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Home My WebLink About03 - Prohibition of Piers and Floats in Newport HarborPaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report June 12, 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: Prohibition of Piers and Floats in Newport Harbor — Second Reading ABSTRACT: At the May 22, 2018 City Council meeting, the City Council introduced and conducted the first reading of Ordinance 2018-5 amending Newport Beach Municipal Code 17.35 Relating to the Prohibition of Piers and Floats in Certain Areas of Newport Harbor. 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; and b) Adopt 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. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At the May 22, 2018 meeting, the City Council adopted Resolution No. 2018-24 which revised Council Policy H-1 by requiring the Harbor Commission to consider all applications that propose to build docks beyond the pierhead line. In addition to this Resolution, the City Council also approved and passed to a second reading, Ordinance No. 2018-5 that lists the areas in the harbor where piers and floats are prohibited. 3-1 Prohibition of Piers and Floats in Newport Harbor — Second Reading June 12, 2018 Page 2 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 — Ordinance No. 2018-5 Attachment B — Staff Report (May 22, 2018) 3-2 ATTACHMENT A 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. 3-3 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 3-4 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 3-5 Q �EwPpRT CITY OF ATTACHMENT B O � =- z NEWPORT BEACH <,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. 3-6 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. 2018-24 Attachment D — Ordinance No. 2018-5 3-7 ATTACHMENT A • r r. ■ m ► �. r ►ON O MM r. ■ m 1111111 own, MEN 3-10 X. 14ar-bor- island. Piers will be permitted to extend to the U.S. Pier -head Line. pi rs ; or -t1; Gterly of Tots 14; 1.5; 16 and 36_ • Line between &S. B�allkheacl Sta. No. 172 and Ne. 174. 3-11 10 , .. • 3-11 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 3-12 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. 3-13 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 3-14 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 3-15 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. 3-16 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 3-17 ATTEST: Ordinance No, 2018 - Page 3 of 3 LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4.1- CITY .. CITY ATTORNEY 3-18