HomeMy WebLinkAbout03 - Update: H-1 Harbor Permit PolicyCITY OF
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C`q</FORN�P City Council Staff Report
May 22, 2018
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Council Policy Manual Update: H-1 Harbor Permit Policy
ABSTRACT:
Pursuant to City Council's direction, the Harbor Commission has reviewed the Harbor and
Beaches Policies of the Council Policy Manual, and recommends updates to Council
Policy H-1.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2018-24, A Resolution of the City Council of the City of Newport
Beach, California, Adopting Revised City Council Policy H-1; and
c) Introduce Ordinance No. 2018-5, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Newport Beach Municipal Code Chapter 17.35
Relating to the Prohibition of Piers and Floats in Certain Areas of Newport Harbor,
and pass to a second reading on June 12, 2018.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
At the August 8, 2017 meeting, the City Council directed the Harbor Commission to review
the Harbor and Beaches "H" Policies for future City Council consideration. The Harbor
Commission then assigned ad hoc committees to review the policies and to return with
recommendations for improvement. On February 13, 2018, the City Council approved
updates to Council Policies H-2, H-3, H-4 and reaffirmed Council Policy H-5 with no
changes. The City Attorney's Office recommended further review of Council Policy H-1,
and the Harbor Commission subsequently approved Council Policy H-1 on April 11, 2018.
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Council Policy Manual Update: H-1 Harbor Permit Policy
May 22, 2018
Page 2
Council Policy H-1 is proposed to be replaced in its entirety (Attachment A) with a new,
simpler version (Attachment B) that requires the Harbor Commission to consider all
applications that propose to build docks beyond the pierhead line (the current version of
Council Policy H-1 set forth prescribed length limits for piers and floats that could
ultimately be disregarded upon appeal to the Harbor Commission). In other words,
individual approval to build piers and floats beyond the pierhead line will no longer be
made by staff. Instead, those applications will come before the Harbor Commission for
approval any time an application proposes to build beyond the pierhead line regardless
of where the dock/float is located in the harbor.
This new update could add time to the permitting process while the applicant waits until
the next Harbor Commission meeting. However, it is also possible, based on staff
workload at the time the application is submitted, that the process could be truncated. To
help expedite the process, pier applications that appear to staff to be noncontroversial
with respect to the Harbor Commission's required findings, could be added to a Harbor
Commission Consent Calendar for routine approval.
The local dock construction industry was notified about the Council Policy H-1 agenda
item being considered at the Harbor Commission meeting. Swift Slip Dock and Pier
Builders, Inc., a major dock construction company in the harbor, did express some
concerns but ultimately supported the change.
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.
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).
ATTACHMENTS:
Attachment A —
Council Policy H-1 - Redline
Attachment B —
Council Policy H-1 - Clean
Attachment C
— Resolution No. 2018-23
Attachment D
— Ordinance No. 2018-5
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ATTACHMENT A
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X. 14ar-bor- island. Piers will be permitted to extend to the U.S. Pier -head Line.
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ATTACHMENT B
HARBOR PERMIT POLICY
Background
Newport Beach Municipal Code Section 17.35.030(A) provides that piers and
floats may not extend beyond the pierhead line unless approved by Council policy.
Policy
The Harbor Commission may permit a pier or float to extend beyond the pierhead
line if the Harbor Commission makes a determination that such extension will not
negatively impact: (1) navigation; (2) adjacent property owners; and (3) existing
harbor uses.
Any permit issued by the City of Newport Beach before July 12, 2018, which allows
a pier or float to extend beyond the pierhead line, is ratified by the City Council and
may continue as valid unless and until such pier or float is extended or enlarged.
Reaffirmed
-January 24, 1994
Amended -
June 27, 1994
Amended -
June 26, 1995
Amended -
March 25, 1996
Amended -
June 8, 1998 (effective July 22, 1998)
Amended -
December 14, 1998
Amended -
May 8, 2001
Amended -
September 10, 2002
Amended -
October 28, 2003
Amended -
January 22, 2008
Amended -
July 12, 2018
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ATTACHMENT C
RESOLUTION NO. 2018- 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REVISED CITY COUNCIL POLICY H-1
WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter,
Municipal Code, and adopted City Council Policies;
WHEREAS, at its August 8, 2017 meeting, the City Council directed the Harbor
Commission to review the City Council "H" Policies ("H Policies") for future Council
consideration;
WHEREAS, the Harbor Commission formed ad hoc committees to review the H
Policies with interested parties and present recommendations to the entire Harbor
Commission regarding revisions to improve readability and efficiency;
WHEREAS, on January 10, 2018, the Harbor Commission approved for
submission to City Council revisions to Council Policies H-2, H-3, H-4, and the City
Council approved those on February 13, 2018;
WHEREAS, on April 11, 2018, the Harbor Commission approved for submission
to City Council revisions to Council Policy H-1;
WHEREAS, the revisions to the H Policies, among other things, provide clarity,
avoid ambiguity and simplify when possible; and
WHEREAS, the Harbor Commission recommends the City Council revise Council
Policy H-1 as shown in the revised policy attached to this resolution as Exhibit 1, and
incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows.-
Section
ollows:Section 1: The City Council hereby amends Council Policy H-1 as shown in
Exhibit 1.
Section 2: All prior versions of Council Policy H-1 that are in conflict with the
revisions adopted by this resolution are hereby repealed.
Section 3: 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.
W
Resolution No. 2018 -
Page 2 of 2
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and the
amendment of the specified City Council Policies 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: This resolution shall take effect July 12, 2018, and the City Clerk shall
certify the vote adopting the resolution.
ADOPTED this 22nd day of May, 2018.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ORNEY'S OFFICE
Aar n C. rp
City Attorney
Marshall "Duffy" Duffield
Mayor
Attachment: Exhibit 1 — Revised City Council Policy H-1
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HARBOR PERMIT POLICY
Background
H-1
Newport Beach Municipal Code Section 17.35.030(A) provides that piers and
floats may not extend beyond the pierhead line unless approved by Council policy.
Policy
The Harbor Commission may permit a pier or float to extend beyond the pierhead
line if the Harbor Commission makes a determination that such extension will not
negatively impact: (1) navigation; (2) adjacent property owners; and (3) existing
harbor uses.
Any permit issued by the City of Newport Beach before July 12, 2018, which allows
a pier or float to extend beyond the pierhead line, is ratified by the City Council and
may continue as valid unless and until such pier or float is extended or enlarged.
Reaffirmed - January 24, 1994
Amended - June 27, 1994
Amended - June 26, 1995
Amended - March 25, 1996
Amended - June 8, 1998 (effective July 22, 1998)
Amended - December 14, 1998
Amended - May 8, 2001
Amended - September 10, 2002
Amended - October 28, 2003
Amended - January 22, 2008
Amended - July 12, 2018
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ATTACHMENT D
ORDINANCE NO. 2018 - 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT
BEACH MUNICIPAL CODE CHAPTER 17.35 RELATING
TO THE PROHIBITION OF PIERS AND FLOATS IN
CERTAIN AREAS OF 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 tidelands located within the City's limits, including Newport Harbor;
WHEREAS, the Beacon Bay Bill and Title 17 of the Newport Beach Municipal Code
("NBMC") allow the City to authorize third parties to construct and maintain residential
and commercial piers upon tidelands;
WHEREAS, Council Policy H-1 provides for the extension of piers and floats
beyond the pierhead line;
WHEREAS, on May 22, 2018, City Council made significant changes to Policy H-
1, which, among other things, removed language prohibiting piers and floats in certain
parts of Newport Harbor; and
WHEREAS, the City desires to maintain the status quo for existing piers and floats,
while protecting and preserving the interests of property owners in Newport Harbor.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: NBMC Section 17.35.030 is hereby amended to read as follows:
A. Piers and floats may not extend beyond the pierhead line
unless approved by Council policy as may be amended
from time to time.
B. Piers and floats shall not be permitted on the north side of
the channel south of Bay Island.
C. Piers and floats shall not be permitted in the beach area
along the northerly side of Lido Isle between the easterly
line of Lot 849 and the westerly line of Lot 493.
D. Piers and floats shall not be permitted in the beach area
along the southerly side of Lido Isle between the easterly
line of Lot 919 and the westerly line of Lot 457.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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Ordinance No. 2018 -
Page 2 of 3
Section 3: 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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 4: The City Council finds the introduction and adoption of 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. Alternatively, the City Council finds the approval of this
ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no
potential for causing a significant effect on the environment.
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414. This ordinance shall be effective thirty (30)
calendar 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 22nd day of May, 2018, and adopted on the 12th day of
.dune, 2018, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
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Ordinance No, 2018 -
Page 3 of 3
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-q.-
AARON C1, HARD CITY ATTORNEY
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