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NEWPORT BEACH
FoaN'P City Council Staff Report Agenda Item No. SS ---5--
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum .newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager
APPROVED:
TITLE: Harbor Speed Limit - Proposed Changes
ABSTRACT:
The City's adopted vessel speed limits do not allow for sailboats or human powered
vessels to exceed the speed limit of five nautical miles per hour for regattas or races.
The proposed draft ordinance allows for an increase in the speed limit via a permit
issued by Harbor Resources.
RECOMMENDATION:
Receive and file. Provide input to staff.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Harbor Commission's Harbor Code Enforcement Subcommittee has been
reviewing the speed limit with respect to sailboats and human powered vessels so that
sanctioned races or regattas may exceed the speed limit under certain parameters as
dictated through the Code. The proposed draft changes represent the efforts of the
subcommittee with input and guidance from the Office of the City Attorney and Risk
Management.
Harbor Speed Limit - Proposed Changes
Page 2
Highlights of the proposed changes are:
1. 17.01.030 R: Vessel definition updated to include "Human Powered Vessel' and
"Wind Powered Vessel."
2. 17.20.020 A: Speed limit changed from "knots per hour" to "miles per hour' to be
consistent with existing County and State Code.
3. 17.20.070 Vessel Races:
A. The Harbor Resources Manager may issue a permit to allow human
powered vessels with accompanying motorized support vessel, or wind
powered vessels to exceed the speed limit. Permits may be valid for one
year maximum and may cover individual races or a series of races, e.g.,
"Beer Can" races every Thursday night during the summer.
B. A permit application shall be developed, possibly via the internet, to
simplify the process for the applicants and Harbor Resources staff.
C. Conditions shall be incorporated into the permit.
D. Applicant shall provide "Regatta Insurance" for no less than $1,000,000,
and shall indemnify the City.
E. The permit may be revoked at any time under certain circumstances.
F. Decisions of the Harbor Resources Manager may be appealed pursuant to
Chapter 17.65.
Staff is seeking input from Council before the issue is considered at a regular Council
meeting in the near future.
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.
Harbor Speed Limit - Proposed Changes
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item.)
Submitted by:
3aum
Director
A. Proposed Draft Ordinance Revisions
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTIONS 17.01.030(R)
AND 17.20.020(A) AND ADDING SECTION 17.20.070 TO
CHAPTER 17.20 OF THE NEWPORT BEACH MUNICIPAL
CODE, PERTAINING TO VESSEL SPEED LIMITS
WHEREAS, the City of Newport Beach ( "City ") is a premier destination that
provides for a diversity of recreational uses including a visitor friendly harbor, recreational
boating, fishing, water sports, and ecological enrichment; and
WHEREAS, the City has a very active boating community.that enjoys a long history
of nautical racing and competition that includes sailboat racing, human powered boat
racing, and the associated training and practice activities that generally accompany such
events; and
WHEREAS, the City's adopted vessel speed limits do not allow for nautical races
that exceed the posted speed limit of five (5) nautical miles per hour; and
WHEREAS, the City desires to provide flexibility and consistency to vessel speed
limits to be reflective of current practices and related governmental speed limits, while
ensuring a balanced approach to other uses in Newport Harbor; and
WHEREAS, the City filed a copy of this ordinance with the California Department of
Boating and Waterways prior to its adoption and at least thirty (30) days prior to its
effective date, as required by California Harbor and Navigations Code Section 660(a).
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows:
SECTION 1: Section 17.01.030 of Chapter 17.01 is hereby amended to read as
follows:
17.01.030 Definition of Terms
A. Definitions: A
1. Alteration Construction. The term "alteration
construction" shall mean the construction work
relating to twenty (20) percent to fifty (50) percent of
the total replacement value of the dock, as well as
other criteria as stated in subsequent sections of this
title. 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
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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.
4. Assigned Vessel. The term "assigned vessel" shall
mean a vessel lawfully registered, owned or
documented to a permittee to occupy a designated
mooring or berthing location in Newport Harbor.
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
physiographic 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 water line where the
boat directly interfaces the dock, as well as at the
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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 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,
Page 3 of 26
C
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.
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.
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.
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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
California.
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 California 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 California Public
Resources Code, Section 30101).
12. Commercial. The
term
"commercial'
shall mean any
business activity
whether the business
activity is
nonprofit 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
California, when operating under the authority of the
Fish and Game permit.
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,
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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. 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 terms "dry storage" or "dry
boat storage" shall mean all on -land storage of
vessels, including vessels normally stored in open or
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enclosed rack structures, 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.
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
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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: (i) dead load only freeboard, and (ii)
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 "freeboard" shall mean the vertical
distance between the water line 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
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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; waterborne debris and pollution control,
collection, and removal. This category also includes
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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 Manager's 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 Pacific 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
nonfloating, which is designed or fitted out as a place
of habitation and is not principally used for
transportation.
Page 10 of 26
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.
3. Live - Aboard. The term "live- aboard" shall mean the
use or occupancy of a vessel as a domicile for a
period exceeding seventy -two (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 twenty (20) percent of the
total replacement value of the dock, as well as other
criteria as stated in subsequent sections of this title.
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
Page 11 of 26
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 thirty (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.
5. Marine Sales and Services, Uses and Vessels. The
term "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 nineteen (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 nineteen (19) year average of
only the higher high water heights.
Page 12 of 26
8. Mean Low Water. The term "mean low water" shall
mean the nineteen (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 nineteen (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 an MSL (mean sea
level) datum, add two and seventy -six hundredths
(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 under
way.
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.
14. Mud Line. The term "mud line" shall mean the highest
elevation of accumulated sediments adjacent to the
structure in question.
15. Multiple Vessel Mooring System. The term "multiple
vessel mooring system" shall mean a floating platform
secured to a single point mooring only which allows
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multiple vessels to be secured that are shorter in
overall length than the side of the platform to which
the vessels are to be moored.
K. Definitions: N
1. New Construction. The term "new construction" shall
mean the construction work relating to fifty (50)
percent or more of the total replacement value of the
dock, as well as other criteria as stated in subsequent
sections of this title. 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
Harbor' are often used interchangeably. The term
"Newport Bay" shall mean the estuary consisting of
the Lower Newport Bay and the Upper Newport Bay.
3. 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. Nonprofit Organization. The term "nonprofit
organization" shall mean an entity designated as tax
exempt by the Internal Revenue Service or the State
Franchise Tax Board.
L. Definitions:O
1. 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
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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 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. Pacific Ocean. The term "Pacific Ocean" shall mean
the waters off of the City of Newport Beach from the
beach, as defined in Title 17.01.030(B) (3), seaward
three (3) nautical miles.
2. 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.
3. Permittee. The term "permittee" shall be the person
who holds a validly issued permit under any provision
of this title.
4. 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.
5. 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
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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 commercial or
nonresidential 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. Noncommercial Pier. The term "noncommercial
pier' shall mean a pier used for private
recreational purposes by the owner or
occupant(s) 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.
6. 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.
7. Planning Director. The term "Planning Director" shall
mean the Planning Director of the City of Newport
Beach, or the Planning Director's designee.
Page 16 of 26
8. 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.
9. 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).
10. 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.
11. 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).
12. 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.
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.
Page 17 of 26
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.
O. Definitions: S
1. Sail Area. The term "sails area," as defined for the
purposes of structural analysis or berthing facilities
and structural pilings, shall mean the area of a boat,
above the water line; 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 (NOAH) Office of Coast
Survey nautical charts and surveys approximates the
Page 18 of 26
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.
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).
11. Sub - Permits.
a. Sub - Permits— Long -Term. The term "long -term
sub - permit' shall be defined as those mooring
sub - permits issued by the City for the temporary
use of a deemed vacant or a noticed vacant
mooring for a period anywhere between one
month to twelve (12) months.
b. Sub - Permit — Short-Term. The term "short-term
sub - permit' shall be defined as those mooring
sub - permits issued by the City for a temporary
use of a deemed vacant or noticed vacant
mooring for any period of time less than thirty
(30) days as determined by the Harbor
Resources Manager.
Page 19 of 26
P. Definitions: T
1. Tidelands. The term "tidelands" shall mean lands that
are located between the lines of mean high tide and
mean low tide (from California 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. Turning Basin. The term "turning 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 "turning
basin" shall mean that portion of any channel which
has been so designated pursuant to law and
approved by the Federal Government, for the purpose
of permitting vessels to turn around or permitting their
course or direction to be altered therein.
Q. Definitions: U
1. 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
1. 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.
Page 20 of 26
a. Human Powered Vessel. The term "human
powered vessel' shall mean a vessel that is
propelled by the human body through the use of
oars, paddles or the like, without the use of wind,
a motor, or other machinery.
b. Wind Powered Vessel. The term "wind powered
vessel' shall mean a vessel that is propelled by
the wind through the use of sails without the use
of a motor or other machinery.
2. Vessel Length/Width. The term "vessel length /width"
are terms to 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.
Page 21 of 26
T. Definitions: Z
1. Zostera Marina. See Eelgrass.
SECTION 2: Section 17.20.020 of Chapter 17.20 is hereby amended to read as follows:
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 (5) 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.
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 such channel.
2. The Grand Canal is designated as a closed area from
and including June 1st through September 15th of
each year; however, the closure shall not apply to
vessels berthed at residential piers or moorings
located along or within the Grand Canal.
Page 22 of 26
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, waterborne traffic shall mean any object, structure
or vessel in contact with the water.
D. Towing. It is 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.
E. No person owning, leasing, occupying or having charge or
possession of any vessel shall anchor such vessel on the
Pacific Ocean unless the vessel is continuously occupied by
a person during: (1) any nighttime hours (dusk to dawn); (2)
any time period when a Small Craft Advisory or greater has
been issued by the National Oceanic and Atmospheric
Administration; and (3) during daylight hours, except for one
shore excursion daily for no more than three (3) hours.
SECTION 3: Section 17.20.070 is hereby added to Chapter 17.20 to read as follows:
17.20.070 Vessel Races.
A. The Harbor Resources Manager may issue a permit to a
person to exceed the speed limit provided in Code Section
17.20.020(A) when the person is operating a human powered
vessel or wind powered vessel as part of a special event (e.g.,
race). The Harbor Resources Manager has the discretion to
determine whether a permit shall also authorize a person to
exceed the speed limit for the purposes of training or
practicing for a special event. Notwithstanding the restriction
to human powered and wind powered vessels contained in
this subsection, a motorboat may be included within a permit
when the motorboat is providing support services to a special
event or an authorized training or practice.
Page 23 of 26
The Harbor Resources Manager has the discretion to
determine if a permit shall be associated with a single special
event or multiple special events provided that in no event shall
a permit be valid for more than twelve (12) months from its
date of issuance.
B. The Harbor Resources Manager shall create a permit
application form and administrative review process to
implement the discretionary permit provided under this
section.
C. The Harbor Resources Manager may impose conditions on a
permit to protect persons and property and to assure that the
activity allowed under the permit will not create a nuisance or
interfere with the reasonable use of Newport Harbor by other
vessels or persons.
D. As a condition of granting a permit, the Harbor Resources
Manager shall require a permittee to provide Regatta
Insurance for the full period of time for which the permit is
granted in an amount no less than one million dollars
($1,000,000). The Regatta Insurance policy shall carry a
special endorsement naming the City of Newport Beach, its
elected and appointed officers, employees, agents and
volunteers, the County of Orange and the State of California
as additional name insureds. The insurance coverage shall
be primary insurance and /or primary source of recovery as
respects to the City, its elected and appointed officers,
agents, officials, employees and volunteers as respect to all
claims, losses or liability arising directly or indirectly from the
permittee's activity /event in the City. Any insurance or self -
insurance maintained by the City, its officers, officials,
employees and volunteers shall be excess of permittee's
insurance and shall not contribute with it. A certificate and
endorsements evidencing that such insurance is in force and
will remain in force for the period of such permit shall be filed
with the Harbor Resources Manager before any such permit
is effective.
Permittee shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents,
representatives, the City Council, boards and commissions
( "Indemnified Parties ") with respect to any loss, liability,
injury or damage that arises out of, or is in any way related
to, the acts or omissions of permittee, his or her employees,
representatives, officers and agents in the course of
Page 24 of 26
permittee's event/activity; however, permittee shall not be
required to indemnify City from any claim arising from the
sole negligence or willful misconduct of the Indemnified
Parties.
E. Any permit issued under this section may be immediately
revoked at any time without notice by the Harbor Resources
Manager, City Manager, Police Chief, Orange County Sheriffs
Harbor Patrol, or any other person authorized by the City to
enforce rules and regulations within Newport Harbor, under
the following circumstances: (1) the permittee, or a person
participating in a special event under the permit, fails to
comply with the conditions contained within the permit; (2) the
permittee, or a person participating in a special event under
the permit, is operating a vessel that endangers the safety of
other vessels or persons; or (3) the permittee, or a person
participating in a special event under the permit, fails to
comply with the lawful instructions of the Harbor Resources
Manager, City Manager, Police Chief, Orange County Sheriffs
Harbor Patrol, or any other person authorized by the City to
enforce rules and regulations within Newport Harbor. For
appeal purposes, any decision to revoke a permit under this
subsection shall be treated as a decision of the Harbor
Resources Manager.
Any person, whose permit is revoked under this subsection, as
upheld on appeal, if applicable, shall be prohibited from
applying for a new permit for a period of one (1) year from the
date of revocation.
F. Any decision of the Harbor Resources Manager under this
section may be appealed pursuant to Chapter 17.65 of this
Code.
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 hereof, 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,
Page 25 of 26
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.
SECTION 7: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of , 2011, and adopted
on the day of , 2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Michael F. Henn
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt
City Attorney
ATTEST:
Leilani Brown
City Clerk
Page 26 of 26
Harbor Speed Limit
Proposed Changes
City Council Study Session
September 13, 2011
Abstract
City Code does not allow for sailboats or human
powered vessels to exceed the speed limit for races.
Proposed draft ordinance allows for an increase in
the speed limit via a permit system.
Staff is asking for Council input and guidance.
Harbor Commission has conceptually approved this
draft.
Highlights
17.01.03o R: "Vessel" definition updated to include
"Human Powered Vessel" and "Wind Powered Vessel"
• 17.20.02o A: Speed limit changed from nautical miles
per hour to miles per hour
• 17.20.070 Vessel Races
Harbor Resources Manager may issue a permit to sailboats and human
powered vessels (including support vessel) to exceed speed limit. Permit
valid for 1 year.
Highlights
17.20.070 Vessel Races (continued)
A single permit will cover the entire year. Internet based application.
Conditions included in permit.
"Regatta Insurance" required for no less than $1,000,000. Indemnify the
City.
Permit may be revoked at any time.
Decisions of the Harbor Resources Manager may be appealed.
Next Steps
Incorporate any changes as suggested by Council.
File copy of Ordinance with CA Boating and
Waterways as required.
Return to Council in October/ November with
proposed Ordinance.
Effective January / February to give folks ample time
before the summer racing schedule begins.
For More Information
Chris Miller, Harbor Resources Manager
rmil lnrnnewnortbeachca.gov
(949) 644 -3043
Shannon Levin, Harbor Resources Supervisor
• shannon@newportbeachca.gov
(949) 644 -3041