intent to suspend or revoke the permit and the
right of the permittee to request a hearing before the Harbor Resources Manager within
fifteen (15) working days from the date on which notice is given. The notice shall state
the reason for the proposed suspension or revocation and shall be accompanied by any
documents in the possession of the Harbor Resources Manager that pertain to the
grounds for the proposed action. Notice shall be deemed given when:
A. Deposited in the United States mail, first class, postage prepaid, and addressed
to permittee at any mailing address specified on the application for permit;
B. Personally delivered to permittee; or
C. Affixed to perrnittee's vessel in a conspicuous location, or any combination of the
foregoing.
If the permittee does not request a hearing within fifteen (15) working days of the date
notice is provided, the decision of the Harbor Resources Manager shall be final and
permittee shall not be entitled to appeal to the Harbor Commission.
16%
17.40.160 Appeal.
Appeals to this chapter shall be made in accordance with Chapter 17.65.
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Chapter 17.45
SANITATION
Sections:
17.45.010
Piers, Docks and Floats.
17.45.020
Required Pumpout Facilities.
17.45.030
Waste And Refuse; Small Vessel Moorage.
17.45.010 Piers, Docks and Floats.
A. A permit for a pier, dock or float shall not be issued until the rough plumbing for
the dwelling unit or the required sanitation facilities serving such pier, dock or
float has been installed and approved by the City Building Department. The use
of a pier, dock or float will not be allowed until any required sanitation facilities
are completed and in operation.
B. All public or private commercially operated shore - connected boat marinas shall
have a minimum of two restroom facilities, one for women and one for men, for
each 20 berthing spaces available in the marina. The walking distance from the
farthest boat berth to the restroom facility should be minimized to the extent
possible, and shall not exceed a maximum of 1,000 feet in overall walking
distance.
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
and the Building Department.
17.45.020 Required Pumpout Facilities.
A. Findings and Purpose. The City Council finds and declares as follows:
1. On July 14, 1986, the City Council created the Coastal Bay Water Quality
Citizens Advisory Committee in response to growing concerns about the
deterioration of the quality of water in Newport Bay. The Committee was
specifically empowered to develop information, and make
recommendations, on proposed measures to improve water quality of the
bay.
2. The Coastal Bay Water Quality Citizens Advisory Committee has, since its
inception, conducted monthly meetings and received testimony from
representatives of the Regional Water Quality Control Board, the Orange
County Health Department, the Harbor Master, businesses that utilize
Newport Bay, and experts in the field of water quality.
64
3. The Committee has determined, based upon testimony presented to it,
that there are valid reasons for concern about contamination of bay waters
caused by the discharge of human waste from vessels using the harbor.
4. The United States Environmental Protection Agency has determined that
recreational swimmers exposed to waters contaminated by human waste
are at a higher risk of developing gastrointestinal diseases.
5. The failure to take steps to control the discharge of human waste into the
bay could result in a quarantine for water contact sports, a prohibition
against gathering of shellfish from the waters of Newport Harbor and may
lead to the onset and spread of disease in humans.
6. The discharge of human waste into the waters of Newport Bay, if allowed
to continue, could jeopardize the economic viability of businesses which
utilize, or are located on Newport Bay, and severely restrict recreational
use of the bay.
7. The number of public pumpout facilities in Newport Harbor to serve the
number of vessels using the harbor and the location of those facilities are
not convenient to a large number of vessels that require pumpout of
holding tanks. Substantial quantities of human waste have been
discharged directly into the bay because of the lack of adequate pumpout
facilities.
8. The heaviest commercial users of the bay, and those which have the
greatest need for adequate pumpout facilities, are sailing clubs, marine
activity permittees, and certified charter operations that load and unload
passengers at the docks of harbor permittees located in commercial
zones.
9. The installation and use of pumpout facilities by the heaviest commercial
users of Newport Bay will help insure that bacteria, coliform and human
pathogen levels remain below those which would cause the adverse
impacts described in this section.
B. Pumpout Facility Required.
1. All sailing clubs, marinas with a capacity of fifty (50) or more vessels and
marine activity permittees engaged in providing vessels for lease or
charter shall install a vessel waste pumpout system solely for the use of
vessels associated with that activity. The pumpout facility shall be
installed on dock space under the control of the club or permittee with
convenient access to all vessels, owned, leased or chartered by the club
or permittee. The pumpout facility shall have a capacity commensurate
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with the capacity of the holding tanks of the vessel or vessels of the club
or permittee.
2. All pumpout facilities required by this chapter shall be installed pursuant to
permit issued by the Harbor Resources Manager. Application for permit
shall be made on forms prepared, and furnished, by the Harbor Resources
Manager. No fee shall be charged for the issuance of the pumpout facility
permit or any other permit required prior to installation.
3. The application for permit shall be accompanied by appropriate plans and
specifications setting forth in detail the work to be done.
4. The application, plans and specifications required by this chapter shall be
reviewed by the Harbor Resources Manager to determine if the proposed
work meets all requirements of this chapter and other provisions of the
Newport Beach Municipal Code. The Harbor Resources Manager shall
issue the permit if the proposed pumpout station complies with all
applicable ordinances, rules and regulations. A separate permit will be
required from the Building Director prior to installation of the pumpout
facility.
C. Maintenance. Permittee shall maintain the pumpout facility in good condition and
repair at all times.
17.45.030 Waste And Refuse; Small Vessel Moorage.
A. Discharge of Excreta. No person shall discharge, permit or allow any other
person on a vessel under his control or command to discharge any human or
animal excreta from any head, toilet or similar facility on a vessel into the waters
of Newport Bay.
B. Vessel Holding Tank Requirements.
1. Vessel Wastes. No person shall own or operate a vessel equipped with
any head (toilet) or receptacle for human body wastes in the waters of
Newport Bay unless it complies with all applicable federal, state, county
and city standards.
2. Marina Pumpout Facilities. The owner and operator of every commercial
marina with a capacity of fifty (50) or more vessels shall provide a
permanent holding tank pumpout facility or equivalent services which are
operable and available for use at all times and which are capable of
servicing all vessels berthed, docked, or moored at the marina.
C. Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave
or cause, suffer or permit to be thrown, discharged, deposited or left, either from
..
the shore or from any pier or vessel or from any factory or elsewhere, any refuse
matter of any description, into the navigable waters of Newport Harbor or on the
shore of Newport Harbor or any navigable water within the boundaries of the City
where the same may be washed into Newport Harbor or such navigable water,
either by tides, or by floods or otherwise.
D. Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats,
materials, garbage, refuse, timber or waste matter of any description to remain
on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport
Harbor within the City. The Harbor Resources Manager may remove the same
with or without notice, at his option, and the cost thereof may be recovered from
any person owning the same, or placing or causing it to be placed on the
shoreline, in a civil action.
E. Refuse — Marinas and Piers. Any owner or operator of a marina or any owner or
permit holder who maintains a pier, shall keep the area in and around such
marina or pier located on the shorelines of Newport Harbor within the City
reasonably free and clear from beached or floating refuse, debris or litter at all
times.
F. Discharge of Flammable Materials. No person shall pump or discharge from any
vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable
liquid, or deposit any rubbish, refuse matter or articles of any similarly offensive
character therein or upon any pier or street leading to such facility.
G. Dead Animals. No person shall throw, place or leave any dead animal or
putrefying matter in the waters of Newport Harbor, or on or along the shore
thereof or the shore of any tidewater within the City.
H. Signs Concerning Sanitation Regulations. The owner or operator of any
commercial boat docking facility or marina located on the waters of Newport Bay
shall install and maintain at his expense in conspicuous locations on the
premises thereof standard signs to inform the public of the regulations prohibiting
the discharge of toilets on any vessel into the waters of Newport Bay and other
provisions of this title which relate to harbor sanitation. Uniform standards and
specifications for the design and general locations of such signs shall be
prescribed by the Harbor Commission.
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Chapter 17.50
HARBOR DEVELOPMENT PERMITS
Sections:
17.50.010
Permits Required For Harbor Structures.
17.50.020
Application For Harbor Development Permits.
17.50.030
Processing of Application.
17.50.040
Rendering of Decision.
17.50.050
Permit Conditions.
17.50.060
Bond Requirements.
17.50.070
Transfer of Permit.
17.50.080
Expiration, Extension, Violation and Revocation.
17.50.090
Structure Without Permit Declared a Nuisance; Abatement.
17.50.100
Securing of Structures.
17.50.110
Appeal.
17.50.010 Permits Required For Harbor Structures.
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 or
excavating in said waters or ocean, without first obtaining a written "Harbor
Construction Permit" from the City. Painting, replacement of rub - rails, and work
considered cosmetic in nature may not require a permit and may be governed by
state and federal environmental policy and law.
B. The County of Orange 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 owned by the
County or pursuant to a request therefore by the City Council.
C. A separate permit will be required by the Harbor Resources Division for dredging
(see Chapter 17.55: Dredging Permits).
17.50.020 Application For Harbor Development Permits.
A. Required Forms. Applications for authority to erect, revise and do maintenance
work on structures shall be filed in the office of the Building Department and the
Harbor Resources Division in writing on forms prescribed by the Building
Director. Plans showing the location, extent and character of the proposed work
and required fees shall accompany the application. The Building Department
shall not issue a permit without prior approval of the Harbor Resources Division.
C
B. Required Materials. Applications shall be accompanied by all plans, maps, and
other materials required by the prescribed forms, unless specifically waived by
the Building Director. The Building Director may request additional materials
deemed necessary to support the application. Plans accompanying the
application must comply with the Uniform Administrative Code adopted by the
City of Newport Beach
C. Required Signatures. Application for discretionary approvals may be made by the
owner, lessee, or agent of the owner of the property affected. The application
shall be signed by the owner of record or may be signed by the lessee or by an
authorized agent if written authorization from the owner of record is filed
concurrently with the application. The application must be signed by the Harbor
Permittee or his authorized agent. The applicant has the opportunity of
submitting "Alternate Materials of Design and Methods of Construction" that may
deviate from the Design Criteria through the appeal process. Sufficient
justification must be provided to the City to review any appeal request. If such a
request is desired, obtain the necessary form from the City.
D. Fees. Applications shall be accompanied by a fee as established by resolution of
the City Council.
17.50.030 Processing of Application.
A. The application and plans and specifications shall be reviewed by the Harbor
Resources Manager and Building Department to determine whether the
proposed work meets all the requirements of this Code and any standards and
policies adopted by the City Council or required by state or federal regulatory
agencies for such construction or work.
B. Approval by Other Agencies.
1. Coastal Commission. Proof of prior approval, when applicable, from the
California Coastal Commission shall be required before issuing any
permit.
2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps
of Engineers will be required.
3. County of Orange. Proof of prior approval of the County of Orange will be
required when work extends over County tidelands.
4. Approval in Concept. All development in areas where the Coastal
Commission retains coastal development permit authority shall require
conceptual approval from the Harbor Resources Manager prior to
application to the Coastal Commission. An approval in Concept from
Harbor Resources indicates the proposed development conforms in
concept to all applicable provisions of this title only and does not provide
approval for any applicable land use and property development regulation.
C. Before issuing a 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 Chapter 17.65: Appeals.
D. Prior to the issuance of a permit, the applicant will show proof of insurance
coverage as required by the Longshoremen's and Harbor Worker's
Compensation Act.
17.50.040 Rendering of Decision.
A. Approval. The Building Department is authorized to approve and issue new
permits and revisions to existing permits that conform to the Design Criteria and
all applicable standards and policies in conjunction with plan reviews by the
Harbor Resources Division.
B. The application shall be denied if:
1. The application does not conform to the provisions of this Code, the
Design Criteria approved by the City Council; or
2. The proposed application is likely to create navigational congestion, or
otherwise interfere with the rights of other harbor permittees within
Newport Harbor, or other oceanfront property owners.
3. The proposed application does not conform to the policies and regulations
of the certified Local Coastal Program.
17.50.050 Permit Conditions.
A. In granting any such application, the Harbor Resources Manager shall issue the
permit to the owner or long term lessee of the abutting upland property and may
impose conditions in the permit which are deemed necessary to protect
commerce, navigation or fishing, or the use, operation or development of
Newport Harbor.
B. When appropriate where projects involve construction on or near the waterway,
eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be
required as a condition of City approval of projects In the Newport Bay. The
70
Southern California Caulerpa Action Team (SCCAT) shall be immediately notified
if Caulerpa taxifolia is found.
C. 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
applicable provisions of Municipal Code.
D. Inspection. Inspection shall be done by the Building Department for conformity
with the California Building Code, Design Criteria and the approved plans.
17.50.060 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 120 percent of the estimated cost of the work will be
required to guarantee the faithful performance of the proposed work.
17.50.070 Transfer of Permit.
Permits shall only be issued to and held by the owner or long term lessee of the
abutting upland property. The permittee shall not transfer a permit without prior written
approval of the City and payment of fees as established by Resolution of the City
Council. No person who as an abutting upland owner or lessee of real property was
granted a permit under the provisions of this chapter for a pier or similar structure shall
retain any right of use in such pier, or similar structure after having divested himself of
the ownership or leasehold interest in such real property. Upon such divesting, the
ownership interest in such pier, float or similar structure shall remain with the person to
whom the permit was granted, but the right of use thereof shall vest in the City until
such time as a permit for such pier, float or structure is granted to another person.
Except where rights of ownership or use have heretofore been judicially decreed, no
person may heretofore or hereafter gain any rights of ownership or use of any such pier
or similar structure by any purported transfer made without such prior written approval
of the City. The Harbor Resources Manager is authorized to approve transfers of
permits.
17.50.080 Expiration, Extension, Violation and Revocation.
A. Expiration. All construction permits shall expire unless the work contemplated
shall have been completed within 180 days from the date of approval per the
Uniform Administrative Code adopted by the City of Newport Beach.
B. Violation of Terms. Any permit granted in accordance with the terms of this code
may be revoked if any of the conditions or terms of such permit are violated, or if
any law or ordinance is violated in connection therewith.
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C. Revocation. Procedures for revocation shall be as prescribed by Chapter 17.70:
Enforcement.
17.50.090 Structure Without Permit Declared a Nuisance; Abatement.
Every structure maintained in or over the waters of Newport Harbor or the Pacific Ocean
without a current valid permit existing therefore when required by this chapter, or
maintained in a manner or for a purpose other than or different from that provided in the
permit, shall constitute a nuisance and shall be immediately abated and may be
removed. If upon written notice to remove any such structure the owner thereof fails,
refuses or neglects to do so within a reasonable time specified in the notice, being not
less than five nor more than thirty (30) days after such notice, the City shall abate or
remove it and the cost thereof may be recovered from the owner of such structure in a
civil action.
17.50.100 Securing of Structures.
If, based upon an inspection by the City or Orange County Harbor Patrol or other facts,
the Harbor Resources Manager determines that a sea lion has boarded a permitted
structure and /or any vessel or other appurtenances attached to the structure, the Harbor
Resources Manager shall provide the permittee with a notice of determination and the
permittee shall take any and all necessary action to employ and maintain appropriate
measures to deter sea lions from boarding the structure and /or any vessel or other
appurtenances attached to the structure within thirty (30) days of the mailing of the
notice of determination. If the Harbor Resources Manager determines that appropriate
deterrent measures have not been taken within thirty (30) days of the mailing of the
notice of determination, the Harbor Resources Manager shall provide the permittee with
a second notice of determination and the permittee shall take any and all necessary
action to employ and maintain appropriate sea lion deterrent measures within seven (7)
days of the mailing of the second notice of determination. Appropriate deterrent
measures shall be defined as the latest methodology permitted by National Marine
Fisheries Service to minimize sea lion boarding of a permitted structure and /or any
vessel or other appurtenances attached to the structure.
17.50.110 Appeal.
Appeals to this chapter shall be made in accordance with Chapter 17.65.
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Chapter 17.55
DREDGING PERMITS
Sections:
17.55.010
Permit Required.
17.55.020
Application For Dredging Permits.
17.55.030
Limits on Development.
17.55.040
Limits On Uses.
17.55.010 Permit Required.
A. Dredging bayward of residential and commercial property shall be the
responsibility of the Harbor Permittee for the area delineated by the bayward
prolongations of upland side property lines and the U.S. Project Line. All such
dredging will require a dredging permit from the Harbor Resources Division and
other agencies with jurisdictional authority and may be subject to engineering
approval by the Public Works Department.
B. Dredging outside the established harbor lines will require prior approval by the
Harbor Resources Division and the U.S. Army Corps of Engineers.
17.55.020 Application For Dredging Permits.
A. Required Forms. Applications for dredging permits shall be filed in the office of
the Harbor Resources Division in writing on forms prescribed by the Harbor
Resources Manager.
B. Required Materials. Applications shall be accompanied by all plans, maps, and
other materials required by the prescribed forms, unless specifically waived by
the Harbor Resources Manager. Applications shall include the following:
1. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys.
2. Grain size analysis.
3. Identification of the dredge disposal site and dredge quantities.
4. Any other materials the Harbor Resources Manager deems necessary to
support the application.
C. Required Signatures. Application for discretionary approvals may be made by the
owner, lessee, or agent of the owner of the property affected. The application
shall be signed by the owner of record or may be signed by the lessee or by an
73
authorized agent if written authorization from the owner of record is filed
concurrently with the application.
D. Fees. Applications shall be accompanied by a fee as established by resolution of
the City Council.
17.55.030 Limits on Development.
Development involving the diking, filling, or dredging of open coastal waters, wetlands,
or estuaries shall only be permitted under the following circumstances:
A. Only if there is no feasible, less environmentally damaging alternative.
B. If there is no feasible, less environmentally damaging alternative, mitigation
measures shall be provided to minimize adverse environmental effects.
C. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse
effects on the environment. The permittee shall be encouraged to work with the
City in making sure materials are available for harbor beach replenishment.
D. Diking, filling or dredging projects shall sustain the functional capacity of the
wetland, or estuary. In order to establish that the functional capacity is being
maintained, the applicant must demonstrate all of the following:
1. That the project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long -term
stability of the ecosystem; i.e., natural species diversity, abundance, and
composition are essentially unchanged as a result of the project.
2. That the project does not harm or destroy a species or habitat that is rare
or endangered.
3. That the project does not harm a species or habitat that is essential to the
natural biological functioning of the wetland or estuary.
4. That the project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or non - consumptive (e.g., water quality and
research opportunity) values of the wetland or estuarine ecosystem.
E. Dredging and dredged material disposal shall avoid significant disruption to
marine and wildlife habitats and water circulation.
17.55.040 Limits On Uses.
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Development involving diking, filling, or dredging of open coastal waters, wetlands, and
estuaries shall be limited to uses consistent with the Section 30233 of the California
Public Resources Code (Coastal Act) and the certified Local Coastal Program (see
Section 20.76.040 of Title 20: Diking, Filling, and Dredging Projects).
75
Chapter 17.60
HARBOR PERMITS AND LEASES
Sections:
17.60.010
Permits and Public Trust Lands Leases; General.
17.60.020
Application For Permits.
17.60.030
Annual Pier Permits For Non - Commercial Piers.
17.60.040
Mooring Permits.
17.60.050
Houseboats.
17.60.060
Public Trust Lands Leases.
17.60.080
Appeal.
17.60.010 Permits and Public Trust Lands Leases; General.
The State of California became the owner of tidelands on admission to the union in
1850. The City manages those tidelands pursuant to various legislative grants from the
state. The State Lands Commission, which administers tidelands, generally requires a
trustee to negotiate leases on the basis of the current market value of the parcel.
Failure of a trustee to receive consideration approximating the fair market value of
leased tidelands could, under certain circumstances, be considered a violation of the
legislatively imposed Public Trust.
The City manages the tidelands through a series of permits, franchises and leases. The
Harbor Resources Manager shall have the authority approve, conditionally approve, or
disapprove applications for the uses and activities that require a harbor permit by the
individual chapters of this code, unless the authority is specifically assigned to the
Harbor Commission or the City Council.
17.60.020 Application for Permits.
A. Required Forms. Applications for permits which pertain to the harbor under the
provisions of this Title shall be filed in the office of the Harbor Resources
Division, in writing, on forms prescribed by the Harbor Resources Manager.
B. Required Materials. Applications shall be accompanied by all plans, maps, and
other materials required by the prescribed fonns, unless specifically waived by
the Harbor Resources Manager. The Harbor Resources Manager may request
additional materials deemed necessary to support the application.
C. Required Signatures. Application for discretionary approvals may be made by the
owner, lessee, or agent of the owner of the property affected. The application
shall be signed by the owner of record or may be signed by the lessee or by an
authorized agent if written authorization from the owner of record is filed
concurrently with the application.
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D. Fees. Applications and renewals shall be accompanied by a fee as established
by resolution of the City Council.
E. Commercial Users. Commercial uses of public tidelands shall be subject to
rental or lease charges reflective of the fair market value related to such use as
established by appraisal.
17.60.030 Annual Pier Permits for Non - Commercial Piers.
A. Pier Permits. Permits for piers and other structures used for non - commercial
purposes in Newport Harbor shall be renewed annually in order to maintain
comprehensive records concerning such structures, conduct periodic
inspections, and enforce all applicable laws and regulations, and administer
public trust lands.
B. Fees.
1. Fee Required. Every owner or permit holder who maintains a pier used
for non - commercial purposes, any part of which extends into the waters of
Newport Harbor, including any pier located on private property, on a
dedicated channel, or County tide and submerged lands, shall pay to the
City an annual pier permit fee.
2. Fee Schedule. Non - commercial pier permit fees are due and payable on
the schedule established by the Administrative Services Director in
accordance with the amount identified in the Master Fee Schedule.
C. Transfer of Non - Commercial Annual Pier Permits.
1. 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.
2. 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 as established by
resolution of the City Council.
3. The Harbor Resources Division is authorized to approve transfers to the
new owners or long -term lessee of the abutting upland property.
4. Prior to the transfer of an annual pier permit, all harbor structures shall be
inspected for compliance with the City's minimum plumbing, electrical and
77
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.
17.60.040 Mooring Permits.
A. Permit Required. No person shall place, erect, construct or maintain moorings or
buoys in the waters of Newport Harbor over City -owned or controlled tidelands
without first having obtained a mooring permit from the Harbor Resources
Manager. Any work described and authorized in the permit must be completed
within sixty (60) days after issuance of the permit.
B. Issuance of Permit; Conditions. The Harbor Resources Manager, in furtherance
of the tideland grants to the City, may issue a permit to allow the permittee to
temporarily use a portion of the waters of Newport Harbor for the mooring of a
vessel. Each permit so issued by the Harbor Resources Manager shall be issued
to the permittee, specify the vessel for which the permit is issued and provide
that the permittee may change the vessel for which the permit has been issued
upon written notification to the Harbor Resources Manager, and which permit
shall allow the permittee to moor only the vessel owned by him and assigned to
the permit to such mooring or buoy.
1. Exceptions:
a. Permits issued to Yacht Clubs in Single Point Mooring Areas.
When a permit is issued to a yacht club in a single point mooring
area, the club shall be permitted to assign the mooring to one of its
members. The club shall keep a record of the person and vessel to
which the mooring has been assigned.
b. Mooring of a tender. A vessel no longer than fourteen (14) feet in
overall length may be secured to the permitted vessel or may be
secured to the mooring in the absence of the permitted vessel.
C. Multiple Vessel Mooring System Pilot Program. The Harbor
Resources Manager may approve Multiple Vessel Mooring
Systems in single point mooring areas of Newport Harbor during
the duration of this pilot program. A Multiple Vessel Mooring
System is defined as a floating platform secured to a single point
mooring to which may be secured vessels shorter in overall length
than the side of the platform to which the vessel is to be moored.
An application for a Multiple Vessel Mooring System shall be
submitted in writing to the Harbor Resources Manager, who shall
evaluate the application based upon standards he shall have
established. Newport Beach Municipal Code Section 17.60.040 (B)
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(1) (c) shall remain in effect only until June 30, 2008, and as of that
date is repealed, unless a later enacted ordinance, that is enacted
before June 30, 2008, deletes or extends that date. Prior to June
30, 2008, the Harbor Resources Manager shall present a report to
the City Council recommending that the program either be made
permanent, modified, or allowed to expire.
C. Plans and Specifications Required. No permit shall be issued for placing,
erecting, constructing or maintaining a mooring or buoy unless such mooring or
buoy is constructed:
1. In accordance with standard plans and specifications approved by the
Harbor Resources Manager and at a location approved by the Harbor
Resources Manager, or;
2. In accordance with other plans and specifications for said mooring or buoy
which have been submitted by the applicant, showing the construction of
said proposed mooring or buoy together with the location thereof, and
which meet the requirements established in this chapter and which have
been approved by the Harbor Resources Manager.
D. Unpaid Fees. When the permittee is in arrears for a period of one hundred
twenty (120) days or more, the Harbor Resources Manager may, at his
discretion, cancel the permit upon five (5) days written notice to the permittee by
first -class mail to the address shown on the permit. If the mooring is not removed
by the permittee within thirty (30) days after cancellation of the permit, then it
shall be deemed abandoned and the title thereto shall vest in the City.
E. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a
current and valid permit, except with the permission of the Harbor Resources
Manager for temporary use, as herein provided.
F. Transfer of Permit. No permittee shall transfer a permit for a mooring or buoy
granted under the provisions of this chapter without the prior written approval of
the Harbor Resources Manager. No permittee shall retain any right to use the
mooring or buoy after having divested himself of the ownership of the vessel to
be moored thereto. Upon such divesting, the ownership in such mooring or buoy
shall remain with the permittee, but the right of use thereof shall vest in the City
until such time as the City shall grant a permit for such mooring or buoy to
another person. The permittee shall remove the mooring or buoy within thirty (30)
days after divesting himself of ownership of the vessel to be moored thereto or,
upon failure to remove the mooring or buoy, titles shall vest in the City. The City
may, thereafter, sell the mooring or buoy.
G. Revocation of Permit.
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1. Grounds for Revocation. Any permit granted for a mooring or buoy in
Newport Harbor may be revoked upon any of the following grounds set
forth in Section 17.70.020 or for any of the following:
a. The mooring or buoy has fallen into a state of disrepair;
b. The vessel assigned to the mooring has been determined not to be
seaworthy or operable or has been determined to be a public
nuisance and the owner has not made the necessary repairs within
the time required by this chapter;
C. The mooring permittee has failed or refused to allow an inspection
of the vessel to determine if it is seaworthy and operable or a public
nuisance;
d. Living aboard a vessel assigned to a mooring without a Live - aboard
Permit.
2. Notice and Hearing. In the event the Harbor Resources Manager
determines there are grounds to revoke a permit issued pursuant to this
Chapter, the Harbor Resources Manager shall proceed in the manner
described by Section 17.70.020.
3. Upon revocation, it shall be the duty of the owner of the mooring to
immediately remove the mooring. If not removed within thirty (30) days,
said mooring and vessel may be removed by the Harbor Resources
Manager and the cost of mooring and vessel removal shall be paid by the
mooring permittee, and the same may be collected in any court of
competent jurisdiction or recovered by the City from the proceeds of sale
of the mooring.
4. If said mooring is unoccupied, it may be temporarily assigned as a
mooring for guest vessels by the Harbor Resources Manager.
17.60.050 Houseboats.
A. Moorage Restrictions. No person shall moor or dock a houseboat on the waters
of Newport Harbor.
B. No person shall use or occupy or permit the use or occupancy of a houseboat for
living quarters either permanently or on a temporary basis on the waters of
Newport Harbor.
17.60.060 Public Trust Lands Leases.
The following restrictions shall apply to leases of public trust lands:
Alm
A. Leases. In the event public trust lands are used for commercial purposes by an
entity other than the City, then that entity shall enter into a lease with the City.
The City shall, upon Resolution of the City Council, transition any such lands
currently operating under a permit to leases. Such leases shall provide lessees
with a leasehold interest in the property for a period of at least five (5) years, not
to exceed a period of time as limited by the City Charter or applicable state law.
B. Land Use. Leases shall be for uses consistent with the public trust and Section
17.05.080. Preference shall be given to coastal- dependent uses.
C. Public Access. Public access shall be provided in a manner consistent with
Chapter 20.74 of Title 20: Public Access and Recreation.
D. Revenue. Rent under this Section shall be based upon fair market value, as
determined by the City Council. Such determination shall be based upon the
findings of a City selected appraiser.
17.60.080 Appeal.
Appeals to this chapter shall be made in accordance with Chapter 17.65.
Chapter 17.65
APPEALS
Sections:
17.65.010
Authorization.
17.65.020
Time Limits.
17.65.030
Initiation.
17.65.040
Procedures.
17.65.010 Authorization.
m
Decisions of the Harbor Resources Manager resulting from the Manager's
administration of this code may be appealed to the Harbor Commission by any
interested person. Decisions of the Harbor Commission may be appealed to the City
Council by a member of the City Council pursuant to the provisions of this chapter.
17.65.020 Time Limits.
Appeals shall be initiated within fourteen (14) days of the decision.
17.65.030 Initiation.
A. Filing of Appeals. Appeals of decisions of the Harbor Resources Manager shall
be made in writing to the Harbor Resources Manager,
B. Fee. Appeals shall be accompanied by a fee as established by resolution of the
City Council.
C. Effect on Decisions. Decisions that are appealed shall not become effective until
the appeal or review is resolved.
17.65.040 Procedures.
A. Hearing Date. An appeal shall be scheduled for a hearing before the appellate
body within thirty (30) days of the filing of the appeal unless both applicant and
appellant body consent to a later date.
B. Notice and Public Hearing. An appeal hearing shall be a public hearing if the
decision being appealed required a public hearing. Notice of public hearings shall
be given in the manner required for the decision being appealed.
C. Plans and Materials. At an appeal hearing, the appellate body shall consider only
the same application, plans and project related materials that were the subject of
the original decision.
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D. Hearing. At the hearing, the appellate body shall review the record of the
decision and hear testimony of the appellant, the applicant and any other
interested party.
E. Required Findings. At an appeal hearing, the appellate body shall make the
findings prescribed in the individual chapters of this Code when affirming,
modifying or reversing the original decision.
F. Decision and Notice. After the hearing, the appellate (or reviewing body) shall
affirm, modify or reverse the original decision. When a decision is modified or
reversed, the appellate (or reviewing) body shall state the specific reasons for
modification or reversal. Decisions on appeals shall be rendered within thirty (30)
days of the close of the hearing. The Harbor Resources Manager shall mail
notice of a Harbor Commission decision and the City Clerk shall mail a notice of
a City Council decision. Such notice shall be mailed within five working days after
the date of the decision to the applicant and the appellant.
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Chapter 17.70
ENFORCEMENT
Sections:
17.70.010 Declaration of Nuisance; Abatement.
17.70.020 Revocatlon.of Permit.
17.70.010 Declaration of Nuisance; Abatement.
Any building or structure set up, erected, constructed, altered, enlarged, converted,
moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean
contrary to the provisions of this code, and any use of any land, water, building or
premises established, conducted, operated or maintained contrary to the provisions of
this code, shall be and the same is hereby declared to be unlawful and a public
nuisance; and the City Attorney shall, upon order of the City Council, immediately
commence action or proceedings for the abatement and removal and enjoinment
thereof in the manner provided by law, and shall take such other steps and shall apply
to such courts as may have jurisdiction to grant such relief as will abate and remove
such building or structure, and restrain and enjoin any person, firm or corporation from
setting up, erecting, building, maintaining, or using any such building contrary to the
provisions of this code.
17.70.020 Revocation of Permit.
A. Ground for Revocation. Any permit heretofore or hereafter granted for any
structure, work, or activity in the waters of Newport Harbor or the Pack Ocean
may be revoked by the Harbor Commission upon any of the following grounds:
1. The work, structure, use or activity has become detrimental to commerce,
navigation or fishing;
2. The work, structure, use or activity is detrimental to the use, operation or
development of the harbor;
3. The work, structure, use or activity has become a source of pollution of the
harbor;
4. The work, structure, use or activity does not comply with the permit or
does not meet the standards adopted by the Harbor Commission for such
work or structure;
5. The permittee has failed for a period of sixty (60) days to pay the fee or
fees heretofore or hereafter imposed for the occupancy of tidelands, filled
tidelands or submerged lands upon which such work or structure exists;
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6. The work or structure has fallen into a state of disrepair;
7. The space occupied by such work or structure is over public trust land and
such space is to be devoted to a more necessary public use;
8. The permittee has breached or failed to comply with the terms or
conditions contained in the permit or upon which the permit was granted.
9. The work, structure, use or activity violates the terms of the Tidelands
Trust Grants to the City.
B. Notice and Hearing. Any such permit shall be revoked only after a public hearing
before the Harbor Commission at which the permittee has an opportunity to be
heard. At least fifteen (15) days notice of such hearing shall be given in writing by
first class mail with postage prepaid addressed to the address of the permittee
shown on such permit, setting out the date, time and place of hearing.
The Harbor Commission may preside over the hearing or, in the alternative,
appoint a Hearing Officer to conduct the hearing, receive relevant evidence and
to submit to the Harbor Commission findings and recommendations to be
considered by the Harbor Commission, The Harbor Commission shall render its
decision within forty -five (45) days from the date of the hearing or, in the event
that a Hearing Officer has been appointed, within forty-five (45) days from the
date on which the Harbor Commission receives the findings and
recommendations of the Hearing Officer. The decision of the Harbor Commission
shall be final.
C. Decision and Notice. Within 10 days of the conclusion of the hearing, the Harbor
Commission shall render a decision. The City Clerk shall notify the permittee or
applicant of the decision of the Harbor Commission.
D. Effective Date. The decision to revoke a permit shall become final 14 days after
the date of decision, unless appealed.
E. Rights of Appeal. Appeals shall be as prescribed by Chapter 17.65: Appeals.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008 -2 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd
day of January 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of January 2008.
(Seal)
l / Pf-Xlm.P-
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008 -2 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: January 26, 22!008.
In witness whereof, I have hereunto subscribed my name this b day of
2008. /
City Clerk
City of Newport Beach, California