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Home My WebLink About12 - City Council Policy H-1, Harbor Permit Policy — Proposed RevisionsPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN November 5, 2019 Agenda Item No. 12 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, Public Works Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Resolution No. 2019-98: City Council Policy H-1, Harbor Permit Policy — Proposed Revisions ABSTRACT: At the June 25, 2019 meeting, the City Council revised Council Policy H-1 to clarify the Policy's intent and process in order to assist staff and the Harbor Commission when considering future applications. The City Council also directed the Harbor Commission to review the recent changes and to make recommendations to the City Council regarding any proposed revisions thereto. At the July 10, 2019 Harbor Commission meeting a subcommittee was appointed to review the Policy and return to the Commission by October with recommended changes, if any. The Harbor Commission reviewed the proposed changes and approved forwarding the recommendation to the City Council for their consideration. RECOMMENDATION: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Resolution No. 2019-98, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy H-1 "Harbor Permit Policy. " FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Council Policy H-1 provides criteria for staff and the Harbor Commission when making decisions regarding piers and floats within Newport Harbor; specifically, the distance the piers and floats extend bayward beyond the pierhead line. In June 2019, the City Council updated Council Policy H-1, and at the same meeting, directed the Harbor Commission to review the Policy and return with recommended changes, if any. 12-1 Resolution No. 2019-98: City Council Policy H-1, Harbor Permit Policy — Proposed Revisions November 5, 2019 Page 2 The Harbor Commission reviewed the current Council Policy H-1 and recommended the changes as shown on Attachment B. The proposed revisions do not alter the original intent of the Policy. Rather, they provide clarity for both staff and the Commission as they consider future projects. The following are the substantive recommendations from the Harbor Commission: • Insert the word "bayward" whenever referencing an extension "beyond the pierhead line" • Add the phrase "all of the following conditions are met' before the specific conditions • Improve formatting and layout of the enumerated conditions • Add the word "navigation" to condition 5(d) as an item that shall not be negatively impacted • Add the following paragraph for clarity on situations where a pierhead line is irrelevant: "For those piers and floats in the areas where pierhead lines do not exist or in areas not otherwise clearly defined by the criteria within this Policy, staff may consider approving those pier and float projects if the reconstruction is like -for -like including any upgrades required to meet current code and building standards, and if the existing pier or float configuration was previously permitted." 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 — Resolution No. 2019-98 Attachment B — City Council Policy H-1 (redline) 12-2 ATTACHMENT A RESOLUTION NO. 2019-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A REVISED CITY COUNCIL POLICY H-1 "HARBOR PERMIT POLICY" WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, at its June 25, 2019 meeting, the City Council revised City Council Policy H-1 and directed the Harbor Commission to review the proposed changes; WHEREAS, on October 9, 2019, the Harbor Commission reviewed and approved proposed changes for City Council consideration. The revisions to City Council Policy H- 1, which is attached hereto as Exhibit 1 and incorporated herein by reference, provide clarity and direction; and WHEREAS, the City Council of the City of Newport Beach desires to revise City Council Policy H-1. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts Council Policy H-1 as shown in Exhibit 1, which is incorporated herein by reference. 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. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. 12-3 Resolution No. 2019 - Page 2 of 2 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 City Council Policy H-1 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, Division 6, 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 immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 5th day of November, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. Aaron C. Harp City Attorney Attachment: Exhibit 1 — Revised City Council Policy H-1 12-4 EXHIBT 1 H-1 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 Consistent with Title 17's purposes described in Newport Beach Municipal Code Section 17.05.020, the City Council's general policy is not to approve piers and floats beyond the pierhead line. Limited exceptions exist as described in this Policy, but the Harbor Commission is directed to use this general policy and the underlying purposes of Title 17 as a default rule that can only be excepted by making specific findings concerning such exceptions. The proper procedure for determining whether such exceptions exist is to hold a public hearing in front of the Harbor Commission with a staff report that includes a staff recommendation and accompanying materials that shall include, but are not limited to, the application and materials supporting the staff recommendation. The Harbor Commission shall consider the City's general policy as articulated herein and shall make specific factual findings as to each of the categories of exceptions. The applicant, or any interested person, shall have the right to appeal the Harbor Commission's decision to the City Council in accordance with Chapter 17.65 of the Municipal Code. Any individual City Council Member shall also have the right to call for review the Harbor Commission's decision to the City Council in accordance with Chapter 17.65. The Harbor Commission, or the City Council considering an appeal or call for review, may approve or conditionally approve a permit for a pier or float to extend bayward beyond the pierhead line if it is determined that all of the following conditions are met: 1. The existing pier or float is currently encroaching bayward beyond the pierhead line; 2. The existing pier or float was previously permitted to encroach bayward beyond the pierhead line; 3. The pier or float will not encroach any further bayward beyond the pierhead line than the existing encroachment beyond the pierhead line; 12-5 H-1 4. Any vessel utilizing the pier or float will not extend bayward beyond the project line or line at which the vessel would currently be allowed, whichever is greater; and 5. The pier or float will: a. Preserve the diverse uses of the harbor and the waterfront that contribute to the charm and character of Newport Harbor; b. Maintain or enhance public access to the harbor waterways and waterfront areas; c. Preserve or enhance the visual character of the harbor; and d. Not negatively impact adjacent property owners, navigation and future harbor dredging. Any permit issued by the City of Newport Beach before June 26, 2019, which allows an existing pier or float to extend bayward beyond the pierhead line, is ratified by the City Council and may continue as valid until such time as a new permit for a pier or float is approved and the pier or float is constructed pursuant to the new permit. For those piers and floats in areas where pierhead lines do not exist or in areas not otherwise clearly defined by the criteria within this Policy, staff may consider approving those pier and float projects if the reconstruction is like -for -like, including any upgrades required to meet current code and building standards, and if the existing pier or float configuration was previously permitted. History Adopted H-1- 6-1-1964 Amended H-1 -10-19-1964 Amended H-1 -10-26-1964 Amended H-1 - 4-27-65 Reaffirmed H-1- 8-30-1966 Amended H-1 -1-9-1967 Amended H-1 - 7-24-1967 Amended H-1 - 6-24-1968 Amended H-1- 8-19-1968 Amended H-1-12-23-1968 Amended H-1-1-26-1970 Reaffirmed H-1 - 3-9-1970 2 12-6 Reaffirmed H-1- 2-14-1972 Amended H-1- 8-14-1972 Amended H-1- 6-25-1973 Reaffirmed H-1-12-10-1973 Amended H-1-12-17-1973 Amended H-1- 6-10-1974 Reaffirmed H-1-11-11-1974 Amended H-1- 3-10-1975 Amended H-1- 4-28-1975 Amended H-1- 5-27-1975 Amended H-1-10-28-1975 Amended H-1-12-8-1975 Amended H-1- 5-10-1976 Amended H-1-10-26-1976 Amended H-1-11-22-1976 Reaffirmed H-1-1-24-1977 Amended H-1- 5-23-1977 Amended H-1- 5-22-1978 Amended H-1-12-11-1978 Amended H-1- 3-12-1979 Amended H-1- 6-25-1979 Amended H-1- 6-9-1980 Amended H-1- 6-23-1980 Amended H-1-11-23-1981 Amended H-1- 6-28-1982 Amended H-1-10-12-1982 Amended H-1-10-25-1982 Amended H-1- 6-27-1983 Amended H-1-1-14-1985 Amended H-1- 3-25-1985 Amended H-1- 6-24-1985 Amended H-1- 6-22-1987 Amended H-1- 6-13-1988 Amended H-1-11-28-1988 Amended H-1- 6-26-1989 Amended H-1- 9-25-1989 Amended H-1-11-27-1989 Amended H-1- 5-14-1990 Amended H-1- 6-25-1990 Amended H-1- 4-8-1991 3 H-1 12-7 Amended H-1 - 6-24-1991 Amended H-1-10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1- 6-27-1994 Amended H-1 - 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1- 06-8,1998 Amended H-1 -12-14-1998 Amended H-1 - 5-8-2001 Amended H-1- 9-10-2002 Amended H-1-10-28-2003 Amended H-1- 4-13-2004 Amended H-1-1-8-2008 Amended H-1- 5-22-2018 Amended H-1- 6-25-2019 Amended H-1-11-5-2019 4 H-1 12-8 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 Consistent with Title 17's purposes described in Newport Beach Municipal Code Section 17.05.020, the City Council's general policy is not to approve piers and floats beyond the pierhead line. Limited exceptions exist as described in this Policy, but the Harbor Commission is directed to use this general policy and the underlying purposes of Title 17 as a default rule that can only be excepted by making specific findings concerning such exceptions. The proper procedure for determining whether such exceptions exist is to hold a public hearing in front of the Harbor Commission with a staff report that includes a staff recommendation and accompanying materials that shall include, but are not limited to, the application and materials supporting the staff recommendation. The Harbor Commission shall consider the City's general policy as articulated herein and shall make specific factual findings as to each of the categories of exceptions. The applicant, or any interested person, shall have the right to appeal the Harbor Commission's decision to the City Council in accordance with Chapter 17.65 of the Municipal Code. Any individual City Council Member shall also have the right to call for review the Harbor Commission's decision to the City Council in accordance with Chapter 17.65. The Harbor Commission, or the City Council considering an appeal or call for review, may approve or conditionally approve a permit for a pier or float to extend badbeyond the pierhead line if it is determined that all of the following conditions are met: 1. {WTthe existing pier or float is aiready physieally currently encroaching bad beyond the pierhead line; I-.2.k2+4jhe existing pier or float was lega4y permitted to encroach bad beyond the pierhead line;_ 3. {3} 4The pier or float will not encroach any further bayward beyond the pierhead line than the existing encroachment beyond the pierhead line;resul - i ar ;r„r---- „ the 12-9 4. {4)-aAny vesselbeaat utilizing the pier or float will not extend bayward beyond the project line or line at which i1the vessel would currently be allowed, whichever is greater; and 5 {5)-tlhe pier or float will: a. ("Preserve the diverse uses of the harbor and the waterfront that contribute to the charm and character of Newport Harbor;;_ b. {ii*mMaintain or enhance public access to the harbor waterways and waterfront areasL, c. (iii)-pPreserve or enhance the visual character of the harborL. and a d. (i- Not negatively impact adjacent property owners, navigation and future harbor dredging_ e he iaFber Any permit issued by the City of Newport Beach before June 26, 2019, which allows an existing pier or float to extend badbeyond the pierhead line, is ratified by the City Council and may continue as valid until such time as a new permit for a pier or float is approved and the pier or float is constructed pursuant to the new permit. For those piers and floats in areas where pierhead lines do not exist or in areas not otherwise clearly defined by the criteria within this Policy, staff may consider approving those pier and float projects if the reconstruction is like -for -like, including any upgrades required to meet current code and building standards, and if the existing pier or float configuration was previously permitted. History Adopted H-1 - 6-1-1964 Amended H-1 -10-19-1964 Amended H-1 -10-26-1964 Amended H-1 - 4-27-65 Reaffirmed H-1 - 8-30-1966 Amended H-1 -1-9-1967 Amended H-1 - 7-24-1967 Amended H-1 - 6-24-1968 12-10 Amended H-1 - 8-19-1968 Amended H-1 -12-23-1968 Amended H-1 -1-26-1970 Reaffirmed H-1 - 3-9-1970 Reaffirmed H-1 - 2-14-1972 Amended H-1 - 8-14-1972 Amended H-1 - 6-25-1973 Reaffirmed H-1 -12-10-1973 Amended H-1 -12-17-1973 Amended H-1 - 6-10-1974 Reaffirmed H-1 -11-11-1974 Amended H-1 - 3-10-1975 Amended H-1 - 4-28-1975 Amended H-1 - 5-27-1975 Amended H-1 -10-28-1975 Amended H-1 -12-8-1975 Amended H-1 - 5-10-1976 Amended H-1 -10-26-1976 Amended H-1 -11-22-1976 Reaffirmed H-1 -1-24-1977 Amended H-1 - 5-23-1977 Amended H-1 - 5-22-1978 Amended H-1 -12-11-1978 Amended H-1 - 3-12-1979 Amended H-1 - 6-25-1979 Amended H-1 - 6-9-1980 Amended H-1 - 6-23-1980 Amended H-1 -11-23-1981 Amended H-1 - 6-28-1982 Amended H-1 -10-12-1982 Amended H-1 -10-25-1982 Amended H-1 - 6-27-1983 Amended H-1 -1-14-1985 Amended H-1 - 3-25-1985 Amended H-1 - 6-24-1985 Amended H-1 - 6-22-1987 Amended H-1 - 6-13-1988 Amended H-1 -11-28-1988 Amended H-1 - 6-26-1989 Amended H-1 - 9-25-1989 12-11 Amended H-1 -11-27-1989 Amended H-1 - 5-14-1990 Amended H-1 - 6-25-1990 Amended H-1 - 4-8-1991 Amended H-1 - 6-24-1991 Amended H-1 -10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1 - 6-27-1994 Amended H-1 - 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1 - june06--8, 1998 Amended H-1 -12-14-1998 Amended H-1 - 5-8-2001 Amended H-1 - 9-10-2002 Amended H-1 -10-28-2003 Amended H-1 - 4-13-2004 Amended H-1 -1-8-2008 Amended H-1 - 5-22-2018 Amended H-1 - 6-25-2019 Amended H-1 -11-5-2019 12-12