HomeMy WebLinkAbout03 - Public PiersCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
February 8, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
SUBJECT: SECOND READING AND ADOPTION OF CITY OF NEWPORT BEACH
ORDINANCE No. 2011- RELATING TO AMENDING THE TIME
LIMITS AND RULES FOR THE CITY'S PUBLIC. PIERS
ISSUE
Staff is proposing new time limits and rules for the City's public piers to reflect the needs
of the boaters and community at each of these locations.
RECOMMENDATION
Conduct a second reading and adopt Ordinance No. 2011- relating to amending
the time limits and rules for the City's public piers.
DISCUSSION
Ordinance No. 2011 - was introduced at the January 22, 2011 City Council
meeting. A copy of the staff report is attached as Attachment B.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
Second Reading -Public Pier Time Limits and Rules
February 8, 2011
Page 2
PUBLIC NOTICE
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Prepared by:
Cyr v yyJ `6 i�t- f.Q�li(�6rA�Y�
Chris Miller
Harbor Resources Manager
Submitted by:
Attachments: A — Ordinance 2011-
B — Copy of January 22, 2011 Staff Report
Badum
s Director
Second Reading - Public Pier Time Limits and Rules
February 8, 2011
Page 3
Attachment A
Ordinance 2011-
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
17.01.030 OF CHAPTER 17.01, SECTION 17.25.010 OF
CHAPTER 17.25 OF TITLE 17 AND SECTION 11.20.060 OF
CHAPTER 11.20 OF TITLE 11 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO PUBLIC PIER TIME
LIMITS AND RULES
WHEREAS, the City of Newport Beach regulates time limits and rules for the
City's public piers in Newport Harbor; and
WHEREAS, the public piers at Fernando, 15th and 191h Streets were recently
reconfigured therefore requiring an update to the time limits and rules; and
WHEREAS, the Rhine Channel public pier was recently constructed as the
terminus of the Rhine Channel therefore requiring an update to the time limits and rules;
and "
WHEREAS, the boater and the community have requested a modification to the
existing time limits and rules for the public piers to better reflect current usage patterns;
and
WHEREAS, a color coded striping system on the docks, similar to color coded .
curb markings on the street, was determined to be the best way to inform the boaters of
the new time limits while also allowing flexibility for future adjustments with the time
zones;and
WHEREAS, fishing restrictions have been recommended by the community for
certain public piers, particularly at 19th Street and the Rhine Channel, and that further
restrictions will be considered with input from the Harbor Commission; and,
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Subsection 17.01.030(D) of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to read as follows:
17.01.030 Definition of Terms.
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. Dinghy or Tender. The term "Dinghy" or "Tender" shall mean a vessel no
longer than fourteen (14) feet in overall length.
3. Director. The term "Director" shall mean the Director of the Harbors,
Beaches and Parks Department of the County of Orange.
4. 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.
5. 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.
6. Dry (Boat) Storage. The term "Dry Storage" or "Dry Boat Storage" shall
mean all on -land storage of vessels including vessels normally stored in
open or enclosed rack structures, on trailers, on cradles, on boat stands,
or by other means.
SECTION 2: Subsection 17.01.030(N) of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to read as follows:
17.01.030 Definition of Terms.
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.
2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus
of the Rhine Channel where vessels may load and unload supplies directly
to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf Public Pier" shall mean
the pier and long float parallel to the Rhine Wharf, and which is used for
public recreational purposes provided by a public agency.
4.. 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.
5. Risk Manager. The term "Risk Manager' shall mean the Risk Manager of
the City of Newport Beach, or his or her designee.
SECTION 3: Section 17.25.010 of Chapter 17.25 of the Newport Beach
Municipal Code is hereby amended to read as follows:
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: (a) a commercial
fishing vessel is loading or unloading, and no other mooring or berthing space is
available in the harbor for this purpose; or (b) 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 subsection (A)(2) of this section.
B. Obstruction Prohibited. No person shall intentionally obstruct the free access to and
departure from any portion of any pier.
C. Time Limits and Rules.
1. 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
occupancy, congestion or blocking thereof. Where necessary to achieve public
use and to avoid extended occupancy, congestion or blocking thereof, the
Harbor Resources Manager is authorized and directed to post the following
dock markings or signs limiting the time during which a vessel may be tied up
or secured, or supplies or gear may be placed at or on any such pier or facility.
The dock markings shall have the meanings as herein set forth:
a. Blue markings shall mean vessels tied up or secured for twenty (20)
minutes maximum.
b. Green markings shall mean vessels tied up or secured for three (3)
hours maximum.
c. Black markings shall. mean vessels tied up or secured for twenty -four
(24) hours maximum.
d. Yellow markings shall mean vessels tied up or secured for seventy -two
(72) hours maximum.
e. Red markings shall mean vessels shall not be tied up or secured for any
amount of time.
f. Orange markings shall mean the maximum length vessel permitted to be
tied up or secured is nine (9) feet.
2. The Rhine Wharf adjacent to the Rhine Wharf Public Pier, shall not be
used by vessels for any purpose except with a valid Rhine Wharf Permit issued
by the Harbor Resources Manager, and subject to the following conditions:
a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours
maximum.
b. The Harbor Resources Manager shall have the authority to limit the size
of vessels using the Rhine Wharf.
c. Vessels using the Rhine Wharf shall be in the actual process of loading,
unloading or engaged in temporary repairs.
d. The Harbor Resources Manager may authorize an extension of the four -
hour period where special circumstances dictate.such an extension.
3. When dock markings and signs are posted giving notice of the time limits
and size restrictions in Subsections (1)(a) through (f) above, no person shall tie
up or secure a vessel at any such facility for a period of time in excess of that
period, exceed the maximum permitted.vessel length, or permit any supplies or
gear to remain on such facility for a period in excess of that posted on the sign.
4. The Rhine Wharf public pier shall be closed between the hours of 12:00
AM and 6:00 AM daily.
D. Vessel Tie -Up Method. Every vessel tied up and secured at any pier in Newport
Harbor shall be fastened in such a manner as to assure the security of such vessel fore
(bow) and aft (stern) at a minimum with the exception of dinghies which may tie up bow
only at public piers.
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 arrestor attached to the
smokestack of such engine so as to prevent sparks from coming into contact with the
pier or vessel.
SECTION 4: Section 11.20.060 of Chapter 11.20 of the Newport Beach
Municipal Code is hereby amended to read as follows:
11.20.060 Closing the Newport Pier, Balboa Pier and/or Other Public Piers.
A. The City Manager shall have the authority to close the Newport Pier, Balboa Pier
and /or other public piers to members of the general public during certain hours. The
closure shall be effective at such time as signs giving notice of the hours of closure are
posted at conspicuous places on the pier.
B. The City Manager shall have the authority to prohibit fishing on all or part of the
Newport Pier, Balboa Pier and /or other public piers during certain hours to facilitate use
of the pier by the general public. The prohibition shall be effective at such time as signs
giving notice of the prohibition are posted at conspicuous places on the pier.
C. No person shall remain on the Balboa Pier, Newport Pier and /or other public piers
during hours of closure as established by the City Manager.
D. No person shall fish from the Balboa Pier, Newport Pier and /or any other public
piers during the times or at the places as prohibited by the City Manager.
E. No person shall fail to comply with the request of any City employee responsible for
cleaning or supervising any pier to leave or move to a specific location on the pier.
SECTION 5: 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 thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
SECTION 6: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 7: 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.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 25`" day of January, 2011, and adopted on the 8t' day of February,
2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
JDF-F CE OF THE CIT ATTORNEY
DAVID R. HUNT, CITY ATTORNEY
Second Reading - Public Pier Time Limits and Rules
February 8, 2011
Page 4
Attachment B
Copy of January 22, 2011 Staff Report
EXHIBIT D
LEGISLATIVE DRAFT ORDINANCE NO. 2011-_ (redline)
17.01.030 Definition of Terms.
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.
42. Dinghy or Tender. The term "Dinghy" or "Tender' shall mean a
vessel no longer than fourteen (14) feet in overall length.
2:3. Director. The term "Director' shall mean the Director of the Harbors,
Beaches and Parks Department of the County of Orange.
34. 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.
4.5. 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 6. Dry (Boat) Storage. The term "Dry Storage" or "Dry Boat Storage"
shall mean all on -land storage of vessels including vessels normally
stored in open or enclosed rack structures, on trailers, on cradles, on boat
stands, or by other means.
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.
2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus
of the Rhine Channel where vessels may load and unload supplies directly
to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf Public Pier' shall mean
the pier and long float parallel to the Rhine Wharf, and which is used for
public recreational purposes provided by a public agency.
4_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.
5. Risk Manager. The term "Risk Manager" shall mean the Risk Manager
of the City of Newport Beach, or his or her designee.
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: (a) a commercial
fishing vessel is loading or unloading, and no other mooring or berthing space is
available in the harbor for this purpose; or (b) 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 subsection (A)(2) of this section.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
January 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949- 644 -3043, cmiller @newportbeachca.gov
SUBJECT: PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE 2011 -
RELATING TO AMENDING THE TIME LIMITS AND RULES FOR THE
CITY'S PUBLIC PIERS
ISSUE
Staff is proposing new time limits and rules for the City's public piers to reflect the needs
of the boaters and community at each of these locations.
RECOMMENDATION
Introduce an ordinance amending Newport Beach Municipal Code Section 17.01.030,
Section 17.25.010 and Section 11.20.060 which amends the time limits and rules for the
City's public piers, and pass to a second reading on February 8, 2011.
DISCUSSION
The City maintains eleven public piers throughout Newport Harbor: six on the peninsula
including the new Rhine Wharf public pier, and five on Balboa Island. In 2005, the City
Council updated the time limits on these public piers to help control the abundance of
dinghies that overwhelmed some of the piers. In general, the time limits on the City's
public piers are currently: 20 minutes for the front (bayward) side of the floats, 2 hours
for the sides, and 12 hours for the back (landward) side of the floats.
These time limits have been well received, but over the years, the harbor community
has suggested further refinement to reflect the actual usage at the piers. In addition,
updated time limits and rules are necessary for the piers at Fernando, 15th and 19th
Streets which were recently reconfigured to better accommodate the boater's needs for
coveted dinghy tie -up space. Staff and the Harbor Commission's Mooring Master Plan
Subcommittee felt it was important to first install these newly reconfigured docks then let
the public use them for the summer before new rules were developed. This strategy
allowed time to observe the natural flow of usage so the rules and time limits could be
established around an already functioning system.
Public Pier Time Limits and Rules
January 25, 2011
Page 2
Also, since the Rhine Wharf is a completely new pier for Newport Harbor (dedicated in
November 2010), new time limits and rules are necessary at that location as well.
TIME LIMITS
Staff recommends that the dock sides should be easily identifiable with their respective
time frames, so a color system (solid stripe on the topside of the float) was
conceptualized much like curb colors for street parking. These colored stripes will also
be clearly marked on the new signs posted at each of the docks. In addition, this new
sign will have all of the rules for each dock as they may apply, therefore minimizing
some of the "sign clutter" currently on our piers.
Blue Zone =
Green Zone =
Black Zone =
Yellow Zone =
Red Zone =
Orange Zone=
20 minutes
3 hour maximum
24 hour maximum
72 hour maximum
No tie -up
9 foot maximum vessel length
• Blue Zone (20 minutes): Generally for the bayward side of the docks (current
practice).
• Green Zone (3 hours): Generally for the sides of the docks allowing adequate
time for the public to use land -based facilities, i.e. restaurants.
• Black Zone (24 hours): Generally for the backside of the docks that were not
recently reconfigured.
• Yellow Zone (72 hours): Generally for the reconfigured piers at Fernando, 15th
and 19th Streets where demand is highest and space is now abundant.
• Red Zone (no tie -up): Generally for the small areas on the backsides of the
reconfigured piers to help manage dock congestion.
• Orange Zone (9' maximum vessel length): Generally for 15th Street but could be
used at other docks if needed.
This color coded system will also allow Harbor Resources make adjustments in the
future through a simple re- striping effort. These new time limits will not be in effect until
the public piers are properly painted and noticed per the ordinance.
RULES
• Fishing shall be prohibited at any public pier when adequate signs are posted
giving notice of such prohibition. The piers immediately affected by this rule
would be the 19th Street and Rhine Wharf public piers. The remaining public
piers would be individually considered for no fishing upon recommendation from
the Harbor Commission. (The Harbor Commission is currently reconsidering their
initial recommendation of no fishing at four other public piers on the peninsula
Public Pier Time Limits and Rules
January 25, 2011
Page 3
and Balboa Island. A subcommittee has been formed to reexamine this issue
before any further action is taken.)
Note: The dock reconfiguration subcommittee negotiated the `no fishing' rule
with the residents at 19th Street in consideration to the recent dock
reconfiguration at that location. Also, no fishing at the Rhine Wharf public
pier was incorporated into the Coastal Commission's approval for this project
in consideration to the local residents.
Rhine Wharf only: Pier closed from 12:00 AM to 6:00 AM.
In addition, Code Section 17.25.010(D) needs clarification to allow dinghies to tie up
bow only at public piers. Currently, the Code specifies bow and stern tie -up which is
impractical for dinghies and for conserving space at the public piers. The revised code
will read:
Vessel Tie -up Method. Every vessel berthed at any pier in Newport
Harbor shall be fashioned in such a manner as to assure the security of
such vessel fore and aft at a minimum with the exception of dinghies
which may tie up bow only at public piers.
ENFORCEMENT
Enforcement of the time limits and rules will continue to be under the Harbor Patrol's
jurisdiction with input from Harbor Resources.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
PUBLIC NOTICE
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
FISCAL IMPACT
There will be no fiscal impact with the passage of this ordinance with the exception of
minor costs for new signage and painting.
Public Pier Time Limits and Rules
January 25, 2011
Page 4
Prepared by: Submitted by:
�Ir'JY
Chris Miller ep eA6-
. Badum
Harbor Resources Manager P lic orks Director
Attachments: A - Vicinity Map - Public Piers
B - Example of Time Limits (Colors) at 15" Street
C - Example of Typical Public Pier Time Limits
D - Ordinance 2011 - - Redline
E - Ordinance 2011-
Public Pier Time Limits and Rules
January 25, 2011
Page 5
Attachment A
Vicinity Map — Public PieFs
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"0 Public Piers in Newport Harbor
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Public Pier Time Limits and Rules
January 25, 2011
Page 6
Exhibit B
Example of Time Limits (Colors) at 15th Street
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Exhibit C
Example of Typical Public Pier Time Limits
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Public Pier Time Limits and Rules
January 25, 2011
Page 7
Public Pier Time Limits and Rules
January 25, 2011
Page 8
Exhibit D
Ordinance 2011 - (Redline)
EXHIBIT D
LEGISLATIVE DRAFT ORDINANCE NO. 2011 -_ (redline)
17.01.030 Definition of Terms.
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.
2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus
of the Rhine Channel where vessels may load and unload supplies directly
to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf Public Pier" shall mean
the pier and long float parallel to the Rhine Wharf, and which is used for
public recreational purposes provided by a public agency.
4_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.
37 5. Risk Manager. The term "Risk Manager" shall mean the Risk Manager
of the City of Newport Beach, or his or her designee.
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: (a) a commercial
fishing vessel is loading or unloading, and no other mooring or berthing space is
available in the harbor for this purpose; or (b) 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 subsection (A)(2) of this section.
B. Obstruction Prohibited. No person shall intentionally obstruct the free access to and
departure from any portion of any pier.
C. Time Limits and Rules.
1_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
occupancy, congestion or blocking thereof. Where necessary to achieve
public use and to avoid extended occupancy, congestion or blocking
thereof, the City ManaWHarbor Resources Manager is authorized and
directed to post the following dock markings or signs limiting the time during
which a vessel may be tied up or secured, deeked or supplies or gear may
be placed at or on any such pier or facility. to the fell wiRq: The dock
markings shall have the meanings as herein set forth:
a. Blue markings shall mean vessels tied up or secured for twenty (20)
minutes maximum.
b. Green markings shall mean vessels tied up or secured for three (3)
hours maximum.
c. Black markings shall mean vessels tied up or secured for twenty -four
(24) hours maximum.
d. Yellow markings shall mean vessels tied up or secured for seven! -two
(72) hours maximum.
e. Red markings shall mean vessels shall not be tied up or secured for any
amount of time.
f. Orange markings shall mean the maximum length vessel permitted to
be tied up or secured is nine (9) feet.
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ira�rn TS:�r.T.ii:.x�err.�srsr_r�vr�r: _
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52 —The Rhine Wharf4?ark adjacent to the Rhine Wharf Public Pier, shall not
be used by vessels for any purpose except with a valid Rhine Wharf Permit
issued by the Harbor Resources Manager, and is four hears, subject to the
following conditions:
a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours
maximum.
ba. The Harbor Resources Manager shall have the authority to limit the
size of vessels using the Rhine Wharfsush- fasil+ty.
cb. Vessels using the Rhine Wharfthity shall be in the actual
process of loading, unloading or engaged in temporary repairs.
ds. The Harbor Resources Manager may authorize an extension of the
four -hour period where special circumstances dictate such an extension.
dThe Harbor Reseurces Manager shall have the authority to limit the size
of vessels and time of „sc of fi here fanaU ies develened at the Rhine
......... ...... ..,..., ... ...,., ,,. .,,....., ......,..,r.,.. .... ...,. .......
Wharf.
3. When dock markings and signs are posted giving notice of the time limits
and size restrictions in Subsections (1)(a) through (f) above a siga i�r in blase
limits, giving RGtiee of suGh time no person shall tie up or secure der* a vessel
CM
52 —The Rhine Wharf4?ark adjacent to the Rhine Wharf Public Pier, shall not
be used by vessels for any purpose except with a valid Rhine Wharf Permit
issued by the Harbor Resources Manager, and is four hears, subject to the
following conditions:
a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours
maximum.
ba. The Harbor Resources Manager shall have the authority to limit the
size of vessels using the Rhine Wharfsush- fasil+ty.
cb. Vessels using the Rhine Wharfthity shall be in the actual
process of loading, unloading or engaged in temporary repairs.
ds. The Harbor Resources Manager may authorize an extension of the
four -hour period where special circumstances dictate such an extension.
dThe Harbor Reseurces Manager shall have the authority to limit the size
of vessels and time of „sc of fi here fanaU ies develened at the Rhine
......... ...... ..,..., ... ...,., ,,. .,,....., ......,..,r.,.. .... ...,. .......
Wharf.
3. When dock markings and signs are posted giving notice of the time limits
and size restrictions in Subsections (1)(a) through (f) above a siga i�r in blase
limits, giving RGtiee of suGh time no person shall tie up or secure der* a vessel
at any such facility for a period of time in excess of that period, exceed the
maximum permitted vessel length, or permit any supplies or gear to remain on
such facility for a period in excess of that posted on the sign.
4. The Rhine Wharf public pier shall be closed between the hours of 12:00 AM
and 6:00 AM daily.
D. Vessel Tie -Up Method. Every vessel tied up and secured berthed at any pier in
Newport Harbor shall be fastened in such a manner as to assure the security of such
vessel fore bow and aft_(sternl at a minimum with the exception of dinghies which may
tie up bow only at public piers.
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 arrestor attached to the
smokestack of such engine so as to prevent sparks from coming into contact with the
pier or vessel. ,
11.20.060 Closing the Newport Pier ,_- andler-Balboa Pier and /or Other Public Piers.
A. The City Manager shall have the authority to close the Newport Pier- and/or Balboa
Pier and /or other public piers to members of the general public during certain hours.
The closure shall be effective at such time as signs giving notice of the hours of closure
are posted at conspicuous places on the pier.
B. The City Manager shall have the authority to prohibit fishing on all or part of the
Newport Pier - and /or-the Balboa Pier and /or other public piers during certain hours to
facilitate use of the pier by the general public. The prohibition shall be effective at such
time as signs giving notice of the prohibition are posted at conspicuous places on the
pier.
C. No person shall remain on the Balboa Pier, -er Newport Pier and /or other public
ijers during hours of closure as established by the City Manager.
D. No person shall fish from the Balboa Pier,-of Newport Pier and /or any other public
hers. during the times or at the places as prohibited by the City Manager.
E. No person shall fail to comply with the request of any City employee responsible for
cleaning or supervising any pier to leave or move to a specific location on the pier. (Ord.
95 -1 (part), 1995: Ord. 93 -28 § 2 (part), 1993)
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
17.01.030 OF CHAPTER 17.01, SECTION 17.25.010 OF
CHAPTER 17.25 OF TITLE 17 AND SECTION 11.20.060 OF
CHAPTER 11.20 OF TITLE 11 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO PUBLIC PIER TIME
LIMITS AND RULES
WHEREAS, the City of Newport Beach regulates time limits and rules for the
City's public piers in Newport Harbor; and
WHEREAS, the public piers at Fernando, 15th and 19th Streets were recently
reconfigured therefore requiring an update to the time limits and rules; and
WHEREAS, the Rhine Channel public pier was recently constructed as the
terminus of the Rhine Channel therefore requiring an update to the time limits and rules;
and
WHEREAS, the boater and the community have requested a modification to the
existing time limits and rules for the public piers to better reflect current usage patterns;
and
WHEREAS, a color coded striping system on the docks, similar to color coded
curb markings on the street, was determined to be the best way to inform the boaters of
the new time limits while also allowing flexibility for future adjustments with the time
zones; and
WHEREAS, fishing restrictions have been recommended by the community for
certain public piers, particularly at 19th Street and the Rhine Channel, and that further
restrictions will be considered with input from the Harbor Commission; and,
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Subsection 17.01.030(N) of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to read as follows:
17.01.030 Definition of Terms.
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.
2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus
of the Rhine Channel where vessels may load and unload supplies directly
to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf Public Pier" shall mean
the pier and long float parallel to the Rhine Wharf, and which is used for
public recreational purposes provided by a public agency.
4. 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.
5. Risk Manager. The term "Risk Manager' shall mean the Risk Manager of
the City of Newport Beach, or his or her designee.
SECTION 2: Section 17.25.010 of Chapter 17.25 of the Newport Beach
Municipal Code is hereby amended to read as follows:
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: (a) a commercial
fishing vessel is loading or unloading, and no other mooring or berthing space is
available in the harbor for this purpose; or (b) 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 subsection (A)(2) of this section.
B. Obstruction Prohibited. No person shall intentionally obstruct the free access to and
departure from any portion of any pier.
C. Time Limits and Rules.
1. 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
occupancy, congestion or blocking thereof. Where necessary to achieve public
use and to avoid extended occupancy, congestion or blocking thereof, the
Harbor Resources Manager is authorized and directed to post the following
dock markings or signs limiting the time during which a vessel may be tied up
or secured, or supplies or gear may be placed at or on any such pier or facility.
The dock markings shall have the meanings as herein set forth:
a. Blue markings shall mean vessels tied up or secured for twenty (20)
minutes maximum.
b. Green markings__ shall mean_ vessels tied up or secured for three (3)
hours maximum.
c. Black markings shall mean vessels tied up or secured for twenty -four
(24) hours maximum.
d. Yellow markings shall mean vessels tied up or secured for seventy -two
(72) hours maximum.
e. Red markings shall mean vessels shall not be tied up or secured for any
amount of time.
f. Orange markings shall mean the maximum length vessel permitted to be
tied up or secured is nine (9) feet.
2. The Rhine Wharf adjacent to the Rhine Wharf Public Pier, shall not be
used by vessels for any purpose except with a valid Rhine Wharf Permit issued
by the Harbor Resources Manager, and subject to the following conditions:
a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours
maximum.
b. The Harbor Resources Manager shall have the authority to limit the size
of vessels using the Rhine Wharf.
c. Vessels using the Rhine Wharf shall be in the actual process of loading,
e
unloading or engaged in temporary repairs.
d. The Harbor Resources Manager may authorize an extension of the four -
hour period where special circumstances dictate such an extension.
3. When dock markings and signs are posted giving notice of the time limits
and size restrictions in Subsections (1)(a) through (f) above, no person shall tie
up or secure a vessel at any such facility for a period of time in excess of that
period, exceed the maximum permitted vessel length, or permit any supplies or
gear to remain on such facility for a period in excess of that posted on the sign.
4. The Rhine Wharf public pier shall be closed between the hours of 12:00
AM and 6:00 AM daily.
D. Vessel Tie -Up Method. Every vessel tied up and secured at any pier in Newport
Harbor shall be fastened in such a manner as to assure the security of such vessel fore
(bow) and aft (stern) at a minimum with the exception of dinghies which may tie up bow
only at public piers.
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 arrestor attached to the
smokestack of such engine so as to prevent sparks from coming into contact with the
pier or vessel.
SECTION 3: Section 11.20.060 of Chapter 11.20 of the Newport Beach
Municipal Code is hereby amended to read as follows:
11.20.060 Closing the Newport Pier, Balboa Pier and/or Other Public Piers.
A. The City Manager shall have the authority to close the Newport Pier, Balboa Pier
and /or other public piers to members of the general public during certain hours. The
closure shall be effective at such time as signs giving notice of the hours of closure are
posted at conspicuous places on the pier.
B. The City Manager shall have the authority to prohibit fishing on all or part of the
Newport Pier, Balboa Pier and /or other public piers during certain hours to facilitate use
of the pier by the general public. The prohibition shall be effective at such time as signs
giving notice of the prohibition are posted at conspicuous places on the pier.
C. No person shall remain on the Balboa Pier, Newport Pier and /or other public piers
during hours of closure as established by the City Manager.
D. No person shall fish from the Balboa Pier, Newport Pier and /or any other public
piers during the times or at the places as prohibited by the City Manager.
E. No person shall fail to comply with the request of any City employee responsible for
cleaning or supervising any pier to leave or move to a specific location on the pier. (Ord.
95 -1 (part), 1995: Ord. 93 -28 § 2 (part), 1993)
SECTION 4: 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 thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
SECTION 5: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 6: 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.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 25th day of January, 2011, and adopted on the 8th day of February,
2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CE yCITY ATTORNEY
DAVID R. HUNT, CITY ATTORNEY