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HomeMy WebLinkAbout2017-74 - Adopting Specifications for Moorings Located Upon Tidelands in Newport HarborRESOLUTION NO. 2017-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING SPECIFICATIONS FOR MOORINGS LOCATED UPON TIDELANDS IN NEWPORT HARBOR WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of certain tidelands located within the City's limits, including Newport Harbor ("City Tidelands"); WHEREAS, the Beacon Bay Bill and Newport Beach Municipal Code Chapter 17.60 allow the City to issue permits and sub -permits to third parties to place, erect, construct, maintain, use, and tie moorings upon City Tidelands; WHEREAS, the City offers two types of moorings, onshore and offshore, that provide an affordable option allowing residents of California to use and enjoy City Tidelands; WHEREAS, onshore moorings are located on the perimeter of the shore within Newport Harbor, and offshore moorings are located offshore, bayward of the pierhead line, within the waters of Newport Harbor; WHEREAS, the mooring permits and sub -permits issued by the City do not convey any underlying property interest and, instead, only allow for the temporary mooring of a vessel upon City Tidelands; WHEREAS, Newport Beach Municipal Code Section 17.25.020(J) provides that the specifications for the size of chains required on moorings and weights of moorings shall be adopted by resolution of the City Council; WHEREAS, City staff has worked with the City Harbor Commission and various Newport Harbor stakeholders, including, but not limited to, the Newport Mooring Association, to review specifications for mooring weight and chain size, and WHEREAS, the City Council finds the Offshore and Onshore Mooring Specifications, attached hereto, contain the minimum required weights and chain sizes for offshore and onshore moorings located on City Tidelands. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby adopt the Offshore and Onshore Mooring Specifications, which are attached hereto and hereby incorporated into this resolution by reference. Section 2: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Resolution No. 2017-74 Page 2 of 2 Section 3: The City Council finds that the adoption of this resolution 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 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of November, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY A-TTORNEY'S OFFICE C. City Mayor Attachment: Offshore and Onshore Mooring Specifications OFFSHORE AND ONSHORE MOORING SPECIFICATIONS City of Newport Beach OFFSHORE MOORING SPECIFICATIONS November 2017 1. All mooring weights must be metal. 2. All chain must be a minimum of Grade 30 Proof Coil steel chain. Chain size specifications must be adhered to regardless of chain grade. Top and bottom chain must be shackled together to form one continuous length. Material other than steel chain may be used only upon written approval of the City of Newport Beach ("City") Harbormaster or his or her designee (collectively, "Harbormaster"). 3. All mooring buoys must be: (1) the "tube -style" type (tube down the center of the buoy) or of such type as approved by the Harbormaster; and (2) painted in compliance with State and Newport Beach Municipal Code requirements, displaying numbers assigned by the Harbormaster. Any existing "ring -style" type buoys in use as of the date above may continue to be used if a safety chain is attached to the vessel, independent of the buoy, to prevent the vessel from swinging during buoy failure. 4. Vessels must be moored fore and aft except in exposed areas designated as single point areas. 5. The required chain length will be determined by the Harbormaster and is governed by the depth of water in various mooring areas. 6. Sand -line moorings may be allowed upon written approval of the Harbormaster. 7. The length of any vessel attached to a mooring must be equal to or less than the City approved mooring length. 8. If a mooring fails (i.e., moves) due to insufficient weight, the mooring permittee shall immediately increase the mooring's weight by at least 20%. 9. Minimum mooring weight, chain size, and line requirements are as follows: Mooring Length (feet)(pounds) Mooring Weight Bottom Chain Size inches Top Chain Size` inches 20' 500 1/2" 1/2- 25' 650 1/2" 1/2" 30' 750 1/2" 1/2" 35' 1,000 5/8" 1/2" 40' 1,500 5/8" 1/2- 451 2,000 3/4" 1/2- 50, 2,000 3/4" 1/2- 55P 2,500 3/4" 1/2" 60' 3,000 3/4" 1/2" 65' 3,000 1" 1/2" 70' 3,500 1" 5/8" 75' 3,500 1" 5/8" 80' 4,000 1" 3/4" 85' 4,500 1" 3/4" 90' 5,000 1" 3/4" 95' 5,000 1" 3/4" * Weight and chain size shown in this table are minimums. Mooring permittee may adjust upward. Minimum Line Requirements Length of Boat in Feet Diameter of Nylon or Dacron in Inches Length of Line Not to Exceed 18' to 20' 1/2 10 Feet 20' to 25' 1/2 10 Feet 25' to 30' 5/8 10 Feet 30' to 40' 5/8 12 Feet 40' to 50' 3/4 15 Feet 50' to 70' 1 15 Feet City of Newport Beach ONSHORE MOORING SPECIFICATIONS November 2017 1. All mooring weights shall be metal. 2. Posts are not allowed for onshore moorings unless there is not a wall for securing the mooring. 3. Onshore moorings should connect directly to the seawall with an eyebolt. 4. Buoy and post / eyebolt shall have a pulley attached with a line of not less than 3/8 inch diameter at all times. Vessel is to be moored securely thereto, bow and stern and must not be left on the beach. 5. All mooring buoys shall be of such type as approved by the Harbormaster, painted in compliance with State and Newport Beach Municipal Code requirements and displaying numbers assigned by the Harbormaster. 6. Minimum mooring weight and chain requirements are as follows: Length of Boat Weight of Mooring Size of Chain Length of Chain 12 feet 200 pounds 3/8 inches 25 feet 15 feet 250 pounds 3/8 inches 25 feet 18 feet 300 pounds 3/8 inches 25 feet STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2017-74 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 281h day of November, 2017; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Kevin Muldoon NAYS: None RECUSED: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of November, 2017. 4&-- Leilani I. Brown City Clerk Newport Beach, California