HomeMy WebLinkAbout16 - Residential Piers: Adjusting the Rental Calculation and Approving a Revised Model Permit Template - PowerPoint (Staff)February 10, 2015
Item No. 16
Residential Piers:
Rental Calculation &
Revised Model Permit Template
City Council Meeting
February 10, 2015
Residential Piers
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Pier Permit:
Current Terms
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
HARBOR RESOURCES
(1) Permittee: This Permit is issued on March 1, 2014 to the above listed permittee
( "Permittee ") to construct/maintain a residential pier located upon City of Newport Beach
( "City ") tidelands, as more particularly described and depicted in Attachment t ( "Premises "),
which is attached hereto and incorporated by reference. By acceptance of this Permit, the
Permittee agrees to be bound by the terms contained in this Permit.
(2) Term: This Permit shall be valid for a period of 10 years beginning on July 3, 2014 and
expiring on March 1, 2023, unless terminated earlier as provided herein. A new permit
may be automatically issued upon expiration, provided rent is paid and the pier is
maintained. The City's longstanding policy is to re -issue residential permits to the
upland property owner, who also owns the physical dock associated with the
Premises.
(3) Rent: Rent shall be calculated pursuant to Resolution No. 2013 -88, or any
successor /amended resolution. Resolution No. 2013 -88 and any successor /amended
resolution are automatically incorporated by reference into this Permit, without any
further action by the parties, when adopted by the Newport Beach City Council.
(A) Periodic Payment of Rent: One -sixth (1/6) of annual rent for a particular year
shall be received by the City within nineteen (19) days after the mailing of the
Municipal Services Statement to Permittee. Bi- monthly rent will be billed with the
Permittee's Municipal Services Statement.
(B) Place for Payment of Rent. All payments of rent shall be made in lawful money
of the United States of America and shall be paid to City online at
www.newportbeachca.gov, in person or by United States' mail, or overnight mail
service, at the Cashier's Office located at 100 Civic Center Drive, Newport Beach, CA
92660, or at such other address as City may from time to time designate in writing to
the Permittee. The Permittee assumes all risk of loss and responsibility for late
charges and delinquency rates if payments are not timely received by the City,
regardless of the method of transmittal.
(C) late Charges: A ten percent (10 %) late charge, or the maximum rate allowable
under State law, shall be added to all payments due but not received by City by the
due date.
(D) Third -Party Use This Permit Gallows / ® does not allow (check one) the
Permittee to rent/lease the Premises to a third - party.
(4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities and
paying all taxes (including possessory interest tax, if applicable), fees and assessments for
the Premises or improvements located thereon.
(5) Maintenance: The Permittee assumes full responsibility for operation and maintenance
and repair of the Premises and associated improvements throughout the term of this Permit
at its sole cost, and without expense to the City.
(6) Transfer /Assignment: This Permit may be transferred or assigned by the Permittee as
provided in the Newport Beach Municipal Code.
Attachment 1: Description & Depiction of Premises
829 HARBOR IsuNg DRN NL ow Be cH. CA 92660
P (949) 6443034 1 F (949) 7230589 1 www.NEwPOWBEACHCacov
Pier Permit:
Residential Tidelands Pier Permit
Proposed Changes (1) Permittee: This Permit issued on to
( "Permittee ") to construcVmaintain aresidential pier located upon City of Newport Beach ( "City")
tidelands, as more particularly described and depicted in Attachment 1 ( "Premises'), which is
attached hereto and incorporated by reference. By acceptance of this Permit, the Permittee
agrees to be bound by the terms contained in this Permit.
# 3: Simplified payment of rent
language
# 7: New property right protection
language
(2) Term: This Permit shall be valid for a period of year(s) beginning on March 1,
20_ and expiring on February _, 20_, unless terminated earlier as provided herein. A new
permit may be automatically issued upon expiration, provided rent is paid and the pier is
maintained. The City's longstanding policy is to re -issue residential permits to the upland
property owner, who also owns the physical dock associated with the Premises.
(3) Rent: Rent shall be calculated pursuant to Resolution No. 2015 -_ or any
successor /amended resolution. Resolution No. 2015-_ and any successor /amended
resolution are automatically incorporated by reference into this Permit, without any further action
by the parties, when adopted by the Newport Beach City Council.
(A) Payment of Rent: All rent shall be annually prorated and billed through
Permittee's Municipal Services Statement ( "MSS "). All rent shall be due and
payable pursuant to the terms of Permittee's MSS.
(B) Late Charges: A ten percent (10 %) late charge shall be added to all payments
due but not received by City by the due date.
(C) Third -Party Use: This Permit a allows / u does not allow (check one) the
Permittee to rent/lease the Premises to a third -party.
(4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities and
paying all taxes (including possessory interest tax, if applicable), fees and assessments for the
Premises or improvements located thereon.
(5) Maintenance: The Permittee assumes full responsibility for operation and maintenance
and repair of the Premises and associated improvements throughout the term of this Permit at
its sole cost, and without expense to the City.
(6) Transfer /Assignment: This Permit may be transferred or assigned by the Permittee as
provided in the Newport Beach Municipal Code.
(7) Property Right Protection: The residential pier maintained under this Permit is private
property and shall be protected to the maximum extent under the law from unlawful seizure.
Residential Piers
882 Residential Piers over Public Trust Tidelands — City
330 Residential Piers over other waterways (not charged)
144 Residential Piers over Public Trust Lands — County (not
charged)
Residential Pier "Footprint"
(no change)
Residential Pier "Footprint"
(no change)
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Proposed - 215 VIA LIDO SOUD Proposed - 215 VIA LIDO SOLID
Total Permit Area = 21160 sq. ft. Total Permit Area = 992 sq. ft.
2017 Rental Fee= $1,080 2017 Rental Fee= $496
($0.50 /sq. ft.) ($0.50 /sq. ft.)
$1,134 @ $0.525 /sq.ft. $521 @ $0.525 /sq.ft.
Residential Pier Stats
Total pier permits:
Total physical piers:
Total shared -only pier permits:
Total shared & rental pier permits:
Total rental -only pier permits:
882
807
133
2
11
Total pier permits with U- shaped slips: 309
(► 0
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Shared Pier Examples
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2017
Fee
@
$0.525
2017
Fee
@
$0.50
Difference
Total Area (sq.ft.)
Average Pier Size
Total # of Permits
Total # of Physical Piers
2017
Fee
@
$0.525
2017
Fee
@
$0.50
Difference
Total Area (sq.ft.)
Average Pier Size
Total # of Permits
Total # of Physical Piers
$241,144
$229,693
($11,451)
460,641
1,792
309
257
$129,837
$123,675
($6,162)
196,707
we
309
257
s
$241,144 (Current)
vs.
$123,675 (Proposed)
($117,469)
2017 Fee @ $0.525
2017 Fee @ $0.50
Difference
Total Area (sq.ft.)
Average Pier Size
Total # of Permits
Total # of Physical Piers
.b.
$130,975
$124,803
($6,172)
252,075
•
573
550
2017 Fee @ $0.525 $372,120
2017 Fee @ $0.50 $354,496
Difference ($17,624)
Total Area (sq.ft.) 7121716
Average Pier Size 883
Total # of Permits 882
Total # of Physical Piers 807
2017 Fee @ $0.525 $259,123
2017 Fee @ $0.50 $246,868
Difference ($12,255)
Total Area (sq.ft.) 497,003
Average Pier Size 616
Total # of Permits 882
Total # of Physical Piers 807
$372,120 (Current)
vs.
$246,868 (Proposed)
($125,252)
For More Information
Chris Miller
Harbor Manager
cmiller(a�newportbeachca.gov
Michael Torres
Assistant City Attorney
mtorres(o-),newportbeachca.gov