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Home My WebLink AboutPA2001-050 HARBOR ELEMENT GPA 2000-2 PART 1 CffY of Newpod FILE Beach Cop Planning Commission Minutes May 17,2001 INDEX 'qe slowly developing new budget nodules and line items to transfer these studies into the operational budgets of the various departments as opposed to the Capitol Improvement Program,which really should be for infrastructure and physical,improvements. Commissioner.Gifford asked about the Storm Drain Improvement Program on page 9 noting ghat most of the funding is going to Balboa Boulevard from Medina to 12th Sheet. Are there future years in which Balboa Boulevard storm drain improvements are being funded? Mr. Edmonston answered that there are on-going projects. The next one is from 12th to 1 bm Streets and from there on up. There is a series of matching improvements and this budget item will be used to do the drainage work associated with each phase. Commissioner Gifford then asked if there is any overlap with the improvements here for storm drains and the improvements to Balboa Village? Mr. Edmonton answered that the Balboa Village project has ❑ more complex series of fundings associated with it. There is drainage work in that project, but if it shows up here, it is my understanding that `the Balboa Village item is separate and not in this item. Motion was made by Chairperson Selich that the. Planning Commission finds that the Capital Improvement Program FY 2001-02 is con$istent with the General Plan, Zoning Code and other planning policy documents and direct staff to present this recommendation to the City Council. Ayes: McDaniel.l(iism Agajanian,Selich,Gifford,Tucker Noes: None Absent: Kranzley SUBJECT: Proposed Harbor and Bay Bement Item No.5 ■ (PA2D01-050) PA2DD1-050 The Harbor and Bay Element is a new optional element of the General Plan Recommended for intended to address uses of the water and waterfront property in Newport Bay Approval and Harbor. Senior Planner Patrick Alford noted the following excerpts from the staff report: • Add a new element to the General Plan. • The new element would provide for five major goals: ➢ Diverse use of the harbor by setting priorities of land use established by current Local Coastal Program and the Coastal Act. ➢ Public access to the Harbor, provision of parking, launch ramps, moorings and other forms of access. 4 City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX A Environmental protection with the emphasis on water quality and cooperation with the various resource agencies that have jurisdiction over the Harbor and Bay, particularly the Upper Newport Bay A Visual character with the emphasis on the aesthetics of harbor structures and the protection of harbor landmarks. A Administration with emphasis on coordination with the County, State and Federal agencies that have jurisdiction over the waters of the harbor and the provision for the facilities necessary for the on-going administration and maintenance of the harbor • The Economic Development Committee reviewed this proposed element and has unanimously recommended that the Planning Commission recommend approval to the City Council. • This item is to be reviewed by the Environmental Quality Affairs Committee on May 21 ss Commissioner Tucker questioned at what point does the Planning Commission jurisdiction start and what is to be done when an application is received. The Element seems to deal with what starts as the project line into the Bay, but there are references to what happens on the land that is next to the Bay or adjacent to the Bay and, in one or two cases, it is not clear how far from the Bay one gets before a policy comes into effect. Mr. Alford explained that it is not the intent to establish exact lines of demarcation, particularly on review authority. This will be an Element of the General Plan so the City will review projects against this and other policies of the General Plan. It is a matter of which policies are applicable. If there is a land use issue, for example, that could affect harbor operations, there are several policies here that could come into play and the project would have to be analyzed for consistency with those policies. Commissioner Tucker noted that if the Planning Commission gets an application for a Use Permit for a use that is within the project line next to the Bay, that application is consistent with the zoning of the property but do we then took at what the policies are in this Element to decide whether to grant the Use Permit even though it may be a use that is consistent with the zoning? Does it go that far? Mr. Alford answered that if there is discretion involved, most likely there is a finding that it has to be consistent with the General Plan. The application would have to be reviewed against the applicable policies of this Element. Consistency with zoning would not be the only issue. The hope is that the zoning is implemented in such a way that it is always consistent, however, there are always some uses that need additional review. Commissioner Tucker then asked about Objective HB-1.1.2: 'When reviewing proposals for land uses changes, the City shall consider the impact on water dependent and water-related land uses and activities and the importance of 5 City of Newport Beach Planning Commission Minutes May 17, 2DD1 INDEX providing adequate sites for facilities and services essential to the operation of the Harbor....' How far from right on the bulkhead, does that extend? If we have a boat yard that is 100 yards off the water and not on the street do we look at that? Mr. Alford answered that the Planning Commission will have to use its best judgement on how far to extend. The intent is to deal mainly with the uses within the immediate vicinity of the Bay. If, for example, there was a land use that might introduce residential land uses in an area that has been predominately commercial, particularly our marine/recreational commercial uses, then it is possible that future residences there might produce a land use conflict with those uses and could endanger future operations. That would be one factor to be taken into consideration, if you are looking at a potential land use change, If it is not a zoning or land use amendment, like a mixed use project similar to the one in Cannery Village/MGFodden Square area that the Commission heard recently, this was introducing land uses into an area that was primarily commercial and there was a question of compatibility. Commissioner Tucker then asked about, '.... However, in no case, shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property.' Viable and highest use, or even close to highest use, are not necessarily the same. Certainly a property could have many potential uses, some viable but perhaps not the highest and best use, or the use desired by that ownership. How do we deal with something like that? Mr. Alford answered that it would be addressed as a land use issue. You have to provide viable economic use of the property. He then added that this was one of the major issues the Harbor Committee had to deal with and that is how do you protect certain uses that are considered essential to the operation of the harbor but still protect property rights. You d❑ have to maintain the viable economic use of the property so you are not involved in a taking. At the some time, you have to provide a number of incentives or other mechanisms to try and encourage those uses to continue. Looking at that in combination with the other policies and that major goal, the overall intent is clear that it is meant to achieve that balance between the protection of private property rights and the protection of those uses that are necessary for the continued operation of the Harbor. At Commission inquiry, Mr. Alford noted: • In 1999 the City Council appointed a thirteen member Harbor Committee. • They were given the broad charge of making recommendations concerning the activities of the Harbor to the City Council. • A major project has been the proposed Harbor Element that has taken two years to draft. • The Committee is made up of a number of residents, commercial business owners and general users of the Harbor. 6 - s a City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX Commissioner Kranzley, referring to page 3 of the proposed Element, diversity of uses and objectives. You have the five uses, are they prioritized? Mr. Alford answered that the order of the diversity of uses is not indicative of priority. The Local Coastal Plan and Coastal Act do recognize that the highest priority be given to water dependent uses. The ones that we have identified as water enhanced or other uses are of a lower priority. Commissioner KranzIey, referring to page 4, asked about public parking and public access for all waterfront uses. What does that mean, more or the same amount only better? I certainly do not want more parking on the Peninsula, because there is never enough. I agree with improving existing parking, but I do not agree with providing more parking. Referencing page 7, he asked if the docks at the Balboa Bay CIub were for member use or public use? The land is city owned and leased to the club. Ms. CIauson noted that the marina and dock are all part of the ground Iease that the City entered into with the Balboa Bay Club. There was provision of lease payments to the City, but I don't know if we negotiated, as part of that, a certain percentage of the docks to be available for public use. Continuing, Commissioner Kra nzley, referring to page 16, '..identifying areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse'...how are we going to do that? Will it be based on date built? For instance, the Cannery Restaurant was built in the '70's,yet there are people in Newport who feel that is a landmark. How will this be determined, as there will be some restrictions placed on those buildings? I think that owners of those buildings may have concerns about what this means to their properties. Ms. CIauson answered that this is a policy document, so the implementation of that will be part of the next step in the process_ It is an interesting concept, as there is a difference between what is considered a landmark and something that has historical architecture. Making determinations wiII be part of this policy that we will Iook at on something, whether it is a landmark versus whether architecturally it's an historic building. Originally, the Cannery was there. The architecture was new and rebuilt to reflect the historical Iandmark of the fact that there was a cannery there. Commissioner McDaniel noted he shares some of the concerns expressed. It needs to be somewhat general, although we are used to something more specific. I understand that CalTrans has questions as well as the Department of Toxic Substance Control and of course the Coastal Commission. If we send this forward, does the document need to be tighter? Mr. Alford answered that these agencies were asked to comment on the Negative Declaration that was prepared. As stated in the report, none of them identified major environmental issues and I think that some of what they said 7 City of Newport Beach Planning Commission Minutes May 17,2001 INDEX could be taken out of context as boiler plate responses to projects that are more specific. In the case of the Coastal Commission, they did have a number of comments, and I think that again the case is where they have identified certain issues and have more or less pointed out things that they are interested in as they review documents submitted to them for approval. This is relevant because we are beginning the process of starting with the certification of our Local Coastal Program (LCP) and integration of the Harbor Element into that program and there will be major issues. I think the Coastal Commission just basically wanted their issues known up front. They did not identify any inconsistencies with the Coastal Act, or our LCP, so I don't think that it necessarily leads to any significant revisions. However, if you feet that it is appropriate that we address their comments directly, we can go back and work on the document and try to re-word the language so that it addresses their concerns. Basically,we feel the document is fine in its current form. Ms. Temple added that she was in a meeting today with the Coastal Commission staff and this question did come up. They did not indicate any serious problem with what was done with this proposed Element. Their primary issue was maintaining internal consistency between this Element and our existing Land Use Plan and how they see the certification process moving forward. They just gave us a heads up, but did not express to us that they felt the Harbor Element in and of itself was going in the wrong direction. Commissioner Agajanian brought up public access (HB-2) and visual character (HB-4) stating that neither of these make a statement about accessing view or that the visual character of the harbor is of value. There are no policies related to the view shed of the harbor. Is this covered in other documents, or is it excluded in this one for a particular reason? Ms. Temple answered that significant public views have been identified for preservation as we consider land use decisions in our Local Coastal Plan currently. Commissioner Kiser, referring to page 3 of the staff report, noted that. '.. the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that .......and expand upon Coastal Act policies.' Would this proposed Harbor Element expand upon Coastal Act policies? Mr. Alford explained that the paragraph states that the Coastal Commission didn't identify, any conflicts, however, they did feel that there were certain things that needed additional attention. For example, because we allow waterfront residential communities, they point out to us that those are very low priority in the coastal zone. They suggested that perhaps there should be more discussion or clearer language in the Element to make that point known. Similarly, there was a comment dealing with protection of sensitive marine biology like the eelgross. The wanted additional language addressing that. In short, they had certain things that were very important to the Coastal Commission and they wanted more emphasis in the document, however, they 8 City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX did not go so far to say that the Harbor Element was lacking or somehow inconsistent with Coastal policies. They just wanted to elaborate on the issues they felt were important. At Commission inquiry, Mr. Alford stated that this document does not enhance the authority or expand the authority of the Coastal Commission in approving projects in Newport Beach. Adding issues expressed by the Coastal Commission would also not give them more power, it would only place a greater emphasis on the parts they consider important. Commissioner Agajanian asked if the encouragement of the creation of a single waterfront public pedestrian space was an urban design decision at this point, or is there an interest on multiple points on the waterfront as a target for our development? Mr. Alford answered that the committee felt that something like this was necessary to serve as a focal point for Harbor activities. One of the things they want to do is to make sure the Harbor is user friendly and that those facilities are identifiable and there would be an area on the waterfront that would be recognizable enough as the center of the Harbor. The policy calls for encouraging a focal point. Other policies in the document indicate that there should be some connection between the various activity areas in the Harbor. Water taxis and other types of access are considered in the document. Public comment was opened. Mr. Seymour Beek, 528 So Bay Front, spoke as Chairman of the Harbor Committee noting that the discussion brought up several good points about this document. These are also the same points that the Committee spent considerable time on, particularly the point of balancing private property rights and the interest of diversity in the Harbor. These are difficult issues and we came out with a lot of compromises in the document. I think it is one that all of the Committee members will stand behind and are quite happy with. Continuing, he noted the diversity of the membership of the Committee: bayside businesses were represented, the homeowners were amply represented particularly the Bayside residents, mooring owners were represented and the document reflects this diverse representation. Commissioner Kranzley commended Mr. Beek for the work done on the document. He asked the speaker for comments on parking and impacts on the Peninsula caused by parking. Mr. Beek noted his agreement about the parking on the Peninsula. However, the committee did not come up with specific issues of parking, but in working on the document, the committee realized that there is certainly an interaction between the things we talk about here and roads and parking. However, we did not feet it appropriate to go into them within this document, although there clearly is a relationship. 9 City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX Commissioner McDaniel` asked about the CalTrons and Coastal Commission interface. Did you meet with them while drafting this document? Mr. Beek answered that there was no meeting with CalTrans or Coastal Commission representatives. There was no involvement in the draft of the document. The city staff sent copies to the Coastal Commission staff and various other agencies as a courtesy to get their reaction and comments. Burt Qhlig, 305 Morning Star Lane noted his appreciation of the protection being afforded the bay. He noted the following: Protecting - equal balance for families, retirees for the limited access that exists on the bay. • Activities on the water are disruptive to the neighborhood, as water tends to carry sound. In certain bay areas, elevations create a 'bowl'. The enforcement occurring now is inadequate. I question whether an activity center should be in this Element, or a more suitable site for activities where there is a better opportunity for sound attenuation. Waivers and incentives are mentioned in the document. What is the trigger and what are the benefits? In conclusion, he noted that the rest of his comments are contained in his letter that was sent to the Commission May 14fh. Public comment was closed. Commissioner Tucker then asked: • Page 3, Goal HB-1 #3 - add, 'including to but not limited to'. Staff answered yes this could be done, as this item refers to any commercial uses that are water enhanced. • Page 5, HB-1.2 -does that refer to water dependent,water related and water enhanced commercial uses or are you referring to uses that are actually in the harbor as defined in the glossary? Staff answered that it is referring to those commercial uses that actually occur within the harbor and also any support facilities that might occur on land. These uses are not completely dependent on water services. • Page 8, HB-1.4 - If you have something that has nothing to do with the charm or character of the harbor are you then not encouraging the redevelopment of outdated and antiquated development? Would it be proper to say something to the effect that, 'to encourage the maintenance of the charm and character of the harbor'? Staff answered that is not the intent. Basically the emphasis is on the protection of the commercial areas that are around the harbor that exist and should be protected. Following a brief discussion, it was decided that this paragraph could be re-worded, as the intent is to state that when you do have an antiquated commercial development, that it should be redeveloped and to emphasize that we would like to see it occur in such a way that it would maintain the charm and 10 4 0 i City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX character of the Harbor. Motion was made by Chairperson Selich to approve the Negative Declaration making the findings contained in Exhibit l; and adopt Resolution No. 1529 recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution with the changes suggested by Commissioner Tucker. Continuing, he added that unless we find something Overly objectionable that we disagree with, that we should not change this proposed document. The committee has worked on it for two years and a lot of work has gone into it. I would be reluctant to change the wording. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None SUBJECT: New Subdivision Code Item b Subdivision Code City-initiated amendment to revise the City's Subdivision Code (Title 19 of the Discussion only Municipal Code) and to make related changes to Title 20 (Zoning Code), Title 13 (Streets,Sidewalks and Public Property), and other Titles. Ms. Temple noted that approximately 2 years ago, we had a few problematic requests for minor subdivisions and we discovered a number of problems with our existing Subdivision Code, which is 'title 19 in the Municipal Code. We also discovered that there are a number of areas within that chapter that had not been regularly applied in a number of years and are essentially outdated with the subdivision practices of the City and Public Works Department. As a result of that, the City Council initiated a comprehensive update to Title 19, which unfortunately did not come on as fast as we had hoped because the Planning Department was shifting staff resource allocations having to deal with several of the large development projects that you considered in the earlier part of last year. However, we have now completed the work, and this is the first look that you will have of the new Subdivision Code as drafted by staff with the assistance of an outside consultant. The organization of the Code Chapter has been totally reworked and put into what we consider a logical framework,which will allow for its use and ease of understanding and application. The current Public Works Standards have been highlighted in the Code based on the City's current subdivision practices. From the Planning Department point of view one of the most important and key features of the updated Code is the revised findings that the Planning Commission or staff would need to make when design criteria contained within the chapter are granted exceptions. One of the struggles with the existing Title 19 is that in order to grant a waiver or exception from those design standards in the Code, the findings that need to be made were essentially variance findings, a very high bar. In addition, the Subdivision standards I tow `' :� cR• �LL RESOLUTION NO. 1529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE ADOPTION OF A HARBOR ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT NO. GPA 2000- 002 (C)] WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General flan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS,on May 17, 2001,the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed Harbor and Bay Element; and WHEREAS,the public was duly noticed of the public hearing; and WHEREAS,Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed.project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment No. GPA 2000-002(C)to adopt the Harbor and Bay Element, as provided in Exhibit"A." l NOW,THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study,comments received,and all related documents,the Planning Commission finds that there is no substantial evidence that the project could have a significant effect on the environment,therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. ADOPTED this 17th day of May 2001, by the following vote,to wit: AYES McDaniel, Kiser,Agaianian, Selich, Gifford. Kranzlev and Tucker NOES None ABSENT None BY CwarQdSeli-ch, Chairman BY Steven Kiser, S cretary 2 CITY OF NE T BEACH Hearing Jate: May 17,2001 PLANNING DEPARTMENT Agenda Item: �5' 4 Moo NEWPORT BOULEVARD Staff Person: Patrick J. Alford °icir00 NEWPORT BEACH,CA 9V>5S (949) 644-3235 (949)b44-32—,FAX(949)44-V5a REPORT TO THE PLANNING COM IISSION FILE COPY PROJECT: Proposed Harbor and Bay Element(PA2001-050) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. RECOMMENDED ACTION: + Approve the Negative Declaration making the findings contained in Exhibit 1;and • Adopt Resolution No. 2001- recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution. Background On January 11, 1999, the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On June 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27, 2000. On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop[ to introduce the draft Harbor and Bay Element and to receive questions and comments. Analysis The Proposed Element The proposed Harbor and Bay Element (Exhibit 1) would be an optional element of the General Plan. Under State law,a City may include in its general plan any element that relates to its physical development. The proposed Element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. ° Notices were mailed to every bay-front property owner,harbor permit holder,and mooring permit holder in the City. In addition,notices will be sent to every bayfront conununity association and a one-eighth-page display ad was published in the Daily Pilot. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn,each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposed Element sets forth five major goals: • Preserving the diverse uses of the Bay,Harbor,and shoreline. • Maintaining and enhancing public access to the Harbor water and waterfront areas. • Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. • Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. • Providing for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element calls for water-dependent and water-related uses and recreational activities to be the primary use of the Harbor. However, the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of parking, launching ramps, boat hoists, docks, moorings, and similar facilities. One of the more visionary policies encourages the creation of a waterfront public pedestrian space to serve as public focal point of the harbor and serve as the activity center for special events. While the proposed Element focuses on harbor-related activities, issues of water quality and protection of the environment in both the Lower and Upper Newport Bay are also addressed. The policies and implementation strategies emphasize participation and cooperation with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed EIement calls for consideration of harbor aesthetics in the design of bulkheads. The proposed Element also calls for bulkheads to be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters, where possible. The proposed EIement also encourages the preservation and reuse of areas and buildings that are representative of the history of Newport Harbor,when feasible. The proposed Element emphasizes the need for coordination among the City,County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing Harbor&Bay Element(PA2401-050) May 17,2001 Page Z 2- areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Comments from the Coastal Commission The California Coastal Commission submitted comments on the proposed Element (Exhibit 4). Most significant of these is the recommendation that the proposed Element be processed as an amendment to the City's certified Local Coastal Program (LCP) Land Use Plan. The Coastal Commission correctly states the proposed Element contains policies that directly affect activities and development in areas that are within their jurisdiction and that the LCP Land Use Plan and the Coastal Act will take precedence over the policies of the proposed Element. The Coastal Commission therefore believes that a concurrent amendment to the LCP Land Use Plan is necessary to insure consistency. On March 27, 2001, the City Council directed staff to establish a process to submit a completed LCP to the Coastal Commission for certification. This process will likely involve revisions to the LCP Land Use Plan as well as the adoption of a number of implementing ordinances. Staff believes that this is the appropriate process to address the Coastal Commission's apparent goal of integrating Harbor and Bay Element polices into the LCP. The Coastal Commission also submitted recommendations concerning policies relating to residential land uses,parking waivers,tideland leases, vessel berthing and storage, dredging, public access, water quality, bulkheads, administration, and natural resources. However, the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. If so directed, staff could add appropriate language to address the Coastal Commission's concerns. Otherwise, these issues will be addressed through the LCP certification process. Comments from Other Public Agencies The Planning Department also received comments from the Department of Toxic Substances Control, the California State Lands Commission, the County of Orange, and the State Department of Transportation(CalTrans). For the most part,the comments from these agencies were limited to recitals of each agency's responsibilities in the review of this and future projects. However, both the State Lands Commission and the County of Orange sought additional acknowledgement in the proposed Element of their respective roles in the administration of tidelands. The State Lands Commission also expressed concern that the inclusion of"Waterfront residential communities" in the list of land uses to be protected and enhanced(Goal H13-1) could be construed as the City support for an inappropriate use of public tidelands. The State Lands Commission also requested additional information regarding proposed policies and programs relating to tidelands leases and live-aboards. Staff has reviewed the comments by these agencies and has determined that the proposed Element does not contain any conflicts or inconsistencies with State law. However, if so directed, staff Haftr&Say Element(PA200 t-050) May 17,2001 Page 3 3 could add appropriate language to clarify the intent of the goals, objectives, and policies of the _ proposed Element to address the concerns raised by these agencies. Environmental Review In accordance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and City Council Policy K-3, an initial study was prepared for the proposed project. Based on the information contained in the initial study, staff has determined that the project does not have the potential to cause a significant effect on the environment. Therefore, a draft Negative Declaration has been prepared(Exhibit 3). The public review period for the draft Negative Declaration was from March 19, 2001 to April 18, 2001. Comments on the draft Negative Declaration were received from the following agencies: I. Department of Toxic Substances Control. 2. California Coastal Commission. 3. California State Lands Commission. 4. County of Orange. 5. Department of Transportation. The Department of Toxic Substances Control commented that the Negative Declaration identify hazardous wastes/substances sources, contaminated sites, remediation mechanisms, potential threats associated with the release of hazardous materials, and regulatory oversight mechanisms. These comments are more indicative of those for a project involving physical development of a specific site. As stated in the initial study, while the proposed Element contains policies and programs that call for construction of harbor-related facilities, no specific sites or designs are identified. The proposed Element also contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could involve hazardous materials. However,these policies do not provide for an increase or decrease in the level of activity. Therefore,no significant impacts are anticipated. The Coastal Commission comments focused on the proposed Element rather than on the adequacy of the draft Negative Declaration. However, the Coastal Commission did recommend that an amendment to the LCP Land Use Plan be processed concurrently with the amendment for the proposed Element. This could be interpreted as identifying a potential land use conflict. The proposed Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone,but is not intended to supplant or modify the LCP Land Use Plan. Also,the Coastal Commission did not identify any specific conflicts with the LCP Land Use Plan and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. Therefore, staff believes that the proposed Element would not result in any significant Iand use impacts. The comments of the State Lands Commission and the County of Orange also focus on the proposed Element rather than on the adequacy of the draft Negative Declaration. Since these comments do not identify any conflicts or inconsistencies with an applicable land use plan, policy, Harbor&Bay Element(PA2041.050) May 17,2001 Page 4 44 or regulation, staff believes that the proposed Element would not result in any significant land use impacts. The comments from the Department of Transportation comments were merely statements of that agency's role and responsibility in the review of this and future projects. Recommendation Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council adopt General Plan Amendment No. GPA 2000-002(C). Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J.ALFORD Planning Director Senior Planner �Q Exhibits 1. 04/17/01 draft of the Harbor and Bay Element. 2. Resolution recommending approval to the City Council. 3. Draft Negative Declaration, 4. Correspondence. Harbor&Bay Element(PA2001-050) May 17,2001 Page 5 This Page Intentionally Left Blank City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION r •• There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 04/17101 17 l modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. � f �Upe e Bay 16 Lower Newport R rEc Newport Bay � f 2 04/17/01 GOAL HB-I: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: I. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, shall the protection of such land uses, activities, facilities, 3 0411710I IF and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Iml2lementation Strate ies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 04/17/01 1� Managers office,the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats t"day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent,water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 04/17/01 Implementation 5tratepaies I. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. I Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution,noise,traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 04/17/0I lZ other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 04/17/01 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 04/17/01 - � s redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers,parking waivers and other incentives. q 04/17/01 �S 0 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if- (a) financial support is expressly requested in writing by the owner orlessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian, vehicular,and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 041I 7/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining,etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 11 04/17/01 17 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage,and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries,water taxis,etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 04/17/01 1 � enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community,visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis,etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 04/17/01 HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustainlmaintainlenhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. ImRlementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 04/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beachibulkhead profiles which have characterized its residential and commercial waterfronts. Policies H13-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical developmentlappearance and cultural history of the Harbor. 15 04/17/01 �l Implementation StratM 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or fagade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.I.I: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies I. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 04/17/01 Z� 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol,as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 04/I7/o I Z� HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. 1113-5.12: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 04/17/01 L� 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Imt)lementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 04/17/01 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels,using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a"charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline,to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands,or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities,harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 04/17/01 �r� Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) Harbor Construction (Design Criteria and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses, Equipment, and Facilities. 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 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state, county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment(cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored(in water) and/or dry-stored (on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. 21 04/17/01 G'' Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However,Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Protect Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a charnel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water De endent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and 22 04/17/01 2- enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses,dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair,marine-related retail sales,and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coasW/offshore ferry services, in-harbor water taxi services,docking, parking, offices and other water and land support facilities. 23 04/17/01 i RESOLUTION NO.2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE ADOPTION OF A HARBOR ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT NO. GPA 2000- 002 (C)] WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay;and WHEREAS,on May 17,2001,the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed Harbor and Bay Element; and WHEREAS,the public was duly noticed of the public hearing; and WHEREAS,Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment No. GPA 2000-002 (C)to comprehensively update the Recreation and Open Space Element of the General Plan, as provided in Exhibit"A." I 749 NOW,THEREFORE,BE IT RESOLVED that based upon the information contained in the Initial Study,comments received,and all related documents,the Planning Commission finds that there is no substantial evidence that the project could have a significant effect on the environment,therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project,satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. ADOPTED this 17th day of May 2001,by the following vote,to wit: AYES NOES ABSENT BY Edward Selich,Chairman BY Steven Kiser, Secretary 2 C*Y OF NEWPORT BEAH NOTICE OF COMPLETION - and Environmental Document Form To: State Clearinghouse From: City of Newport.Beach 1400 Tenth St.,Rm. 121 Planning Department Sacramento,CA 95814 3300 Newport Boulevard-P.A.Box 1768 Newport Beach,CA 92658-8915 (Tel.No.:9161445-0613) (Orange County) Contact Person: Patrick J.Alford SCH# Senior Planner Tel No.: (949)644-3200 Project Location: Citywide Cross Streets SR 1 and SR 55 _ _ Total Acres ] 568,160 A.P.No. Numerous Section 26 Twp. 7S Range 10W Base San Bernardino Within 2 Miles: State Hwy#._SR 1,SR 55, SR 73 Waterways: New ort 13a Airports:_Lhn Wayne_ Railways:—None Schools- See attached. Present Land Use/Zoning/General Plan Use: Various Project Description: An amendment to add a Harbor Element to the General Plan. Document Type CEQA: NEPA OTHER a NOP 0 Supplement/Subsequent NOT U Joint Document Oj Early Coro 0 E[R(Prior SCE No.) d EA C1 Final Document ® Neg Dec 0 Draft EIS 0 other 0 Draft1E1R 0 other fl FONSI Local Action Type O General Plan Update 0 Specific Plan 0 Rezone 0 Annexation V0 General Plan Amendment 0 Master Plan ❑ Prezone 0 Redevelopment General Plan Element 0 Planned Unit Dev, 0 Use Permit 0 Coastal Permit Cl Community Plan 0 Site Plan 0 Land Division(Sub-division Parcel Map,Tract map,ect.) 0 Other Development Type d Residential: Chits Acres 0 Water Facilities. Type MGD 0 Office: Sq.ft. Acres Employees Transportation: Type 0 Commercial:Sq.ft. Acres Employees 0 Mining: Mineral 0 Industrial: Sq.ft, Acres Employees 0 Power: Type Wad 0 Educational: Cl Waste Treatment: 'Type 0 Recreational 0 Hazardous Waste: TypLl e Other: Project Issues Discussed in Doe u t Acsthetie/Visuai O Flood Plain/Flooding 0 Schools/Universities Water Quality Agricultural Land U Forest Land/Firc hazard Of Septic Systems Water Supply/Groundwater XI Air Quality lts Geologic/Seismic f� Sewer Capacity g Weiland/Riparian Archeologic[Historic Minerals Wildlife 0 Soil Erosion/Compaction/Grading Y Coastal Zone 9 Noise 0 Solid Waste 0 Growth Inducing 0 Drainage/Absorption 0 Population/Housing/BalanceToxic/Hazardous l7 Land Use 0 Economic/Jobs ❑ Public Service/Facilities 0 Traffic/Circulation 0 Cumulative Effects 0 Fiscal ❑ Recreation/Parks 0 Vegetation 0 Other F:\USERS\PLMI F0RMSINEG-pE003NOCOPR.D0C. 3z Harbor and Bay EIetnent Notice of Completion Schools located within 2 miles of the ro'ect site Anderson Elementary School Cardon Hail Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School CPY 4F NE WPORT BEAPH 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92658-8915 (949)644-3200 NEGATIVE DECLARATION To: From: City of Newport Beach Planning Department Office of Planning and Research 3300 Newport Boulevard-P.O.Box 1768 X P.O.13OX 3044 Newport Beach,CA 92658-8915 Sacramento,CA 95812-3044 (Orange County) ❑ County Clerk,County of Orange Public Services Division P.C.Box 238 Date received for filing at OPR/County Clerk: Santa Ana,CA 92702 Public review period: March 19, 2001 to April 18, 2001 Name of Project: Harbor and Bay.Element Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Den S ace Elements. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is M attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-makers)prior to final action on the proposed project. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project,why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions o would like further information,please contact the undersigned at(949)644-3200. Date_March 16.2001 _ Patrick J.Alford Senior Planner F-.\USERSIPLNISHAREDIt FORMSINEG-DECIt}3NEGDEC.DOC - CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Harbor and Bay Element 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach,CA 92658-8915 3. Contact Person and Phone Number. Patrick J. Alford,Senior City of Newport Beach Planning Department (949)644-3235 4. Project Location: City-wide 5. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 6. General Plan Designation: NIA 7. Zoning: NIA 8. Description of Project: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. g. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current City-wide Development: To the north.: Cities of Costa Mesa and Irvine To the east: Newport Coast annexation area and City of Laguna Beach To the south: Pacific Ocean To the west: Cities of Costa Mesa and Huntington Beach 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. Harbor&Bay Element Page l 10, 40 _ ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Transportation/ ❑ Public Services Circulation ❑ Population& Housing ❑ Biological Resources ❑ Utilities& Service Systems ❑ Geological Problems ❑ Energy & Mineral ❑ Aesthetics Resources ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment,and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. Cl Harbor&Say Element Page 2 2� I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a) have been analyzed adequately in an earlier EiR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EiR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 03/14/01 Submitted by: PatricX11. Alford, Senior PIanner Signature Date Planning Department 431141�1 Prepared by: atrick . Alford Signature Date F:IUSERSTLN\.SHARED1f FORMSWEG-DEC1WKL]ST.DOC Harbor&Say Element Page 3 J 0 CITY OF NEWPORT BEACH - ENVIRONMENTAL CHECKLIST Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated [. AESTHETICS. Would the project: a) Have a substantial adverse effect ❑ ❑ ❑ Ef on a scenic vista? b) Substantially damage scenic ❑ ❑ ❑ Q resources, including, but not limited to, trees, rock outcroppings, and Historic buildings within a state scenic highway? c) Substantially degrade the existing ❑ ❑ ❑ Q visual character or quality of the site and its surroundings? c} Create a new source of substantial ❑ ❑ ❑ Q light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmiand, Unique ❑ ❑ ❑ Q Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ r❑ agricultural use, or a Williamson Act contract? c} Involve other changes in the ❑ ❑ ❑ Q existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agriculturai use? Harbor&Say Element Page 4 34� Potentially Potentially Less than No Significant significant Significant Impact Impact Unless Impact Mitigation Incorporated Ill. AIR QUALITY. Would the project: a) Conflict with or obstruct ❑ ❑ ❑ Q implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ ❑ CJ contribute to an existing or projected air quality violation? c) Result in a cumulatively ❑ ❑ Q ❑ considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ Q ❑ substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ Q ❑ a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, ❑ ❑ Q ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ ❑ Q ❑ any riparian habitat or other sensitive natural community identified in focal or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Harbor&Bay Element Page 5 3 � Potentially Potentially Less than No - Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated c) Have a substantial adverse effect on ❑ ❑ Q ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh,vernal pool,coastal, etc.) through direct removal, filling, hydrological interruption, or other means? dy Interfere substantially with the ❑ ❑ Q ❑ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ❑ ❑ Q ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f} Conflict with the provisions of an ❑ ❑ Q ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved focal, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ❑ ❑ ❑ Q change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse ❑ ❑ Q ❑ change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a ❑ ❑ Q ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ❑ ❑ Q ❑ including those interred outside of formal cemeteries? Harbor&Bay Element Page !6 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated Vl. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ [•� potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake ❑ ❑ ❑ Q fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ ® ❑ shaking? iii)Seismic-related ground failure, ❑ ❑ ® ❑ including liquefaction? iv) Landslides? ❑ ❑ ❑ Q b) Result in substantial soil erosion or ❑ ❑ ❑ Q the loss of topsoil? c) Be located on a geologic unit or soil ❑ ❑ Q ❑ that is unstable,or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ ❑ ❑ LI defined in Table 18-1-B of the Uniform Building Code(1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ Q supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Harbor&Bay Element Page 7r,' �7' Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated Vll. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ ❑ Q ❑ public or the environment through routine transport, use,or disposal of hazardous materials? b) Create a significant hazard to the ❑ ❑ Q ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or ❑ ❑ Q ❑ handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ Q included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and,as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land ❑ ❑ ❑ Q use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ ❑ private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ Q physically interfere with an adopted emergency response plan or emergency evacuation plan? Harbor 8c Say Element Page 8 7�Z Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated s h) Expose people or structures to a ❑ ❑ ❑ 0 significant risk of loss, injury or death involving wiidland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Vlll. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ 0 or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ 0 supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ❑ ❑ ❑ [r1 drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which.would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing ❑ ❑ Cl 0 drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? e) Create or contribute runoff water p ❑ ❑ Q which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Harbor&Bay Element Page 9 � J lip Potentially Potentially Less than No - Significant significant Significant Impact Impact Unless Impact Mitigation Incorporated f) Otherwise substantially degrade ❑ ❑ Q ❑ water quality? g} Place housing within a 100-year ❑ ❑ Q ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood ❑ ❑ Q ❑ hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a ❑ ❑ Q ❑ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? j} Inundation by seiche, tsunami, or ❑ ❑ Q ❑ mudflow? 1X. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established ❑ ❑ ❑ [( community? b) 'Conflict with any applicable land use ❑ ❑ ❑ Q plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c} Conflict with any applicable habitat ❑ ❑ ❑ [✓f conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ ❑ ❑ known mineral resource that would be of value to the region and the residents of-the state? Harbor&Bay EIement Page 10 �4V Potentially Potentially less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated b) Result in the loss of availability of a ❑ ❑ 13 Q focally-important mineral resource recovery site delineated on a local general plan, specific plan, or other fared use plan? c) Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? X). NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ Q ❑ generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or ❑ ❑ Q ❑ generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ❑ ❑ Q ❑ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ Q ❑ increase in ambient noise ieveis in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ Q airport land use land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ [, private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Harbor&Say Element Page I I Potentially Potentially Less than 71mpact - Significant Significant Significantimpact Unless impact Mitigation Incorporated XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly(for example, by proposing new homes and businesses)or indirectly(for example, through extension of roads or other infrastructure)? b) Displace substantia€numbers of Q ❑ ❑ Q existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ C�! people, necessitating the construction of replacement housing elsewhere? ?Ciit. PUBLIC SERVICES ❑ ❑ ❑ Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ H Police protection? ❑ ❑ ❑ C Schools? ❑ ❑ ❑ L€ Other public facilities? ❑ ❑ ❑ Q Harbor&Bay Element Page 12 Potentially Potentially Less than No Significant Significant significant Impact Impact unless Impact , Mitigation Incorporated XIV. RECREATION a) Would the project increase the use ❑ ❑ ❑ [. of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ ❑ ❑ 0 recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?opportunities? XV. TRANSPORTATIONITRAFFIC Would the project_ a) Cause an increase in traffic which is ❑ ❑ ❑ 21 substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or Cl ❑ ❑ 0 cumulatively, a Ievel of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ ❑ ❑ 0 patterns, including either an increase in traffic levels or a change in Iocation that results in substantial safety risks? d) Substantially increase hazards due ❑ ❑ ❑ B to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses(e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ 0 access? Harbor&Say Element Page 13 Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigatlon Incorporated f) Result in inadequate parking ❑ ❑ ❑ Q capacity? g) Conflict with adopted policies, plans, ❑ ❑ ❑ Q or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES &SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ ❑ Q ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ Q ❑ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction ❑ ❑ Q ❑ of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ Q ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ 0 ❑ wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient ❑ ❑ ❑ Q permitted capacity to accommodate the project's solid waste disposal needs? Harbor&Bay Element Page 14 Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated g) Comply with federal, state, and focal ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVIi. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential ❑ ❑ ❑ Q to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ Q are individually limited, but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects.) c) Does the project have ❑ ❑ ❑ 21 environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CE( A process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Harbor&Bay Element Page 15 cj Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the Earlier document and the extent to which they address site-specific conditions for the project. . Harbor&Bay Element Page 16 0 CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Harbor and Bay Element General Plan Amendment No. 2000-I (C) PROJECT DESCRIPTION The project consists of a General PIan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. ANALYSIS I. AESTHETICS The Harbor and Bay Element contains policies and programs intended to preserve and enhance the visual character of Newport Harbor and Newport Bay. II. AGRICULTURAL RESOURCES No agricultural lands or resources are affected by the policies and programs contained in the Harbor and Bay Element. III. AIR QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by motorized watercraft, including recreational boats, passenger/sightseeing boats, passenger-fishing boats, and entertainment boats, which impact air quality. However, these policies do provide for an increase or decrease in the level of activity. Therefore, no significant impacts to air quality are anticipated. IV. BIOLOGICAL RESOURCES The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. The Harbor and Bay Element contains polices and programs recognizing the necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment. However, such activities will continue to be conducted through Harbor-wide maintenance dredging permits, which are reviewed and approved by all agencies with jurisdiction over the Harbor. �i V. CULTURAL RESOURCES The Harbor and Bay Element contains policies and programs that call for construction of harbor-related facilities, although no specific sites or designs are identified. Such facilities could be constructed in areas where archaeological or paleontological resources are expected to exist on the site; the necessary investigations and precautions will be instituted to ensure preservation of such resources. The Harbor and Bay Element contains policies and programs intended to encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. V1. GEOLOGY AND SOILS The Harbor and Bay Element contains policies and programs call for constriction of harbor-related facilities, although no specific sites or designs are identified. The area in and around Newport Bay is subject to strong seismic ground shaking and has a historic occurrence of liquefaction; Local geological, geotechnical and groundwater conditions also indicate potential for permanent ground displacements. However, all new development will be required to incorporate measures to reduce risks to acceptable levels. VIL HAZARDS AND HAZARDOUS MATERIALS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could, involve.hazardous materials: However;. these- policies, do not provide for an increase or decrease, in the level of activity. Therefore; no significant impacts, are anticipated. VI11. HYDROLOGY AND WATER QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities, which could impact water quality. However,these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to ensure that the water quality in Newport Bay Harbor meets Federal, State and local standards. Therefore, no significant impacts are anticipated. The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance land uses and activities, which are in areas subject to flooding and potentially to seiche, and tsunami hazards. However, these policies do not provide for an increase or decrease in the level S�. of activity and individual projects will be required to incorporate appropriate mitigation measures.. Therefore,no significant impacts are anticipated. , IX. LAND USE AND PLANNING The Harbor and Bay EIement is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The Harbor and Bay Element is also intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program. X. MINERAL RESOURCES No mineral resources are known to exist in Newport Bay or the surrounding area. Therefore,there is no impact. X1. NOISE The Harbor and Bay Element contains policies that allow for the,continued use of Newport Harbor by commercial, recreational, and maintenance activities, which could impact adjacent residential areas. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to control and mitigate noise-related land use conflicts. Therefore,no significant impacts are anticipated. XII. POPULATION AND HOUSING The Harbor-and Bay Element contains no policies that would result in any.growth or reduction in the area's population. Therefore,no significant impacts are anticipated. XIII. PUBLIC SERVICES The Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XIV. RECREATION The Harbor and Bay Element contains polices and programs that will maintain or increase recreational facilities and opportunities in and around Newport Bay. Therefore, no significant impacts are anticipated. S� XV. TRANSPORTATION/TRAFFIC The Harbor and Bay Element contains polices intended to minimize traffic and parking impacts associated with the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVI. UTILITIES & SERVICE SYSTEMS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by uses that could impact water and wastewater systems. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVII. MANDATORY FINDINGS OF SIGNIFICANCE The Harbor and Bay Element is also intended to provide general policy guidance for uses of the water and waterfront property in Newport Bay. This includes polices intended to enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Therefore, it does not have the potential to substantially impact fish, wildlife, or plant species. No significant cumulative impacts are associated with the adoption of the Harbor and Bay Element. There are no known substantial adverse effects on human beings that would be caused by `the adoption of the Harbor and Bay Element_ r ARDELL INVESTMENT COMPANY 2077 WEST COAST HIGHWAY POST OFFICE BOX 1715 NEWPORT BEACH,CALIFORNIA 92659 (9491 642-1626 March 20, 2001 Mr. Tony Melum, Director Harbor Resources Division City of Newport Beach P.G. Box 1768 Newport Beach, CA 92658-8915 Re: General Plan Harbor and Bav E'.emant Dear Mr. Melum: - I Thank you for the opportunity to reply to your letter of March 6, 2001 which included a copy of the General Plan Harbor and Bay Element. Ardell Investment Company is the owner of a property with 700 feet of lineal frontage on Newport Bay. Our principal concern after reviewing the Harbor and Bay Element is the economic viability of properties which are not developed to their highest and best use at this time. It appears that many of the existing water-related commercial uses in the Harbor which are advocated in the document do not generate sufficient revenues to justify such uses on valuable bayfront parcels. We would hope that land use regulations applicable to waterfront property will continue to allow uses that can generate sufficient income to justify development. The current limited zoning along Mariners' Mile is a deterent to quality development. Land uses should be expanded beyond the narrow water- dependent and water- related uses included in the Harbor and Bay Element. Property Owners must be allowed viable economic use of their property if quality development is to occur on the bay. especially in the Mariners' Mile area. Maintaining and enhancing the charm and character of the Harbor as suggested are laudable goals; however, quality development on the bay will not occur if there is undue emphasis on water dependant and water related uses. Thank you. Sincerely, 1� 1ele D.T. Daniels Vice President SS � s From: Campbell, James Sent: Tuesday■ March 20, 2001 4:34 PM To: Alford, Patrick Subject: FW: Mariner's Waterfront/Harbor & Bay Element -----Original Message----- From. Keenan Smith (mailto:keenan@citylightsdesign.com] Sent: Tuesday, March 20, 2001 1:31 PM To: Norma Glover; Sharon Wood Cc: Jim Campbell; Lee Anne Kirby; Tal Jackson Subject: Mariner's Waterfront/Harbor & Bay Element Norma, Sharon, et al. . . I spent a few moments in the last couple of days reviewing the proposed "Harbor and Bay Element" which Mark Murrell distributed at our last Mariner' s Mile Business Owner's Association meeting on March 14. My reaction is that it is a good piece of comprehensive planning work, focusing on policies which preserve, enhance and promote efficient operations on one of Newport's most obvious assets. In thinking about the goals, policies and implementation suggestions of the Harbor and Bay Element vis-a-vis our work on Mariner's Mile, the following connections, thoughts and recommendations come to mind: 1. Support Passage and Approval. ---------------------------- The approval of the Harbor and Bay Element allows it to "take the lead" in establishing, strengthening and supporting policies co--comminant with our strategic objective of promoting a vibrant public waterfront on Mariner's Mile. It makes it a little easier for us. 2. Coordinate Efforts. ------------------------ We should look for areas of policy co-alignment and implementation strategies which can mutally reinforce the Mariner's Mile Waterfront and Harbor/Bay Element objectives. I think there are many of these, such as: pedestrian walkways and connections, incentives to protect water-dependent, water-related and water-enhanced uses, establishing guidelines to preserve the marine character of the waterfront, etc. 3. Re-visit the waterfront Strategies of the Mariner's Mile Strategic Vision. --------------------------------------------------------------------------- If the Harbor and Bay Element is successfully initiated, we may wish to re-visit our concepts and ideas in appropriate sections of the the Strategic Vision and Design Framework with an eye to coordinating and cross-referencing the two documents, and reinforcing strategies for the waterfront along Mariner's Mile. 4. Mariner's Waterfront: Demonstration Project. ------------------------------------------------ Taking one step further■ would it make sense at some point to build on the potential momentum created by the Harbor and Bay Element by perhaps initiating a "Mariner's Waterfront Concept Plan" which proposes implementation of some the key concepts and applicable ideas? We have said all along that the waterfront on Mariner's Mile is it's most- important but best hidden asset. Maybe the time has come (or is close at handy for moving some of our ideas forward, underwritten, propelled and reinforced by the policies of the impending Harbor and Bay Element. 5. A Larger Vision. -------------------- In summary, I think the proposed Harbor and Bay Element is worthy both for its motives and content, and holds obvious implications and perhaps even promise for the overall strategic objectives we've been working on for the waterfront on Mariner's Mile. After "The Village, " I'm thinking "The Waterfront." may be "the next piece" we work on implementing. "The Waterfront" would connect to (and reinforce) the sense of place we are trying to create in "The Village." Taken together, a comprehensive and coordinated plan for both the "Village" and "Waterfront" would create a backbone for positive redevelopment and set the stage for a potentially incredible tranformation of Mariner's Mile. Comments invited. thanks, Keenan --------------------------- City Lights Design Alliance P.O. Box 1166 Dripping Springs, Texas 78620 tellfax 512-264-3031 .S Weber Plywood & Lumber Co., Inc. March 21, 2081 Tony Melum, Director Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 926588-8915 Dear Mr, Melum: I am in receipt of your fetter of March 6, 2001 regarding the General Plan Harbor and Bay Element. I have read it thoroughly and all I can say is that it all sounds good until we get to the bottom line. My concern here is you can't do all these things without hiring a lot of people and having to pay for them. So, my question becomes how are you going to implement the revenue and in what areas, from whom, why, when and how many people are you going to have t -mploy to do all-these things—that's the bottom fine. I certainly would like a ply to these questions. I am an owner and have a boat slip in front of my ho but I'm not just concerned,with that, I'm concerned with the whole area. I w uld-appreciate,hearing.from you. Best reg , on er 7 7 L o Park Dr. Ne ort Beach, CA 92663 15501 Mosher Street •Tustin, CA 92780 -(714) 259-1100 -So. Cal(8M) 432-7300 • FAX (714) 259-W54 Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Winston H. Hickox Cypress, California 90630 Gray Davis Agency Secretary Governor California Environmental Protection Agency March 28, 2001 RECEIVED BY PLANNING DwPART,MENT CITY D� NFVJPA 1L_ ' ...A^i-, ANI PINI Mr. Patrick J. Alford 7181911011 ilui;j2i314l,lg Senior Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT-2001031075 Dear Mr. Alford: The Department of Toxic Substances Control (DISC) has received your Negative Declaration (ND)for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 13 The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastestsubstances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites,the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required Investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. The energy challenge facing California is real. Every Califomian needs to take immediate action+to reduce energy consumption. Fore list of sfmple ways you can na&w demand and cud yourenergy oasts,see our Web-sfte at www.dtsc.ca.gov. 0 Printed on Recycled Paper y Mr. Patrick J. Alford March 28, 2001 Page Two 5) The ND indicates the presence of 14 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study should be conducted to provide basic information for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and faculty members attending the schools. 6) If during construction of the project, soil contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented. if it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meettdiscuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479. Sincerely, Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning. and Research State Clearinghouse 1400 Tenth Street Sacramento, California 95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 Co a , STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS Goverrmor CALIFORNIA COASTAL COMMISSION South Coast Area office 200 oceangate,Suite 1000 RECEIVED BY (o`2)Beach'CA °x tssxi ssasaTl PLANNING DEPARTMENT CITY OF NEWPORT E�$03, 2041 Patrick J. Alford alb API? 18 2061 PM Planner City of Newport Beach Planning Department 71819110111112111213141516 3300 Newport Boulevard—P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Harbor and Bay Element City of Newport Beach General Plan Amendment SCH #2001031075 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay Element of the City's General Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment will affect the City's certified Land Use Plan (LUP). Based on our review of the proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP (as will be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review. Certified Land Use Plan,(LUP) The Harbor and Bay Element states that the document is 'not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program." In addition, the Initial Study checklist identifies"no significant impact" in response to question IX(b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in th$ Newport Harbor area. Not only does the document discuss land use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged lands, etc.)that would be retained even if the City_ were to achieve LCP certification in the future. As such, we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. If not structured to be consistent with the certified LUP and the policies of the Coastal 'Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the policies of the LUP and Coastal Act will take precedence during review of a project in the Newport Harbor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review is required. Therefore, it is feasible that an applicant may believe that since their project meets the policy intent of the City's Harbor and Bay Element, that Commission approval is a "given." To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be incorporated into the document that outlines the Coastal Commission's coastal development permit(CDP) process for applicants. Land Uses When discussing the diversity of land uses(page 3), the Harbor and Bay Element identfies 'wvater dependent"uses as the highest priority, `water related"uses as the second priority and 'Water enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities.' API Page 2of4 = As defined in Section 30101, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at all"and 'Coastal- related development"means any Use that is 'dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent nor coastal-related. Parking Waivers and tither Incentives The document repeatedly refers to the use of"parking waivers." Section 30252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking to sere the demand it creates. By waiving parking requirements, a deficiency may be created which would adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed (i.e. through in lieu fees to construct a shared parking garage). The proposed document also refers to density bonuses, transfer of development rights and floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate visitor-serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and Day Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideland Leases e Harbor and Bay Element addresses the "use of Jong term tideland leases rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed"long-term"tideland leases differ from the current system? Would the use of a long-term program be consistent with the City's tidelands grant statutes (Assembly Bill No. 1422, 1978)? Vessel Berthing and Storage The proposed document discusses the encouragement of guest dock capacity throughout the City (page 7). It appears that some of these are private facilities (ex. yacht clubs)and some public(ex. City facilities). Commission staff would encourage the expansion of 211blic facilities wherever possible. Time allowance of"live-aboards'is also discussed in this section of the document. What type of off- street parking requirement would be applied for this type,of use? Are these currently allowed under City ordinances and how is the use regulated? The section also discusses the continued authorization of`piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy (and others throughout the Harbor and Bay Element) allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. Time proposed GP amendment should include policies that require private residential development and associated docks to be designed so as not to adversely affect public access or.recreation. For example, private docks crossing public land (seaward of the MHTL.) obstruct lateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance.public access wherever possible. Specifically, the pier and dock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of fill of coastal waters, etc.) . 6�2 Page 3 of 4 Dredging Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor--wide maintenance dredging permits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing. Commercial Development The proposed Harbor and Bay Element addresses the redevelopment of existing commercial areas. The provision of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of `public access detours" through areas developed with marine sales and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of these activities in order to allow unobstructed public access, thereby minimizing or avoiding conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the ioss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way. Water Qualm While we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Visual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of "new or renovated bulkhead permits." The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures. Section 30233 of the Coastai Act limits fill to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply... The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, if the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land fast through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). pp ioJ Page 4 of 4 Administration e propos GP amendment discusses the creation of a"reference document'"that would assist applicants understand and comply with "ell Harbor and Bay regulatory and permi#ting processes." Until the City obtains a certified LCP, coastal development permits will be required from the Coastal Commission. Consequently, it is important to outline the Commission's C©P process as part of any reference document. Sensitive Natural Resources ea nourishment and dredging are discussed on page 18. However, there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include.policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of'comprehensive program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City's Harbor and Bay Element. if you have any questions, feel free to call me at (562) 590-5071. Sincerely, Anne L. Kramer Coastal Program Analyst cc: State Clearinghouse File �v� STATE OF CALIFORNIA GRAY DAVIS. Go►•emor CALIFORNIA STATE LANDS COMMISSION PAUL D. THAYER, Executive Officer 100 Howe Avenue, Suite 100-South (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 LN' . California Relay Service From 7DD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX. (916) 574-1955 April 16, 2001 File Ref; G09-02 Ms. Nadell Gayou The Resources Agency 1020 9th Street, 3rd Floor n-0E-.1 E:D E'1 Sacramento, CA 95814 PLANNING u Pi"�R i M E"NT Mr. Patrick J. Alford, Senior Planner City of Newport Beach AN1 pM 3300 Newport Beach — P.O. Box 1768 7106;911O I_II?y11 311tS;e Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr. Alford: Staff of the California State Lands Commission (CSLC) has reviewed the Negative Declaration (ND) for the proposed General Plan Amendment to adopt a new optional element of the General Plan, SCH #2001031075. According to the information provided, the proposed Harbor and Bay Element addresses uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Based on our review of the materials provided, we offer the following comments. Under the California Environmental Quality Act (CEQA), the City of Newport Beach is the Lead Agency and the CSLC is a Responsible and/or Trustee Agency for any and all projects that could directly or indirectly affect sovereign lands, their accompanying Public Trust resources or uses, and the public easement in navigable waters. The Proposed Harbor and Bay Element area includes: • Sovereign lands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; • Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of 65 . Ms. Nadell Gayou : Mr. Patrick J. Alford April 16, 2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign lands were granted back to the CSLC and leased (PRC 5091) to the California Department of Fish and Game (CDFG) for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal HB-1 #5 "Waterfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide line, nearly all of those lands involved are likely to be subject to the Public Trust Doctrine and the granting statutes. Objective HB-1.2, Implementation Strategies, #5, states "Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats, and structures on tida-lands." The granting statutes (referenced above) state that the City may grant leases on tidelands not exceeding 50 years. General practice of the CSLC is to grant leases not exceeding 10 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy HB-1.3.6, would "Allow 'live-aboards' subject to restrictions on the number of`five-aboards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal." What are the details of such restrictions? How many five-aboards are there now? Residential use of Public Trust lands is allowed only to provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard. We appreciate the opportunity to comment. If you have any questions or comments concerning the CSLC's jurisdiction, please contact Jennifer Reischman, Public Land Management Specialist, at (916) 574-0234. sincerely, C �F Dwight E. Sanders, Chief Divisi n of Environmental Planning And M gement cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman !a� E Q THOMAS B. MATHEWS DIRECTR County of Orange . s SANTA ANA. CALIFORNIA Planning & Development Services Department LI�rQttfi MAILING ADDRESS: A.Q. E*X 4048 SANTA ANA,CA 92702404 NCL 01-24 April 17,2001 Patrick J. Alford Senior Planner By City of Newport Beach PN E-�7PA R PLANNIN.� p:. ATrr1EAlT Planning Department CITY CF K1==WFG , EEACH 3300 Newport Boulevard P.D. Box 1768 �� 1;�'si. L 0 'Zi6I Newport Beach,CA 92658-9915 „ FM SUBJECT: Negative Declaration for the Harbor and Bay Element Dear Mr. Afford: The above refere_aced item is a Negative Declaration(ND)for the City of Newport Beach. The proposed citywide project is a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space.Elements. The County of Orange has reviewed the ND and offers the following comments regarding open space and recreation. A. The proposed element should acknowledge provision and operation of County Harbor Patrol service which includes,but is not limited to,boating assistance and emergency assistance both in Newport Harbor and the high seas. B. The County of Orange owns significant tidelands in Newport Harbor. Examples consist of both water and land including Harbor Patrol headquarters, Bayside Drive Beach and Newport Dunes Aquatic Park,and most of the outer perimeter of Harbor Island. The proposed element should also acknowledge this information within the proposed element. Thank you for the opportunity to respond to the ND. If you have any questions,please contact me or feel free to call Charlotte Harryman directly. Charlotte may be reached at(714) 834-2522. Vew truly yours, George Blffflon,Manager Environmental and Project Project Planning Services Division CH &7 GRAY Gove�r STATE OF CALIFORNIA—BUSINESS A�TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION - DISTR)CT 12 y 3347 Michelson Ddve Suite 100 }'A lnnne,CA.92512-0661 April 18th, 2001 Patrick J. Alford File: 1GR/CEQA City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.G. Box 1768 Newport Beach , CA 92685-981 5 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative Declaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Caltrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: • Ali of the elements of a General Plan, whether mandatory or optional, must be consistent with one another. • The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. • The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. ■ The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. w i April 18, 2001 Page 2 Adequate mobility and choice for the Transportation of people and goods. • Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caltrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. if you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2287. Sincere iv, �Robert F. .)ose h, h.�ef Advanced Planning Branch cc: Terry Roberts, CPR Ron Helgeson, HDQRTRS Planning Roger Kao, Hydraulics f�ECE'VEE) 6Y PLANNING DEPARTMENT CITY C?P NPV.!Prm ? 1 N01 Pi�R Dear Mr. Alford, AM 71819 i lot I I,12P1I121 3i�18 16 I have two concerns about the Harbor and Bay Element of th# proposed General Plan. The first is noise. At your meeting it was inferred that there is already an element in the general plan that controls noise. It is not working! In our area there are two major offenders. The first is the Balboa Bay Club. On Friday and Saturday nights, especially in the summer they have outdoor parties with bands that play so loud that outdoor living at any home on•Via Lido Nord is impossible. I have complained verbally and in writing to the Say Club and to the police. Nothing changes. The second is the increasing number of large parry boats on the bay, especially the Hornblower group. I understand the need for public access to the bay and know that there is a ten o'clock curfew, but there are more of these boats every year and the noise level before ten would be unacceptable on any residential street in Newport. Why is it tolerated for those of us who live on or near the bay? My other concern is water pollution. At your meeting I suggested dye tablets as occurs in Avalon. The inference from those who responded was that it was impractical and unenforceable. I disagree. How about a trial run? First a large publicity campaign stating that the tablets would be placed at random, that violators would receive large fines and be banished from the bay for twelve months. A phone number could be included for the public to call and report violators. Then put two to three hundred tablets in boats at random and see what happens. Incidentally, the legality of fines and banishment has been successfully tested in court by the city of Avalon. I will look, forward to your future meetings and will hope that your efforts will enable us to avoid destroying the bay in the name of public access. Si ncer l , Fritz . terho . ❑, 662 Via Lido Nord Newport Beach, Ca. 949-673-0926 rr ' JAMES E . MUNRQE FECE11t1=U BY PLANNING zti� DEPARTMENT� G�-i CITY t'tAY 10 2DD1 P�4 May 5,2001 i l l l l l l l l l l City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658-8915 Attention: Mr.Patrick].Alford Senior Planner Subject: Harbor and Bay Element Please consider the following additions to the 11/15/00 text discussed at the open hearing on 4/11/01. The suggested changes would bring consideration to the residential requirements of the water-related uses. Page 3 Goal FEB-1 paragraphs 5. Waterfront residential communities (add) "including water-dependent and water-related and water-enhanced uses of beaches and piers." Page 8 Objective paragraph 3 Facilitate necessary periodic dredging for safe navigability and access to marinas, (add)"facilities and residences,,, Page 22 definitions Water Dependent Use boatyards,yacht/sailing/boating fishing clubs,(add)"residences". Adding this terminology would give consideration to residential uses equivalent to that given the commercial uses. Sincerely, L James E.Munroe 1810 SOUTH BAY FRONT • BALBOA ISLAND • 92662 PHONE: 949 673-6497 FAX: 949 6763-4021 0,P,5zWPMC),.,?d�1CrY OF NEAT BEACH Hearin ate: May 17, 2001 PLANNING]DEPARTMENTAgenda Item: SS3po NEWPORT BoutIvARD Staff Person: Patrick J. Alford NEWPORT BEACH,CA 9T&O (949)544-3235 (949)644-32oo;FAX(949)644-" REPORT TO THE PLANNING COMMISSION FILE COPY PROJECT: Proposed Harbor and Bay Element(PA2001-050) SUNE%lARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. RECOMMENDED ACTION: • Approve the Negative Declaration making the findings contained in Exhibit 1; and • Adopt Resolution No. 2001- recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution. Background On January 11, 1999, the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On June 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000. On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop' to introduce the draft Harbor and Bay Element and to receive questions and comments. Analysis The Proposed Element The proposed Harbor and Bay Element (Exhibit 1) would be an optional element of the General Plan. Under State law,a City may include in its general plan any element that relates to its physical development. The proposed Element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. Notices were mailed to every bayfront property owner,harbor permit holder,and mooring permit holder in the City. In addition,notices will be sent to every bayfront community association and a one-eighth-page display ad was published in the Daily Pilot. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn,each objective has one or more policies,which would be used to ` achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposed Element sets forth Eve major goals: • Preserving the diverse uses of the Bay,Harbor,and shoreline. • Maintaining and enhancing public access to the Harbor water and waterfront areas. • Enhancing the water quality and protecting the marine environment in Newport Harbor and Lipper Newport Bay. • Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. • Providing for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element calls for water-dependent and water-related uses and recreational activities to be the primary use of the Harbor. However,the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of parking, launching ramps, boat hoists, docks, moorings, and similar facilities. One of the more visionary policies encourages the creation of a waterfront public pedestrian space to serve as public focal point of the harbor and serve as the activity center for special events. While the proposed Element focuses on harbor-related activities, issues of water quality and protection of the environment in both the Lower and Lipper Newport Bay are also addressed. The policies and implementation strategies emphasize participation and cooperation with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed Element calls for consideration of harbor aesthetics in the design of bulkheads. The proposed Element also calls for bulkheads to be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters, where possible. The proposed Element also encourages the preservation and reuse of areas and buildings that are representative of the history of Newport Harbor,when feasible. The proposed Element emphasizes the need for coordination among the City,County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing Harbor&Bay Element{PA2001-050} May 17,2001 Page 2 f _ areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Comments from the Coastal Commission The California Coastal Commission submitted comments on the proposed Element (Exhibit 4). Most significant of these is the recommendation that the proposed Element be processed as an amendment to the City's certified Local Coastal Program (LCP) Land Use Plan. The Coastal Commission correctly states the proposed Element contains policies that directly affect activities and development in areas that are within their jurisdiction and that the LCP Land Use Plan and the Coastal Act will take precedence over the policies of the proposed Element. The Coastal Commission therefore believes that a concurrent amendment to the LCP Land Use Plan is necessary to insure consistency. On March 27, 2001, the City Council directed staff to establish a process to submit a completed LCP to the Coastal Commission for certification. This process will likely involve revisions to the LCP Land Use Plan as well as the adoption of a number of implementing ordinances. Staff believes that this is the appropriate process to address the Coastal Commission's apparent goal of integrating Harbor and Bay Element polices into the LCP. The Coastal Commission also submitted recommendations concerning policies relating to residential land uses,parking waivers,tideland leases,vessel berthing and storage, dredging,public access, water quality, bulkheads, administration, and natural resources. However, the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. If so directed, staff could add appropriate language to address the Coastal Commission's concerns. Otherwise, these issues will be addressed through the LCP certification process. Comments from Other Public Agencies The Planning Department also received comments from the Department of Toxic Substances Control, the California State Lands Commission, the County of Orange, and the State Department of Transportation(CalTrans). For the most part,the comments from these agencies were limited to recitals of each agency's responsibilities in the review of this and future projects. However, both the State Lands Commission and the County of Orange sought additional acknowledgement in the proposed Element of their respective roles in the administration of tidelands. The State Lands Commission also expressed concern that the inclusion of"Waterfront residential communities"in the list of land uses to be protected and enhanced (Goal HB-1) could be construed as the City support for an inappropriate use of public tidelands. The State Lands Commission also requested additional information regarding proposed policies and programs relating to tidelands leases and live-aboards. Staff has reviewed the comments by these agencies and has determined that the proposed Element does not contain any conflicts or inconsistencies with State law. However, if so directed, staff Harbor&Bay Element(PA2001.050) May 17,2001 Page 3 z J could add appropriate language to clarify the intent of the goals, objectives, and policies of the proposed Element to address the concerns raised by these agencies. Environmental Review In accordance with the California Environmental Quality Act(CEQA), the State CEQA Guidelines and City Council Policy K-3, an initial study was prepared for the proposed project. Based on the information contained in the initial study, staff has determined that the project does not have the potential to cause a significant effect on the environment. Therefore, a draft Negative Declaration has been prepared(Exhibit 3). The public review period for the draft Negative Declaration was from March 19, 2001 to April 18, 2001. Comments on the draft Negative Declaration were received from the following agencies: 1. Department of Toxic Substances Control. 2. California Coastal Commission. 3. California State Lands Commission. 4. County of Orange. 5. Department of Transportation. The Department of Toxic Substances Control commented that the Negative Declaration identify hazardous wastes/substances sources, contaminated sites, remediation mechanisms, potential threats associated with the release of hazardous materials, and regulatory oversight mechanisms. These comments are more indicative of those for a project involving physical development of a specific site. As stated in the initial study, while the proposed Element contains policies and programs that call for construction of harbor-related facilities, no specific sites or designs are identified. The proposed Element also contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could involve hazardous materials. However,these policies do not provide for an increase or decrease in the level of activity. Therefore,no significant impacts are anticipated. The Coastal Commission comments focused on the proposed Element rather than on the adequacy of the draft Negative Declaration. However, the Coastal Commission did recommend that an amendment to the LCP Land Use Plan be processed concurrently with the amendment for the proposed Element. This could be interpreted as identifying a potential land use conflict. The proposed Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone,but is not intended to supplant or modify the LCP Land Use Plan. Also,the Coastal Commission did not identify any specific conflicts with the LCP Land Use Plan and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. Therefore, staff believes that the proposed Element would not result in any significant land use impacts. The comments of the State Lands Commission and the County of Orange also focus on the proposed Element rather than on the adequacy of the draft Negative Declaration. Since these comments do not identify any conflicts or inconsistencies with an applicable land use plan, policy, Harbor&Bay Element(PA2001-050) May 17,2001 Page 4 C�' F or regulation, staff believes that the proposed Element would not result in any significant land use impacts. The comments from the Department of Transportation comments were merely statements of that agency's role and responsibility in the review of this and future projects. Recommendation Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council adopt General Plan Amendment No. GPA 2000-002(C). Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J.ALFORD Planning Director Senior Planner 01 OF C� Exhibits 1. 04/17/01 draft of the Harbor and Bay Element. 2. Resolution recommending approval to the City Council. 3. Draft Negative Declaration. 4. Correspondence. Harbor&Bay Element(PA2001-050) May 17,2001 Page 5 This Page Intentionally Left Blank City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION r There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone,the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 04/17/01 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. ,`\\\ � / r:. •`_ j ,/) I �.Q Lower Newport 8a �rt � Newport Bay ; :;. < 2 04/17/01 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, shall the protection of such land uses, activities, facilities, 3 04/17/01 17 and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. Z. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as door area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 04/17/01 = Managers office,the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats'), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent,water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 04/17/01 lmplementation Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise,traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 04/17/01 �Z other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of Iow-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strate ies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 04/17/01 I� waterfront owners/lessees to obtain financing for improvements to _ and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and g 04/17/0 1 lr redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers,parking waivers and other incentives. 9 04/17/01 IS 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner orlessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL 1113-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective H13-2.1: Improve and extend public pedestrian, vehicular, and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 04/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining,etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest clocks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 11 04/17101 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage,and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries,water taxis,etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 04/17/01 enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors,and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis,etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 04/17/01 HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. 1n cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 04/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes(such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons"in the physical development/appearance and cultural history of the Harbor. 15 04/17/01 �r Implementation Strategy I. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or fagade easements when requested by the property owner and funds are available. GOAL 1111-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 04/17YO 1 �z 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol,as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 04/17/01 Z� HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 041I 7/0I 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts,and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. IMplementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 04/17/01 3. Implement a tideland leasing program pursuant to which - waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage_ Area. A water area outside of navigation channels designated for the temporary anchorage of vessels,using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area(berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wail" an land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a"charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 04/17/01 r s s Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) Harbor Construction (Design Criteria and Standard Drawings. City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses, Equipment, and Facilities. 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 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored tin water) and/or dry-stored ton land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. 21 04/17/01 r, � i Mo"orin - A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Moorin Area. An area designated for a group of moorings. Newport_Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Project Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water De endent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and 22 04/17/01 2, enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair,marine-related retail sales,and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services,docking,parking, offices and other water and land support facilities. 23 04/17/01 r RESOLUTION NO.2001- _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE ADOPTION OF A HARBOR ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT NO. GPA 2000- 002(C)l WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS,on May 17,2001,the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed Harbor and Bay Element; and WHEREAS,the public was duly noticed of the public hearing; and WHEREAS,Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment No. GPA 2000-002 (C)to comprehensively update the Recreation and Open Space Element of the General Plan, as provided in Exhibit"A." i 7,m NOW,THEREFORE,BE IT RESOLVED that based upon the information contained in the Initial Study,comments received,and all related documents,the PIanning Commission finds that there is no substantial evidence that the project could have a significant effect on the environment,therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project,satisfies all the requirements of CEQA,and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prier to recommending approval of the project. ADOPTED this 17th day of May 2001,by the following vote, to wit: AYES NOES ABSENT BY Edward Selich,Chairman BY Steven Kiser, Secretary z u COY OF NEWPORT EEA&I NOTICE OF COMPLETION and Environmental Document Form To: State Clearinghouse From: City Of Newport Beach 1400 Tenth St.,Rm.121 Planning Department Sacramento,CA 95814 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92658-8915 (Tel.No.:9161445-0613) (Orange County) Contact Person: Patrick J.Alford SCH# Senior Planner Tel No.. (949)644-3200 Project Location: Cilywide Cross Streets SR 1 and SR 55 Total Acres l 568 160 A.P.Na, Numerous Section 26 Twp,_7S Range IOW Base San Bernardino Within 2 Miles: State Hwy#. SR I SR 55 SR 73 Waterways: Newport Ba Airports: John Wayne Railways: Noe Schools: See attached. Present Land Use/Zoning/General Plan Use: Various Project Description: An amendment to add a Harbor Element to the General_Plan. Document Type CEQA: NEPA OTHER NOP 0 Supplement/Subsequent D NOT LI Joint Document J Early Cons EIR(Prior SCE No.) EA Final Document 07 Neg Dec Draft EIS Other Draft(EIR U Other Ll FONSI Local Action Type General Plan Update Specific Plan ❑ Rezone Annexation General Plan Amendment 0 Master Plan d Prezone Redevelopment General Plan Element ❑ Planned Unit Dev. Use Permit ❑ Coastal Permit ❑ Community Plan Cl Site Plan ll Land Division(Sub-division Parcel Map,Tract map,ect.) ❑ Other Development Type a Residential: Units Acres 13 Water Facilities: Type MG❑ Q Office: Sq.ft. Acres Employees ll Transportation: Type d Commercial:Sq.ft. Acres Employees ❑ Mining: Mineral Industrial: Sq.ft. Acres Employees Power: Type Watts Educationa): Waste Treatment Type 11 Recreational d Hazardous Waste: Type (](her. Project Issues Discussed in Docum�t Ll AestheticA isual (r Flood Plain/Flooding Schools/Universities Water Quality Agricultural Land Forest Land/Fire hazard a Septic Systems a Water Supply/Groundwater Air Quality Geologic/Seismic Sewer Capacity Wetland/Riparian ArcheologicMistonc C Minerals Wildlife Soil ErosionlCompaction/Grading f� Coastal Zone Noise ©d Solid Waste Growth Inducing ❑ Drainage/Absorption Population/Bousing/Balance V Toxic/Hazardous Land Use Economic/Jobs Public ServicelFacilities ❑ Traffic/Circulation ❑ Cumulative Effects Fiscal Recreation/Parks a Vegetation ❑ Other F:\USERS\PLN\l FORMSVEG-DE003NOCOPR.DOC. _?Z Harbor and Bay Element Notice of Completion Schools located within 2 miles of the project site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School s de"Lly OF NEWPORT BEAPH 3300 Newport Boulevard -P.O.Box 1768 Newport Reach,CA 92658-8915 (949) 644-3200 NEGATIVE DECLARATION To; From: City of Newport Beach Planning Department Office of Planning and Research 3300 Newport Boulevard-P.O.Box 1768 P.O_BOX 3044 Newport Beach,CA 92658-8915 Sacramento,CA 95812-3044 (Orange County) ❑ County Clerk,County of Orange Public Services Division P.O.Box 238 Date received for filing at 0PR/Counry Clerk: Santa Ana,CA 92702 Public review period: March 19, 2001 to April 18, 2001 Name of Project: Harbor and Bay Element - Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and.Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ® attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-makers)prior to final action on the proposed project. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project,why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions o would like further information,please contact the undersigned at(949)644-3200. Date March 16 204 Patrick J.Alfard Senior Planner F-.\USERSIPLNISHAREDII FOP MSWEG-DE003NEGDEC-DOC CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM I. Project Title: Harbor and Bay Element 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach,CA 92658-8915 3. Contact Person and Phone Number: Patrick J.AIford,Senior City of Newport Beach Planning Department (949)644-3235 4. Project Location: City-wide 5. Project Sponsor's Name and Address: City of Newport Beach 3340 Newport Boulevard Newport Beach,CA 92658-8915 6. General Plan Designation: NIA 7. Zoning: NIA 8. Description of Project: The project consists of a General Plan Amendment to adopt a new optional elenient of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. 9. Surrounding Land Uses and Setting. (Briefly describe the projects surroundings.) Current City-wide Development: To the north: Cities of Costa Mesa and Irvine To the east: Newport Coast annexation area and City of Laguna Beach To the south: Pacific Ocean To the west: Cities of Costa Mesa and Huntington Beach 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. Harbor&Bay EIement Page 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Transportation/ ❑ Public Services Circulation ❑ Population& Housing ❑ Biological Resources ❑ Utilities& Service Systems ❑ Geological Problems ❑ Energy& Mineral ❑ Aesthetics Resources ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. C7 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or"potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ Harbor&Bay Element Page 2 3� I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because , all potentially significant effects (a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b)have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. � 03/14/01 Submitted by: Patric el. Alford, Senior Planner Signature Date Planning Department 031141a1 Prepared by: atrick . Alford Signature Date F:IUSERSTLNLSHARED\IFORiMS5 NEG-DEC OOCKL1ST.DOC Harbor&Bay Element Page 3 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 1. AESTHETICS. Would the project: a) Have a substantial adverse effect ❑ ❑ ❑ B on a scenic vista? b) Substantially damage scenic ❑ ❑ ❑ Q resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing ❑ ❑ ❑ Q visual character or quality of the site and its surroundings? c) Create a new source of substantial ❑ ❑ ❑ PJ light or glare which would adversely affect day or nighttime views in the area? 11. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ [� Farmland, or Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ agricultural use, or a Williamson Act contract? c) Involve other changes in the ❑ ❑ ❑ 0 existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? Harbor&Bay Element Page 4 3? Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation I ncorporated 111. AIR QUALITY. Would the project: ay Conflict with or obstruct ❑ ❑ ❑ p implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ ❑ p contribute to an existing or projected air quality violation? c} Result in a cumulatively ❑ ❑ Q ❑ considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ Q ❑ substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ 2 ❑ a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: ay Have a substantial adverse effect, ❑ ❑ El ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ ❑ Q ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Harbor&Bay Element Page S 3 � 0r Potentially Potentially Less than No _ Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ' c) Have a substantial adverse effect on ❑ ❑ Q ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the ❑ ❑ Q ❑ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ❑ ❑ p� ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ ❑ R1 ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ❑ ❑ ❑ change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse ❑ ❑ Q ❑ change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a ❑ ❑ Q ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ❑ ❑ Q ❑ including those interred outside of formal cemeteries? Harbor&Hay Element Page 6 0 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated Vt. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ p potential substantial adverse effects, including the risk of loss, injury,or death involving: i) Rupture of a known earthquake ❑ ❑ ❑ [• fault, as delineated on the most recent Alquist-Prioio Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ ® ❑ shaking? iii)Seismic-related ground failure, ❑ ❑ ® ❑ including liquefaction? iv) Landslides? ❑ ❑ ❑ ❑ b) Result in substantial soil erosion or ❑ ❑ ❑ Q the loss of topsoil? c) Be located on a geologic unit or soil ❑ ❑ [. ❑ that is unstable,or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, Iiquefaction or collapse? d) Be located on expansive soil,as ❑ ❑ ❑ 0 defined in Table 18-z-B of the Uniform Building Code(1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ H supporting the use Septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water'? Harbor&Bay Element Page 7r,' Potent€ally Potentially Less than No Significant Significant Significant Impact Impact Unless impact , Mitigation Incorporated VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a} Create a significant hazard to the ❑ ❑ 0 ❑ public or the environment through routine transport, use,or disposal of hazardous materials? b) Create a significant hazard to the ❑ ❑ E ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or ❑ ❑ ® ❑ handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? df Be located on a site which is ❑ ❑ ❑ d included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land ❑ ❑ ❑ j� use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f} For a.project within the vicinity of a ❑ �] ❑ ❑ Private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ physically interfere with an adopted emergency response plan or emergency evacuation plan? Harbor&Bay Element Page 8 �Z. Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigation Incorporated ti h) Expose people or structures to a ❑ ❑ ❑ Q Significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ Q or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ Q supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ❑ ❑ ❑ Q drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which.would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing ❑ ❑ ❑ Q drainage pattem of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding an or off-site? e) Create or contribute runoff water ❑ ❑ ❑ C�1 which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Harbor&Bay Element Page 9 L - - Potentially Potentially Less than No - Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated f} Otherwise substantially degrade ❑ ❑ Q ❑ water quality? g) Place housing within a 100-year ❑ ❑ Q ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a I00-year flood ❑ ❑ p ❑ hazard area structures which would impede or redirect good flows? i) Expose people or structures to a ❑ ❑ Q ❑ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? j} Inundation by seiche, tsunami, or ❑ ❑ p ❑ mudflow? IX. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established ❑ ❑ ❑ Q community? b) Conflict with any applicable land use ❑ ❑ ❑ Q plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ Q conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availabiiity of a ❑ ❑ ❑ known mineral resource that would be of value to the region and the residents of the state? Harbor&Say Element Page 10 Potentially Potentially Less than No Significant significant Significant Impact Impact unless Impact Mitigation Incorporated b) Result in the loss of availability of a ❑ ❑ ❑ Q locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? c} Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? X1. NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ 2 ❑ generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b] Exposure of persons to or ❑ ❑ Q ❑ generation of excessive groundborne vibration or groundborne noise levels? c} A substantial permanent increase in ❑ ❑ Q ❑ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ Q ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ Q airport land use land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ Q private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Harbor&Bay Element Page 11 �S Potentially Potentially Less than No _ Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly(for example, by proposing new homes and businesses) or indirectly [for example, through extension of roads or other infrastructure]? b) Displace substantial numbers of ❑ ❑ ❑ Q existing housing, necessitating the construction of replacement housing e#sewhere? c} Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? X111. PUBLIC SERVICES ❑ ❑ ❑ Q Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. Fire protection? ❑ ❑ ❑ Lf Police protection? ❑ ❑ ❑ Q Schools? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ❑ Q Harbor&Bay Element Page 12 _ 0 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated X1V. RECREATION a) Would the project increase the use ❑ ❑ ❑ Q of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ ❑ ❑ p recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?opportunities? XV. TRANSPORTATIONITRAFF1C Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ Q substantial in relation to the existing traffic load and capacity of the street system(i.e., result In a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or ❑ ❑ ❑ 0 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ ❑ ❑ Q patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due ❑ ❑ ❑ Q to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ access? Harbor&Bay Element Page ]3 ;G 7 Potentialiy Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated f] Result in inadequate parking ❑ ❑ ❑ 0 capacity? g) Conflict with adopted policies, plans, ❑ ❑ ❑ or programs supporting alternative transportation te.g., bus turnouts, bicycle racks)? XVI. UTILITIES&SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ ❑ p ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ [,�f ❑ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction ❑ ❑ [,7� ❑ of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ Q ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ 2 ❑ wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? fy Be served by a landfill with sufficient ❑ ❑ ❑ Q permitted capacity to accommodate the projects solid waste disposal needs? Harbor&Bay Element Page I4 Potentially Potentially Less than No Significant Significant Significant Impact impact Unless Impact Mitigation , Incorporated g) Comply with federal,state,and local ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential ❑ ❑ p Q to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ Q are individually limited, but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c} Does the project have ❑ ❑ 0 Q environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQAA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Harbor&Bay EIement Page 15 c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Harbor&Bay Element Page 16 CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Harbor and Bay Element General Plan Amendment No.2000-1 (C) PROJECT DESCRIPTION The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. ANALYSIS I. AESTHETICS The Harbor and Bay Element contains policies and programs intended to preserve and enhance the visual character of Newport Harbor and Newport Bay. 11. AGRICULTURAL RESOURCES No agricultural lands or resources are affected by the policies and programs contained in the Harbor and Bay Element. III. AIR QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by motorized watercraft, including recreational boats, passenger/sightseeing boats, passenger-fishing boats, and entertainment boats, which impact air quality. However, these policies do provide for an increase or decrease in the level of activity. Therefore, no significant impacts to air quality are anticipated. 1V. BIOLOGICAL RESOURCES The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological.Reserve. The Harbor and Bay Element contains polices and programs recognizing the necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment. However, such activities will continue to be conducted through Harbor-wide maintenance dredging permits, which are reviewed and approved by all agencies with jurisdiction over the Harbor. 011 V. CULTURAL RESOURCES The Harbor and Bay Element contains policies and programs that call for construction of harbor-related facilities, although no specific sites or designs are identified. Such facilities could be constructed in areas where archaeological or paleontological resources are expected to exist on the site; the necessary investigations and precautions will be instituted to ensure preservation of such resources. The Harbor and Bay Element contains policies and programs-intended to encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. VI. GEOLOGY AND SOILS The Harbor and Bay Element contains policies and programs call for construction of harbor-related facilities, although no specific sites or designs are identified. The area in and around Newport Bay is subject to strong seismic ground shaking and has a historic occurrence of liquefaction; Local geological, geotechnical and groundwater conditions also indicate potential for permanent ground displacements. However, all new development will be required to incorporate measures to reduce risks to acceptable levels. VII. HAZARDS AND HAZARDOUS MATERIALS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could-- involve: hazardous materials-. However, these.-policies. do not provide for an increase or decrease- in the level of activity. Therefore;. no significant impacts. are anticipated. VIII. HYDROLOGY AND WATER QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities, which could impact water quality. However,these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to ensure that the water quality in Newport Bay Harbor meets Federal, State and local standards. Therefore, no significant impacts are anticipated. The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance land uses and activities, which are in areas subject to flooding and potentially to seiche, and tsunami hazards. However, these policies do not provide for an increase or decrease in the level S� of activity.and individual projects will be required to incorporate appropriate mitigation measures- Therefore,no significant impacts are anticipated. IX. LAND USE AND PLANNING The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The Harbor and Bay Element is also intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City"s Local Coastal Program. X. MINERAL RESOURCES No mineral resources are known to exist in Newport Bay or the surrounding area. Therefore,there is no impact. XI. NOISE The Harbor and Bay Element contains policies that allow for the,continued use of Newport Harbor by commercial, recreational, and maintenance activities, which could impact adjacent residential areas. However, these policies do not provide for an increase or decrease: in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to control and mitigate noise-related Iand use conflicts. Therefore,no significant impacts are anticipated. XH. POPULATION AND HOUSING The Harbor and Bay Element contains no policies that would result in any. growth or reduction in the area's population. Therefore, no significant-impacts are anticipated. XITI. PUBLIC SERVICES The Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XIV. RECREATION The Harbor and Bay Element contains polices and programs that will maintain or increase recreational facilities and opportunities in and around Newport Bay. Therefore, no significant impacts are anticipated. XV. TRANSPORTATIONITRAFFIC The Harbor and Bay Element contains polices intended to minimize traffic and parking impacts associated with the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVI. UTILITIES & SERVICE SYSTEMS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by uses that could impact water and wastewater systems. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVII. MANDATORY FINDINGS OF SIGNIFICANCE The Harbor and Bay Element is also intended to provide general policy guidance for uses of the water and waterfront property in Newport Bay. This includes polices intended to enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Therefore, it does not have the potential to substantially impact fish, wildlife, or plant species. No significant cumulative impacts are associated with the adoption of the Harbor and Bay Element. There are no known substantial adverse effects on human beings that would be caused by 'the adoption of the Harbor and Bay Element.. ARDELL INVESTMENT COMPANY 2077 WEST COAST HiGHWAY POST OFFICE BOX 1715 NEWPOPT BEACH,CAUFORMA 92659 (949}642-1626 March 20, 2001 Mr. Tony Melum, Director Harbor Resources Division. City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: General Plan Harbor and Bav Eler;=,, Dear Mr. Meluni: r Thank you for the opportunity to reply to your letter of March 6, 2001 which included a copy of the General Plan Harbor and Bay Element. .Ardell Investment Company is the owner of a property with 700 feet of lineal frontage on Newport Bay. Our principal concern after reviewing the Harbor and Bay Element is the economic viability of properties which are not developed to their highest and best use at this time. It appears that many of the existing water-related commercial uses in the Harbor which are advocated in the document do not generate sufficient revenues to justify such uses on valuable bayfront parcels. We would hope that land use regulations applicable to waterfront property will continue to allow uses that can generate sufficient income to justify development. The current limited zoning along Mariners' Mile is a deterent to duality development. Land uses should be expanded beyond the narrow water- dependent and water- related uses included in the Harbor and.Bay Element. Property Owners must be allowed viable economic use of their property if quality deveiopment is to occur on the bay,especially in the Mariners' Mile area. Maintaining and enhancing the charm and character of the Harbor as suggested are laudable goals; however, quality development on the bay will not occur if there is undue emphasis on water dependant and water related uses. Thank you. Sincerely, �� D.T. Daniels Dice President J From: Campbell, Names Sent: Tuesday, March 20, 2001 4:34 PH To: Alford, Patrick Subject: EW: Mariner's Waterfront/Harbor & Bay Element -----Original Message------ From: Keenan Smith [mailto:keenan@citylightsdesign.com] Sent: Tuesday, March 20, 2001 1:31 PM To: Norma Clover; Sharon Wood Cc: Jim Campbell; Lee Anne Kirby: Tal Jackson Subject: Mariner's Waterfront/Harbor & Bay Element Norma, Sharon, et al. . . I spent a few moments in the last couple of days reviewing the proposed "Harbor and Bay Element" which Mark Murrell distributed at our last Mariner' s Mile Business Owner's Association meeting on March 14. My reaction is that it is a good piece of comprehensive planning work, focusing on policies which preserve, enhance and promote efficient operations on one of Newport's most obvious assets. In thinking about the goals, policies and implementation suggestions of .the Harbor and Bay Element vis-a-vis our work on Mariner's Mile, the following co.nections, thoughts and recommendations come to mind: 1. Support Passage and Approval. --------------------------------- The approval, of the Harbor and Bay Element allows it to "take the lead" in establishing, strengthening and supporting policies co-comminant with our strategic objective of promoting a vibrant public waterfront on Mariner's Mile. it makes it a little easier for us. 2. Coordinate Efforts., ----------------------- We should look for areas of policy co-alignment and implementation strategies which can mutally reinforce the Mariner's Mile Waterfront and Harbor/Bay Element objectives. I think there are many of these, such as: pedestrian walkways and connections, incentives to protect water-dependent, water-related and water-enhanced uses, establishing guidelines to preserve the marine character of the waterfront, etc. 3. Re--visit the Waterfront Strategies of the Mariner's Mile Strategic Vision. --------------------------------------------------------------------------- If the Harbor and Bay Element is successfully initiated, we may wish to re-visit our concepts and ideas in appropriate sections of the the Strategic Vision and Design Framework with an eye to coordinating and cross-referencing the two documents, and reinforcing strategies for the waterfront along Mariner's Mile. 4. Mariner's Waterfront: Demonstration Project. ------------------------------------------------- Taking one step further, would it make sense at some point to build on the potential momentum created by the Harbor. and Bay Element by perhaps initiating a "Mariner's Waterfront Concept Plari" which proposes implementation of some the key concepts and applicable ideas? We have said all along that the waterfront on Mariner's Mile is it's most important but best hidden asset. Maybe the time has come (or is close at hand) for moving some of our ideas forward, S� underwritten, propelled and reinforced by the policies of the impending Harbor- and Bay Element. 5. A Larger Vision. -------------------- In summary, I think the proposed Harbor and Say Element is worthy both for its motives and content, and holds obvious implications and perhaps even promise for the overall strategic objectives we've been working on for the waterfront on Mariner's Mile. After "The Village, " I'm thinking "The Waterfront" may be "the next piece" we work on implementing. "The Waterfront" would connect to (and reinforce) the sense of place we are trying to create in "The Village." Taken together, a comprehensive and coordinated plan for both the "Village" and "Waterfront" would create a backbone for positive redevelopment and set the stage for a potentially incredible tranformation of Mariner's Mile. Comments invited. thanks, Keenan --------------------------- City Lights Design Alliance P.O. Box 1166 Dripping Springs, Texas 78620 tellfax 512-264-3031 Weber Plywood & Lumber Co., Inc. March 21, 2001 Tony Melum, Director Harbor Resources Division City of Newport Beach P.q. Box 1768 Newport Beach, CA 926588-8915 Dear Mr. Melum: I am in receipt of your letter of March 6, 2001 regarding the General Plan Harbor and Bay Element I have read it thoroughly and all I can say is that it all sounds good until we get to the bottom line. My concern here is you can't do all these things without hiring a lot of people and having to pay for them. So, my question becomes how are you going to implement the revenue and in what areas, from whom, why, when and how many people are you going to have t"mploy to do all these things—that's the bottom line. 1 certainly would like a ply to these questions. I am an owner and have a boat slip in front of.my h❑ a but I'm not just concerned with that, I'm concerned with the whole area. I w uld appreciate hearing-from you. Best reg , on er T 7L oParkDr. Ne ort Beach, CA 92663 15501 Mosher Street •Tustin, CA 92780 • (714) 259-1100 -So. CA (SM) 432-7300 4 FAX (714) 259-8054 Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Winston H. Hickox Cypress, California 90630 Gray Davis Agency Secretary Governor California Environmental Protection Agency . March 28, 2001 RECwIVED BY PLANNING DEPARTMENT CITY Or +tJFt 0 .i 2CCi AN1 PM Mr. Patrick J. Afford 71819[loll 11121liplxl5i8 Senior Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT - 2001031075 Dear Mr. Alford: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND)for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1 The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites,the ND needs to evaluate whether conditions at.the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. no energy chef rw facing Calffomis is real Every catwomian needs to fake immediate action to reduce energy consumption. For a fist of simple ways you can reduce demand and cut your energy costs,see our Web-site at www.dtso ca.gQv 0 Printed on Recycled Paper Mr. Patrick J. Alford March 28, 2001 Page Two 5) The ND indicates the presence of 14 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study should be conducted to provide basic information for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and faculty members attending the schools. 6) If during construction of the project, soil contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714)484-5479. Sincerely, Haissam Y. Salloum, P.E. Unit Chief Southern Califomia Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, California 95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, Califomia 95812-0806 ` STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS,Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,suite 10M RECEIVED BY Lon mac`'CA 9M2.43M PLANNING DEPARTMENT (562)590-3071 CITY OF NEWPQPT I✓$fi%, 2001 Patrick J.Alford AN 16 2661 Senior Planner AM PM City of Newport Beach Planning Department # # 1 I I ! ! # ! # 1 3300 Newport Boulevard—P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Harbor and Bay Element City of Newport Beach General Plan Amendment SCH #200/03/076 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay EIement of the City's General Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment will affect the City's certified Land Use PIan (LUP). Based on our review of tie proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP (as will be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review. Certified Land Use Plgn (LUP) The Harbor and Bay Element states that the document is `not intended to supplant or modify the Land Use Plan of the City"s Local Coastal Program.' In addition, the Initial Study checklist identifies"no significant impact" in response to question IX(b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in thq.Newport Harbor area. Not only does the document discuss Iand use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged Iands,etc.)that would be retained even if the City. were to achieve LCP certification in the future. As such,we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. If not structured to be consistent with the certified LUP and the policies of the Coastal Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the policies . of the LUP and Coastal Act will take precedence during review of a project in the Newport Harbor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review is required. Therefore, it is€easible that an applicant may believe that since their project meets the policy intent of the City's Harbor and Bay Element, that Commission approval is a "given.` To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be incorporated into the document that outlines the Coastal Commission's coastal development permit(CDP) process for applicants. Land Uses When discussing the diversity of land uses(page 3),the Harbor and Bay Element identifies `water dependent"uses as the highest priority, 'water related"uses as the second priority and "'wafer enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities." API r Page 2of4 - As defined in Section 30191, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at all"and "coastal- related development"means any use that is "dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent nor coastal-related. Parkin; Waivers and Other Incentives The document repeatedly refers to the use of"parking waivers." Section 39252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking to serve the demand it creates. By waiving parking requirements, a deficiency may be created which wou€d adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed (i.e. through in lieu fees to construct a shared parking garage). The proposed document also refers to density bonuses, transfer of development rights and floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate visitor-serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and C3ay Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideland Leases The Harbor and Bay Element addresses the "use of long term tideland leases rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed "long-term" tideland leases differ from the current system? Would the use of a long-term program be consistent with the City's tidelands grant statutes (Assembly Bill No. 1422, 1978)? Vessel Berthing and Storaq The proposed document discusses the encouragement of guest dock capacity throughout the City (page 7). It appears that some of these are private facilities (ex. yacht clubs) and some public (ex. City facilities). Commission staff would encourage the expansion of_ublic facilities wherever possible. The allowance of"live-aboards" is also discussed in this section of the document. What type of off- street parking requirement would be applied for this type of use? Are these currently allowed under City ordinances and how is the use regulated? The section also discusses the continued authorization of piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy (and others throughout the Harbor and Bay Element) allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. The proposed GP amendment should include policies that require private residential development and associated docks to be designed so as not to adversely affect public access or recreation. For example, private docks crossing public land (seaward of the MHTL) obstruct Iateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance public access wherever possible. Specifically, the pier and dock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of fill of coastal waters, etc.) 0 Page 3of4 Dredging Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing. Commercial Development The proposed Harbor and Bay Element addresses the redevelopment of existing commercial areas. The provision of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of "public access detours" through areas developed with marine sales and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of these activities in order to allow unobstructed public access, thereby minimizing or avoiding conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the loss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way. Water Quality While we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Visual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of "new or renovated bulkhead permits." The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures. Section 30233 of the Coastal Act limits fill to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to,protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply... The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, if the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land lost through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). �3 Page 4 of 4 = Administration e proposed GP amendment discusses the creation of a "reference document"that would assist applicants understand and comply with `all Harbor and Bay regulatory and permitting processes." Until the City obtains a certified l_CP, coastal development permits will be required from the Coastal Commission. Consequently, it is important to outline the Commission's CDP process as part of any reference document. Sensitive Natural Resources eac nourishment and dredging are discussed on page .18. However, there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of"comprehensA�e program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City's Harbor and Bay Element. if you have any questions, fee[free to call me at(562) 590-5071. Sincerely, Anne Z. Kramer Coastal Program Analyst cc: State Clearinghouse File I�f' I STATE OF CALIFORNIA • GRAY DAVIS, Govemor CALIFORNIA STATE LANDS COMMISSION PAUL D.THAYER,Executive Officer 100 Howe Avenue, Suite 100-South (916)574-1800 FAX(916)574-i810 Sacramento, CA 95825-8202 `p:;..;.: California Relay Service From FDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916)574-0234 ,fa— - Contact FAX., (916)574-1955 April 16, 2001 Pile Ref: G09-02 Ms. Nadell Gayvu The Resources Agency 1020 9th Street, 3rd Floor Ey Sacramento, CA 95814 PLANNING DwPnR T MEN: Mr. Patrick J. Alford, Senior Planner APR 1 66� City of Newport Beach ANC PM 3300 Newport Beach — P.D. Box 1768 71 ;9110 111 y11, 131 15"6 Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr. Alford: Staff of the California State Lands Commission (CSLC) has reviewed the Negative Declaration (ND) for the proposed General Plan Amendment to adopt a new optional element of the General PIan, SCH #2001031075. According to the information provided, the proposed Harbor and Bay Element addresses uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Based on our review of the materials provided, we offer the following comments. Under the California Environmental Quality Act (CEQA), the City of Newport Beach is the Lead Agency and the CSLC is a Responsible and/or Trustee Agency for any and all projects that could directly or indirectly affect sovereign lands, their accompanying Public Trust resources or uses, and the public easement in navigable waters. The Proposed Harbor and Bay Element area includes: • Sovereign Iands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; • Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of 6-r Ms. Nadeli Gayou Mr. Patrick J. Alford _ April 16, 2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign lands were granted back to the CSLC and leased (PRC 5091) to the California Department of Fish and Game (CDFG) for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal HB-1 #5 "Waterfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide line, nearly all of those lands involved are likely to be subject to the Public Trust Doctrine and the granting statutes. Objective HB-1.2, Implementation Strategies, #5, states "Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats, and structures on tida-lands." The granting statutes (referenced above) state that the City may grant leases on tidelands not exceeding 50 years. General practice of the CSLC is to grant leases not exceeding 19 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy HB-1.3.6, would "Allow `live-aboards' subject to restrictions on the number of`live-aboards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal." What are the details of such restrictions? How many live-aboards are there now? Residential use of Public Trust lands is allowed only to provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard. We appreciate the opportunity to comment. If you have any questions or comments concerning the CSLC's jurisdiction, please contact Jennifer Reischman, Public Land Management Specialist, at (916) 574-0234. Sincerely, 44 c Dwight E. Sanders, Chief Divisi n of Environmental Planning And M gement cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman -j $ O THOMAS B. MATHE► S 10 `� County of orange �`��°� - 3W N. FLOWER ST. Planning & Development Services Department SAKFA ANA.CAUFORNW ti �tFag$ MA1LM ADDRFSS. P.O. Box 4048 SANTA ANA, CA 42702-W48 NCL 01-24 April 17,2001 Patrick J. Alford, Senior Planner City of Newport Beach PScC�1`JE7�� PLANNING DEPARTMENT Planning Department CITY OF: NEWP�eP i CEA-H 3300 Newport Boulevard P.O. Box 1768 Ai;K. Q N 01 Newport Beach, CA 92658-8915 AM PM 71$19i10i11il"il A314A6 SUBJECT: Negative Declaration for the Harbor and Bay Element Dear Mr. Alford: The above refere-aced item is a Negative Declaration(ND)for the City of Newport Beach. The proposed citywide project is a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The County of Orange has reviewed the ND and offers the following comments regarding open space and recreation. A. The proposed element should acknowledge provision and operation of County Harbor . Patrol service which includes, but is not limited to, boating assistance and emergency assistance both in Newport Harbor and the high seas. B. The County of Orange owns significant tidelands in Newport Harbor. Examples consist of both water and land including Harbor Patrol headquarters,Bayside Drive Beach and Newport Dunes Aquatic Park,and most of the outer perimeter of Harbor Island. The proposed element should also acknowledge this information within the proposed element. Thank you for the opportunity to respond to the ND. If you have any questions,please contact me,or feel free to call Charlotte Harryman directly. Charlotte may be reached at(714) 834-2522. Vepr truly yours, George Bhtton,Manager Environmental and Project Project Planning Services Division CH (o'7 STATE OF CALIFORNIA—BUSINESS ANC TRANSRDRTATION AGENCY GRAY DAVIS.Govem- ❑EPARTMENT OF TRANSPORTATION - DlSTR1CT 12 � 3347 Michelson Drive Suite 100 � Irvine,CA.92612-0661 April 18th, 2001 Patrick J. Alford File: IGR/CEQA City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.O. Box 1768 Newport Beach , CA 92685-9815 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative ❑eciaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element focuses on the rases of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Spare Elements. Caftrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: • All of the elements of a General Plan, whether mandatory or optional, must be consistent with one another. ■ The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. • The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. ■ The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. April 18, 2001 Page 2 • Adequate mobility and choice for the Transportation of people and goods. • Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caltrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. if you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. S,incere y, Robert F. Jose h �hief Advanced Planning Branch cc: Terry Roberts, OPR Ron Helgeson, HDQRTRS Planning Roger Kao, Hydraulics 6r 1 l R=CCIVEiD 6y PL4NNiNG D"-Pr',kRTN1EN T�. CITY Op t�4'� � 7 2G�1 P N1 Dear Mr. Alford, �� a 7,a,9�14,1111611121314isl6 I have two concerns about the Harbor and Bay Element of tfi* proposed General Plan. The first is noise. At your meeting it was inferred that there is already an element in the general plan that controls noise. It is not working! in our area there are two major offenders: The first is the Balboa Bay Club. an Friday and Saturday nights, especially in the summer they have outdoor parties with bands that play so loud that outdoor living at any home on Via Lido Nord is impossible. I have complained verbally and in writing to the Bay Club and to the police. Nothing changes. The second is the increasing number of large party boats on the bay, especially the Hornblower group. I understand the need for public access to the bay and know that there is a ten o'clock curfew, but there are more of these boats every year and the noise level before ten would be unacceptable on any residential street in Newport. Why is it tolerated for those of us who live on or near the bay? My other concern is water pollution. At your meeting I suggested dye tablets as occurs in Avalon. The inference from those who responded was that it was impractical and unenforceable. I disagree. How about a trial run? First a large publicity campaign stating that the tablets would be placed at random, that violators would receive large fines and be banished from the bay for twelve months. A phone number could be included for the public to call and report violators. Then put two to three hundred tablets in boats at random and see what happens. Incidentally, the legality of fines and banishment has been successfully tested in court by the city of Avalon. I will look, forward to your future meetings and will hope that your efforts will enable us to avoid destroying the bay in the name of publiEL Sincere[Fritz . . 662 Via Lido Nord Newport Beach, Ca. 949-673-0926 JAMES E . MUNROE RECEIVED By pLANN[NG ❑EPARTMEW CITY pF NF-Wonwr REACH M 1�AY AD 2QCl1 PM May 5,2001 A City of Newport Beach 3300 Newport Blvd Newport Beach,CA 926%-8915 Attention: Mr.Patrick],Alford Senior Planner Subject: Harbor and Bay Element Please consider the following additions to the 11/15/00 tent discussed at the open heating on 4/11/01. The suggested changes would bring consideration to the residential requirements of the water-related uses. Page 3 Goal HB-1 paragraphs 5.Waterfront residential communities (add) "including water-dependent and water-related and water-enhanced uses of beaches and piers" Page 8 Objective paragraph 3 Facilitate necessary periodic dredging for safe navigability and access to marinas, (add)"facilities and residences," Page 22 definitions Water Dependent Use boatyards,yacht/sailing/boating/fishing clubs,(add)"residences". Adding this terminology would give consideration to residential uses equivalent to that given the commercial uses. Sincerely, �JamesMunroe 1310 SOUTH BAY FRONT BALBOA ISLAND • 92662 PHONE: 949 673-6497 FAR: 949 6763-40Z1 CITY OF NEWPORT BEACH PLANNING DEPARTMENT TO: County Clerk Public Services Division P.O. Box 238 Santa Ana, CA 92702 FROM: Planning Department,City of Newport Beach SUBJECT: NOTICE OF DETERT IINATION FILING Enclosed are two copies of a Notice of Determination for filing as required by Public Resources Code Section 21152. Please stamp one copy "Posted/Filed" and return to the undersigned at the address shown on the NOD. Compliance with Public Resources Cade Section 21089(b)and Fish and Game Cade Section 711.4 is provided as follows: v Enclosed is a check in the amount of $888 ($850 as required for an EIR project + $38 County Clerk filing fee). o Enclosed is a check in the amount of$1288 ($1250 as required for a Negative Declaration project+$38 County Clerk filing fee). xEnclosed are two copies of a Certificate of Fee Exemption as provided by Fish and Game Code Section 711.4 and CCR Title 14, Section 753.5. U The approval associated with the enclosed NOD is one of a series of actions that are part of the same project. The required DFG fee was paid at the time the Notice of Determination was filed for the first such action on this project. As provided by Fish and Game Code Section 711.4(g), no additional DFG fee is therefore required. Enclosed is the $38 County Clerk filing fee. YThe City is a Responsible Agency for this project. The fee requirements of Fish and Game Code Section 711.4 will be satisfied by as the Lead.Agency. If you have any questions,please contact the undersigned at 949-644-3200. Patrick r.Alford, Senior Planner Date CITY Y OF 1V E WPOR' i jEAC:H 3300 Newport Boulevard Newport Beach,CA 92758-8915 (949)644-3200 NOTICE OF DETERMINATION To: From: City of Newport Beach Office of Planning and Research Planning Department 1400 Tenth Street.Room 12 i 3300 Newport Boulevard Sacramento,CA 95814 Newport Beach,CA 92758-8915 (Orange County) ❑ County Clerk,County of Orange Public Services Division P.O. Box 238 Date received for filing at OPR: Santa Ana,CA 92702 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: Harbor and Bay Element of the City of Newport Beach General Plan State Clearinghouse Number: City Contact Person: Telephone No.: SCH 42001031075 Patrick J.Alford,Senior Planner (949)644-3235 Project Location: Citywide Project Description: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay EIement addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. This is to advise that the City of iVewporr Beach, Planning Commission, has approved the above described project on_June_7, 200land has made the following determinations regarding the above described project: I. The City is B Lead Agency © Responsible Agency for the project. 2. The project ❑will ©will not have a significant effect on the environment. 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 4. ©A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures 0 were© were not made a condition of the approval of the project, 6. A Statement of Overriding Considerations ❑ was © was not adopted for this project. 7. Findings © were ©were not made pursuant to the provisions of CEQA. The final E1R or Negative Declaration and record of project approval is available for review at the Planning Department of the City of Newport Beach,3300 Newport Blvd.,Newport Beach,California 92658-8915,(949)644-3200. .Tune 17. 2001 Patrick J. Alford, Senior Planner Date CALIFO DEPARTMENT OF FISH A GAME CERTWICATE OF FEE EXEMPMN De Minimis.Impact Findingg Project Title/Location include court Harbor and Bay Element of the City of Newport Beach General PianlCitywide, Newport Beach, Orange County, California. Project Description: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Findings of Exemption attach as necessary): Pursuant to §711.4 of the Fish and Game Code, the proposed project, is exempt from the required fees as it has been determined that no adverse impact to fish and wildlife resources will result from this project. The Initial Study/Mitigated Negative Declaration (ISIMND) for the project was prepared and fully evaluated the potential environmental impacts resulting from the proposed project. The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and. around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Patrick J. Alford, Senior Planner Lead Agency: City of Newport Beach Date: June 17 2001 RiBbirt RECEIVED BY PLANNING�DEPARTMENT CITY OF N June 22,2000 ,;lu` 9 G 20�� PM Patrick Alford �M 7t8ti�110 El l E12 E1E2E314t5 1B Senior Planner City of Newport Beach Community and Economic Development Planning Department 3300 Newport Boulevard Newport Beach,CA 92658 Dear Patrick, I received your draft of the Harbor Element. Since I've been away for four months,it was interesting to catch up with where the committee was at. I had several comments for your consideration and the deliberation by the committee. Although the relationship of the residential element of Newport Beach is included in the report,I don't think it has received the emphasis that it deserves. The thing that separates Newport Beach from Marina Del Rey and other harbors is the fact that it is a very unusual residential community and that factor is the primary reason that it has retained it's uniqueness and charm. I think that this need to maintain the dominance of residential waterfront needs to be emphasized and re-emphasized in order that it not just be one of a number of factors in our work. Incidentally,there has been a number of letters in the Daily Pilot and other publications, stressing what the public views as a tragedy by the loss of the marine service facilities in places such as Mariner's Mile where we see]iffy Lube and other non-marine activities t kl:ng over the entire Mariner's Mile area with a by-product of eliminating any marine environment. There is going to be an extreme shortage of properties available for use by boating services,which will be surely needed in future years. I personally, and others in the community, feel that the City has failed to support the perpetuation of the marine element with it's own assets. After talking with many marina major property owners, it is a universal feeling that more and more shipyards and service facilities will be lost in part due to increased environmental concerns and in part due to the economic value that a property owner can obtain from other than tying up its land for shipyards,etc. This is going to hurt Newport Beach badly and such areas that the city controls as the American Legion property could well be focused on retention for those service activitie's haul-outs, and shipyards. The city seems to avoid using its own assets to maintain this environment and has looked to the business community to step to the 301 Shipyard Way, Newport 7e1. 949.7B.7780 Fax 949.723.778E 0 0 plate and devote land to those purposes. I'm afraid that there will be increasing pressure on the part of private ownership to no longer rent to marine service operations, and that wiII have a big negative impact. Although the report mentions the moorings in the harbor it still falls short in my opinion, of what is needed to make this usage be other than a problem. These moorings need to all have the near-by availability of showers, trash and garbage disposal, and parking not only for cars but for dinghys. There is a number of ways this can be dealt with but the city needs to make it a requirement that these facilities be available, or eliminate the mooring. These are just a couple of thoughts and I hope they will be considered by the department and the committee. Sincerely, R and S. Stevens Chairman CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY July 31, 2000 TO: Tod Ridgeway, Council Member Patrick Alford, Senior Planner FROM: Robert H. Burnham, City Attorney RE; HARBOR ELEMENT I have a number of general and specific comments regarding the proposed Harbor and Bay Element(Harbor Element or Element). GENERAL COMMENTS The Harbor Element indicates that the "relationship" to other Elements to the General Plan has been considered in drafting various provisions. However, I believe a very detailed analysis should be undertaken to ensure that the Harbor Element is either consistent with the mandatory Elements of the General Plan and the LCP or that appropriate amendments to those ElementsfLCP are initiated prior to approval of the Harbor Element. Any required amendments should be approved concurrently with the Harbor Element. Designation of the Element as a Harbor Plan (or something other than an element of the General Plan) is one way to avoid the issue of consistency, As you know, the term "development" is broadly defined in the Coastal Act. The term development includes any "change in the intensity of use of water, or of access thereto...." Development also includes any "change in the density or intensity of use of land...." l suspect the Coastal Commission staff will carefully review the Harbor Element to determine if a plausible argument can be made that the Element constitutes "deveiopmenf as that term is used in the Coastal Act. The Commission and courts have liberally construed the term "development to include, among other things, a proposal to reduce the floor area of a commercial building while converting a second floor storage area to a restaurant. The Harbor Element will, if approved as an element of the General Plan, become one more factor in the consideration of various permits, land use approvals and public works projects in and around the harbor. I would suggest that the Committee evaluate the provisions of the Element in terms of various projects and proposals that have been constructed or approved by the City during the last ten years. That type of analysis is well Re: Harbor Element Page: 2 suited to identify the type of provisions that best suited to achieve the Committee's goals and objectives. SPECIFIC COMMENTS: My specific comments are listed by goal and objective. Discussion of policies and implementation strategies are within the analysis of the various objectives. 1. GOAL HB-1 This particular objective does not seem to provide any particular guidance or direction to staff or the public. Since this is the first "goal" in the element, I would encourage the Committee to more clearly describe the purpose and aim of this provision. Ia. Objective HB-1.1 I would recommend that objectives, policies and strategies designed to minimize the impacts of commercial and recreational uses be incorporated into objectives, policies and strategies that are linked to preserving and enhancing "on the water" activities. Policies HB-1.1.1 and HB-1.1.2 could be construed as the presaging restrictions on public access and I am unclear as to their purpose or objective. Insofar as HB-1.1.2 is concerned, you may want to consider language that focuses on ensuring appropriate transitional uses between waterfront commercial development and single- family waterfront residences. The first and second implementation strategies could be construed as the first step in an effort to close off portions of the harbor to the public to protect waterfront homeowners. Since the objective is to control the noise and parking impacts associated with "on the water' commercial and recreational activities, another approach is to deal with the impacts in sections related to those specific activities is the better approach. To my knowledge no one has attempted to zone tide and submerge lands owned by the State of California, and in my opinion, zoning would not be effective to control uses appropriate for tide and submerged Iands. I would caution on adoption of a strategy to "encourage the upgrading of public residential waterfront pedestrian ways" since that strategy is not necessarily consistent with past actions of the Council or the desire to preserve property rights and protect security. The purpose of implementation strategy number five is unclear to me and strategy number six appears unnecessary. Implementation strategy numbers seven, eight and nine are, in my opinion, more appropriate for that portion of the Element that seeks to "maintain and enhance "on the water" commercial uses. Re: Harbor Element Page: 3 40 1 b. Objective HB-1.2 Balance is a good thing although this particular objective does not give me a clear idea of what is to be achieved. I believe the three policies could be placed in a better location in the Element and would suggest that policy HB- 1.2.3 be changed to read "...a level compatible with other bay uses...." Implementation strategy number three is a good idea, although rather specific for a general plan level document (the word "infractions" should be changed to "violations"). Implementation strategy number four may be more severe than necessary to achieve the objective. The City has no authority to restrict the use of the waterways to vessels with permits or to those berthed in the harbor. The only way to keep out-of-harbor commercial vessels from operating in the harbor is to eliminate our current harbor permit system and move to a system whereby the City leases tidelands to the upland owner. These leases can prohibit the lessee from allowing commercial vessels to dock or otherwise use the facility unless they have a charter permit from the City. Finally, I believe our noise ordinance does apply to all mobile noise sources. We may want to modify the strategy so that it focuses on the adoption and enforcement of modified noise standards given the unique circumstances related to noise transmission on the water. 1c. Objective HB-1.3 I only have minor suggestions. Policy HB-1.3.1 could be modified to reference both onshore and offshore moorings. Policy HB-1.3.3 could be modified so that the restrictions also relate to protection of water quality and that comment is equally valid for implementation strategy number three. 1 d. Objective H13-1.4 This objective should be reviewed to ensure that it is consistent with the goals of the Committee. The two initial implementation strategies appear to require a substantial amount of effort on a part of staff without accomplishing any particular objective. I like the idea of providing development incentives — possibly including City acquisition of "conservation easements" that help maintain economic liability of water dependent uses, however, I am not sure how the City could provide `Water access for non-waterfront property without running afoul of the takings clause. I do think some additional thought should go into the type of development incentives — or preservation incentives — the City is willing to offer to protect potentially endangered water dependent uses. I do not understand the purpose or intent of implementation strategy number four. Implementation strategy number five does not specify how owners and developers would be "encouraged" to retain existing structures. Moreover, Re: Harbor Element Page: 4 that strategy should be evaluated in light of proposed land use conversions --such as the proposed conversion of the Cannery to residential uses. le. Objective HB-1.5 The objective, the policy and the implementation strategies are clear and consistent with existing plans and practices. Again, we may want to consider developing imaginative implementation strategies that include City conservation easements. Assuming the Council moves towards a lease of tidelands bayward of commercial properties, the City can offer substantially reduced lease payments when compared to existing harbor permit fees or lease payments for lessees who permit charter boat activities and other "intensive"uses. 1f, Objective HB-1.6 This objective does not appear to have a real purpose. Policies HB-1.6.1 and HB-1.6.2 appear to be in conflict. Policy HB-1.6.4 could be revised to make it clear that public recreational docks would not be located in proximity to residential areas and should be renumbered to 1-113-11.6.3. l am unclear if this particular objective seeks to encourage or discourage visitor serving uses--and, while this issue exists throughout the Element, the term "water enhanced use" appears to be a poor substitute for visitor serving uses. The Committee may want to evaluate whether the harbor has more of certain visitor serving uses (such as restaurants) than can be sustained by a combination of visitors and residents. Finally, in the implementation strategy we may want to at least broach the subject of imposing conditions on "unstructured marine activities'° that have been know to disturb nearby residents (such as outrigger canoe clubs, etc.). 1 g. Objective HB-1.7 As I understand it, this objective and related policies are the subject of some discussion. i don't see any real inconsistency between a desire to facilitate a change from commercial to residential use in response to economic forces and a desire to preserve existing water dependent uses that are necessary to a working harbor. In this regard, I think we need to work a little harder on the definitions of water dependent, water related and water enhanced uses. Shipyards and fuel docks can operate in close proximity to residential properties without inherent conflict assuming good planning, operational restrictions and appropriate transitional uses. l would suggest the following revisions to the current language of objective HB-1.7 and policies HB-1.7.1 and HB-1.7.2. "Objective HB-1.7 Re: Harbor Element Page: 5 Preserve existing water dependent and water related land uses to the extent necessary to support the (insert number) recreational vessels and (insert number) commercial berthed or moored within the harbor so long as preservation is consistent with statutory, decisional and constitutional law. Policy HB-1.7.1 City shall, when evaluating requests for changes in use of waterfront property that contains water dependent or water related uses determined to be essential to the support of "on the water" commercial and recreational activities, consider the following: 1) The extent to which a change in use would effect the availability of services necessary to support "on the water" commercial and recreational activities; 2) The economic liability of the existing water dependent on water related use; 3) The capacity of the property to sustain existing use in light of current and projected demand for services provided by the use; 4) The compatibility of the existing use and proposed use with other waterfront land uses in the area. Policy HB-1.7.2 The conversion of water dependent or water related uses that are not found to be essential to preserving the then current level of on the water commercial and recreational activities will be considered consistent with this Element unless the City has agreed to prove the owner with incentives to the maintenance of the water dependent or water related use necessary to make these uses economically viable assuming a land value consistent with the existing use." 2. GOAL HB 2 Good goal. 2a. Objective HB-2.1 The objective, policies and implementation strategies are well thought out and articulated. My only comment is that full implementation could be expensive and we may want to identify additional implementation strategies designed to implement the very laudable objective and policies. Re: Harbor Element Page: E 2b. Objective HB-2.2 I don't have any quarrel with the objective, the policies or implementation strategies. However, the Committee may want to expand the objective to include commercial harbor activities, such as charter boats and tour boats. The objective could also introduce the concept that in preserving and enhancing these uses (which do provide public access to the water) we will enforce reasonable noise, parking and other restrictions and regulations designed to accommodate and protect patrons, other harbor users and waterfront residents. 2c. Objective HB-2.3 l would add a second policy that connects the City to maintaining the Junior Lifeguard program (which we could discontinue only through an act of congress) as well as City commitment to continue the recreational programs that provide public access, training and education. The Committee may also want to reference our contribution (land) to, and support of, the Interpretive Center and our role in the planning and hoped for construction of the Marine Study Center proposed for Shellmaker island (although that could go into Goal HB-3). 3. GOAL HB-3 My only suggestion is to modify the goal to include aquatic and other habitats since the Back Bay has seven different ecosystems. 3a. Objective HB-3.1 This is a good objective but understates what we have been doing and what we will need to do in the future to preserve the ecology of the Upper Bay and water quality in both the Upper and Lower Bay. We should include some of what we have done and all of what we intend to do such as comply with TMDL's, implement of NPDES, and preservation of access to the Upper Bay. The Committee may want to consider a policy that contemplates providing assistance to the Upper Bay Naturalists and other groups that enhance the publics access to, and understanding of, the Upper Bay. We should also insert some language into the Element that references potential impact of air carrier operations on the Upper Bay ecology and fink, preservation and enhancement of that ecology with existing restrictions on those operations. Re: Harbor Element Page: 7 4. GOAL H13-4 This is a goal that seemingly applies to less than a handful of properties (the Pavilion, Cannery, Crows Nest and the floating Nautical Museum are the only ones that come to mind) and could interfere with conversions that are mandated by economics. 4a. Objective HB-4.1 This is a good objective and the policies are certainly appropriate but it may be inconsistent with existing LCP policies. Policies H13-4.1.1 and HB-4.1.2 may not be consistent with the Coastal Act. 4b. Objective H13-4.2 This objective is consistent with the goal but I do not understand why this combined with objective HB4.1. The policy/implementation strategy is, to some extent, duplicative of implementation strategy 5 for objective HB-1.4. 4c. Objective HB-S We definitely need "ongoing administration and maintenance of the Harbor and Bay." S. GOAL 1-16-6.1 Good objective and well thought out policies. 5a. Objective H13-S.2 Good objective and well thought out policies and strategy. My only suggestion is that we may want to insert into the element those things that we have agreed to do in response to Coastal Commission/EPA/Corps concems so that our Element is consistent with our obligations under the general dredging permit. 5b. Objective HB-5.3 Good objectivelwell thought out policies and strategies. 5c. Objective H13-5.4 Good objective and thoughtful policies. We may want to change HB-5.4.3 to include stronger language supporting conversion from a permit system to a lease system (we only have two or three tideland leases now) and to • Re: Harbor Element Page. 8 describe how those leases can help implement many of the policies and objectives in the element (water quality, restrictions on charter activities, etc., etc., etc.) We may also want to introduce some language that identifies what we consider to be appropriate tideland expenditures (we assign a substantial portion of our police and fire budget to tidelands — a practice which fully accounts for the annual short fail in tideland revenues necessary to defray tideland expenses). State Lands staff has never bought into the concept of adding police and fire costs but they haven't rejected it either. Institutionalizing the practice in this document may be helpful. 5e. Objective HB-5.5 I suggest you delete objective HB-5.5. The City Council and the electorate have historically resisted efforts to market the bay and beach. While I think that marketing efforts need to be judged on a case-by-case basis, this objective may lead some to believe there is an effort to commercialize the bay and beaches. Promotional a 'vities can occur without inclusion in the Harbor Element. ,ROBERT H. BURNHAM City Attorney RHB:mI tlusers%catlsharedlrraryWwm[ bobV:paharbon)*rmitdoc �r Smooth Feed Sheets,TM �1� Use template for 516VI CASTAWAYS HOMEOWNERS ASSN NEWPORT ISLAND INC %KEYSTONE PAC PROP MGMT ATTN JIM MILLER ATTN CARRY LOVETT 3903 MARCUS AVE 16845 VON KARMAN 200 NEWPORT BCH CA 92663 IRVINE CA 92606 TWENTYE]GHTH STREET OWNERS ASSN. ROBERT ETHERINGTON 2700 NEWPORT BLV❑ 222 NEWPORT BEACH CA 92663 0AVERY0 Address Labels Laser 5160@ 0091S lase- s agel ssalppv ®AUMV6 AMERICAN LEGION POST#291 SAYSIDE COVE HOMEOWNERS ASSOC. %PCM DENNIS LAHEY PCM MR.RENE DECKER,MGMT REP 215 15T'H ST 23725 BIFITCHER DR NEWPORT BEACH CA 92663 LIKE FOREST CA 92630 BALBOA COVES COMMUNITY ASSOC. BAYSIDE VILLAGE HOMEOWNERS ASSOC. PAUL DONNE.LLY ATTN: PRESIDENT 8 BALBOA COVES 300 COAST HWY E #143 NEWPORT BEACH CA 92663 NEWPORT SEACH CA 92660 BAYVIEW COURT HOMEOWNERS ASSOC. BLUFFS H.O.COMMUNITY ASSOC. %VILLAGEWAY MANAGEMENT COMPANY LYNNE SHELTON JIM HORIAN C.M."CORK LEVINSON P.O.BOX 4708 P.O.BOX 8167 IRVINE CA 92616 NEWPORT BEACH CA 92858 BALBOA ISLAND BUSINESS ASSOC. - SIT JACK CALLAHAN,JR. P.O.BOX 64 BALBOA ISLAND CA 92662 BALBOA ISLAND IMPROVEMENT ASSOC. BEACON BAY COMMUNITY ASSOC. JACK CALLAHAN,JR. MILT BOWER P.O.BOX 64 70 BEACON BAY BALBOA ISLAND CA 926W NEWPORT BEACH CA 92660 BALBOA MERCHANT OWNERS ASSOCIATION BALBOA BUS.IMPROVEMENT DISTRICT GAY WASSELL-KELLY 409 E EDGEWATER BALBOA CA 92661 BALBOA PENINSULA POINT ASSOC. �[ TOM AHERN 1310 E.BALBOA BLVD BALBOA CA 9M1 BAY ISLAND CLUB,INC RON MERICKEL X 18 BAY ISLAND NEWPORT BEACH CA 92661 CANNERY VILLAGE ASSN. ]C BUIL PERSON 607 29TH ST A NEWPORT BEACH CA 92683 BAYSHORES COMMUNITY ASSOC. CANNERY VILLAGE MOBILE HOME PARK ASS[ THE EMMONS COMPANY THE EMMONS CO ATTN-. ?AM COTTER BUD MARTIN 17 3M REDHILL AVE 210 3355 VIA LIDA D IRVINE CA 92614 NEWPORT BEACH CA 92663 ti,09LS jol aleldtua;asn wiS10a4S PO4 410OWS Smooth Feed Sheetsym 0 0 . Use template for 51600 CENTRAL NEWPORT BEACH COMMUNITY ASSOC. DOVER SHORES COMMUNITY ASSOC. ToVILLAGEWAY MANAGEMENT COMPANY TOM HYANS HOLLY BULLOCK BYRON ROMIG 217 t 9TH ST PO BOX 4708 NEWPORT BEACH CA 92M IRVINE CA 92616 ;OC CHANNEL REEF COMMUNITY ASSOC. DR.MARJORIE BAUGHAN 2525 OCEAN BLVD CORONA DEL MAR CA 92625 COMMUNITY ASSOCIATIONS ALLIANCE PHILIP ARST PO BOX 319 CORONA DEL MAR CA 92625 rA CASTAWAYS HOMEO ERS ASSOC. %KEYST PA PROPERTY MGNT. CARRY LOV 16845 VON 2DD IRVINE CA 92 ■9,1, AVFRVov Addrocc I gbpfc. Laser r,10;00 Smooth Feed Sheetsrm Use template for 51600 NEWPORT BEACH TOWNHOUSES ASSOC. NEWPORT MOORING ASSN. GILL MANAGEMENT ALLYSON BOLIN JOYCE GILL SARAJANE TOWNDROW 2872 DEVOY PO BOX 1118 ANAHEIM CA 92904 NEWPORT BEACH CA 9M9 NEWPORT PIER ASSOC. RUSH HILL 115 22ND ST NEWPORT BEACH CA 92663 R NEWPORT TOWERS HOMEOWNERS ASSOC. KEVIN MC CRACKEN 3079 WARREN LN COSTA MESA CA 92626 NHARBOR AREA CHAMBER OF COMMERCE RICHARD LUEHRS wo JAMBOREE RD NEWPORT BEACH CA 92660 NORTH BLUFF BAYVIEW COMM.ASSOC. :O %CMC ASSOCIATION MANAGEMENT rO NORTH BLUFF BAYVIEW COMM SUE COOK 2492 WALNUT AVENUE 100 - TUSTIN CA 92780 I EWPOR ISLAND INC RPORATED M MILLER AN 3903 MAR AV NEWPORT BEACH CA 92663 �C 011 AVERY® Address Labets Laser 51600 Smooth feed Sheetsim Use template ror 510ow HARBOR ISLAND COMMUNITY ASSOC. LINDA ISLE COMMUNITY ASSOC. JOHN MARTIN MEW PEGGY LONG 32 HARBOR ISLAND 97 LINDA ISLE NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 LITTLE BALBOA ISLAND P.O.ASSOC. IN, STEVE BROMBERG 1506 PARK AVE BALBOA ISLAND CA 92662 MAI KAI COMMUNITY ASSOC. iR JOHN LONG 1325 BAYSIDF DR CORONA DEL MAR CA 92625 x MARINAPARK OWNERS ASSOCIATION .R 1308 SEYMOUR 1770 BALBOA BLVD W 9A NEWPORT BEACH CA 92663 :R LIDO ISLE COMMUNITY ASSOC. MARINERS MILE ASSOC. HUGH HELM STEPHEN SUTHERLAND 701 VIA LIDO SOU❑ 45M CAMPUS DR 650 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92660 LIDO MARINA VILLAGE %MARVN ENGINEERING - DONNALARSON MANAGER 3400 VIA OPORTO 104 NEWPORT BEACH CA 926W LIDO MOBILE HOME PARK ASSOCIATION NEWPORT SAY TOWERS DON FUNK LOUIS VON DYL 710 LIDO PARK OR 310 FERNANDO 410 NEWPORT BEACH CA 92653 NEWPORT BEACH CA 92661 LIDO PENINSULA COMPANY NEWPORT BEACH RESTAURANT ASSOCIATIO BRUCE HAMPTON DAVI❑SALISBURY 201 SHIPYARD WAY-CABIN 1 i7042 GILLETTE AVE NEWPORT BEACH CA 92663 IRVINE CA 92625 SIRA4VERYO Address Labets Laser 5160(D ITEM S20 NEWPORT COUNCIL March 27, 00 4fP0 •� TO: Members of the Newport Beach City Council. FROM: Dave Kiff,Deputy City Manager Patricia Temple,Planning Director SUBJECT: Resolution 2001-� Relating to the Citys intention to Submit and Certify a Local Coastal Program(LCP)for the City of Newport Beach RECOMMENDED Adopt Resolution 2001- relating to the City's intention to submit and certify a ACTION: Local.Coastal Program(LCP)for the City of Newport Beach. BACKGROUND: 1972s Proposition 20 established the California Coastal Commission. The Legislature later wrote and adopted the Coastal Act(Public Resources Code §30000 et seq.). The Commission plans for and regulates land and water uses in the coastal zone consistent with the policies of the Act. The Commission is one of two coastal management agencies that administer the federal Coastal Zone Management Act(CZMA)in California.CZMA gives the Commission regulatory control(federal consistency review authority)over all federally permitted activities(like oil and gas leasing,dredging,and sand replenishment). The Commission has this control over all areas of the State within the Coastal Zone except for the San Francisco Bay. The Coastal Zone is specifically mapped statewide(see Attachment B for a map of the Coastal Zone within Newport Beach)and extends from three miles at sea inland to a boundary that varies in depth from several hundred feet in highly urbanized areas up to 15 miles in rural areas with water bodies that extend inland. In certain undeveloped areas of Southern California where there can be considerable impact an coastal resources from inland development,the Coastal Zone extends to a maximum of 5 miles inland from the mean high tide line. The Commission's land use permitting role within the Coastal Zone applies to all private and public entities and covers virtually all coastal development; including any division of land,changes in intensity of uses of state waters,and public access to beaches. The Coastal Act directs the Commission to protect: •Public access and recreation; •Lower cost visitor accommodations ■Terrestrial and marine habitat; •Visual resources; e Agricultural lands; •Water quality;and more Newport Beach City.Council Page 2 ' The Commission consists of 12 voting members appointed by the Governor(4 appointments),the Senate Rules Committee(4),and the Speaker of the Assembly (4). Six commissioners are locally elected officials and six represent the public at large. The Commission has four non-voting members representing various State agencies with authority over coastal issues. Coastal Act Res onsibihties. All development within the coastal zone requires a Coastal Development Permit(CDP)issued either by the Commission or by a local government that has a Commission-certified Local Coastal Program(LCP). Each of the 15 counties and 58 cities located in whole or in part within the Coastal Zone is required to adopt an LCP: (a)Each local government lying,in whole or in part,within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction.... (b)Amendments to a local general plan for the purpose of developing a offtifred' Iocul coastal program shall not constitute an amendment of a general plan for purposes of Section 65358 of the Government Code. (c)The precise content of each local coastal program shall be determined by the local government... in full consultation with the commission and with full public participation. Public Resources Code Section 30 M The Commission reviews and"certifies"each completed LCP. An LCP includes a land use plan(LUP)which is the relevant portion of the local general plan or separate plan consistent with the General Plan. The second half of the LCP is the implementing actions plan OAP). The IAP includes maps,the zoning ordinances,zoning distract maps,and other legal instruments necessary to implement the land use plan. The Commission must review each certified LCP at least once every five years. After certification of an LCP,the Coastal Act delegates CDP authority to the local government. The Commission retains original permit jurisdiction over public trust lands like tidelands and has appellate authority over development approved by local government in specified geographic areas. An appealed CDP is stayed until the Commission acts on the appeal. LCPs can apply jurisdiction-wide or to segments of a community. Coastal Commission records produced late last year show that about 37 segments of the Coastal Zone,including the following in Orange County,do not have certified LCPs: •County of Orange-Balsa Chica •County of Orange-Santa Ana River •County of Orange-Santa Ana Heights •City of Seal Beach •City of Costa Mesa •City of Newport Beach •City of San Clemente The City of Newport Beach has a.certified LUP(first approved in May,1982„and updated and approved in January,1990),but we have never completed the Page 3 . implementing Actions Plan associated with our LCP. This is because of factors which have changed over the years,including: • A concern that LCP certification would increase project processing time due to appeals to the Commission; • Potential loss of the City Categorical Exclusion Order(CEO)which allows approximately 100 projects to proceed each year without the requirement of a CDP,and + Insufficient staff resources. In February 1999,Newport Beach sought and obtained a grant from the Coastal Commission to certify our LCP(see Resolution 99-8,Attachment Q. In the Grant Application that we submitted in 1999,we envisioned a$583,140 work program(see Attachment D)that would be conducted over a year and a half. We asked for$407,135 from the Commission's grant program to complete the work program. We were awarded about$150,D0D for the task. In June 1999,the City decided to reject the Commission's grant award and to return the revenue to the State. We did so for the following reasons: • The grant did not provide funding to allow the City to reconsider certain. . provisions of the existing LUP; • The grant appeared to require the City to limit private boating facilities;and • The grant appeared to require provision of 100%coastal access with limited sensitivity to existing residential areas. As the annexation of the Newport Coast and Santa.Ana Heights approaches, there are several reasons why the City should revisit this issue and again attempt to complete,submit,and certify its LCP. These include: •"Good government"(and the Legislature and the Coastal Commission) suggest(s)that the Newport Coast LCP- developed by the County and certified by the Commission in 1996-should be transferred to the City at some point after annexation. The City itself must be prepared to include the Newport Coast LCP into the City's own LCP at a future date. •Having our own LCP will enable area residents to process CDPs for structures within the Coastal Zone with the City rather than the Commission,saving area residents travel,time,and expense. •An LCP in Newport Beach will allowing the Commission to focus its efforts more on protecting water quality,habitat,and vital coastal protection measures rather than to address Newport Beach CDP projects one by one. •The Public Resources Code(§30500)directs that we adopt our own LCP. •Completing our LCP in a manner and time proximate to the City's General PIan Update process will make for a more effective,more timely LCP and General Plan. page 4 ` THIS AGENDA This Agenda Item asks the City Council to adopt a resolution(see.Attachment A) ITEM; stating the CounciPs formal intent to submit a final Local Coastal Program for certification by the Commission in as soon a time as practicable. It also asks for the Council's authorization to pursue any grant opportunities available to the City for the LCP's development and certification. ATTACHMENTS: Attachment A-Resolution 2W1 Attachment B-Map of the Coastal Zone in Newport Beach . Attachment C-Resolution 1999-8 Attachment D-Workplan for the 1999 Grant and LCP Certification Attachment A Page 5 Resolution 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE COMPLETION OF A LOCAL COASTAL PROGRAM (LCP) FOR NEWPORT BEACH WHEREAS,the Coastal Act(Public Resources Code section 30000 et seq) establishes the Coastal Zone and regulations for protecting coastal resources within the Zone;and WHEREAS, the Coastal Act directs all coastal municipalities to adopt Local Coastal Programs (LCPs) to guide the development,permitting, and coastal access associated with structures and activities within the Coastal Zone; and WHEREAS,the City of Newport Beach,one of 58 cities located along the coast of California is required by the Public Resources Code to adopt an LCP;and WHEREAS,in May 1982 and again in January 1990, the City of Newport Beach completed and adopted a portion of its LCP when it adopted a Land Use Plan for the coastal zone within the City's corporate boundaries;and WHEREAS, adoption of an LCP for Newport Beach would allow area residents and businesses to process coastal development permits through the City and its planning staff, saving such residents and businesses time,energy,and resources;and WHEREAS,adoption of an LCP for Newport Beach would allow the City to effectively administer the existing Newport Coast LCP at such time after annexation as the City is prepared to address the Newport Coast LCP's enforcement;now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby directs City staff to establish a public process and to complete the City's Local Coastal Program in a manner and time reasonable to area residents,City staff,and to the Coastal Commission;and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby authorizes City staff to pursue any and all available grant funding opportunities to assist the City in planning,outreach,and development costs associated with submitting and certifying an LCP for Newport Beach;and be it also 0 0 Page 6 RESOLVED by the City Council of the City of Newport Beach that it hereby directs City staff to submit this Resolution to the California Coastal Commission to inform the Commission of the Council's intention in this regard. ADOPTED this 27th day of March,2001. Garold Adams MAYOR ATTEST: LaVonne Harkless CITY CLERIC h 1 CAL L ZONE cilry or NEWPORT ]BEACH Lege Ild rLocal Coastal - rCity Boundary r ily(III •'- '�/ � po 10 �. ��- 11.:1,,,, �,,� •,,. .i � ter.. . 1 - `ice-- ,ry ��' :'I �,� �� ^��: 11:�� i ■�� ti��}.r�•:r `f� �- �`i,7�ri r rj r, r`� r►� � C l _l Attachment P RESOLUTION No.99- � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION TO FUND A WORK PROGRAM FOR THE CERT'IFCATION OF THE NEWPORT BEACH LOCAL COASTAL PROGRAM WHEREAS, the City of Newport Beach does not have a fully certified Local Coastal Program;and WHEREAS, the City of Newport Beach desires to complete a program leading to certification by the Coastal Commission of its Local Coastal Program; and WHEREAS, the City of Newport Beach has developed an application package setting forth a work program designed to provide for certification of its LCP;and WHEREAS, the City of Newport Beach desires to complete its Local Coastal Program and assume permit issuing authority pursuant to the provisions of the California Coastal Act;and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act,may provide planning and financial assistance for such a program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests the California Coastal Commission to provide financial and planning assistance, under the authority of the California Coastal Act,not to exceed the amount of$447,135_ This financial assistance is more fully described in the grant application and work program attached hereto,and made a part of this Resolution as if fully set forth. BE IT FURTHER RESOLVED that the City Manager of the City of Newport Beach is hereby authorized and empowered to execute for the City of Newport Beach all applications, contracts and agreements, and any subsequent amendments, to implement and carry out the purposes specified in this Resolution. ADOPTED this 8d'day of Fe�b_ rt�arY, 1999. At'2 MAYOR ATTEST: o`` �r CITY CLERIC " STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I,LAVONNE M.HARKLESS,City Clerk of the City of Newport Beach, California,do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-8, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council,duly and regularly held on the 8th day of February, 1999,and that the same was so passed and adopted by the following vote,to wit: Ayes: Adams,Glover,Thomson,Ridgeway,Noyes,Mayor O'Neil Noes: None Absent: Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9t�day of February, 1999. City Clerk of the City of Newport Beach,California (Seal) Attachment D CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM LOCAL IMPLEMENTATION PROGRAM WORK PROGRAM JANUARY, 1999 Goal: To complete the Local implementation Program to achieve certification of a Local Coastal Program for the City of Newport Beach, resulting in the transfer of coastal permit authority to the City. Objectives: ➢ To complete the program to certify the City of Newport Beach Local Coastal Program in a way which coordinates with ongoing planning activities in the Newport Beach Coastal Zone. ➢ To revise and re-certify the 1990 Newport Beach Local Coastal Program, Land Use Plan to reflect and incorporate recent planning activities in the Newport Beach Coastal Zone, including the Central Balboa Specific Plan and the Balboa Peninsula Revitalization Program. ➢ To assess the various coastal zone commercial districts to identify the unique roles of each district in its provision of services to coastal visitors and residents alike, and to consider adjustments to commercial district size and preferred land uses, including marine incentive use provisions, to promote the viability of each district. ➢ To incorporate into the Land Use PIan a Harbor Element (which may also be adopted as a General Plan Element). The purpose of this element is to comprehensively address issues, objectives,policies and regulations related to utilization of the harbor area.This element will identify how the use of the harbor is integrated with and supports public access, public commercial use,short and long-term water quality,and the provision of public services in the harbor area. ➢ To comprehensively assess the provision of coastal access, including physical access from both land and water, visual access to coastal resources, transportation planning (including public transit), and the provision of services to visitors. This objective is intended to provide the factual and policy basis to allow for certification of all areas of the Coastal Zane in Newport Beach, including those residential areas where direct physical access from land to water is not feasible due to existing subdivision patterns. ➢ To review the development standards provisions of the existing Categorical Exclusion (E-77- 5) for residential areas for possible adjustment prior to re-instatement. Newport Beach Local Implementation Program (',slut Application ]stnaary 29.1999 Page 1. i ➢ To develop administrative pernut procedures for existing categorical exclusion areas which are not eligible for reinstatement as exclusion areas. Anticipated Time-frame: Given the significant size of the program, and the need to coordinate coastal plan implementation activities with other studies and planning programs being undertaken, 18 months is required to complete the work outlined in this grant application. Approach: The City believes the most effective and efficient way to accomplish certification of its Local Coastal Program is through a combined use of consultants and City staff. Generally, it is anticipated that topic specific planning would be done by consultants, while ordinance preparation, public outreach, and coordination with Coastal Commission staff and other agencies should be done by City staff. While specific consultants have not yet been identified, the particular work areas where such assistance is needed are: ➢ Harbor Element ➢ Public Access Policies and Plan ➢ Transportation Planning, including land and water based public transportation ➢ Market Feasibility Analysis of coastal commercial districts ➢ Parking Management Work areas to be completed by City staff are: ➢ Project management and coordination with other agencies ➢ Clerical services and support ➢ Public outreach ➢ Preparation of changes to LCP,Land Use Plan ➢ Preparation of Ordinances, including overlay districts, administrative and permit procedures, revised commercial district designations, and physical and visual access requirements ➢ Preparation of revised LCP Maps in GIS format ➢ Staff reports and public hearings,Coastal Commission processing ➢ Implementation strategies for public transit and parking management Work Program: With the exception of Parking Management, consultants will need to be retained for the special topic studies. A. The Harbor Element will require assembling and assessing the various regulatory mechanisms the City uses in the harbor and beach areas. These are currently found in Newport Beach Local Implementation Program Grant ApplicWion January 29.1999 Page 2. various places of the City's General Plan, LCP Land Use Plan, Municipal Code and Council Policy. Additionally, a wide variety of City departments have regulatory responsibilities, including Planning, Building, Public Works, Fire & Marine and Administrative Services. There is currently little coordination of policy or regulatory activities. The scope of this project is to compile and review all relevant policy and regulatory components in this area, review for internal consistency, identify policy and regulatory gaps, and prepare a Harbor Element. Preparation of this element will require significant coordination with other agencies, including the U.S. Coast Guard, the County Sheriff(Harbor Patrol), and the Regional Water Quality Control Board.The City Council has already appointed a citizens committee to assist in the preparation of this element. Key areas requiring significant study are the level of commercial utilization of the harbor areas by private entities, the interface of harbor uses with upland activities, the effects of commercial activities on water quality, an assessment of what commercial uses are appropriate within the harbor, strategies to preserve and improve the environmental quality of the harbor, and the provision of public conveniences such as waste disposal, rest rooms and pump-out facilities. The anticipated cost of this component is$80,000. B. The Public Access Policies and Plan will be a later part of the program, with a goal of coordinating the public access strategy between upland land use regulation and the programs and policies of the Harbor Element. It will include a complete inventory of public access opportunities in the City.This component will also include an evaluation of where public access should be managed to preserve unique environmental resources,such as the Upper Newport Bay Ecological Reserve, the off-shore Marine Life Refuge, and bay or ocean beaches of a sensitive nature. The anticipated cost of this component is $50,000. C. The Transportation. Planning component will be conducted integrally with a comprehensive, City-wide transportation analysis. Short, mid and long-range circulation system capacity analysis will be conducted using the City's Transportation Analysis Model for all areas of the City, including the coastal zone. Recommendations for transportation improvements will be made, including those necessary to facilitate vehicular access in the Coastal Zone. Specific analysis and proposals will be requested on opportunities for land and water based public transit in the coastal area. The anticipated cost of this component is $150,000, with$75,000 attributable to the coastal transportation and circulation issues. D. The Market Feasibility Analysis component will assist the City and the Coastal Commission to understand the unique roles the many geographically diffuse commercial districts in the Newport Beach Coastal Zone play in serving visitors. Currently, most coastal zone business districts are experiencing deterioration stemming from high vacancy rates and seasonal uses. This deterioration makes the coastal commercial areas less attractive for use by visitors and residents alike. If these areas could become more focused in terms of viable uses and Sustainable size, improvement to visitor services could be achieved.This study would assist in refining the Land Use Plan.($60,000) Newport Beach Local implementation Program Grant Application January 29,1999 Page 3. E. The Parking Management Program is nearly complete as part of the Balboa Peninsula Revitalization Program. The City has committed $117,290 for consultant services to complete this study,with additional costs for internal staffing associated with the project. The work program of City staff is outlined below: A. Project Management and Coordination: Under the general oversight of the Assistant City Manager(4 hours per month- $6,225), the Planning Director will provide overall project management for the LCP Certification program. This includes management of consultants and staff, and coordination with Coastal Commission staff and other agencies. 10% of the Director's time will be allocated to the management of this project for the duration of the program. ($21,875) The Transportation and Development Services Manager will manage the transportation planning effort. ($11,250) The Fire & Marine Chief and the Deputy Chief for Marine Environmental Management will manage the Harbor Element project with the assistance of the Planning Director. ($1,500) B. Clerical service and support: Clerical support for this program will require 15%v of one secretarial position for the duration of the program. ($11,000) C. Public Outreach: Public outreach, including citizen steering committees and community meetings, will be the joint responsibility of the Assistant City Manager and the Planning Director. An average of 24 hours per month per position for a nine month period is required for this activity. ($33,900) Additionally, the Fire & Marine Chief and Deputy Chief for Marine Environmental Management will staff the steering committee for the Harbor Element at 6 hours per month each, for a period of 9 months.($9,100) D. Preparation of Changes to LCP, Land Use Plan: All LUP changes will be prepared by a Senior Planner in the Planning Department. This activity will require 25% of the Senior Planner's time for a period of 6 months. ($12,600) E. Categorical Exclusion provisions: Research and recommendations on potential changes to the residential development standards related to the categorical exclusions areas will require 80 Senior Planner hours, working with a study group already established by the Planning Commission to review residential development standards in Corona del Mar. ($3,900). F. Preparation of Ordinances: All ordinances will be prepared by a Senior Planner in the Planning Department. This activity will require 20% of the Senior Planner's time for the tad and 3rd quarter, with an increase to 75% during the 4#' quarter of the project. ($29,000) G. Preparation of Maps and Exhibits: All maps and exhibits will be prepared by an Associate Planner in the Planning Department. This activity will require 3 months of concentrated effort once all mapping requirements are identified.($22,500) Newport Beach Local Implementation Program Grant App}img- January 29.3999 pap 4. H. Implementation strategies: A strategy for implementation of public transit, public access and parking management programs is required. These strategies will include capital improvement requirements and identification of grant funding sources. In the area of public transit, the City would need to identify and successfully compete for Coastal Access Grants, Coastal Conservancy Grants, AQMD Grants (electric vehicles), and any other funds available from County, State or Federal programs. Public access implementation would include acquiring or improving easements, improvements to public docks, providing dinghy storage and launching areas, etc. Parking management implementation could include meter changes, shared use parking areas, establishment of bus layover areas, parking for commercial marinas, special enforcement programs, etc. Staff responsible for the development of implementation strategies are the City Engineer, the Deputy Chief for Marine Environmental Management, the Transportation and Development Services Manager, the Assistant City Manager and the Planning Director. ($10,000) 1. Staff reports and hearings, Coastal Commission processing: The formal review process will be the responsibility of the Senior Plattner (equivalent of 5 weeks) and Planning Director(equivalent of 4 weeks). Additional staffing requirements can also be anticipated for the City Manager, Assistant City Manager, Assistant to the City Manager, City Attorney, City Clerk, Fire and Marine Chief, and Public Works Director (estimated at 10 miscellaneous hours per person). ($28,000) Based upon this work program and the cost estimates above, the total cost of this certification program is $583,140, of which the City has already committed to fund $117,290 (Parking Management Plan)through other City resources. Key milestones: IS' Quarter,April through June, 1999 Circulate RFPs, select and retain consultants ➢ Initial staff meeting with. Coastal Commission staff to identify key issues and develop implementation format 2na and 3`d Quarters,July through December, 1999 ➢ Initial public outreach activities ➢ Coordination with other agencies ➢ Meetings with steering committees ➢ Completion of consultant reports ➢ Draft changes to Land Use PIan ➢ Development of initial formats for ordinances 0 Quarter:JanuM through March,.2000 A Preparation of implementation ordinances ➢ Preparation of maps and exhibits ➢ Preparation of implementation strategies for parking management and public transit Newport Beach Focal Implementation Program Grant Application January 29.1999 Page 5. 1 ➢ Public outreach 5'h Quarter= April through June.2000 ➢ Preparation of staff reports and public hearings before Planning Commission and City Council 6'h carter July through Se temper 200a ➢ Submittal to Coastal Commission for staff report and hearing ➢ Follow-up changes to implementation program and final certification Newport Beach Local implementation Program Grant Application Ianuury 29.19" Page G. Budget ls`Quarter, April through June 1999 ➢ Prepare and circulate RFPs,select and retain consultants $10,325 ➢ Meeting with Coastal Commission staff $800 ➢ Develop implementation format $33100 TOTAL 15t QUARTER: $14,225 2"d and Yd Quarters,July through December, 1999 ➢ Public outreach activities(includes Cat. Ex. Work) $31,680 ➢ Completion of consultant reports $265,000 ➢ Draft changes to Land Use Plan $12,600 ➢ Development of initial formats for ordinances $8,200 ➢ Administrative activities $20,330 TOTAL 2nd and 3`d QUARTERS: $337,810 4"'Quarter,January through March_, 2000 ➢ Preparation of implementation ordinances $20,800 ➢ Preparation of maps and exhibits $22,500 ➢ Preparation of implementation strategies $10,000 ➢ Public outreach $14,355 ➢ Administrative activities _ $9,080 TOTAL 4'QUARTER: $76,735 5'„ Quarter. April through June, 2000 9 Preparation of staff reports and public hearings $22,000 ➢ Administrative activities _ $9,080 TOTAL 5`h QUARTER: $31,080 e Quarter,July through September,2000 ➢ Submittal to Coastal Commission for staff report and hearing $4,000 A Fallow-up changes to implementation program and final certification $2, TOTAL 6"'QUARTER: $6,400 Local Matching Funds: Local matching funds are proposed to be comprised of the following: ➢ Funding of parking management study $117,290 ➢ Funding of I"Quarter work program $14,225 ➢ Funding of 6'h Quarter work program $6,000 ➢ Funding of administrative activities $38,490 TOTAL MATCHING FUNDS: $176,005 (30%) TOTAL GRANT REQUEST: $407,135 (70%) Newport Beach Local Implementation Program Gant Application lanuxy 29.1999 page J. i Proposed Harbor Element Related Existing City Policies .w Land Use Element C. Commercial, recreation or destination visitor serving facilities in and around the harbor shall he controlled and regulated to minimize traffic congestion and parking shortages, to ensure access to the water for residents and visitors, as well as maintain the high quality of life and the unique and beautiful residential areas that border the harbor. DISCUSSION Newport's bay and ocean beaches attract millions of visitors each year. The City's policies with respect to public access to, and use of, the beach,bay, and the visitor serving facilities nearby are regulated primarily by provisions in the Land Use Plan of the Local Coastal Program. The policies in this element are to be interpreted and. implemented in a manner consistent with the provisions of the Local Coastal Program. The residents of Newport Beach have, for many years, expressed concern about heavy summer weekend traffic, especially on Balboa Peninsula, and localized congestion in and around the more intensely developed waterfront areas such. as Lido Marina Village and Mariner's Mile. Traffic congestion and the absence of available parking makes it difficult for visitor and resident alike to access the beach and bay and enjoy the many activities along the waterfront. The City intends to insure that visitor serving facilities provide adequate off-street parking to accommodate their customers and clients and thereby insure as many parking spaces as possible will be available to the public. The City has also embarked upon a program to insure the highest quality of water in the bay and along our ocean beaches. Newport Harbor is heavily used by recreational boaters and this, combined with a rapid increase in commercial activities,has created both congestion within the Harbor and increased the potential for discharge of human waste directly into the bay. Efforts to minimize the potential for discharge of human waste into the Bay and to control commercial operations to insure a pleasant environment for visitors and residents must continue and intensify if the need arises. IMPLEMENTATION I. Residential and commercial structures (except piers and docks used exclusively for berthing of vessels) shall not be permitted to encroach beyond the bulkhead line. F j 2. The City shall maintain, to the maximum extent permitted by law, control over commercial activities conducted in the harbor to ensure, among other things,that such businesses provide adequate parking to accommodate their customers and clients and provide adequate marine sanitation facilities.W minimize pollution of the bay. Regulations shall extend to all businesses, whether or not operating from a fixed place of business. 3. The City shall establish restrictions on the number of persons permitted to live aboard vessels assigned to moorings installed over City tidelands. The City shall also consider the adoption of ordinances regulating or restricting the number of commercial activities conducted on the waters of Newport Bay if and when problems associated with such activity, such as parking, marine sanitation and noise adversely affect the quality of the marine environment. E. Provisions shall be made for the encouragement or development of suitable and adequate sites for commercial marine related facilities so as to continue the City's historical and maritime atmosphere, and the charm and character such businesses have traditionallyprovided the City. DISCUSSION The Land Use Plan of the City's Local Coastal Program contains the policies and implementation measures necessary and appropriate to maintain and develop coastal dependent and coastal related uses. The contents of this document should be interpreted in a manner consistent with the revisions of the Land Use Plan of the Local Coastal Program. The City has demonstrated its commitment to preserve and enhance the marine environment by adopting and implementing the Cannery Village,McFadden Square Specific Area Plan and the Mariner's Mile Specific Area Plan. IMPLEMENTATION 1. Continue to implement provisions of the Mariners' Mile and Cannery Village-McFadden Square Specific Area Plan. 2. Cooperate with property owners and other agencies relative to requests for designation of certain structures to be of historical significance. E Local Coastal Pro ram Land Use Plan Public Access In order to preserve and enhance the extensive public access which currently exists within Newport Beach, the following policies are adopted: 1. The City shall continue to maintain and operate all existing bay and ocean beaches. 2. The City shall maintain all existing public street ends and walkways. 3. All existing vista points on public property shall be protected and maintained. 4. Public access in coastal areas shall be maximized consistent with the protection of natural resources, public safety, and private property rights. 5. Lateral access shall be provided in new development by means ❑f dedication of easements for public access along the beach and bay shoreline except where adequate access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. This provision shall be required except in the following cases: repair and maintenance activities or replacement of structures destroyed by natural disaster. In addition, improvements to any structure or demolition and reconstruction of single_famiIy residences would be exempt from lateral access easements requirements unless floor areas, height and bulk is increased by more than 10% or such improvements interfere with currently existing public views, block a public accessway, or cause further encroachment of the structure seaward or toward the edge of the bluff (PRC 30212). Specifically, easements would be required: (1) Seaward of the toe of existing bluffs, or vegetation lines where new development is proposed on existing developed or undeveloped lots, and (2) Seaward of proposed new seawalls or other shoreline protective devices (consistent with Administrative Regulations Section 13242, California Coastal Commission Regulations, Title 14, California Administrative Code regarding repair and maintenance of seawalls). f. Vertical access from the nearest public roadway to the shoreline shall be provided in new development by means of dedication of easements except where adequate access exists nearby or where provision of access is inconsistent with public safety or the protection of fragile coastal resources. Protection of fragile coastal resources means that said resources shall not be degraded either from the development of accessways themselves or from increased use of specific shoreline areas. Criteria used to evaluate the need for additional accessways and the adequacy of existing accessways include consideration of locations for ac- cessways in areas which would be most heavily used in light of their proximity to major concentrations of users, while considering the need-W provide accessways at frequent intervals to avoid overuse at individual locations. Of equal importance is the need to avoid impacts to fragile coastal resources (bluffs, tidepools,etc.) and to utilize areas where support facilities can accommodate the accessway (available parking). Also, criteria include consideration of sites where the least amount of improvement would be required to make the access point usable, and accessways to remote sites (pocket beaches) where alternative access along the shoreline would not be available. 7. Policies 4, 5, and 6 shall be implemented in such a way that it takes into account the need to regulate the time, place, and manner of public access, depending upon such circumstances as: a. The capacity of the site to sustain use and at what intensity. b. The fragile resources of the area. C. The proximity to adjacent residential uses. d. The security of the upland and adjacent water uses. C. The need to provide for the collection of litter. Policies 4, 5 and 6 do not pertain to established, existing residential subdivisions where no sandy beach exists. S. The City shall maintain a comprehensive signing program of City coastal resources, including accessways, bicycle routes, public beaches, and vista points. 9. Development shall not interfere with prescriptive rights. Public Property Leaseholds I. In the leasing or releasing of publicly owned land, full consideration shall be given to the public's right of access to the ocean, beach, and bay and to the provision of coastal dependent uses adjacent to the water. 2. At the time the leases are negotiated or renewed, careful consideration shall be given to the consistency of the proposed use with the public interest. if a positive determination is made, the property shall be leased at fair market value, unless it is clearly in the public interest to do other wise. 3. All new leases and lease renewals of publicly owned land shall .lae considered by the City Council at a public hearing. 4. When tidelands leases are renegotiated, they shall be at full market value and the monies shall be segregated in a separate fund and shall be used for maintenance and related visitor generated services and acquisition of coastal properties to provide uses consistent with the Coastal Act, such as small boat launching facilities, acquisition of environmentally sensitive habitat areas, and other uses which may be consistent with the tidelands trust provisions. 5. Public access shall be required when the City issues new leases of public land, or renews existing leases. This requirement shall be understood to apply to beaches leased to the Lido Isle Association, as well as to all other public leaseholds in the City's Coastal Zone. Public access shall be required only where it would not jeopardize public health and safety. Environmentally Sensitive Habitat Areas and Unique Coastal Resources POLICIES The siting of new buildings and structures must be controlled and regulated to insure, to the extent practical, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. In order to preserve and protect sensitive coastal resources within Newport Beach, the following policies are adopted. Environmentally Sensitive Areas 1. Environmentally sensitive areas shall be preserved and protected. The following types of habitats shall be considered environmentally sensitive: a. Areas supporting species which are rare, endangered, of limited distribution, or otherwise sensitive b. Riparian areas c. Freshwater marshes d. Saltwater marshes e. Intertidal areas f. Other wetlands g. Unique or unusually diverse vegetative communities 2. Except as provided in the following policies, no structures will be allowed in any of the sensitive areas listed above. The Planning Commission and/or City Council will determine whether the site in question falls within any of these areas consistent with the purposes of the Local CoastQl Program and using information documented in the EIR. The mapping by the Department of Fish and Game will be used as a basis for the environmental studies. 3. Policies 1 and 2 above are not intended to prevent public agencies and private property owners from maintaining drainage courses and facilities, sedimentation basins, public infrastructure, and other related facilities in a safe and effective condition with minimal impact on the environment, nor are they intended to prohibit public infrastructure when the environmental process demonstrates that adverse impacts can be mitigated, or that the benefits outweigh the adverse impacts. 4. The City of Newport Beach shall continue to work with other agencies such as the City of Irvine, County of Orange, and California Department of Fish and Game to achieve a solution to sedimentation problems in upper Newport Bay, and shall aid in the implementation of measures designed to maintain the tidal currents within the bay. 5. The City will coordinate with the Department of Fish and Game in developing a management plan for the Upper Newport Bay Ecological Reserve for ultimate inclusion in the City's Local Coastal Program. 6. Public use of the Ecological Reserve shall be maintained to the extent it is consistent with the preservation of sensitive resources. Dredging,Diking and Filling in Open Coastal Waters, Wetlands, and Estuaries 1. Only the following types of developments and activities may be permitted in the parts of Newport Bay which are not within the State Ecological Reserve where there is no feasible less environmentally damaging alterna- tive, and where feasible mitigation measures have been provided to minimize adverse environmental effects: a. Construction or expansion of Port/marine facilities. b. Construction or expansion of coastal dependent industrial facili- ties, including commercial fishing facilities, haul—out boat yards, commercial ferry facilities. C. In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities, including slips, access ramps, piers, marinas, recreational boating, launching ramps, haul—out boat yards, and pleasure ferries. (Fishing docks and swimming and surfing beaches are permitted where they already exist in Lower Newport Bay). d. Maintenance of existing and restoration of previously dredged depths in navigational channels and turning basins associated with boat launching ramps, and for vessel berthing and mooring areas. The 1974 U.S. Army Corps of Engineers maps shall be used to establish existing Newport Bay depths. e. Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines. Z. New developments on the waterfront shall take into consideration existing usable water area for docking facilities. Residential and commercial structures (except piers and docks used exclusively for berthing of vessels) shall not be permitted to encroach beyond the bulkhead line. However, this policy shall not be construed to allow development which requires the filling of open coastal waters, wetlands or estuaries which would require mitigation for the loss of valuable habitat in order to place structures closer to the bulkhead line or create usable land areas. No bayward encroachment shall be permitted except where there is no feasible less environmentally damaging alternative and where mitigation is provided through payment of in—lieu fees to the Upper Newport Bay Mitigation Fund Administered by the City. 3. The City shall examine proposals for construction of anti-erosion structures, offshore breakwaters, or marinas, and regulate the design of such structures to harmonize with the natural appeaxance of the beach. 4. The following policy applies to the Upper Newport Bay Ecological Reserve: Dredging, diking, or filling will be permitted only if there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: a. Wetland restoration b. Nature study Dredging or construction designed to enhance the habitat values of environmentally, sensitive areas shall be allowed. 5. The following mitigation measures shall be required for dredging projects in addition to the requirements of Policy 5: a. Dredging and spoils disposal must be planned and carried out 40 avoid significant disruption to marine and wildlife habitats and water circulation. b. Maintenance dredging in Newport Bay snail be encouraged, and the material dredged shall be used to restore or replace natural sandy sloping beaches in order to retain the current profiles of Newport Bay. Maintenance dredging activity shall have the approval of the U.S. Army Corps of Engineers and shall meet ap- plicable Environmental Protection Agency standards. c. Dredged material not suitable for beach replenishment shall be disposed of at a designated EPA disposal site. d. Temporary dewatering of dredged spoils may be authorized within the Bay's drainage if adequate erosion controls are provided and the spoils are removed. A bond or a contractual arrangement shall be a precondition to dredging of the material, and final disposal of the dewatered material on the approved dump site shall be accomplished within the time period specified in the permit. e. Dredged spoils shall not be used to fill riparian areas, marshes, or natural canyons. f. Other mitigation measures may include opening areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. g. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable Iongshore current systems. 6. If the project involves diking or filling of a wetland, required minimum mitigation measures are the following: a. If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricts its use for open space purposes. The site shall be purchased before the dike or fill development may proceed. b. The applicant may, in some cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation would be appropriate if the applicant already owned filled, diked areas which themselves were. rZ environmentally sensitive habitat areas but would become so, if such areas were opened to tidal action or provided with other sources of surface water. c. However, if no appropriate sites under options a. and b. are available, the applicant shall pay an in^lieu fee of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value,or equivalent surface area. This third option would be allowed only if the applicant is unable to find a willing seller of a potential restoration site. The public agency may also face difficulties in acquiring appropriate sites even though it has the ability to condemn property. Thus, the in—lieu fee shall reflect the additional costs of acquisition, including litigation, as well as the cost of restoration. If the public agency's restoration project is not already approved by the City, the public agency may need to be a co_applicant for a permit to provide adequate assurance that Conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to issuance of the permit. In addition, such restoration must occur in the same general region (e.g., within the same estuary) where the fill occurred. 7. A preferred restoration program would remove fill from a formerly productive wetland or estuary which is now biologically unproductive dry land and would establish a tidal prism necessary to assure adequate flushing. Since restoration projects necessarily involve many uncertain- ties, restoration should precede the diking or filling project. At a minimum, the permit will be conditioned to assure that restoration will occur simultaneously with project construction. Restoration and management plans shall be submitted with the permit application. 8. In addition, any project which includes diking, filling or dredging of a wetland or estuary must maintain the functional capacity of the wetland or estuary. Functional capacity means the ability of the wetland or estuary to be self_sustaining and to maintain natural species diversity. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following: a. That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the longterm stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project. b. That the project does not harm or destroy a species or habitat thg is rare or endangered. c. That the project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary. d. That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem. 9. If new or expanded boating facilities are to be provided in Newport Beach, they shalt be developed in natural harbors, protected water areas, and in areas dredged from dry land. Entrance channels for new or expanded boating facilities may be permitted in wetlands, subject to all other requirements for development in wetlands discussed in BI, B3, B4, B5,and. B6 above. Water Quality The City has embarked upon a program to insure the highest quality of water in the bay and along our ocean beaches. Newport Harbor is heavily used by recreational boaters and this, combined with a rapid increase in commercial activities, has created both congestion within the Harbor and increased the potential for discharge of human waste directly into the bay. Efforts to minimize the potential for discharge of human waste into the bay and to control commercial operations to insure a pleasant environment for visitors and residents must continue and intensify if the need arises. 1. The City shall maintain, to the maximum extent permitted by law, control over commercial activities conducted in the harbor to ensure, among other things, that such businesses provide adequate marine sanitation facilities to minimize pollution of the bay. Regulations shall extend to all businesses, whether or nor operating from a fixed place of business. 2. The City shall establish restrictions on the number of persons permitted to live aboard vessels assigned to moorings installed over City tidelands. The City shall also consider the adoption of ordinances regulating or restricting the number of commercial activities conducted on the waters of Newport Bay if and when problems associated with such activity, such as parking, marine sanitation and noise adversely affect the quality of the marine environment. 3. The City shall continue to oppose the lease of offshore tracts to oil producers and prohibit the construction of new onshore oil facilities except as may be necessary in conjunction with the operation of the West Newport oil field. The City shall: . a. Continue to monitor the federal government's offshore oil leasing programs to insure the City and its citizens are fully aware of all proposed offshore activities which could adversely affect the coastal environment, including participation in the Local Government Coordination Program or other similar programs. b. Oppose and lobby against proposed lease sales off the coast of Orange County and elsewhere in the Southern California region which could adversely affect the environment or the economy of the City of Newport Beach and assist jurisdictions in other areas of the state which are opposed to offshore lease sale programs in their vicinity. Development of Coastal Bluff Sites The City of Newport Beach finds that the natural bluffs represent a significant scenic and environmental resource. In order to preserve these unique landforms, developments proposed for bluff areas shall be subject to the following regulations: 1. The following regulations apply to all building sites: a. Definition of Bluff. As used in this section, "bluff"is any landform having an average slope of 26.6 degrees (50%) or greater, with a vertical rise of 25 feet or greater. Where there is some question as to the applicability of this section to a specific landform, a determination as to whether or not the specific landform constitutes a bluff shall be made by the Planning Commission, consistent with the purposes of this regulation. b. Grading. Permitted development shall be designed to minimize the alteration of natural landforms along bluffs and cliffs. In areas of geologic hazard, the City shall not issue a building or grading permit until an applicant has signed a waiver of all claim against the public for future liability or damage resulting from permission to build. All such waivers shall be recorded with the county Recorder's Office. C. Geologic Report. To promote public safety, a geologic study shall be performed for each site to determine areas of potential instability. The bluff areas of potential hazard or instability shall be indicated on maps as part of any Planned Community development plan. d. Height of Structures. The height of structures shall be as described in the Newport Beach Municipal Code. 2. The following regulations apply to all tracts and subdivisions. If development is residential in nature, this policy will apply to development of 4 or more units. This policy shall also apply to commercial development. a. Setback Requirement. A bluff setback adequate to provide safe public access, taking into account bluff retreat and erosion, shall be provided in all new development. As a general guideline, the property line setback from the edge of a bluff should be no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. A greater setback distance shall be required where warranted by geological or groundwater conditions, but in no case shall a property line be closer than 40 feet to the edge of a bluff. In addition, no part of a proposed development shall be closer than 20 feet to the bluffside property line. This required building setback may be increased or decreased by the Planning Commis- sion in the review of a proposed site plan consistent with the purposes of this section. b. Public Views. The location and design of a proposed project shall take into account public view potential. C. Public Access and Dedication Requirements. The location and design of a proposed project shall maximize public access to the coastal bluff areas as follows: 1) Public access to coastal bluff areas shall be assured through design of the local street system and through the location of public trails and walkways adjacent to the bluffs. The City may require the dedication of right_of way, or the granting of easements. These may be improved or not improved at the option of the City Council. 2) Areas adjacent to coastal bluffs having significant view potential shall be designated for use as view parks or vista points consistent with parkland dedication requirements. 6 3) Land required to be dedicated for neighborhood parks, but which is intended to remain in an unimproved, natural state, should be located adjacent to the bluffs; any pgrtiQu of that land required to be dedicated for neighborhood parks which is intended to provide active recreational facilities may be located in the interior portions of the proposed development. 4) Bluff face areas need not be accepted by the City for any type of dedication. d. Subdivision Design. In preparing a development plan, natural bluff areas shall not be included in development areas as designated on the site plan. The design of any subdivision shall not include any bluff face or bluff edge as part of any residential lot or building site. C. Landscape Plans and Plant Material. For the purpose of regulating groundwater conditions, landscape plans for those areas immediately adjacent to the bluffs shall incorporate native vegetation or other drought resistant plant material. f Grading. Grading, cutting, and filling of natural bluff faces or bluff edges shall be prohibited in order to preserve the scenic value of bluff areas, except for the purpose of performing emergency repairs, or for the installation of erosion_preventive devices or other measures necessary to assure the stability of the bluffs. Hazard Areas. There are areas within the City of Newport Beach where the natural processes can pose a threat to the public health, safety, and welfare. These areas contain earthquake faults, existing or potential landslides, areas with expansive or collapsible soil, excessive settlement and subsidence, flood hazard areas, and areas subject to potential erosion and siltation. The following policies shall apply to all areas of potential natural hazard: 1. No structures shall be permitted in areas of potential geologic hazard, except as provided in Policy 2 below. 2. When the environmental process demonstrates that adverse impacts can be mitigated to an acceptable level, or that the benefits outweigh the adverse impacts, the Planning Commission may approve a development plan in an area of potential geologic hazard. r 3. Hydrologic analysis shall be required for all projects located within flood hazard areas. 4. Emergency Disaster Plan shall be periodically reviewed to insure adequate ability to respond to flooding and other natural disasters. Coastal Views I. Where coastal views from existing roadways exist, any development on private property within the sight lines from the roadway shall be sited and designed to maximize protection of the coastal view. This policy is not intended to prohibit development on any site, Coastal View Areas: a. Ocean Boulevard, Corona del Mar b. Eastbluff remnant C. Coast Highway near Jamboree d. Pacific Coast Highway Bridge e. Castaways from the bluff setback. f Constellation near Santiago g. Irvine between Santiago and University Drive h. Galaxy Park i. Ensign View Park j. Promontory Point East k. N Street 1. I4th Street beach M. 19th Street beach n. Promontory Bay at Harbor Island Drive o. Promontory Bay at Bayside Drive P. Cliff Drive Park q. Eastbluff Park r. Pacific Coast Highway Bridge S. Arches/Newport Boulevard Bridge t. Lido Island Bridge U. Entrance to Balboa Island V. Larson's Shipyard W. Inspiration Point Park X. Beach and bay street ends Y. Marinapark Z. King's Road View Park aa. Westcliff Park 2. The City shall preserve beaches, surf action, and coastal shoreline in a manner that will maintain their aesthetic and natural value. 5. Recreation & Open Space Element OBJECTIVE 3 - SHARED FACILITIES Maximize the use of the community's recreational resources by coordinating with the agencies responsible for non-city recreational facilities and open space. POLICY 3.2- UPPER NEWPORT BAY RESERVE: Coordinate with the California Department of Fish and Game (DFG) to ensure preservation of Upper Newport Bay Ecological Reserve and continue provision of public access consistent with preservation goals. IMPLEMENTATION.- Action - Continue liaison and coordination agreements with the Department of Fish and Game concerning preservation of the Upper Newport Bay Ecological Reserve. Continue implementation of intra-agency watershed preservation agreements. Responsible Departments -Community Services and Public Works. Schedule—Ongoing POLICY 3.3- NEWPORT BAY WATERSHED PLAN: Ensure adequate coordination with appropriate agencies to implement the Newport Bay Stormwater Sedimentation Control Plan. IMPLEMENTATION: Action - Provide adequate staffing to continue appropriate coordination. Implement Control PIan as approved and adopted. Responsible Department-Community Services, Planning,Public Works. Schedule- Ongoing. OBJECTIVE 4 - MARINE RECREATION Provide and encourage a level of marine recreation related facilities and maintenance that enhances the enjoyment of the City's natural resources by the community and its visitors. POLICY 4A - EXISTING MARINE FACILITIES: Continue to utilize existing City marine recreational facilities, including piers, docks, bays, beaches and educational and support facilities such as the intercollegiate rowing facilities, marine ways and services, ti Iaunching facilities, gas and pumpout stations, parking facilities, restrooms, showers, drinking fountains, and concessions. IMPLEMENTATION- Action -Adopt Recreation and Open Space Element and Plan. Responsible Department- Community Services and Planning. Schedule-Ongoing. POLICY 4.2 - NEW MARINE FACILITIES: Provide additional marine recreational, educational and support facilities and opportunities (listed below) as feasible: • Public boat launching facilities • Marine sanitation facilities • Guest slips • Restrooms • Showers ■ Drinking fountains • Junior Lifeguard Facilities IMPLEMENTATION: Action - Adopt Recreation and Open Space Element and Plan. Prepare Capital improvements Budget and development schedule. Responsible Department-Community Services. Schedule - Begin preparation of Capital Improvements Budget and_development schedule within one year of adoption of Recreation and Open Space Element and Plan. Update Capital improvements Budget annually. POLICY 4.3 - SLIPS MOORINGS AND ANCHORAGES: Encourage the provision of guest slips, moorings, and anchorages in Newport Harbor. Coordinate work with the Orange County Harbor, Beaches, and Parks Department to provide such facilities where appropriate and feasible. IMPLEMENTA TION: Action- Provide professional staffing to continue effective coordination. Responsible Department-Community Services, Fire and Marine. Schedule- Ongoing. POLICY 4.4 - SMALL BOAT LAUNCHING: Maximize opportunities for the launching and short-term beaching of small boats. IMPLEMENTATION: Action - Continue to permit hand boat launching at all safe street ends and beaches in lower Newport Bay. Continue to permit short-term beaching of small boats in designated areas. Responsible Department-Community Services,Fire and Marine. Schedule-Ongoing. POLICY 4.5 -MARINE SAFETY: Provide for marine safety such as lifeguards, harbor patrol, police, traffic and parking enforcement in accordance with the City's Safety Element. IMPLEMENTATION: Action -Implement City's Safety Element. Responsible Department-Fire and Marine. Schedule-Ongoing. OBJECTIVE S -- COASTAL ACCESS Provide and maintain public access to the City's coastal resources in accordance with the City's Local Coastal Program. Ensure that provision of access is consistent with the protection of natural resources, public safety and private property rights. POLICY 5.1 - ACCESS PRESERVATION AND ACQUISITION: Maintain existing public access to the beach and bay and acquire additional public access points to the beach as identified in the City's Local Coastal Program. Ensure that full consideration be given to the public's right of access to the ocean, beach and bay and to the provision of coastal dependent uses adjacent to the water when evaluating the leasing out of public land. IMPLEMENTATION: Action -Implement Local Coastal Program. Responsible Department - Community Services, Planning, Fire and Marine, Public Works. Schedule- Ongoing. a s OBJECTIVE 6 - SCENIC VISTAS AND RESO UR CES Maintain and enhance the scenic character of the City. POLICY 6.2 - COASTAL VIEWS: Protect and enhance existing view opportunities, especially public views of the ocean, harbor, and upper bay, in accordance with the Local Coastal Program (LCP). IMPLEMENrATioN. Action - Adopt Recreation and Open Space Element and Plan. Where coastal views from existing roadways exist, as identified in the City's Local Coastal Program, regulate development on property within the sight lines from the roadway so that such development is sited and designed to maximize protection of the coastal view. This policy is not intended to prohibit development on any site. Responsible Department- Community Services, Planning. Schedule - Ongoing. FOF PlRNH1 S 11I 1 [E1 C: A1. 110Rtil :1 ...° :, 0 \gyp o dr Governor's t )t f is e of Plal-ininQ and Research o ,� [ St,itc ` .1traring��1 use r� OF CALIFOP I (;raN Davis Mc\t\ Niss>'n [;M IN ktirJIt NMI.( !()R July 15,2001 PLANNING LD PARTNIENT CITY D;: Patrick J.Alford AM JUL 0 L001 City of Newport Beach >P IM 3300 Newport Boulevard �I$��l`�i l�I}�'I�I�J�l�1516 P.O.Box 1768 Newport Beach,CA 92658-8915 Subject: Harbor and Bay Element SCH#: 2001031075 Dear Patrick J.Alford: The enclosed comment(s)on your Negative Declaration was(were)received by the State Clearinghouse after the end of the state review period,which closed on April 16,2001. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However,we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project, Please contact the State Clearinghouse at(916)445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project,please refer too the ten-digit State Clearinghouse number(2001031075)when contacting this office. Sincerely, Terry Roberts Senior Planner,State Clearinghouse Enclosures cc: Resources Agency I-100'I I N1'11 .SFRI'1:1 1'.E I. 1,1 rl ;044 S.V RANI I.N'1[], {;-1I I170RNIA 95h12 it)44 916-14 -0613 F. X 916 'i Pl 11111.[11'ft.[:1.C;[11 (:I i MNG110( SI..f1 I'MI. STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS,Govem DEPARTMENT OF TRANSPORTATION ❑ISTRI T 12 3347 Michelson Drive Suite 100 # hold'e,CA-92612-0661 " -.-...-.... -- .... -—I,',, . i U(e' April 18th, 2001 Patrick J. Alford File: w f IGRICEQRJ City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.O. Box 1768 Newport Beach , CA 92685-9815 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative Declaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan_ The proposed Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Caltrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: • All of the elements of a General Plan, whether mandatory or optional, must be consistent with one another. • The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. • The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. • The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. April 18, 2001 • Page 2 • Adequate mobility and choice for the Transportation of people and goods. • Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caitrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. if you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincere y, Robert F. ,lose h, hief Advanced Planning Branch cc: Terry Roberts, OPR Ron Helgeson, HDQRTRS Planning Roger Kao, Hydraulics CITY OF N E W YORT EAC 14 ,304 ewport Boulevard Newport Beach,CA 92758-8915 (949)644-3200 Cl"SY ❑c �-�;!1vf'] ? NOTICE OF DETERMINATION [� 'JuL o b lm PM Sly n '1 �} To: From: City of NewpoJent each Office of Planning and Research Planning Depa 1400 Tenth Street,Room 121 3300 Newport Boulevard Sacramento,CA 95814 Newport Beach,CA 92758-8915 (Orange County) ❑ County Clerk,County of Orange 'r Public Services Division P.O. Box 238 Date received for filing at OPR: Santa Ana,CA 92702 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Name of Project: Harbor and Bay Element of the City of Newport Beach General Plan State Clearinghouse Number: City Contact Person. Telephone No.: SCH 92001031075 Patrick J. Alford.Senior Planner (949)644-3235 Project Location: Citywide Project Description: The project consists of a General Plan Amendment to adapt a new optional element of the General Plan. The proposed Harbor and Bay Elementgd essing uses of the water and waterfront property in Newport Bay and Har 4ple a pisions of the Land Use and the Recreation and Open Space Elements. ` C��4><Recas�er This is to advise that the City of Newport Beach, Planning Com soon, has a r a u described project on luxe 7, 200land has made the following determinations regarding the a escribed project: I. The City is © Lead Agency ❑ Responsible Agency for the project. 2. The project Cl will ©will not have a significant effect on the environment. 3. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CFQA. 4. Q A Negative Declaration was prepared for this project pursuant to the provisions of CFQA. 5. Mitigation measures 13 were 0 were not trade a condition of the approval of the project. 6. A Statement of Overriding Considerations ❑ was 0 was not adopted for this project. 7. Findings Q were C3 were not made pursuant to the provisions of CFQA. The final EIR or Negative Declaration and record of project approval is available for review at the Planning Department of the City of Newport Beach,3300 Newport Blvd.,Newport Beach,California 92658-8915,(949)644-3200. .Tune t 7 2001 Patrick J. Alford, Senior Planner Date .� CALIFORNS DEPARTMENT OF FISH A GAME CERT ICATE OF FEE EXEMPTMN De Minimis_Impact Finding Project Title/Location include coup Harbor and Bay Element of the City of Newport Beach General Plan/Citywide,Newport Beach, Orange County, California. Project Description: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Findin s of Exem #ion attach as necessary): Pursuant to §711.4 of the Fish and Game Code, the proposed project, is exempt from the required fees as it has been determined that no adverse impact to fish and wildlife resources will result from this project. The Initial Study/Mitigated Negative Declaration (ISIMND) for the project was prepared and fully evaluated the potential environmental impacts resulting from the proposed project. The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Patrick J. Alford, Senior Planner Lead Agency: City of Newport Beach_ - Date: June 17, 2001 J � RECEIVED BY TTTUS PLANNING DEPARTMENT 1012 WEST BAY AvsNUE CITY nC -`Jh.A'!vnP T REACH NEWPORT BEACH, CALIFORNIA 92661-1015 (949) 673-0050 COPY AM 2061 PM 7(8(9E�� 1 ��EII��3�4��16 May 15, 2001 Patrick J. Alford, Senior Planner Planning Department Community and Economic Development City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658-8915 Dear Mr. Alford: Thank you for making available the November 15, 2000 draft report of the General Plan Harbor and Bay Element, together with the list of the Harbor Committee, and with this letter I am presenting my comments which essentially are two: (1) Safety on the Water, and(2) Waterfront Property. Safety on the Water I believe the draft report fails to adequately emphasize safety on the water. The City continues to sponsor water dependent recreational and educational programs and supports various organized water recreational uses by organizations such as the Sea Scout Base, collegiate rowing clubs, sailing clubs, etc. Most such organizations are aware of water Rules of the Road that specify rights of way and teach these rules as part of their programs, but many small private boat owners who bring their boat to the bay on a trailer have limited knowledge of the Rules of the Road. The report seems to assume all water related activities will safely coexist with passenger/sightseeing boats that tour the harbor, apparently with no limitation on either the size or the number of passenger/sightseeing.Moats. Absent some sort of restrictions on the number and size of these vessels, it appears to me the City is just asking for serious life-threatening accidents. Many of the party/tour boats are so large they need to stop,and then back down on one engine and go ahead on the other engine in order to change course while cruising in the restricted confines of the bay. To expect these immense party/tour boats to safely use the same water as swimmers, kayakers, 8' sailing sabots, etc., is just asking for trouble,trouble which may prove to be very expensive to the City. Patrick J. Alford May 15, 2041 Page 2 Is it not possible to have some control over where and when these large party/tour boats navigate while in the bay? For example, a sightseeing boat so large and un-maneuverable as needing to first stop dead in the water and then use its engines to twist it about in order to alter its course, could be limited to traversing the main channel. Perhaps the City should post signs informing the public that use of the main channel is at their own risk and peril. Obviously I think these monsters have no place cruising in the hay, as contrasted with leaving the bay for an ocean cruise, or returning to an assigned berth after an ocean cruise. (The ocean front boardwalk prohibits skateboards,presumably for safety.) Waterfront Property Clearly the overwhelming amount of waterfront property is devoted to year-round private residential use, but the Harbor and Bay Element draft appears to deem such property owners almost second-class citizens. In looking at the members of the Harbor Committee I see virtually no representation for private residents. (I know Seymour Beek resides on the bay,but suggest his membership on the committee reflects his family's interest in the commercial ferry operation). Do any committee members remember the bay before it was dredged? Do any committee members remember Balboa as an open city with gaming on Main Street? Perhaps some committee members vaguely remember the Rendezvous Ballroom. The city continues to undergo changes but essentially from a strictly summer resort community in the 1930's and early 1940's to its present full-time residential community. I fail to see that the Harbor and Bay Element gives this obvious change sufficient weight in their deliberations. Sincerely, 1 � Stephen Titus 0 0 13 May,2001 Comments on Harbor EIement of General PIan Page# I of _ r�n�cn cu PLANNING DEPARTMENT FILE GiTY ❑!: NFv4pn ; 2 EACH Ilk 1 112001 AM Ply The City Council of Newport Beach18�91�41I�1�� l�i � As a member of the community, I applaud the activies of the city to preserve and encourage the preservation of the unique aspects of our precious harbor and our quality of life. Those of us that moved to the Harbor area did so out of love of the Newport charm and the balance of community and the nature present in the Harbor. This is of particular interest of those of us who that live in and around the Upper Newport Bay. In support of our community,I have the following comments relating to the Harbor Element of the General Plan. The italic texts are excerpts from the proposed City of Newport Beach General Plan, Harbor and Bay Element. The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certifed LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. The scope of the Harbor Element The scope of the Harbor Element is stated as bayward from the bulkhead. The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that Portion of the Harbor hayward of the bulkhead or the line ofinean high tide. However, there are statements in the policies that extend its jurisdiction to the land, even to the extent of granting increases in density and traffic. It is not clear how this extension in jurisdiction becomes compatible with the General Plan. I have also not found any distinction as to when a land-based project would fall under the Harbor Element. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. 9(949)399-6500 R,(949)399-6506 0 0 13 May,2001 Comments on Harbor Element of General Plan Page#2 of 4 Diverse Uses Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: In the list of diverse uses, I did not observe two uses that I observe and have found to be unique on the California Coastline. These include: 1. Facilities for families: Along the coast,there are facilities for activies at the surf. This is a difficult and potentially dangerous environment for small children. I suggest that the family activies on the calm upper Newport Bay be included in the scope of protections that we should afford the public. 2. Campers and Retired people: Along the coast there are few locations for camping. More specifically camping in a quiet and protected location on the calm of a bay. I am not aware of any other comparable locations in Southern California. One proposed project would substantially reduce the facilities, change the character from a bay setting to a complex and place a 24-hour service road through the facility. This would have irreparable impact on this unique site. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing ,facilities, and organized recreational boating launch facilities. Age and income diversity: Additional considerations might be included in the goal of diversity. With some care we can avoid driving senior members of the community from their homes. It would also be ideal if our children could find locations near the bay that include moderate cost housing. Commercial Activities 1 Noise Newport Harbor and the surrounding communities are home to thousands of residents. The water carries sound without the benefit of the attenuation common on land. The Upper Newport Bay is bowl shaped such that it exposes larger numbers of the public to noise. Water-dependent and water-related commercial activities such as passengerlsightseeing boats,passenger-fishing boats, boat rentals and sales, entertainment boats, boatlship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. There are numerous examples of activities on the water and,that are disruptive,and inconstant with agreements and local ordinances. The serious examples are frequent and repetitive disruptions common to restaurants, bars, entertainment boats, outdoor music, concerts and meeting facilities. In spite of the rhetoric, enforcement is weak or non-existent. The agencies responsible for enforcement have not been forthright in their assistance of affected residents. Allowance for further encouragement of such uses has a high potential to further degrade the quality of life of existing residential waterfront communities. 9 (949)399-65001(949)399-6506 0 0 13 May,2001 Comments on Harbor Element of General Plan Page#3 of 4 Views: The following section protects views. Missing from this section is the location that provides most people views of the bay. This is the coast highway view of the backbay. 4. Waterfront public recreation and education areas and facilities such as beaches,piers, view parks and nautical museums and related public areas providing access to, and views of, Newport Harbor. There is a single reference to communities in the harbor that is last on the list. It would be worthwhile to consider the residents that pay high taxes, are active and vote. ... The following are some of the uses that contribute to the diversity and charm of Newport Bay and should he preserved and enhanced where possible: ... 5. Waterfront residential communities. Power to grant incentives Waivers have been mentioned 12 times, in 6 paragraphs. Voters reinforced the concept that quality of life is important. It is not clear to me what characteristics would trigger such incentives and at who's discretion. Clearly the proposed incentives are located on the land side of the bulkhead. How do these incentives relate to other sections of the General Plan? 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. Provide development incentives such as density bonuses,parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and redeveloped useslprojects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. Implementation Strategies Identify and define the unique water-dependent characteristics of marine support uses and establish speck land use and design standards and incentives for retention and enhancement of these uses while respectingproperty rights. Land use incentives may include a density bonus, waiver ofparking requirements and reduced rent for waterside facilities. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses,floor area waivers,fee waivers,parking waivers and other incentives. HB-2.I,4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. T 9 (949)399-6500 I=(949)399-6506 ' 13 Ma ,2003 Comments on Harbor Element of General Plan Page#4 of 4 y g Noise: There are regular concerns raised by residents about on-the-water activities. Frequently the volume is at the discretion of disk jockey or a rock band. At the review meeting,a resident reinforced the contention that the activities are poorly regulated and disruptive to residents. A commitment (and implementation) needs to be made to contain these disruptions. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. Activity Center of Newport? The following statement encourages the development of a center for major events. The panel offered no specifics and even verbally stated doubt about a suitable site. The description of a major site is disturbing considering the investment necessary to make a center suited for major events. Major events can create a major disturbance and a center suited for Major events is designed to have frequent events.The combination of major and frequent events, particularly on-the-water or reflecting in a howl is likely to create a perpetual disturbance the residents. HB-2.1.2: Encourage development ofa single major waterfront public pedestrian space and related water access and docking that serves as the identity and activity "center"of Newport Harbor or ma jor s ecial events o cammuni Ire ional interest. The Environmentally Sensitive Upper Newport Bay: The Upper Newport Bay is a treasure. Many of the Newport Beach residents wish to protect the natural environment from commercialization. Many views from the Upper Newport bay are now overshadowed by a car lot that glows in the dark. We appreciate efforts to protect the remaining views,peace and darkness of the Bay. HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor Newport Beach is unique in the world. Protecting the unique characteristics of Newport is a worthwhile cause. Throughout the world communities are taking note of their treasures. i would like to thank the city for its efforts. Yours Truly 2(949)399-6500 Ri(949)399-6506 ta�`wj CITY OF NEWPORT BEACH t PLANNING DEPARTMENT g3oo NEWPORT,BOULEVARD M[Emor21]I11dFLI[nni NEWPORT BEACH,CA 92658 (949)644-32oa;FAX(949)644-3250 TO: Planning Commission FROM: Planning Department DATE: May 3,2401 SUBJECT: Proposed Harbor and Bay Element Attached is a copy of the proposed Harbor and Bay Element of the General Plan. The public hearing for this project will be held on May 17, 2001. This document is being distributed at this time so the Planning Commission will have additional time to review it. The staff report will be delivered next week. If you have any questions, please call me at (949) 644-3235 or e-mail to palford a1city.newport-beach.ca.us. 1 0 0 ARDEU INVESTMENT COMPANY 2077 WEST COAST HIGHWAY POST OFFICE SOX 1715 NEWPORT BEACH,CAUFORN(A 92659 (949}642.1626 March 20,2001 Mr. Tony Melum, Director Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: General Plan Harbor and Bay Element Dear Mr. Melum: - Thank you for the opportunity to reply to your letter of March 6,2001 which included a copy of the General Plan Harbor and Bay Element. Ardell Investment Company is the owner of a property with 700 feet of lineal frontage on Newport Bay. Our principal concern after reviewing the Harbor and Bay Element is the economic viability of properties which are not developed to their highest and hest use at this time. It appears that many of the existing water-related commercial uses in the Harbor which are advocated in the document do not generate sufficient revenues to justify such uses on valuable bayfront parcels. We would hope that land use regulations applicable to waterfront property will continue to allow uses that can generate sufficient income to justify development. The current limited zoning along Mariners' Mite is a deterent to quality development. Land uses should be expanded beyond the narrow water-dependent and water-related uses included in the Harbor and Bay Element. Property Owners must be allowed viable economic use of their property if quality development is to occur on the bay,especially in the Mariners' Mile area. Maintaining and enhancing the charm and character of the Harbor as suggested are laudable goals; however,quality development on the bay will not occur if there is undue emphasis on water dependant and water related uses. Thank you. Sincerely, D.T. Daniels Vice President From: Campbell, James Sent: Tuesday, March 20, 2001 4:34 PM To: Alford, Patrick Subject: FW: Mariner's Waterfront/Harbor & Bay Element ------Original message----- From: Keenan Smith rmailto:keenan@citylightsdesign.comj Sent: Tuesday, March 20, 2001 1:31 PM To: Norma Glover; Sharon Wood Cc: Jim Campbell; Lee Anne Kirby; Tal Jackson Subject: Mariner's Waterfront/Harbor & Bay Element Norma, Sharon, et al. . . I spent a few moments in the last couple of days reviewing the proposed "Harbor and Bay Element" which Mark Murrell distributed at our last Mariner' s Mile Business Owner's Association meeting on March 14. My reaction is that it is a good piece of comprehensive planning work, focusing on policies which preserve, enhance and promote efficient operations on one of Newport's most obvious assets. In thinking about the goals, policies and implementation suggestions of the Harbor and Bay Element vis-a-vis our work on Mariner's Mile, the following connections, thoughts and recommendations come to mind: 1. Support Passage and Approval. --------------------------------- The approval of the Harbor and Bay Element allows it to "take the lead" in establishing, strengthening and supporting policies co-comminant with our strategic objective of promoting a vibrant public waterfront on Mariner's Mile. It makes it a little easier for us. 2. Coordinate Efforts. ----------------------- We should look for areas of policy co-alignment and implementation strategies which can mutally reinforce the Mariner's Mile Waterfront and Harbor/Bay Element objectives. I think there are many of these■ such as: pedestrian walkways and connections, incentives to protect water-dependent, water--related and water-enhanced uses, establishing guidelines to preserve the marine character of the waterfront, etc. 3. Re-visit the Waterfront Strategies of the Mariner's Mile Strategic Vision. --------------------------------------------------------------------------- if the Harbor and Bay Element is successfully initiated, we may wish to re-visit our concepts and ideas in appropriate sections of the the Strategic Vision and Design Framework with an eye to coordinating and cross-referencing the two documents, and reinforcing strategies for the waterfront along Mariner's Mile. 4. Mariner's Waterfront: Demonstration Project. ------------------------------------------------ Taking one step further, would it make sense at some point to build on the potential momentum created by the Harbor and Bay Element by perhaps initiating a "Mariner's Waterfront Concept Plan" which proposes implementation of some the key concepts and applicable ideas? We have said all along that the waterfront on Mariner's Mile is it's most important but best hidden asset. Maybe the time has come (or is close at hand) for moving some of our ideas forward, underwritten, propelled and reinforced by the policies of the impending Harbor and Bay Element. 5. A Larger Vision. -------------------- In summary, I think the proposed Harbor and Bay Element is worthy both for its motives and contentf and holds obvious implications and perhaps even promise for the overall strategic objectives we've been working on for the waterfront on Mariner's Mile. After "The Village," I'm thinking "The Waterfront" may be "the next piece" we work on implementing. "The Waterfront" would connect to (and reinforce) the sense ❑f place we are trying to create in "The Village." Taken together, a comprehensive and coordinated plan for both the "Village" and "Waterfront" would create a backbone for positive redevelopment and set the stage for a potentially incredible tranformation of Mariner's Mile. Comments invited. thanks, Keenan --------------------------- City Lights Design Alliance P.O. Box 1166 Dripping Springs, Texas 78620 tel/fax 512-264-3031 Weber Plywood & Lumber Co., Inc. March 21, 2001 Tony Melum, Director Harbor Resources Division City of Newport_Beach P.D. Box 1768 Newport Beach, CA 926588-8915 Dear Mr. Melum: I am in receipt of your letter of March 6, 2001 regarding the General Plan Harbor and Bay Element I have read it thoroughly and all I can say is that it all sounds good until we get to the bottom line. My concern here is you can't do all these things without hiring a lot of people and having to pay for them. So, my question becomes how are you going to implement the revenue and in what areas, from whom, why, when and how many people are you going to have t mploy to do all these things—that's Me bottom fine. l certainly would like a ply to these questions. I am an owner and have a boat slip in front of my ho but I'm not just concemed with that, I'm concemed with the whole area. I w ld appreciate hearing.torn you. Best reg , n er 7 7 L o Park Dr. No rt Beach, CA 92663 15501 Mosher Street •Tustin, CA 92780 •(714) 259-1100 •So. CA(800) 432-7300 • FAX (714) 259-W54 Department of Toxic Substances Control Edwin F. Lowry, Director • ' 5796 Corporate Avenue Winston H. Hickox Cypress, California 96630 Gray Davis Agency Secretary Governor California Environmental Protection Agency March 28, 2001 RECEIVED BY PLANNING DEPARTMENT CITY 0 N,Fvlpr�� . �AC;�1 AH 0 J 2601 Mr. Patrick J. Alford AhI PM7i$19i10il1112,112,314,516 Senior Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT- 2001031075 Dear Mr. Alford: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1} The N❑ needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. The energy challenge facing California is real. Every Califomian needs to fake immediate action to reduce energy consumption. For a fist of simple ways you can reduce demand and cut your energy costs,see our Web-site at wwvv.disc.ca.gov. ® Printed on Recycled Paper Mr. Patrick J. Alford March 28, 2001 Page Two 5) The N❑ indicates the presence of 14 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study should be conducted to provide basic information for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and faculty members attending the schools. 6) if during construction of the project, soil contamination is suspected, stop construction} in the area and appropriate Health and Safety procedures should be implemented. if it is determined that contaminated soil exists, the N❑ should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714)484-5479. Sincerely, Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse 1 400 Tenth Street Sacramento, California 95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 •STATE OF CALIFORMA-THE RESOURCES AGOY � GRAY DAVIS Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 oceangate,Suite 1000 RECEIVED BY Long Beach,CA 90802-4302 (562)590-5071 PLANNING DEPARTMENT CITY OF NEWPORT ERAA ll3, 2001 Patrick J. Alford Senior �� AN 1 b 2601 �� Seniorr Planner City of Newport Beach Planning Departmentff�i��IiGi�l�lili� 3300 Newport Boulevard--P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Harbor and Bay Element City of Newport Beach General Plan Amendment SCH #2001031075 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay Element of the City's General Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment will affect the City's certified Land Use Plan (LUP). Based on our review of the proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP (as will be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review. Certified Land Use Plan JLkLPJ The Harbor and Bay Element states that the document is "not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program." In addition, the Initial Study checklist identifies "no significant impact" in response to question IX (b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in the Newport Harbor area. Not only does the document discuss land use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged lands, etc.) that would be retained even if the City were to achieve LCP certification in the future. As such, we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. if not structured to be consistent with the certified LUP and the policies of the Coastal Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the policies of the LUP and Coastal Act will take precedence during review of a project in the Newport Harbor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review Is required, Therefore, it is feasible that an applicant may believe that since their project meets the policy intent of the City's Harbor and Bay Element, that Commission approval is a "given." To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be incorporated into the document that outlines the Coastal Commission's coastal development permit (CDP) process for applicants. Land Uses When discussing the diversity of land uses (page 3), the Harbor and Bay Element identifies "water dependent"uses as the highest priority, "water related"uses as the second priority and "wafer enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities." Page 2of4 As defined in Section 30101, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at all"and "coastal- related development"means any use that is "dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent nor coastal-related. PaNng Waivers and Other Incentives The document repeatedly refers to the use of"parking waivers." Section 30252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking to serve the demand it creates. By waiving parking requirements, a deficiency may be created which would adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed (i.e. through in lieu fees to construct a shared parking garage). The proposed document also refers to density bonuses, transfer of development rights and floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate visitor-serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and Bay Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideiand Leases The Harbor and Bay Element addresses the "use of long term tideland leases rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed "long-term"tideland leases differ from the current system? Would the use of a long-term program be consistent with the City`s tidelands grant statutes (Assembly Bill No. 1422, 1978)? Vessel Berthing and Storage The proposed document discusses the encouragement of guest dock capacity throughout the City (page 7). it appears that some of these are private facilities (ex. yacht clubs) and some public (ex. City facilities). Commission staff would encourage the expansion of public facilities wherever possible. The allowance of"live-aboarde is also discussed in this section of the document. What type of off- street parking requirement would be applied for this type of use? Are these currently allowed under City ordinances and how is the use regulated? The section also discusses the continued authorization of "piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy sand others throughout the Harbor and Bay Element) allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. The proposed GP amendment should include policies that require private residential development and associated docks to be designed so as not to adversely affect public access or recreation. For example, private docks crossing public land (seaward of the MHTL) obstruct lateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance public access wherever possible. Specifically, the pier and clock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of fill of coastal waters, etc.) t Page 3 of 4 Dredging Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing. Commercial-Development The proposed Harbor and Bay Element addresses the redevelopment of existing commercial areas. The provision of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of "public access detours" through areas developed with marine safes and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of these activities in order to allow unobstructed public access, thereby minimizing or avoiding conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the loss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way. Water Quality While we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Visual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of "new orrenovated bulkhead permits." The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures. Section 30233 of the Coastal Act limits fill to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply... The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, if the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land lost through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). Page 4 of 4 Administration The proposed GP amendment discusses the creation of a "reference document"that would assist applicants understand and comply with "all Harbor and Bay regulatory and permitting processes_" Until the City obtains a certified LCP, coastal development permits will be required from the Coastal Commission. Consequently, it is important to outline the Commission's CDP process as part of any reference document. Sensitive Natural Resources Beach nourishment and dredging are discussed on page 18. However, there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of"comprehensive program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City`s Harbor and Bay Element. If you have any questions:, feet free to call me at (562) 590-5071. Sincerely, Anne L. Kramer Coastal Program Analyst CC' State Clearinghouse File STATE OF CALIFORNIA 0 � GRAY DWS,Governor CALIFORNIA STATE LANDS COMMISSION PAUL D.THAYER,Executive Officer 100 Howe Avenue, S0e 100-South (sift)574-180D FAX(916)574-1810 Sacramento, CA 95825-8202 Calffibmia Relay Service From'DO Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916)574-0234 Contact FAX. (916)574-1955 April 16, 2001 File Ref: G09-02 Ms. Nadell Gayou The Resources Agency 1020 9th Street, 3rd Floor RECEIVED BY Sacramento, CA 95814 PLANNING DEPARTMENT CITY QP NEWPn€a f PEACH Mr. Patrick J. Alford, Senior Planner AP14 I b 2001 City of Newport Beach AM PM 3300 Newport Beach --P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr. Afford: Staff of the California State Lands Commission (CSLC) has reviewed the Negative Declaration (ND) for the proposed General Plan Amendment to adopt a new optional element of the General Plan, SCH #2001031075. According to the information provided, the proposed Harbor and Bay Element addresses Uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Based on our review of the materials provided, we offer the following comments. Under the California Environmental Quality Act (CEQA), the City of Newport Beach is the Lead Agency and the CSLC is a Responsible and/or Trustee Agency for any and all projects that could directly or indirectly affect sovereign lands. their accompanying Public Trust resources or uses, and the public easement in navigable waters. The Proposed Harbor and Bay Element area includes: • Sovereign lands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; • Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of Ms. Nader Gayou Mr. Patrick J. Alford April 16, 2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign lands were granted hack to the CSLC and leased (PRC 5091) to the California Department of Fish and Game (CDFG) for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal HB-1 #5 "Waterfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide line, nearly all of those lands involved are likely to be subject to the Public Trust Doctrine and the granting statutes. Objective HB-1.2, Implementation Strategies, #5, states "Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats, and structures on tidelands." The granting statutes (referenced above) state that the City may grant leases on tidelands not exceeding 50 years. General practice of the CSLC is to grant leases not exceeding 10 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy HB-1.3.6, would "Allow `live-aboards' subject to restrictions on the number of`live-aboards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal." What are the details of such restrictions? How many live-aboards are there crow? Residential use of Public Trust lands is allowed only to {provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard. We appreciate the opportunity to comment. if you have any questions or comments concerning the CSLC's jurisdiction, please contact Jennifer Reischman, Public Land Management Specialist, at (916) 574-0234. incerely, V , Dwig Unof Sanders, Chief DivisEnvironmental Planning And gement cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman 0 0 0 THOMAS B. MATHEWS County of'orange piRT:CraR 300 N. PI.UWf R ST- 0 Y Planning & Development Services Department SANfA ANA, CALIFORNIA 41p()V6� MAILING AIIDR SS: P.O- BOX 4049 SANTA ANA, CA 92702_4043 NCL 0 1-24 April 17, 2001 Patrick J. Alford, Senior Planner City of Newport Beach Rtr` }V�a � PLANNING D:.PARTIU'{ENT Planning Department CITY ❑F E A C H 3300 Newport Boulevard P.O. Box 1768 A ': 0 'Zi;C1 Newport Beach, CA 92658-8915 AM PSI 71819 110 11111 12 11 213141516 SUBJECT: Negative Declaration for the Harbor and Bay Element Dear Mr. Alford: The above referenced item is a Negative Declaration (ND) for the City of Newport Beach. The proposed citywide project is a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The County of Orange has reviewed the ND and offers the following comments regarding open space and recreation. A. The proposed element should acknowledge provision and operation of County Harbor Patrol service which includes, but is not limited to, boating assistance and emergency assistance both in Newport Harbor and the high seas. B. The County of Orange owns significant tidelands in Newport Harbor. Examples consist of both water and land including Harbor Patrol headquarters, Bayside Drive Beach and Newport Dunes Aquatic Park, and most of the outer perimeter of Harbor Island. The proposed element should also acknowledge this information within the proposed element. Thank you for the opportunity to respond to the ND. If you have any questions, please contact me or feel free to call Charlotte Harryman directly. Charlotte may be reached at(714) 834-2522. Ve R, truly yours, CA�—&A� George Blffflon, Manager Environmental and Project Project Planning Services Division CH STATE OF CAUFORNIA---BUSINESS ARANSPORTATION AGENCY GRAY OAWS,Govern DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Irvine,CA.92612-0661 April 18th, 2001 Patrick J. Alford File: IGR/CEQA City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.O. Box 1768 Newport Beach , CA 92685-9815 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative Declaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Caltrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: • All of the elements of a General Plan, whether mandatory or optional, must be consistent with one another. • The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. • The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. • The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. April 18, 2001 Page 2 ■ Adequate mobility and choke for the Transportation of people and goods. Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caltrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincere y, l f`f Robert F. Josehh, hrief l� Advanced Planning Branch cc: Terry Roberts, QPR Ron Heigeson, HDQRTRS Planning Roger Kao, Hydraulics L RECEIVED EV PLANNING DEPARTMENT CITY Op ti� �f,'rarq - :AuL'1 AN 2 i 2Gti1 PM Mr. Alford, AM ,� ?18t9110111112i1A3��s�3� I have two concerns about the Harbor and Bay Element of th# proposed General Plan. The first is noise. At your meeting it was inferred that there is already an element in the general plan that controls noise. It is not working! In our area there are two major offenders. The first is the Balboa Bay Club. 4n Friday and Saturday nights, especially in the summer they have outdoor parties with bands that play so loud that outdoor living at any home on Via Lido Nord is impossible. I have complained verbally and in writing to the Bay Club and to the police. Nothing changes, The second is the increasing number of large party boats on the bay, especially the Hornblower group. I understand the need for public access to the bay and know that there is a ten o'clock curfew, but there are more of these boats every year and the noise level before ten would be unacceptable on any residential street in Newport. Why is it tolerated for those of us who live on or near the bay? My other concern is water pollution. At your meeting I suggested dye tablets as occurs in Avalon. The inference from those who responded was that it was impractical and unenforceable. I disagree. How about a trial run? First a large publicity campaign stating that the tablets would be placed at random, that violators would receive large fines and be banished from the bay for twelve months. A phone number could be included for the public to call and report violators. Then put two to three hundred tablets in boats at random and see what happens. Incidentally, the legality of fines and banishment has been successfully tested in court by the city of Avalon. I will look, forward to your future meetings and will hope that your efforts will enable us to avoid destroying the bay in the name of publii. :terho s. SintFritz 662 Via Lid❑ Nord Newport Beach, Ca. 949-673-0926 DAMES E . MUNROE RECEtV�DBY PLANNING DEPART-ACM CITY OF Nam' May 5,2001 AM City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658-8915 Attention: Mr Patrick J Alford Senior Planner Subject: Harbor and Bay Element Please consider the following additions to the 11/15/00 test discussed at the:open hearing on 4/11/01. The suggested changes would bring consideration to the residential requirements of the water-related uses. Page 3 Groal HB-1 paragraphs 5. Waterfront residential communities (add) "including water-dependent and water-related and water-cnbanced uses of beaches and piers." Page 8 Objective paragraph 3 Facilitate necessary periodic dredging for safe navigahiiity and access to marinas, (add)"facilities and residences," Page 22 definitions Water Dependent Use boatyards,yacht/sailing/boating/fishing clubs,(add)"residences". Adding this terminology would give consideration to residential uses equivalent to that given the commercial uses. Sincerely, James E.Munroe 1810 SOUTH SAY FRONT - BALBOA ISLAND • 92662 PHONE: 949 673-6497 - BAg: 949 6763-4021 STA-I F OF CALIFORNIA vOffice cat Planning and Research � Governor's s g State Clearinghouse Grav Davis Steve Nissen J C:OVERNOR DIRECTOR April 17,2001 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT EEACH Patrick J.Alford APR � 20GI City of Newport Beach Aft PM 3300 Newport Boulevard 71$i9�l0 i11 IIIl �41$� F.Q.Box 1768 Newport Beach,CA 92658-8915 Subject: Harbor and Bay Element SCH#: 2001031075 Dear Patrick J.Afford- The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your docUmnent. The review period closed on April 16,20.01,and the comments from the responding agency(ies)is(are)enclosed. If this comment package is not in order,please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond Promptly. Please note that Section 211 D4(c)of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by Specific documentation,, These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments,we recortrtnend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please coact the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Roberts Senior Planner,State Clearinghouse Enclosures cc: Resources Agency 1400 i'£,grf11 S]H1 ! I V-1). BOX 3044 SACRAME TO,CALIFORNIA 95812-3044 916-445-o6vi ].V� 916-72;-1018 WWW.OPR.CA.COV/CLEARINGIIOUSL,.HTML Document Details Report State Clearinghouse Data Sass SCHO 20010310755 Project Tltie Harbor and Bay Element (read Agency Newport Beach,City of Type Nag Negative Declaration Description An amendment to add a Harbor Element to the General Plan, Lead Agency Contact Name Patrick J.Alford Agency City of Newport Beach Phone 949 644-3200 Fax emafl Address 3300 Newport Boulevard P.C.Box 1768 City Newport Beach State CA Zip 92658�8915 Project Location County Change City Newport Beach Region Cross Streets SR 1 and SR 55 Parcelft. numerous Township 7S Range 10W Section 26 ease Se Proximity to: Highways SR 1,SR 55,SR 73 Airports John Wayne Railways Waterways Newport Bay Schools various Land Use Various Project Issues Air Quality;Archaeologio-Historic;Coastal Zone; Geologic/Seismlc;Noise;Sewer Capacity;Wildiife; Toxic/Hazardous;Water Quality;Wetland/Riparian;Flood Plain/Flooding;Sch00%(Universities Reviewing Resources Agency;Department of Boating and Watarways.California Coastal Commission; Agencies Department of Conservation;Department of Fish and Game,Region 5;Office of Historic Preservation; Department of Parks and Recreation;Caltrans,District 12;regional Water Quality Control Board, Region 8:Department of Toxic Substances Control;Native American Heritage Commission;State Lands Commission Date Received 0311012001 Start of Review 03/16/2001 End of Review 04/16/2001 Note: Blanks in data fields result from insufficient information provided by lead agency. Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Winston H. Hickox Cypress, California 90630 Gray Davis Agency Secretary Governor California Environmental Proteotion Agency March 28, 2001 „ RECOVEU Y APR - Z-ml (Mr. PatrickJ. Alford _11PQl�o l . MATE PtEkIIt16H0)1D�F Senior Planner } � _ Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658•-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT- 2001031075 Dear Mr. Afford: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND)for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1} The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2' The ND needs tc /dent;f.- any known or potentially contaminated site within the J proposed Project area. For all identified sites, the N❑ needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage,transport, generation and disposal of toxic and hazardous waste/materials. The energy challenge facing catifi mia is rest. Every Californian needs to farce imnredlate action to reduce energy consumption. Fora list of simple hays you can reduce demand and cut your energy costs,see ow Web-site at www.dtsc.c-a.gov. 0 Printed on Recycled Paper Mr. Patrick J. Alford March 28, 2001 Page Two 5) The ND indicates the presence of 94 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study should be conducted to provide basic information for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and #acuity members attending the schools. fi) if during construction of the project, soli contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented, if it is determined that contaminated soil exists, the ND should . identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DISC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714)484-5479. Sincerely, Haissam Y. Sail❑um, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, California-95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 STATE OF IFORKIA-THE RESOURCES A Y GRAY DAVIS,Go►reMor CALIFORNIA COASTAL COMMISSION :.south coast Area Offim1 '200 Ocearegate,Suite 1000 �}� Long Beach,CA sOM-4302(W2)5D"071 , Petrick J. Alford ��'�� Aprd1 13, 2101 Senior Planner ♦;--. �� City of Newport Beach ` Planning Department 33DO Newport Boulevard—P.O. Box 1768 APR 2001 Newport Beach, CA 9255&8915 RE: Harbor and Bay Element STAB LEAF 9HD SE City of Newport Beach General Plan Amendment SCH#2001031075 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay Element of the City's Get-wal Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment will affect the City's certified Land Use Plan(LUP). Based on our review of the proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP(as*11 be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review. _Qelfid_LaDd Use Plan ILUP) The Harbor and Bay Element states that the document is "not Wended to supplant or modify the Land Use Plan of the City's Local Coastal Program." In addition,the Initial Study checklist identifies "no significant impact" in response to question IX(b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in the Newport Harbor area. Not only does the document discuss land use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged lands, etc.)that would be retained even if the City were to achieve LCP certification in the future. As such, we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. If.not structured to be consistent with the certified LUP and the policies of the Coastal Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the policies of the LUP and Coasrai Aci milli take precedence during review of a project in the Newport Harbor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review is required. Therefore, It is feasible that an applicant may believe that since their project meets the policy intent of the City's Harbor and Bay Element,that Commission approval is a"given." To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be Incorporated into the document that outlines the Coastal Commission's coastal development permit (CDP) process for applicants. Land Uses When discussing the diversity of land uses (page 3), the Harbor and Bay Element identifies "water dependent"uses as the highest priority, "water related"uses as the second priority and "water enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities." Page 2of4 As defined in Section 30101, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at air and "coastal- related development"means any use that is "dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent npr coastal-related. Parkins Waivers and Other incentives The document repeatedly r - ors to the Use of"parking waivers." Section 30252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking.�p serve the demand it creates. By waiving parking requirements, a deficiency may be created which would adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed(i.e. through in lieu fees to construct a shared parking garage). The proposed-document also--refers to density bonuses;transfer-of development rights-arid-floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate viiitor serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and Bay Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideland Leases The Harbor and Bay ement addresses the "use of long term tideland leases'rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed"long-term"tideland leases differ from the current system? Would the use of a long-term program be consistent with the City's tidelands grant statutes (Assembly Bill No. 1422, 1978)? Vessel Berthing and Storage TFe proposed document discusses the encouragement of guest dock capacity throughout the City (page 7)• It appears that some of these are private facilities (ex. yacht clubs) and some public(ex. City facilities). Commission staff would encourage the expansion of =mac facilities wherever possible. The allowance of`live-aboa_ rds" is also discussed in this section of the document_What type pf oif street parking iegiairement would be applied for this type of arse? Are these currently allowed ,inder City ordinances ah� Oeu w is the Lice I,e-gulated? The section also discusses the continued authorization of piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy (and others throughout the Harbor and Bay Element)allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. The proposed GP amendment should include policies that require private residential development and associated-docks to be designed so as not to adversely affect public access or recreation. For example, private docks crossing public land (seaward of the MHTL) obstruct lateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance public access wherever possible. Specifically, the - pier and dock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of fill of coastal waters, etc.) Page 3 of 4 Dredging Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor-wide maintenance dredging hermits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing. Commercial Development The proposed Harbor aR Bay Element addresses the redevelopment of existing commercial areas. The provision* of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of `public access detours"through areas developed with marine sales and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of these activities in order to allow unobstructed public access, thereby minimizing or avoiding Conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the toss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way. Water Quality i e we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Usual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of anew or renovated bulkhead permits." The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures, Section 30233 of the Coastai Act limits fili to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part; Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply— The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, If the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land lost through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). ■ Page 4 of 4 Administration e proposed GP amendment discusses the creation of a reference document"that would assist applicants understand and comply with "afl Harbor and Bay regulatory and permitting processes.'° Until the City obtains a certified LCP, coastal development permits will be required from the Coastal Commission, Consequently, it is important to outline the Commission's COP process as part of any reference document. Sensitive Natural Resources each nounsttment and dredging are discussed on page 18. However,there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of"comprehensive program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City's Harbor and Bay Element. If you have any questions, feel free to call me at(562) 594- O-71-.- - Sincerely, Anne L. Kramer Coastal Program Analyst CC. State Clearinghouse File APR-16-01 MON 01:38 PH CA STA6I ANDS COMM-DEPM FAX NO, 9168741j5 01 STAVE OF QA.LIFORNIA GRAY DAMS,Governor CALIFORNIA STATE LANDS COMMISSION PAUL D.'THAYER,Executive Officer 100 Howe Avenue, Suite 100-South (916)574-IWD FAX(918�57e-1810 Sacramento,CA 95525-8202 carr'rowa Relay Berme gram TDD Phone 1.400 735-2322 fmm Voiw fto 7-860-73S 2923 Y Contact Phone: (91 S)574-0234 ID AL' Contact Fax• (916)6r4-1s66 �11 C April 16,2001 File Ref: G09-02 Ms. Nadell Gayou The Resources Agency 1020 3th Street, 3rd it-loor REC 'DIVED Sacramento, CA 95814 Mr. Patrick J. Alford, Senior Planner APR.1 6 2001 City of Newport Beach 3300 Newport Beach-- P.O. Box 1768 STATE CLEARING14 E Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr. Alford: Staff of the California State Lands Commission (CSLC) has reviewed the Negative Declaration (ND)for the proposed General Plan Amendment to adopt a now optional element of the General Plan, SCH#2001031076. According to the information provided, the proposed Harbor and gay Element addresses uses of the water and waterfnanf property in Newport Bay and Harbor and supplements provIslvns of the Land Use and the Recreation and Open Space Elements_ Based on our review of the mater€aIs provided, we offer the following eomments_ Under the Caflfvmia Environmental Quality Act(CEOA), the City of Newport Beach is the Lead Agoncy and the CSLC is a Responsible andfor Trustee Agency for any and ail projecAs ihai could directly or indirectt'y affect sovereign lands, their accompanying Public Trust resources or uses, and the public easement in navigable waters. The Proposed Harbor and Bay Element area includes., • Sovereign lands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; • Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of APR-16-01 MON 01.38 PM CA STA i LANDS COMM-DFPM FAX NO. 918574 JW P, 02 Ms. Nadell Gayou Mr_ Patrick J.Alibrd April 16,2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign (ands were granted back to the CSLC and leased (PRC 5091)to the California Department of Fish and Game (CDFG)for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal H13-1 #6-Wateirfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide line, nearly all of those lands involved are likely to be subject:to the PUbiic Trust Doctdne and the granting statutes. Objective HB-1.2, implementation Strategies,#5, states Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats, and structures on tidelands."The granting statutes (referenced above) state that the 04 may grant leases on tidelands not exceeding 50 years. General practice of the CSI-C is to grant leases not exceeding 10 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy H&1.3.6, would "Allow'live-aboards' subject to restrictions on the number of`liv"boards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive nolse and illegal waste disposal."What are the details of such restrictions? How many live-aboards are there now? Residential use of Public Trust lands is allowed only to provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard_ We appreciate the opportunity to comment. If you have any questions or comments concernirig the CSLC's jurisdiciion, please contact Vennifer Reischman, Public Land Management Specialist, at(916) 574-0234. Sincerely, s Dwigh E_ anders, Chief Divisio nvironmental Planning And Management cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman Authorized to r61isls Advertisements of all kindsint;uding public notices by Decree of the Superior Court of Orange County, California. Number A-6214, Scpicrnber 29, 1961,and A-24831 June 11, 1963. PROOF OF PUBLICATION FILE COPS STATE OF CALIFORNIA) ss. County of Orange CITY OF The Harbor and Bay NOTICE IS HEREBY ! am a Citizen of the•United States and a NEWPORT BEACH Element is a new op- FURTHER GIVEN that NOTICE OF tional element of the said public hearing will I resident of the County aforesaid; am over PUBLIC HEARING General Flan. The Har- be held on the 11M. day bor and Bay Element of may, 2M, at the the age of.eighteen years and not a party to General Plan contained' goals, poll- hour of s:so p.m.In the T Amendment No. or interested in the below entitled matter. 1 GPA 2000-t162 C, dies, Programs to ad fir Chambers of the J dress uses of the wafer Newport Beach City {PA2001-050 and waterfront property Hall, 3300 Newport Bou- a rr� a principal a l clerk of the N E�l�l PO RT NOTICE IS HEREBY in Newport Say and Har- levard, Newport Beach, P P GIVEN that the Planning bor and supplements Califorrtia, at whEch time Commission of the Cittyy provisions of the Land and place any and all BEACH-COSTA MESA DAILY PILOT, a of Newport Beach will Use and the Recreation persons interested may hold a public hearing on and Open Spada Els- appear and be, heard newspaper of general circulation, printed and the application of Cary of merits of the Generai thereon- If you challenge 1 Newport Beach for Plan and the Local this project in court. you published '€n the City Costa [YieSa, Cot7t� General Plan Coastal Program Land may be limited to raising Amendment [GPA) Use Plan, only,=6 Issues.-you or of- Orange State of California and that �000�x Copies of the a Issues. at attached Notice is a true and complete Copy 'a and proposed Harbor and the public this de- Bay Element ay Element,are avail- scribed in this rrofiae able at ifw Planning de- ar in written cor- as was printed and published on the parfine a City of New. rosi��at,odpr;o port Beach, Now. to the.C' port Boulevard, Newport the public hearing. For following dates: Beach, California, Information calk t9$9J 92658-015, t949] 644-3200. 644-3235. The proposed StaV*ft Kiser. Seore- Harbor and Say Element tart, Alarmr� Oom- may also be viewed at rriisslon, CstY of Newport the City of Newport Beach Beach web site at Published Newport www.city.newport- Beach-Costa Wlesa beach.ca.us under .the flatly pilot May 5.M1 "Irdormation & News." Sa49Q NOTICE IS HEREBY FURTHER GIVEN that a Negative declaration has been prepared by the City of Newport Beach in Lronnectl6n May 5, 2001 with the appilcation noted above. The Negative declaration states that, the subject development will not re- suft in a s'rgnn>ticant effect on the environment. It Is the present intention of, the City to accept the Negative declaration and supporting docu- ments. This is not to be i declare, under anal ofperjury, that the construed as either ap- P penalty Cityyalof°the denial ct the ap- foregoing is true and correct. pllcation. The City. encourages members of the general public to re- view. and comment on Executed on May 5 2001 this documentation. at Costa Mesa, California. Signature Authorized t0i'?ubtish Advertisements of all kinds including public notices by Occree of the Superior Court or orange County, California. ]`lumber A•5214, September 29, 1961,and A-24831 June 11, 1963, PROOF OF PUBLICATION FILE STATE OF CALIFORNIA) } SS. PUBLIC NOTICE County ❑ Orange CITY OF- NEWPORT BEACH PUBLIC NOTICE:OF 1 am a Citizen of the.United States and a NEGPOSED ATIVE N resident of the Countyaforesaid; I am over DECLARATION Harbor and Bay Elethe age of.eighteen years, and not a party to A draft NeegeaCme Dec- iaration has tbryeen or interests in the below entitled matter. I � � y the CA of Ian- am a principal clerk of the NEWPORT pr Die the BEACH-COSTA MESA DAILY PILOT, a SUB.➢ OT: The project t consists of a General newspaper of general circulation printed and Plan Amendment to adopt a now optional published in the City,of Costa Mesa, County Rem T,Pme iiene�ral of orange, State of California, and that dry ea�1 attached Notice is a true and complete copy ,e�i��«t BaY and Harbor and supplements as was printed and published on the provisions of the Land llse and the Recreation following dates. and Open Space Ele- ments. LOCATION: Citywide. SETTING: The City of Newport Beach is a community of 72=0 lo- cated on the central coast of Orange County. The City rovers 36 square miles, Including apraximateiy 22 square p mi of tapper and Lower Newport Bay. March 17. 2001 APPLICANT: City of Newport Beach REVIEW PERIOD: March 19, 2001 to.Apd[ ie, 2001_ This recommended finding that the project All not have a significant effect on the environ- ment is based on an in- itial study. The draft Negative Declaration, Initial Study, and sup- ppoorting documents may be reviewed, or pur- chasedI declare, under penalty of perjury, that the p ��,:$� ce foregoing is true and correct. of the 330Manning .�rt- ment, 330Q Newport Boulevard, Newport Beach, CA 9265B. For information, contact Pa- trick Atford at (949) Executed on March 17 2001 644-3235. Written com- , ments regarding the at Costa Mesa, California. adequacy of this Draft Negative Declaration must be received by the Planning IIepartment at the above address by APRI 18, 2001. A fi environmental report in- __441k_ corporating public input VAR than be prepared for consideration by de- Signature cisfon-making author- ltles. Published Newport Beach-Costa Mesa Daily Pilot March 17, 2001, Sa479 Notice f .-P`ublic Meeting Authorized to Publish Advertisements of all kinds including public notic Newport Qom] Decree of the Superior Court of Orange County, Califarnia. Number A- City of port Beach 5eprrmber 39, 11,.a unn11, 1963. PROOF OEAPLy LICATiOI�[ '01 PR Harbor -and Bay Element �y OFF-«}_ { 7-S'_ f `vi_Li The Harbor and Bay Element is a new optional STATET�ftAffbkMX) element of the General Plan.The Harbor and.Bay } S S. Element contains'goals,policies, programs to County of Orange ) address uses of the water and waterfront property in 1 am a Citizen of the.United States and a Newport gay and Harbor and supplements resident of the County aforesaid; E am over the age of.eighteen years, and not a party t provisions of the Land Use and the Recreation and or interested in the below entitled matter, 3 open Space Elements. am a principal clerk of the NEWPORT BEACH-COSTA MESA DAILY PILOT, a A public meeting will be held on A ri kl 2U 1, at newspaper of general circulation, printed an 7s00 .m, in the Council Chambers.of the Newport published in the City,of Costa Mesa, County port Boulevard, of- Orange, State of California, and that Beach City , attached Notice is a true and complete copy Newport Beach, California. After a presentation, as was printed and published on the there will be an.opportunity to ask questions and following dates: make comments. For information call(949).644-3235. Published Newport Beach-Costa Mesa Daily Pilot March 31,2001 5.A485 March 31, 2001 FILE COPY i declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 31 2001 at Costa Mesa, California. Signature OF J y Gary L. Granville O ti7 Orange County Clerk-Recorder v m P. ❑. Box 238 Santa Ana, CA 92702 IFO CLL office of the Orange County Clerk-Recorder Memorandum f SUBJECT: Environmental,Impact Reports Amendment of"Public Resources Code, Section 21092.3" The attached notice was received, filed and a copy was pasted on 1t remained posted for 20 (twenty) days. Gary L. Granville County Clerk-Recorder of the State of California in and for the County of Orange By: Deputy Public Resource Codp 21092.3 The notices required pursuant to Sections 21080.4 and 21092 for an environmental jn ct EWgrt shall be posted in the office of the County Clerk of each county in which the project will be located and shaii remain posted for a pe:<od of 30 days. The notice required Du r2uant# Section 2109 for n ative a ne ative declarati n hall b so ost d for eriad of 20 d s unless th rwi e r aired law to be as# d far 3D da s. The Court Cl rk sha[l o t notices within 24 hours of rec i t. Public Reso ces Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shail be posted***within 24 hours of receipt in the office of the County Cleric. Each notice shall remain posted for a period of 30 days. ***Thereafter, the clerk shall return thence to the local Le—ad agency***within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by un erline; deletions by*** CITY & NEWPORT BEACH . 3300 Newport Boulevard-P.U.Box 17" p 0 S T E D Newport Bestclt,CA 926M-V15 �A� (949)644-3200 NEGATIVE DECLARATION By L.�� u `,DEPL To: From: City of Newport Beach Planning Department ❑ Office of Planning and Research 330D Newport Boulevard-P.O.Box 1769 P.O.BOX 3044 Newport Beach,CA 9265M915 Sacramento,CA 95812-3044 (Orange County) County Clerk,County of Orange X Public Services Division F.U.Box 238 Date received for filing at OPRICounty Clerk: Santa Ana,CA 92702 11 Public review period: March 19, 2001 to April 18, 2001 Nm e of Project: Harbor and Bay Element Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions o,f'the Land Use and the Recreation and 0 pen Space Elements. Finding: Pursuant to the provisions of City Council K 3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment, A copy of the Initial Study containing the analysis supporting this finding is ❑ attached J9 on file at the Planning Department The Initial Study may include mitigation measures that would eliminate of reduce potential environmental unpacts. This document will be considered by the decision-maker(s)prior to final action on the proposed pmject. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans,studies andlor exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what envirotunental impacts you believe would result from the project,why they are significant,and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held,you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information,please contact the undersigned at(949)644-3200. Date_i>�bJ�,_=I_ Patdck J.Alford Senior Planner F:IUSE IFORMSINEG-DEC103NEGDEC.DOC Harbor and Bay Element Notice of Completion Schools located within 2 miles of the project site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School tad PO'Qj. PLANNING DEPTARTMENT Q CITY HALL >- 3300 NEWPORT BOULEVARD u � P.O.BOX 1768 NEWPORT BCH,CALIFORNIA cR�E FoR�'� 9265M915 Fax To: Mike Sietten From: Chris Thayer Fax: 49-646-5008 Pages: d� -e'� Phone: 49-642-4321 Date: 3128101 Re: Public Notice for Saturday-1/8 page ad CC: 0 Urgent D For Review 0 Please Comment ❑Please Reply ©Please Recycle • Comments: Mike, Attached is 'i public notice for a 1/8 page ad fora public meeting: We want this in this Saturday's legal section. Thanks for your great help! Chris 949-644-3200 ti l r Notice of Public Meeting City of Newport Beach Harbor and Bay EIement The Harbor and Bay Element is a new optional element of the General'Plan. The Harbor and Bay Element contains goals, polices, programs to address uses of the water and waterfront property in Newport Bay and. Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. A public meeting will be held on April M.2001, at 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California. After a presentation, there will be an opportunity to ask questions and make comments. For information call(949)644-3235. Authorized to Publish Advertisements of ail Unds including public notices by Decree of the Superior Court of orange County, California, Number A•6214, September 29, 1961,and A-24831 June 11, 1963. PROOF OF PUBLICATION FILE COPY STATE OF CALIFORNIA) } SS. PUBLIC NOTICE County o Orange NEWPCITY OF ORT BEACH PUBLIC NOTICE OF i am a Citizen of the.United States and a NEGATIVE t3E6ATjvE resident of the County aforesaid; I am over °t�Aand B" Element Y the age of.eighteerr years, and not a party to A draft Negative Dec- or interested in the below entitled matter. I Dec- laration blithe Cbeof am a principal clerk of the NEWPORT ninpDep�ent for the BEACH-COSTA MESA DAILY PILOT a °s`�BJEc�T�e�,e� f consists of a CxaneraI newspaper of general circulation printed and Flan Amendment to adopt a new optional published in the City,of Costa Mesa, County Plan. T of op GeneralHar- Plan. The Har- bor Orange, State of California, and that dresas9n Bay Element ad- of and waterfront prop- attached Notice is a true and complete copy erry in Newport Bay and as was printed and published on the harbor and supplements p nrov[s[ons of the Land C P flee end the Recreation t o l lowi ng dates; and Open Space Ele- ments. LOCATION: Citywide. SETTING: The City of Newport Beach is a community of 72,000 lo- cated on the central coast of Orange County. The City covers 36 square miles, including approximately 22 square m[es of Upper and Lower Newpo Hay. March 7 i 2 APPLICANT City of Newport Beach REVIEW PERIOD: March 18, 2001 to April 18, 2t301. This recommended finding that the project will not have a significant effect on the envfron- ment is based on an in- itiat study. The draft Naative Declaration, tnfttal Study, and sup- porting documents may be reviewed, or pre- ur- chased for'the cost of I declare, under penalty of perjury, that the production, a the office foregoing is true and correct. of Flanging a pwpor- ment, 33p0 N eort Boulevard, Newport Beach, CA 92658. For information, contact Pa- trick Alford at (943) Executed on March 17 2001 Mont235. carmen cam- ments regarding the at C�StcieSa, Cdlifornia. adequacy of this Draft Nagati" Declaration must be received by the Planning Department at the above address by APRIL 18, 2001. A final environmental report in- corporating public Input will then be prepared for Sinature consideration by de- g cision-making author- ities. ' Pubfished Newport Beach-Costa Mesa Daily Pilot March 17, 2001 CI* OF NEWPORT BEAR JP � 3300 Newport Boulevard-P.O. Box 1768 Newport Beach,CA 92658-8915 (949)644-3200 GkgviLL,,I wl"1110 GATIVE DECLARATION To: From: City of Newport Beach Planning Department ❑ Office of Planning and Research 3300 Newport Boulevard-P.D.Box 1768 P.O.BOX 3044 Newport Beach,CA 92658-8915 Sacramento,CA 95812-3044 (Orange County) County Clerk,County of Orange X Public Services Division P.O.Box 238 Date received for filing at OPR/County Clerk: Santa Ana,CA 92702 Public review period: March 19, 2001 to April 18, 2001 Name of Project: Harbor and Bay Element Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open S ace Elements. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ❑ attached on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-makers)prior to final action on the proposed project. if a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they arc significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information.please contact the undersigned at(949)644-3200. r_ Date_March_16,200 1 Patrick J.Alford Senior Planner F:1USERSTLNISHARED1lFORMSINI G-DEC\03NkGDEC.DOC " r Harbor and Bay Element Notice of Completion Schools located within_2 miles of the project site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School RE'CENED BY PLANNING ❑EEPARTMENT GI TV �� r, ^=ACH P AM M ° Governors ( * i c of Panning anc Research , 1 St.-u L, Clearinghouse learinghouse Cray 1)avis Steve Nissen GOVIANOR DIR}CTOR ACKNOWLEDGEMENT OF RECEIPT DATE: March 20,2001 TO: Patrick J. Alford City of Newport Beach 3300 Newport Boulevard P.O.Box 1768 Newport Beach,CA 92658-8915 RE: Harbor and Bay Element SCH#: 2001031075 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: March 16,2001 Review End Date: April 16,2001 We have distributed your document to the following agencies and departments: California Coastal Commission Caltrans,District 12 Department of Boating and Waterways Department of Conservation Department of Fish and Game,Region 5 Department of Parks and Recreation Department of Toxic Substances Control Native American Heritage Commission Office of Historic Preservation Regional Water Quality Control Board,Region 8 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 5400 TENTH STREET Y.O. BOS ;kl.1-f -u RA NIF NTO,CALIFORNNA 95812-3044 916-445-0613 FAX 916-32i—}01ti a t .c rl'!t.{.':1.C�C]�'1C[F.A4ZC GiTflLIS}i.FI'C4ii -r +w �Af • Imo! {-t��..�. [a� ART rr ��,' U.S.�i1J-ii€CE PLANNING DEPARTMENT - • zr u MAR 1 6'0.' �: n x 33oo Newport Boulevard v" `�, - 6 E 7s '�H �,� �V, t?0, 13C)X 1768 �lF�ft� Newport I lend'. (1-aIi€n iii] 9265'k-'Y-8917) x.x. S .VA r .A 927 A3-16--131 RETURN SERVICE REQUE57 D •-�, ;ram. DEFT OF BQATING&WA Y SACRAMENTO CA 95$14 �'��lT��,'� 7Tt�trrtfl�1�111f�r�elrr�f�r#�r�r�afrrri��rlr�ltt�1 lr�eli 1,51 ok `� PLANNING DEPARTMENT I it}X 1768 f]8 �t'11'E)l.l�� if'il[''i- t i1{EI[1i11l�1 R- ol INs.0 HzD 'nT P , � �RD NET 14 DBFss vAk RecC�4C. 't'1RtL IDS FISH&WILDLIFE SERVIC E cE f}DDAVILA I2D ��UTE�O LAGUNA NIGUEL CA 92656 ��fiy�� ,(.y1,�t1� ��3�iFIt�E[E��E3�EE111f31jE3#�:11}ff1{lSlifi�Sli�fl�E�iE#Siiif CITY OF NEWPORT BEACH "'.' n V 2 P.C. BOX 1768, NEWPORT BEACH, CA 92658-8915 14 F0 PUBLIC NOTICE OF PROPOSED NEGATIVE DECLARATION Harbor and Bay Element A draft Negative Declaration has been prepared by the City of Newport Beach Planning Department for the project listed below: SUBJECT: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. LOCATION: Citywide. SETTING: The City of Newport Beach is a community of 72,000 located on the central coast of Orange County. The City covers 36 square miles, including approximately 22 square miles of Upper and Lower Newport Bay. APPLICANT: City of Newport Beach. REVIEW PERIOD: March 19, 2001 to April 18, 2001. This recommended finding that the project will not have a significant effect on the environment is based on an initial study. The draft Negative Declaration, Initial Study, and supporting documents may be reviewed, or purchased for the cost of reproduction, at the office of the Planning Department, 3300 Newport Boulevard, Newport Beach, CA 92658. For information, contact Patrick Alford at (949) 644-3200. Written comments regarding the -adequacy-adequaqy of this Draft Negative Declaration must be received by the Planning Department at the above address by APRIL 18, 2001. A final environmental report incorporating public input will then be prepared for consideration by decision-making authorities. 3300 Newport Boulevard, Newport Beach US ARMY CORPS OF ENGINEERS US ENVIRONMENTAL PROTECTION LOS ANGELES DISTRICT AGENCY-REGION 9 OFF€CE OS FISI I&WILDLIFE SERVICE 911 WILSHIRE BLVD ST 24000 AVILA RD PO BOX 532711 75 HAWTHORNS SAN FRANCISCU CA 94105 LAGUNA NIGUEL CA 92656 LOS ANGELES CA 90053 US COAST GUARD CALIFORNIA COASTAL COMMISSION SANTA ANA REGIONAL WTR QL1TY DISTRICT I I SOUTH COAST OFFICE CONTROL BOARD REGION 8 COAST GUARD ISLAND 200 0CEANGATE I4TH FL 3737 MAIN ST STE 500 ALAMEDA CA 94501 LONG BEACH CA 90802 RIVERSIDE CA 92501-3339 DEPARTMENT OF FISH&GAME SO COASTAL REGION AND DEPT OF BOATING&WATERWAYS CALIFORNIA STATE CONSERVANCY INLAND DESERT REG€ON 1629 S ST 1330 BROADWAY STE I I00 330 GOLDEN SHORE STE 5€1 SACRAMENTO CA 95814 OAKLAND CA 94612 LONG BEACI I CA 90802 RESOURCES AGENCY CALIFORNIA STATE LANDS COMMISSION ORANGE COUNTY 1020 NINTH ST THIRD FL 100I1OWE AVE STE IDO SO ENVIRONMENTAL PLANNING SACRAMENTO CA 95814 SACRAMENTO CA 95825-8202 PO BOX 4048 SANTA ANA CA 92702-4048 CITY OF COSTA MESA CITY OF HUNTINGTON BEACH ORANGE COUNTY PLANNING DEPARTMENT PLANNING DEPARTMENT ENVIRONMENTAL PLANNING 77 FAIR DR 2000 MAIN ST PO BOX 4048 COSTA MESA CA 92626 HUNTINGTON BEACH CA 92648 SANTA ANA CA 92702-4048 0 0 PO PLANNING©EPTARTMENT CITY HALL 3300 NEWPORT BOULEVARD l] 2 P.O.BOX 1768 •a� NEWPORT BCH,CALIFORNIA 14, N�� 92658-8915 Fax To: Mike Sletten From; Chris Thayer Fax: 49-646-5008 Pages: Phone: 9-642-4321 Date: 3/15/2001 Re: Public Notice for Saturday C: 0 Urgent 0 For Review 0 Please Comment ❑Please Reply ❑PIease Recycle • Comments: Mike, Here is a public notice for Proposed Negative Declaration to run this Saturday.March 17,2001. Please acknowledge receipt at 949-644-3200. Thank you,Chris PUBLIC NOTICE CITY OF NEWPORT BEACH PUBLIC NOTICE OF PROPOSED NEGATIVE DECLARATION Harbor and Bay Element A draft Negative Declaration has been prepared by the City of Newport Beach Planning Department for the project listed below: SUBJECT: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. LOCATION: Citywide. SETTING: The City of Newport Beach is a community of 72,000 located on the central coast of Orange County. The City covers 36 square miles, including approximately 22 square miles of Upper and Lower Newport Bay. APPLICANT: City of Newport Beach. REVIEW PERIOD: March 19, 2001 to April 18, 2001. This recommended finding that the project will not have a significant effect on the environment is based on an initial study. The draft Negative Declaration, Initial Study, and supporting documents may be reviewed, or purchased for the cost of reproduction, at the office of the Planning Department, 3300 Newport Boulevard, Newport Beach, CA 92658. For information, contact Patrick Alford at (949) 644-3235. Written comments re Larding the adequacy of this Draft Negative Declaration must be received by-the Planning Department at the above address by APRI_L 18, 2001. A final environmental report incorporating public input will then be prepared for consideration by decision-making authorities. COY OF NEWPORT BEA&H NOTICE OF COMPLETION and Environmental Document Form To: State Clearinghouse From: City OF Newport Beach 1400 Tenth St.,Rm.121 Planning Department Sacramento,CA 95814 3300 Newport Boulevard-P.O.Box 1768 Newport Reach,CA 92658-8915 (Tel.No.:916/445-0613) (Orange County) Contact Person: Patrick I.Alford SCH# Senior Planner Tel No.: (949)644-3200 Project Location: Cilywide Cross Streets SR 1 and SR 55 Total Acres 1,568 160 A.P.No. Numerous Section 26 Twp. 7S_ _ Range_10W Base_San Bernardino Within 2 Mites: State Hwy#._SR 1_5R 551_5R S5,SR 73 Waterways: _Newport Bay_, Airports:_John Wayne Railways: None Schools: See attached., Present Land Use/Zoning/General Plan Use: Various Project Description:—An amendment to add a Harbor Element to the General Plan. _ Document Type CEQA: NEPA OTHER ❑ NOP a Supplement/Subsequent a NOT ❑ Joint Document Early Cons ❑ E1R(Prior SCE No.) ❑ EA Q Final Document Neg Dec ❑ Draft EIS ❑ Other DrafVFTR a Other FONS1 Local Action Type Ll General Pian Update 0 Specific Plan ❑ Rezone ❑ Annexation General Plan Amendment a Master Plan U Prezone Redevelopment i/ General Plan Element ❑ Planned Unit Dev. ❑ Use Permit ❑ Coastal Permit U Community Plan ❑ Site Plan ❑ Land Division(Sub-division Parcel Map,Tract map,ect.) d Other Development Type d Residential: Units Acres El Water Facilities: Type MGD Office: Sq.€t. Acres Employees El Transportation: Type d Commercial Sq.ft. Acres Employees LlMining: Mineral Ll Induwial: Sq.ft. Acres Employees d Power: Type Watts Educational: Ll Waste Treatment: Type 0 Recreational L1 Hazardous Waste: Type ❑ Other: Project Issues Discussed in Docu t AestheticlVisual Flood Plain/Flooding SchoolsJuniversities Water Quality Agricultural Land LI Forest Land/Fire hazard ❑/ Septic Systems U Water Supply/Groundwater Air Quality Geologic/Seismic Sewer Capacity 17 Wetland/Riparian Archeologic/Historic L Minerals Wildlife Soil Erosion/Compaction/Grading Coastal Zone Noise El/ Solid Waste Lk Growth[nducing a Drainage/Absorption ❑ Population/Housing113alance !Id Toxic/]lazardous ❑ Land Use Economic/Jobs Public Service/Facilities ❑ Traffic/Circulation ❑ Cumulative Effects d Fiscal d Recreation/Parks 0 Vegetation Ll Other F:\USERSIPLN\IFORMS\NEG-DEC\03NOCOPR.DOC. Harbor and Bay Element Notice of Completion Schools located within 2 miles of the proiect site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School CITY OF NEWPORT BEAC 3300 Newport Boulevard -P.D.Box 1768 Newport Beach,CA 92658-8915 (949)644-3200 NEGATIVE DECLARATION To: From: City of Newport Beach Planning Department Office of Planning and Research 3300 Newport Boulevard-P.O.Box 1768 X P.O.BOX 3044 Newport Beach,CA 92 65 8-89 1 5 Sacramento,CA 95812-3044 (Orange County) ❑ County Clerk,County of Orange Public Services Division P.U.Box 238 Date received for filing at OPR/County Clerk: Santa Ana,CA 92702 Public review period: March 19, 2001 to ZIP 18, 2001 Name of Project: Harbor and Bay Element Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Gen Space Elements. Finding; Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is to attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-makers)prior to final action on the proposed project. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project,why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions o would like further information,please contact the undersigned at(949)644-3200. Date March 16.2001 Patrick I.Alford Senior Planner F:IUSERSTLNISNAP-EDIIFORNISlNEG-D1 C103NEGDEC.DOC 0 0 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Harbor and Bay Element 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach,CA 92658-8915 3. Contact Person and Phone Number: Patrick J. Alford, Senior City of Newport Beach Planning Department (949) 644-3235 4. Project Location: City-wide 5. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach,CA 92658-8915 b. General Plan Designation: N/A 7. Zoning: NIA 8. Description of Project: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current City-wide Development: To the north: Cities of Costa Mesa and Irvine To the east: Newport Coast annexation area and City of Laguna Beach To the south: Pacific Ocean To the west: Cities of Costa Mesa and Huntington Beach 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. Harbor&Bay Element Page f ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Transportation/ ❑ Public Services Circulation ❑ Population& Housing ❑ Biological Resources ❑ Utilities& Service Systems ❑ Geological Problems ❑ Energy&Mineral ❑ Aesthetics Resources ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 11 I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and Z)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated.." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ Harbor&Bay Element Page 2 I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b)have been avoided or mitigated pursuant to that earlier EIR,including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ❑ 03/14/01 Submitted by: Patric J. Alford, Senior Planner Signature Date Planning Department 03/14/01 Prepared by: atrick 1. Alford Signature Date F,IUSERS\PLMSHAREDII FORMS\NE4-DEC10DCKLIST.DOC Harbor&Bay Element Page 3 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated [. AESTHETICS. Would the project. a) Have a substantial adverse effect ❑ ❑ ❑ Q on a scenic vista? b) SubstantialIy damage scenic ❑ ❑ ❑ resources, including, but not limited to,trees, rock outcroppings, and historic buildings within a state scenic highway? c} Substantially degrade the existing ❑ ❑ ❑ [,� visual character or quality of the site and its surroundings? c} Create a new source of substantial ❑ ❑ ❑ [,� light or glare which would adversely affect day or nighttime views in the area? 11. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ p Farmland, or Farmland of Statewide Importance Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ Q agricultural use, or a Williamson Act contract? c} Involve other changes in the ❑ ❑ ❑ p existing environment which,due to their Iocation or nature, could result in conversion of Farmland, to non- agriculturaI use? Harbor&Bay Element Page 4 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated III. AIR QUALITY. Would the project: a) Conflict with or obstruct ❑ ❑ ❑ Q implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ ❑ 0 contribute to an existing or projected air quality violation? c) Result in a cumulatively ❑ ❑ 0 ❑ considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ Q ❑ substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ Q ❑ a substantial number of people? IV. BIOLOGICAL,RESOURCES. Would the project: a] Have a substantial adverse effect, ❑ ❑ Q ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ ❑ Q ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Harbor&Bay Element Page 5 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated c) Have a substantial adverse effect on ❑ ❑ Q ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d3 Interfere substantially with the ❑ ❑ p ❑ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or p ❑ [[ ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ ❑ Q ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ❑ ❑ ❑ p change in the significance of a historical resource as defined in §15054.5? b) Cause a substantial adverse ❑ ❑ Q ❑ change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a ❑ ❑ Q ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ❑ ❑ ❑ including those interred outside of formal cemeteries? Harbor&Bay Element Page 6 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ Q potential substantial adverse effects, including the risk of loss, injury, or death involving: i] Rupture of a known earthquake ❑ ❑ ❑ [. fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ Q ❑ shaking? iii)Seismic-related ground failure, ❑ ❑ 0 ❑ including liquefaction? iv} Landslides? ❑ ❑ ❑ Q b] Result in substantial soil erosion or ❑ ❑ ❑ C�J the loss of topsoil? c} Be located on a geologic unit or soil ❑ ❑ Q ❑ that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ ❑ ❑ p defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Harbor&Bay Element Page 7 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ ❑ Q ❑ public or the environment through routine transport, use, or disposal of hazardous materials? b3 Create a significant hazard to the ❑ ❑ Q ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? cj Emit hazardous emissions or ❑ ❑ Q ❑ handle hazardous or acutely hazardous materials, substances,or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ Q included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e3 For a project within an airport land ❑ ❑ ❑ Q use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? fj For a project within the vicinity of a ❑ ❑ ❑ Q private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ 0 physically interfere with an adopted emergency response plan or emergency evacuation plan? Harbor&Bay Element Page 8 Potentially Potentially Less than No Significant Significant Significant Impact Impact finless Impact Mitigation Incorporated h) Expose people or structures to a ❑ ❑ ❑ Q significant risk of Ioss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: ay Violate any water quality standards ❑ ❑ ❑ 0 or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ Q supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ❑ ❑ ❑ r❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing ❑ ❑ ❑ Q drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? e3 Create or contribute runoff water ❑ ❑ ❑ Q which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Harbor&Bay Element Page 9 Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated f} Otherwise substantially degrade ❑ ❑ 0 ❑ water quality? gj Place housing within a 100-year ❑ ❑ 21 ❑ flood hazard area as mapped on a federal Flood Hazard! Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a I00-year flood ❑ ❑ Q ❑ hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a ❑ ❑ Q ❑ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ [,� ❑ mudflow? IX. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established ❑ ❑ ❑ 0 community? b) Conflict with any applicable land use ❑ ❑ ❑ 0 plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c} Conflict with any applicable habitat ❑ ❑ ❑ [p[ conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ Cl ❑ Q known mineral resource that would be of value to the region and the residents of the state? Harbor&Bay Element Page 10 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation. Incorporated b) Result in the foss of availability of a ❑ ❑ ❑ Q locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? c) Displace substantial numbers of ❑ ❑ ❑ Q People, necessitating the construction of replacement housing elsewhere? Xf. NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ ® ❑ generation of noise levels in excess of standards established in the focal general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or (] ❑ Q ❑ generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ❑ ❑ Q ❑ ambient noise levels in the project vicinity above levels existing without the project? dj A substantial temporary or periodic ❑ ❑ ® ❑ increase in ambient noise levels in the project vicinity above IeveIs existing without the project? e) For a project located within an ❑ ❑ ❑ airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise ievels? fi} For a project within the vicinity of a ❑ ❑ ❑ H private airstrip,would the project expose people residing or working in the project area to excessive noise Ievels? Harbor& Bay Element Page I I Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly(for example, by proposing new homes and businesses)or indirectly(for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ 0 existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES ❑ ❑ ❑ Q Would the project; a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government:facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Q Police protection? ❑ ❑ ❑ Q Schools? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ❑ Q Harbor& Bay Element Page 12 Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated XIV. RECREATION a) Would the project increase the use ❑ ❑ ❑ 0 of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) does the project include ❑ ❑ ❑ Q recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?opportunities? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ 0 substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or ❑ ❑ ❑ 0 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ Cl ❑ Q patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due ❑ ❑ ❑ Q to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses(e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ 21 access? Harbor&Bay Element Page 13 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated f} Result in inadequate parking ❑ ❑ ❑ Q capacity? g) Conflict with adopted policies, plans, ❑ ❑ ❑ 0 or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES&SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ ❑ Q ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ Q ❑ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c} Require or result in the construction ❑ ❑ Q ❑ of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ Q ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ Q ❑ wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f] Be served by a landfill with sufficient ❑ ❑ ❑ Q permitted capacity to accommodate the projects solid waste disposal needs? Harbor&Bay Element Page 14 Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated g) Comply with federal, state, and local ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. A7 Does the project have the potential ❑ ❑ ❑ 0 to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ 0 are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c} Does the project have ❑ ❑ ❑ Q environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section f 5D63(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Harbor&Bay Element Page 15 c) Mitigation measures. For effects that are "Less than Significant with Mitigation incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Harbor&Bay Element Page 16 CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Harbor and Bay Element General Plan Amendment No.2000-I (C) PROJECT DESCRIPTION The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. ANALYSIS I. AESTHETICS The Harbor and Bay Element contains policies and programs intended to preserve and enhance the visual character of Newport Harbor and Newport Bay. II. AGRICULTURAL RESOURCES No agricultural lands or resources are affected by the policies and programs contained in the Harbor and Bay Element. III. AIR QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by motorized watercraft, including recreational boats, passenger/sightseeing boats, passenger-fishing boats, and entertainment boats, which impact air quality. However, these policies do provide for an increase or decrease in the level of activity. Therefore,no significant impacts to air quality are anticipated. IV. BIOLOGICAL RESOURCES The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and around. Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. The Harbor and Bay Element contains polices and programs recognizing the necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment. However, such activities will continue to be conducted through Harbor-wide maintenance dredging permits, which are reviewed and approved by all agencies with jurisdiction over the Harbor. V. CULTURAL RESOURCES The Harbor and Bay Element contains policies and programs that call for construction of harbor-related facilities, although no specific sites or designs are identified. Such facilities could be constructed in areas where archaeological or paleontological resources are expected to exist on the site; the necessary investigations and precautions will be instituted to ensure preservation of such resources. The Harbor and Bay Element contains policies and programs intended to encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. VI. GEOLOGY AND SOILS The Harbor and Bay Element contains policies and programs call for construction of harbor-related facilities, although no specific sites or designs are identified. The area in and around Newport Bay is subject to strong seismic ground shaking and has a historic occurrence of liquefaction; Local geological, geotechnical and groundwater conditions also indicate potential for permanent ground displacements. However, all new development will be required to incorporate measures to reduce risks to acceptable levels. VII. HAZARDS AND HAZARDOUS MATERIALS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could involve hazardous materials. However, these policies do not provide for an increase or decrease in the level of activity. Therefore, no significant impacts are anticipated. VIII. HYDROLOGY AND WATER QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities, which could impact water quality. However,these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to ensure that the water quality in Newport Bay Harbor meets Federal, State and local standards. Therefore, no significant impacts are anticipated. The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance land uses and activities, which are in areas subject to flooding and potentially to Seiche, and tsunami hazards. However, these policies do not provide for an increase or decrease in the level of activity and individual projects will be required to incorporate appropriate mitigation measures. Therefore, no significant impacts are anticipated. IX. LAND USE AND PLANNING The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The Harbor and Bay Element is also intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program. X. MINERAL RESOURCES No mineral resources are known to exist in Newport Bay or the surrounding area. Therefore,there is no impact. XI. NOISE The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by commercial, recreational, and maintenance activities, which could impact adjacent residential areas. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to control and mitigate noise-related land use conflicts. Therefore,no significant impacts are anticipated. XIL POPULATION AND HOUSING The Harbor and Bay Element contains no policies that would result in any growth or reduction in the area's population. Therefore, no significant impacts are anticipated. XIII. PUBLIC SERVICES The Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XIV. RECREATION The Harbor and Bay Element contains polices and programs that will maintain or increase recreational facilities and opportunities in and around Newport Bay. Therefore, no significant impacts are anticipated. 9 0 XV. TRANSPORTATION/TRAFFIC The Harbor and Bay Element contains polices intended to minimize traffic and parking impacts associated with the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVI. UTILITIES & SERVICE SYSTEMS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by uses that could impact water and wastewater systems. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVII. MANDATORY FINDINGS OF SIGNIFICANCE The Harbor and Bay Element is also intended to provide general policy guidance for uses of the water and waterfront property in Newport Bay. This includes polices intended to enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Therefore, it does not have the potential to substantially impact fish, wildlife, or plant species. No significant cumulative impacts are associated with the adoption of the Harbor and Bay Element. There are no known substantial adverse effects on human beings that would be caused by the adoption of the Harbor and Bay Element. City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1970. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once Dome to an economy that saw commercial fishing, fish canning,and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city." (Section 65303 of the Government Code)_ RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 11/15/00 0 0 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. Bay 0. Lower Newport Ba 4 ti r- Newport Bay 2 11/15MG t0 0 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1- Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties_ However, in no case, shall the protection of such land uses, activities, facilities, 3 11/15/00 and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. G. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 11/15/00 9 0 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent,water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 11/15/00 Implementation Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies mast be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportf shing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportf shing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise,traffic congestion or parking shortages. 5. Consider the use of long-terra tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 l 1/15100 0 0 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 11/15/00 0 0 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community,and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 9 11/15/00 0 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective H13-2.1: Improve and extend public pedestrian, vehicular,and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. 1113-2.1.2: Encourage development of a single major waterfront public pedestrian space and related water 10 11/15/00 access and docking that serves as the identity and activity "center" of Newport Harbor for major special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.6: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 11 11/15/00 0 0 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries,water taxis,etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strate ig_es i. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency 12 11/15/00 0 0 support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. 13 11115100 9 0 HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. f. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. 14 1 v1 5/ao 0 0 GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes(such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical development/appearance and cultural history of the Harbor. Implementation Strate 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 15 11115100 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay_ Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 2. Prepare a reference document that provides a summary of information (including a single paint of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 16 11i15/00 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol,as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair, HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and 17 11/15/00 401 W communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 18 11/15/00 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. 19 111I5100 GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall' on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Starage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities,harbor and coastal tours, dining/drinking, business or social special events and entertainment. Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) 20 1 1/15/00 0 0 Harbor Construction (Design Criteria_and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses, Egkment, and Facilities. 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-aver-water structures; mooring maintenance and repair; waterborne debris and pollution control, collection and removal. This category also includes 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. ti Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section.H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary,utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facilily. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stared(in water) and/or dry-stored(on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. 21 11/15/00 0 9 Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the snore into a body of water. Pier Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee,except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Proiect Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Moorin . A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft., such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water De endent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht/sailing/boating/fishing: clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. 22 11115100 Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services,in-harbor water taxi services, docking,parking, offices and other water and land support facilities. 23 11/15/00 City of Newport Beach City Council Minutes June 12, 2001 INDEX 25. PROPOSED HARBOR AND BAY ELEMENT (PA2001-050) -THE Res 2001-45 HARBOR AND BAY ELEMENT IS A NEW OPTIONAL ELEMENT GPA 2000-002(C) OF THE GENERAL PLAN INTENDED TO ADDRESS USES OF PA 2001-050 THE WATER AND WATERFRONT PROPERTY IN NEWPORT Harbor and BAY AND HARBOR. Bay Element (45) Mayor Adams Opened the public hearing. Regarding Goal HB-2 (Public Access), Jim Hildreth, 120 The Grand Canal, believed that the City-installed ladder is inadequate and improper if it is what the City intends to use for public access. Further, he believed that the Iadder is dangerous, especially if no lifeguard is in the vicinity. For the record, Mayor Adams reported that Council received a letter from Ardell Investment Company regarding the Harbor and Bay Element. There being no further testimony, Mayor Adams closed the public hearing. Mayor Pro Tern Ridgeway reported that he has been working on this for 2.5 years with the Harbor Committee. He commended the Harbor Committee for its dedication and believed that the document is well put together. owl 11010 W� Motion by Makyor PLo Te xM Ridgewgy to adopt Resolution No. 2001- .0. a' 45 approving the Negative Declaration and adopting General Plan Amendment No. GPA 2000-002(C). � W C Council Member Proctor commended Mayor Pro Tem Ridgeway and the Z Harbor Committee for putting this document together, especially since _- no other community has anything like this. Mayor Pro Tem Ridgeway also thanked City Attorney Burnham and Senior Planner Alford for making it a more condensed and understandable document that is consistent with other City documents. Council Member Proctor stated that he is heartened that a solution to the Bay problems will be found if the same amount of effort and creativity that was put into the Harbor and Bay Element is put into solving the Bay problems. Council Member Bromberg stated that about 65 percent of his district is on water. He noted that the Harbor Committee started long before he was on Council and that he has since had the chance to meet a lot of the members. He expressed the opinion that the talent of the Committee and their knowledge of the water is incredible, and believed that this type of talent could not have been bought to get the Element accomplished so quickly. Regarding Council Member Heffernan's questions, Mr. Bludau explained that this is an optional element because the State does not Volume 54-Page 316 City of Newport Beach City Council Minutes June 12,2001 INDEX require the City to have one. City Attorney Burnham stated that Senior Planner Alford looked at the City's Land Use Plan of the Local Coastal Program (LCP), compared it with the proposed Harbor and Bay Element, and determined that it is consistent. He clarified that the Element will not be a part of the LCP, but will be in addition to the Land Use Plan of the LCP and any other components of the LCP the City develops over the next two years. The City will then be able to submit the LCP to the Coastal Commission for certification. He added that the LCP will be separate from the Element, except that it might be incorporated by reference. He stated that they will be talking to the Coastal Commission staff about that. Mr. Bludau added that the Coastal Commission staff has reviewed the Element, made comments, and the City has responded to those comments. Mayor Pro Tern Ridgeway stated that one of the problems they were confronted with was that they almost encroached into creating a regulatory document. However, the Committee worked very hard to maintain the Element as a policy document. He hoped that there will be more policy and less specificity and regulation in the General Plan Update process in order for Council to evaluate projects based on established criteria. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor Adams Noes: None Abstain: None Absent: Glover CONTINUED BUSINESS USE PERMIT 3626 (BUZZ) REVOCATION—$450 VIA OPORTO— UP 3626 APPEAL BY THE APPLICANT OF THE PLANNING Buzz Revocation/ SSION'S REVOCATION OF USE PERMIT 3626. 3450 Via Oporto (88) City At Burnham reported that Council previously referred this item back to Planning Commission. It is staffs recommendation that Council resc the prior action and authorize the appointment of a hearing officer to uct a hearing on the use permit revocation appeal. Even though his client supports recommendation, Barry Hanlon, 41 Corporate Park, Irvine,reported they met with staff on May 23, 2001, and agreed on a course of action th as different than tonight's recommendation_ He hoped that this will wo nd believed that some of the other things they are doing will be bene ' to everyone. He also expressed hope that this will get resolved quickly. In response to Dolores Otting's question, Mr. Burnham rep d that the City has only had one other hearing of this nature previous nd that it was for the Thunderbird. Ms. Otting stated that she and h Volume 54-Page 317 RESOLUTION NO. 2001-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A HARBOR ELEMENT OF THE GENERAL PLAN [GPA 2000-002 (C)] WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS, on May 17, 2001, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHERAS,the Planning Commission of the City of Newport Beach recommended approval of General Plan Amendment No. 2000-002 (C); and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment;therefore,a Negative Declaration has been prepared. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The General Plan shall be amended in include the Harbor and Bay Element provided as "Exhibit A." 1 SECTION 2: Based upon the information contained in the Initial Study, comments received, and all related documents,the City Council finds that there is no substantial evidence that the project could have a significant effect on the environment and hereby approves a Negative Declaration. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12,2001,by the following vote,to wit: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Glover MAYOR ATTEST: u CITY CLERK 2 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 Exhibit A-05/17/01 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. ` ef al Say Lower Newport Ba' Newport Bay a 2 Exhibit A-05/17/01 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those riecessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as, but not limited to, restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2. When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, 3 Exhibit A-05/17/01 shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside faculties and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 Exhibit A-05/17/01 s � s Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 Exhibit A-05/17/01 Implementation Strategies I. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. Z. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfshing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise, traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of Ieases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 Exhibit A-05/17/01 r other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions ;that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 Exhibit A-05/17/01 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, including the redevelopment of outdated or antiquated commercial development, in a manner that maintains the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor conunercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 Exhibit A-05/17/01 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies I, Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers,parking waivers and other incentives. 9 Exhibit A-05/17/01 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner orlessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian, vehicular, and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 Exhibit A-05/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. ]1 Exhibit A-05/I7/01 3. Continue to provide, and encourage expansion of Iow-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate Iandside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries,water taxis,etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 Exhibit A-05/17/01 0 0 enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles,water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 Exhibit A-05/17/01 HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1- Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor, 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4- Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. b. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 Exhibit A-05/17/01 r Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL 110-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2. Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical development/appearance and cultural history of the Harbor. 15 Exhibit A-05/17/01 f 0 Implementation Strategy I. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.I: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Iml2lementation Strate ies I. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 Exhibit A-05/17/01 0 0 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the Iocation of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 Exhibit A-O5/17/01 0 0 HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. H13-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strate ies i. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 Exhibit A-05/17/01 0 0 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity, Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 Exhibit A-05/17/01 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Ancharag_g Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a"charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore,on pilings, or floating in the water. DEy Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 Exhibit A-05/17/01 Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, intended to trap and retain and/or reduce the erosion of sand and retard the general erasion of the shoreline and undermining of shore protection structures (bulkheads, riprap slopes,etc.) Harbor Construction Design Criteria and Standard Drawin s . City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses E ui ment and Facilities. 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; waterbome debris and pollution control, collection and removal. This category also includes 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Pe it Policies. City of Newport Beach City Council Policy Manual Section H-1, governi rm ng permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored(in water) and/or dry-stored(on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. 21 Exhibit A-05/17101 0 f Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Ne ort Bay. The terns "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee,except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Project Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is Iarge enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or Iand, and registered or unregistered under state or federal requirements. Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and 22 Exhibit A-05/17/01 r 0 enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair,marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services, docking,parking, offices and other water and land support facilities. 23 Exhibit A-05/17/01 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001-45 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of June, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor,Mayor Adams Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of June, 2001. City Clerk Newport Beach, California a��EW�� (Seal) 4e� CITY or NE*RT BEACH Hearin ate: June 12, 2001 PLANNING DEPARTMENT Agenda Item No.: u 33oaNEWFC7RT BOULEVARDStaff Person: Patrick J.Alford NEWPORT BEACH,CA 92658 {949}�44-3235 C�LIFppN;r (449)644-3Z—;FAX(9")&44-V54 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor and Bay Element(PA2001-050) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. ACTION: 1_ Conduct public hearing; and 2. Adopt Resolution No. 2001- approving the Negative Declaration and adopting General Plan Amendment No. GPA 2000-002 (C). Background On January 11, 1999,the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On June 8,2000,the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000_ On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop to introduce the draft Element and to receive questions and comments. On May 16, 2001,the Economic Development Committee recommended to the Planning Commission and City Council that the proposed Element be adopted. On May 17, 2001,the Planning Commission voted(7-0)to recommend that the City Council adopt the proposed Element. On May 21, 2001, the proposed Element was presented to the Environmental Quality Affairs Committee (EQAC). EQAC determined that the proposed Element was not within their scope of responsibilities and voted not to forward recommendations to the City Council. Anal sis The proposed Harbor and Bay Element would be an optional element of the General Plan. The proposed Element focuses on issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline, setting forth five major goals: r r J • Preserving the diverse uses of the Bay,Harbor, and shoreline. • Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. • Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. ■ Providing for the ongoing administration and maintenance of the Harbor and Bay. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn, each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. Plannin Commission Action On May 17, 2001, the Planning Commission held a public hearing on the proposed Harbor and Bay Element. Discussion at the Planning Connnission focused on how the Element's policies might be applied to future projects. The Planning Commission also had questions concerning some of the comments received from State agencies, particularly those of the Coastal Commission. The Coastal Commission did not identify any direct conflicts with the Coastal Act, but did suggest revisions that clarify ambiguities and expand upon Coastal Act policies. However, the Planning Commission concluded that the proposed Element was consistent with existing City policies and State law and voted unanimously to recommend approval to the City Council with only a few minor wording changes. Recommendation Staff recommends that the City Council adopt General Plan Amendment No. GPA 2000-002 (C) with the findings in the attached resolution. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner 1 OOW'- 40-00-01 P47&oQLfA,Q 45?AAf Exhibits 1. Draft resolution(with 04/17/01 draft of the Harbor and Bay Element). 2. 05/17/01 Planning Commission staff report. 3. Draft 05/17/01 Planning Commission minutes. x Harbor Element (PDA 2000-041) June 12.2001 Page 2 0 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A HARBOR ELEMENT OF THE GENERAL PLAN [GPA 2000-002 (C)] WHEREAS,pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS, on May 17, 2 00 1, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHERAS,the Planning Commission of the City of Newport Beach recommended approval of General Plan Amendment No. 2000-002 (C); and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore,a Negative ti Declaration has been prepared. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The General Plan shall be amended in include the Harbor and Bay Element provided as "Exhibit A." i r . SECTION 2: Based upon the information contained in the Initial Study,comments received, and all related documents,the City Council finds that there is no substantial evidence that the project could have a significant effect on the environment and hereby approves a Negative Declaration. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA,and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12,2001, by the following vote,to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COCTNCIL MEMBERS MAYOR ATTEST: CITY CLERK �t 4 2 AILI CITY OF NftT REACH FAEenda ng ate: June 12, 2001 Q PLANNING DEPARTMENT H Moo NEWPORT BOULEVARD tem►No.: s Person: Patrick J. Alford NEW PORT BEACH,CA 92658 �'�rsoAA►� (949)644-3235 (444)644-3s—;FAX(949)644-3250 REPORT TO THE MAYOR AND CITY COUNCIL FILE COPY SUBJECT: Proposed Harbor and Bay Element(PA2001-050) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. ACTION: 1. Conduct public hearing; and 2. Adopt Resolution No. 2001- approving the Negative Declaration and adopting General Plan Amendment No. GPA 2000-002(C). Backeround On January 11, 1999,the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On June 8, 2000,the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C)to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000. On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop to introduce the draft Element and to receive questions and comments. On May 16, 2001,the Economic Development Committee recommended to the Planning Commission and City Council that the proposed Element be adopted. On May 17,2001,the Planning Commission voted(7-0)to recommend that the City Council adopt the proposed Element. On May 21, 2001, the proposed Element was presented to the Environmental Quality Affairs Committee (EQAC). EQAC determined that the proposed Element was not within their scope of responsibilities and voted not to forward recommendations to the City Council. Analysis The proposed Harbor and Bay Element would be an optional element of the General Plan. The proposed Element focuses on issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline, setting forth five major goals: 0 0 ■ Preserving the diverse uses of the Bay, Harbor, and shoreline. ■ Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. ■ Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. ■ Providing for the ongoing administration and maintenance of the Harbor and Bay. Each goal carries with it one-or more objectives, which would serve as the means of measuring the achievement of the goals. In turn, each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. PlanninE Commission Action On May 17, 2001, the Planning Commission held a public hearing on the proposed Harbor and Bay Element. Discussion at the Planning Commission focused on how the Element's policies might be applied to future projects_ The Planning Commission also had questions concerning some of the comments received from State agencies, particularly those of the Coastal Commission. The Coastal Commission did not identify any direct conflicts with the Coastal Act, but did suggest revisions that clarify ambiguities and expand upon Coastal Act policies. However, the Planning Commission concluded that the proposed Element was consistent with existing City policies and State law and voted unanimously to recommend approval to the City Council with only a few minor wording changes. Recommendation Staff recommends that the City Council adopt General Plan Amendment No. GPA 2000-002 (C) with the findings in the attached resolution. Submitted by: Prepared by: PATRICIA L.TEMPLE PATR.ICK J. ALFORD Planning Director Senior Planner �a Exhibits I. Draft resolution(with 04/17/01 draft of the Harbor and Say Element). 2. 05/17/01 Planning Commission staff report. 3. Draft 05/17/01 Planning Commission minutes. J- Harbor Element (PDA 2000-041) June 12.2001 Pace 2 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A HARBOR ELEMENT OF THE GENERAL PLAN [GPA 2000-002 (C)j WHEREAS,pursuant to Section 65303 of the California Government Code,allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS, on May 17, 2001, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHERAS,the Planning Commission of the City of Newport Beach recommended approval of General Plan Amendment No. 2000-002 (C); and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore,a Negative Declaration has been prepared. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The General Plan shall be amended in include the Harbor and Bay Element provided as "Exhibit A." 3 0 0 SECTION 2: Based upon the information contained in the Initial Study,comments received, and all related documents,the City Council finds that there is no substantial evidence that the project could have a significant effect on the environment and hereby approves a Negative Declaration. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA. and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12,2001,by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." (Section 65')03 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM IN The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 Exhibit A-05/17/01 0 modify the Lana Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. der ey BaY I f —7 't Louver Newport x Newport Bay -- 2 Exhibit A-05/17/01 0 0 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: I. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as, but not limited to, restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, 3 Exhibit A-05/17/01 shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property. HB-1.1,3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. S. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base_, collegiate rowing clubs and yacht clubs. ' 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized CD events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 Exhibit A-05/17101 0 0 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water duality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 Exhibit A-05/17/01 0 0 Implementation Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportf shing boats, passenger and sightseeing vessels,and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise,traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrates with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 0 6 Exhibit A-05117/01 other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and goats through long-term tideland leases that allow 7 Exhibit A-05/17/01 0 0 waterfront owners/Iessees to obtain financing for improvements to and enhancements of commercial piers and Boats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, including the redevelopment of outdated or antiquated commercial development, in a manner that maintains the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor white respecting the rights of other users. HB-1.4.2. Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 Exhibit A-05/17/01 1� 0 0 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5_2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. ?. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 1� 9 Exhibit A-05/17/01 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian,vehicular, and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2; Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and l� 10 Exhibit A-05/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.I.f: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies I. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 1 Exhibit A-05/17/101 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis, etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Im lementation Strate ies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and l� 12 Exhibit A-05/17/01 enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors,and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 Exhibit A-05/17/01 HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Im Iementation Strate ies I. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. ActiveIy participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by ail stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. S. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 5. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 Exhibit A-05/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing tabs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beachibulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2-. Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. l� 15 Exhibit A-05/17/01 0 0 Implementation Strateg I. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or fagade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 Exhibit A-05A7/01 0 0 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services Such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies 1111-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. �t 17 Exhibit A-05/17/01 HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment)when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage anc channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 Exhibit A-051I7/01 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strate 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 Exhibit A-05/17/01 s � 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings,or floating in the water. D Stora e. Dry storage of vessels includes all on-land storage of vessels including, vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 Exhibit A-05/17/01 0 0 Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) Harbor Construction (Design Criteria and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses. Equipment, and Facilities. 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 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or morL, vessels are wet-stored (in water) and/or dry-stored (on land/racks or on floating docks). Marine Sales and Service Uses & VesseIs. Uses and vessels, as well as related equipment, 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. 1e 21 Exhibit A-05/17/01 0 s Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Proiect Lines. Harbor water area channel lines of the improvements constructed by the: federal government in 1935-1935, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal Channel". (see Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and a/' 22 Exhibit A-05/17/01 0 0 enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services,docking, parking, offices and other water and land support facilities. 23 Exhibit A-05/17/01 CITY OF NEWPORT BEACH Hearing Date: May 17, 2001 PLANNING DEPARTMENT Agenda Item: ,s 5 r Moo NEWPORT BOULEVARD Staff Person: Patrick J. Alford °itrraR*'r NEWPORT BEACH,CA (949} 644-3235 (944)444-V O-.FAX(949)44-5250 =L REPORT TO THE PLANNING COMMISSION PROJECT: Proposed Harbor and Bay Element(PA2001-054) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. RECOMMENDED ACTION: + Approve the Negative Declaration making the findings contained in Exhibit 1; and + Adopt Resolution No. 2001- recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution. Background On January 11, 1999, the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On June 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000, On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop to introduce the draft Harbor and Bay Element and to receive questions and comments. Analysis The Proposed Element The proposed Harbor and Bay Element (Exhibit 1) would be an optional element of the General Plan- Under State law, a City may include in its general plan any element that relates to its physical development. The proposed Element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. ' Notices were mailed to every bayfront property owner,harbor permit holder,and mooring permit holder in the City. In addition,notices will be sent to every bayfront community association and a one-eighth-page display ad was published in the Daily Pilot. r �V` 0 0 Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn,each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposed Element sets forth five major goals: ■ Preserving the diverse uses of the Bay,Harbor,and shoreline. ■ Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay, ■ Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. • Providing for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element calls for water-dependent and water-related uses and recreational activities to be the primary use of the Harbor. However, the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of parking, launching ramps, boat hoists, docks, moorings, and similar facilities. One of the more visionary policies encourages the creation of a waterfront public pedestrian space to serve as public focal point of the harbor and serve as the activity center for special events. While the proposed Element focuses on harbor-related activities, Issues of water quality and protection of the environment in both the Lower and Upper Newport Bay are also addressed. The policies and implementation strategies emphasize participation and cooperation with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed Element calls for consideration of harbor aesthetics in the design of bulkheads. The proposed Element also calls for bulkheads to be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters, where possible. The proposed Element also encourages the preservation and reuse of areas and buildings that are representative of the history of Newport Harbor,when feasible. The proposed Element emphasizes the need for coordination among the City, County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing Harbor&Bay Element(PA2401-05Q) May 17,2001 Page 2 0 0 areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Comments from the Coastal Commission The California Coastal Commission submitted comments on the proposed Element (Exhibit 4). Most significant of these is the recommendation that the proposed Element be processed as an amendment to the City's certified Local Coastal Program (LCP) Land Use Plan. The Coastal Commission correctly states the proposed Element contains policies that directly affect activities and development in areas that are within their jurisdiction and that the LCP Land Use Plan and the Coastal Act will take precedence over the policies of the proposed Element. The Coastal Commission therefore believes that a concurrent amendment to the LCP Land Use Plan is necessary to insure consistency. On March 27, 2001, the City Council directed staff to establish a process to submit a completed LCP to the Coastal Commission for certification. This process will likely involve revisions to the LCP Land Use Plan as well as the adoption of a number of implementing ordinances. Staff believes that this is the appropriate process to address the Coastal Commission's apparent goal of integrating Harbor and Bay Element polices into the LCP. The Coastal Commission also submitted recommendations concerning policies relating to residential land uses, parking waivers, tideland leases, vessel berthing and storage, dredging, public access, water quality, bulkheads, administration, and natural resources. However, the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. If so directed, staff could add appropriate language to address the Coastal Commission's concerns. Otherwise, these issues will be addressed through the LCP certification process. Comments from Other Public Agencies The Planning Department also received comments from the Department of Toxic Substances Control, the California State Lands Commission, the County of Orange, and the State Department of Transportation(CalTrans). For the most part,the comments from these agencies were limited to recitals of each agency's responsibilities in the review of this and future projects. However, both the State Lands Commission and the County of Orange sought additional acknowledgement in the proposed Element of their respective roles in the administration of tidelands. A The State Lands Commission also expressed concern that the inclusion of"Waterfront residential communities"in the list of land uses to be protected and enhanced (Goal HB-1) could be construed as the City support for an inappropriate use of public tidelands. The State Lands Commission also requested additional information regarding proposed policies and programs relating to tidelands leases and live-aboards. Staff has reviewed the comments by these agencies and has determined that the proposed Element does not contain any conflicts or inconsistencies with State law. However, if so directed, staff Harbor&Bay Eiemenc(PA2001-050) May 17.2001 Page 3 0 0 could add appropriate language to clarify the intent of the goals, objectives, and policies of the proposed Element to address the concerns raised by these agencies. Environmental Review In accordance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and City Council Policy K-3, an initial study was prepared for the proposed project. Based on the information contained in the initial study, staff has determined that the project does not have the potential to cause a significant effect on the environment. Therefore, a draft Negative Declaration has been prepared(Exhibit 3). The public review period for the draft Negative Declaration was from March 19, 2001 to April 18, 2001. Comments on the draft Negative Declaration were received from the following agencies: 1. Department of Toxic Substances Control. 2. California Coastal Commission. 3. California State Lands Commission. 4. County of Orange. 5. Department of Transportation. The Department of Toxic Substances Control commented that the Negative Declaration identify hazardous wastes/substances sources, contaminated sites, remediation mechanisms, potential threats associated with the release of hazardous materials, and regulatory oversight mechanisms. These comments are more indicative of those for a project involving physical development of a specific site. As stated in the initial study, while the proposed Element contains policies and programs that call for construction of harbor-related facilities, no specific sites or designs are identified. The proposed Element also contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could involve hazardous materials. However,these policies do not provide for an increase or decrease in the level of activity. Therefore,no significant impacts are anticipated. The Coastal Commission comments focused on the proposed Element rather than on the adequacy of the draft Negative Declaration. However, the Coastal Commission did recommend that an amendment to the LCP Land Use Plan be processed concurrently with the amendment for the proposed Element. This could be interpreted as identifying a potential land use conflict. The proposed Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone,but is not intended to supplant or modify the LCP Land Use Plan. Also, the Coastal Commission did not identify any specific conflicts with the LCP Land Use Plan and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. Therefore, staff believes that the proposed Element would not result in any significant land use impacts. The comments of the State Lands Commission and the County of Orange also focus on the proposed Element rather than on the adequacy of the draft Negative Declaration. Since these comments do not identify any conflicts or inconsistencies with an applicable land use plan, policy, Harbor&Bay Element(PA2001-050) May 17,200 a Page 4 or regulation, staff believes that the proposed Element would not result in any significant land use impacts. The comments from the Department of Transportation comments were merely statements of that agency's role and responsibility in the review of this and future projects. Recommendation Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council adopt General Plan Amendment No. GPA 2000-002(C). Submitted by: Prepared by: PATRICIA L.TEMPLE PATRICK J. ALFCRD Planning Director Senior Planner t GIC� Exhibits I. 04/17/01 draft of the Harbor and Bay Element. 2. Resolution recommending approval to the City Council, 3. Draft Negative Declaration. 4. Correspondence. Harbor&Bay Element(PA2 1-050) May I7,2001 Page 5 3 y This Page Intentionally Left Blank y4 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city." (Section 65303) of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or ] 04/17/01 3 ` 0 0 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit PoIicies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. er eytrp it Bay Lower Newport Bat' Newport Bay ' 2 04/17/01 3� 0 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1, Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats. boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to,and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related Iand uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, shall the protection of such land uses, activities, facilities, 3 04/17/01 -2�- r and services deny an owner viable economic use of the property. HB-I.I.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strate ies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial Iand use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. UtiIize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 04/I 7/0 t 0 0 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. S. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-I.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sates. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers now to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. 1 HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent,water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 04/I 7/O I Implementation Strategies i. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise,traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on sale boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 04/I 7/01 other factors to minimize impacts an residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.13. Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4. Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 04/17/01 0 0 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses'as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Im lementation 5trate i I. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and g 04/t 7ro 1 � Z ! 0 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community,and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 0 0 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian,vehicular, and boat access. Policies H13-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 04/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water duality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 1 l 04/17/01 � 5 0 0 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation. encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate Iand parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis, etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 04/17/01 �b ;_r enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community,visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis. etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 04/17/01 0 0 HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 04/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical development/appearance and cultural history of the Harbor. 15 04/17/01 0 0 Implementation StratM 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requester) by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 04/17/01 5� 0 0 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenanc equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 04/17/01 I 0 0 HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective FIB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 aa/t 7/01 Z 5 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy_ 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 04/17/01 .3 5 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement,generally for a period of one day or more. Dock. A structure generally linked to the shoreline,to which a vessel may be secured. A dock may be fixed to the shore, on pilings,or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands,or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 04/17/01 CL J r: Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) _Harbor Construction (Design Criteria and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses. Equipment, and Facilities. 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-aver-water structures; mooring maintenance and repair; waterborne debris and pollution control, collection and removal. This category also includes 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary,utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launchinp, Facilitv. A generic term referring to any location, structures (ramps, docks) and equipment(cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. .y Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored(in water)and/or dry-stored (on land/racks or on floating docks). Marine Sales and Service Uses & vessels. Uses and vessels, as well as related equipment, 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. 21 04/17/0I 5 Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Newvort Ba . The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier.A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier Pam. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Proiect Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. � Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- .powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water De endent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and 22 04/17/01 �� 0 0 enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses,dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services,docking, parking, offices and other water and land support facilities. .ti 23 04/I7/41 0 0 RESOLUTION NO.2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE ADOPTION OF A HARBOR ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT NO. GPA 2000- 002 (C)) WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay;and WHEREAS,on May 17,2001,the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed Harbor and Bay Element;and WHEREAS,the public was duly noticed of the public hearing;and WHEREAS,Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the Cif of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment No. GPA 2000-002 (C) to comprehensively update the Recreation and Open Space EIement of the General Plan, as provided in Exhibit"A." 1 0 0 NOW,THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study,comments received,and all related documents,the PIanning Commission finds that there is no substantial evidence that the project could have a significant effect on the environment,therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. ADOPTED this I7th day of May 2001, by the following vote, to wit: AYES NOES ABSENT BY Edward Selich, Chairman BY Steven Kiser, Secretary 2 5� AY OF NEWPORT BEAPH NOTICE OF COMPLETION and Environmental Document Form To: State Clearinghouse From: City Of Newport Beach 1400 Tenth St.,Rm. 121 Planning Department Sacramento,CA 95814 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92658-8915 (Tel.No..9161445-06I3) (Orange County) Contact Person: Patrick J.Alford SCH# Senior Planner Tel Nt o.: (949)644-3200 Project Location: Citywide Cross Streets SR E and SR 55 Total Acres 1 563 160 __ A.P.No. idumerous Section_26 Twp._7S Ranue 10W Base_Sari Bernardino Within 2 Miles: State Hwy#._SR 1,SR 55, SR 73 Waterways:_N_ewport Bav Airports: John Wane Railways: None Schools:_See attached.—- Present Land Use/Zoning/General Plan Use: Various Project Description: An amendment to add a Harbor Element to the General Plan. Document Type CEQA: NEPA OTHER 0 NOP Supplement/Subsequent 0 NOT 0 Joint Document >D Early Cons Q EiR(Prior SCE Rio-) 0 EA 0 Final Document Neg Dec 0 Draft EIS d Other 0 DraWEIR d Other FONSI Local Action Type 0 General Plan Update © Specific Plan 0 Rezone 0 Annexation 0 General Plan Amendment 0 Master Plan 0 Prezone 0 Redevelopment General Plan Element ❑ Planned Unit Dev- 0 Use Permit 0 Coastal Permit Q Community Plan O Site Plan ❑ Land Division(Sub-division Parcel Map,Tract map,ezt) 0 Other Development Type 0 Residential: Units Acres © Water Facilities: Type MGD © Office: Sq.tt Acres Employees 0 Transportation: Type 0 Commercial:Sq.tL Acres Employees © Mining: Mineral 0 Industrial: Sq.lt Acres Employees 0 Power: Type Watts 0 Educational: ❑ Waste Treatment: Type d Recreational ❑ Hazardous Waste: Type ti Other: Project Issues Discussed in Docurrfit 0 Aesthetic/.-W I$ FloodPlain/Flooding 0 Schooisiuniversities Water Qum iry 0/ Agricultural Land � Forest Land/Fire hazard 0/ Septic Systems dj Water SupplylGroundwate., 0 Air Quality GeologlG$Clsmic Sewer Capacity Il Wcdand[Riparian Archeologic(Historic 0 Minerals Wildlife 0 Soil ErosionlCompactiordGrading Coastal Zone L°1 Noise 0 Solid Waste 0 Growth Inducing 0 Drainage/Absorption 0 Popuiatiorv'Housing/Balartce Toxic/Hazardous 0 Land Use d Economic/Jobs d Public Service/Facilities © TrafclCirculation a Cumulative Effects 0 Fiscal Recmation/Parks a Vegetation 0 Other F:lUSERSIPLM l FOR,1viSlN EG•DECl43NOCOPR-DOC- �G C Harbor and Bay Element Notice of Completion Schools located within 2 miles of the project.site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln EIementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School Cl,I Y OF NEWPORT BEA1H 3300 Newport Boulevard -P.O. Box 1768 Newport Beach,CA 92658-8915 (949)644-3200 NEGATIVE DECLARATION To: From. City of Newport Beach Planning Department Office of Planning and Research 3300 Newport Boulevard-P.O. Sox 1768 X P.O.BOX 3044 Newport Beach,CA 9265 8-89 1 5 Sacramento,CA 95812-3044 (Orange County) County Cleric.County of Orange Public Services Division P.O.Box 238 Date received for Filing at OPR/County Clerk: Santa Ana,CA 92702 Public review period.- March 19, 2001 to April 18, 2001 Name of Project: Harbor and Bay Element Project Location: Citywide Project Description: A General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in iVewport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open S ace Elements. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ® attached ❑ on file at the Plannine Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-maker(s)prior to final action on the proposed project. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans,studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. "t If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project,why they are significant,and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions o would like further information,please contact the undersigned at(949)644-3200. Date March 16 2001 Patrick J.Alford Senior Planner Fi%USERSTLt]1SHARED]IFQk MS\NPG-DE003NECiDEC.DOC rz �0-. 1P.. CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Harbor and Bay Element 2. Lead Agency Name and Address: City of Newport Beach PIanning Department 3300 Newport Boulevard, Newport Beach, CA 92658-8915 3. Contact Person and Phone Number: Patrick J. Alford,Senior City of Newport Beach Planning Department (949) 644-3235 4. Project Location: City-wide S. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 6. General Plan Designation: NIA 7. Zoning: N/A 8. Description of Project: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Opera Space Elements. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Current City-wide ' Development: To the north: Cities of Costa Mesa and Irvine To the east: Newport Coast annexation area and City of Laguna Beach To the south: Pacific Ocean To the west: Cities of Costa Mesa and Huntington Beach 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. Harbor&Bay Element Page l I tNo� , 1-- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Transportation/ ❑ Public Services Circulation ❑ Population &Housing ❑ Biological Resources ❑ Utilities & Service Systems ❑ Geological Problems ❑ Energy & Mineral ❑ Aesthetics Resources ❑ Water ❑ Hazards ❑ Cultural Resources G Air[duality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effects}on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or"potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ Harbor&Bay Element r Page 2 �� I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ❑ 03/14la1 Submitted by: Patric 1. Alford, Senior Planner Signature Date Planning Department 4� 03I14/01 Prepared by: atrick . Alford Signature Date FAUSERSTLMSHAREDIIFORMSWEG-DECOOCKLIST.DOC Harbor& Bay Element Page 3 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect ID ❑ ❑ Q on a scenic vista? b3 Substantially damage scenic Cl ❑ ❑ Q resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? cy Substantialiy degrade the existing ❑ ❑ ❑ Q visual character or quality of the site and its surroundings? C) Create a new source of substantial ❑ ❑ ❑ [, light or glare which would adversely affect day or nighttime views in the area? il. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ p Farmland,or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ �B agricultural use,or a Williamson Act contract? c) Involve other changes in the ❑ ❑ ❑ Q existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? Harbor&Say Element page 4 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated Ili. AIR QUALITY. Would the project: a) Conflict with or obstruct Cl ❑ ❑ 21 implementation of the applicable air quality plan? b) Violate any air quality standard or Cl ❑ ❑ Q contribute to an existing or projected air quality violation? c} Result in a cumulatively ❑ ❑ Q ❑ considerable net increase of any criteria pollutant for which the project region is nor-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ Q ❑ substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ 0 ❑ a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a} Have a substantial adverse effect, Cl ❑ Q ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations 'S or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect an ❑ ❑ Q ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fists and Wildlife Service? Harbor&Bay Element Page 5 �� Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigation Incorporated ' c] Have a substantial adverse effect on ❑ ❑ ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption,or other means? d) Interfere substantially with the ❑ ❑ Q ❑ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ❑ 0 Q ❑ ordinances protecting biological resources,such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ ❑ [ ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse [] ❑ ❑ change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse ❑ ❑ [. ❑ change in the significance of an archaeological resource pursuant to §15064.5? c} Direcdy or indirectly destroy a ❑ ❑ p ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, i❑ ❑ ❑ including those interred outside of formal cemeteries? Harbor&c Say Element Page 6 Potentially Potentially Less than No Significant Significant Significant Impact Impact unless impact Mitigation Incorporated V!. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ r❑ potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake ❑ ❑ ❑ Q fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. €i} Strong seismic ground ❑ ❑ Q ❑ shaking? iii)Seismic-related ground failure, ❑ ❑ Q ❑ including liquefaction? iv} Landslides? ❑ ❑ ❑ B b) Resuit in substantial soil erosion or ❑ ❑ ❑ B the loss of topsoil? c} Be located on a geologic unit or soil ❑ ❑ Q ❑ that is unstable, or that would become unstable as a result of the project and.potentially result in on- or off-site iandslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil,as ❑ ❑ ❑ Q defined in Tabie 18-1-B of the Uniform Building Code(1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Harbor&Bay Element Page 7 4 Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigation Incorporated VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the �] ❑ ❑ public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the ❑ ❑ Q Cl public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c} Emit hazardous emissions or ❑ ❑ Q ❑ handle hazardous or acutely hazardous materials, substances, or waste within one-quaver mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ Q included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land ❑ ❑ ❑ [Q use plan or, where such a plan has not been adopted-, within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a ❑ ❑ ❑ 0 private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ C] ❑ a physically interfere with an adopted emergency response plan or emergency evacuation plans? Harbor&Say Element Page 8 Potentially Potentially Less than No Significant significant significant impact Impact unless Impact Mitigation Incorporated h3 Expose people or structures to a ❑ ❑ ❑ B significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wiidfands? Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ [p or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ Q supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the Iocal groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which woufd not support existing land uses or planned uses for which permits have been granted)? c} :Substantially alter the existing ❑ ❑ ❑ p drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantiai erosion or siltation on-or off-site? d) Substantially alter the existing ❑ ❑ ❑ Q drainage pattern of the site or area, including through the alteration of a ' course of a Stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? e) Create or contribute runoff water ❑ ❑ ❑ fQ which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Harbor&Bay Element Page 9 Potentially Potentially Less than No SIgnifieant Significant Significant Impact Impact unless Impact Mitigation Incorporated f} Otherwise substantially degrade ❑ ❑ Q ❑ water quality? s7 Place housing within a 100-year 0 ❑ Q ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? hj Place within a 100-year flood ❑ ❑ [,.� ❑ hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a ❑ ❑ Q ❑ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j} Inundation by seiche, tsunami, or ❑ ❑ 0 ❑ mudflow? IX. LAND USE AND PLANNING. Would the proposal: a7 Physically divide an established El ❑ ❑ Q community? b) "Conflict with any applicable land use ❑ ❑ ❑ F] plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c} Conflict with any applicable habitat ❑ ❑ ❑ ,Q conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ ❑ ❑ 0 known mineral resource that would be of value to the region and the residents of-the state? 7— Harbor&Bay Element Page 10 ��rr Potentially potentlaily Less than No significant SIgnificant Significant Impact Impact Unless Impact Mitlgatlon Incorporated ' b) Result in the loss of availability of a ❑ ❑ ❑ Q locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? c) Displace substantial numbers of ❑ ❑ ❑ 0 people, necessitating the construction of replacement(lousing elsewhere? XI. NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ Q ❑ generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or ❑ ❑ Q ❑ generation of excessive groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ❑ ❑ Q ❑ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic [p ❑ 0 ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ '❑ airport land use land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive Eloise levels? f} For a project within the vicinity of a ❑ ❑ ❑ Q private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Harbor&Bay Element Paget 1 r Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigation Incorporated XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ Q growth in an area, either directly (for example, by proposing new homes and businesses)or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ Q existing housing, necessitating the construction of replacement housing elsewhere? cy Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES ❑ ❑ ❑ B Would the project a] Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to Maintain acceptable service ratios, response times or other performance objectives for any of the public services: ..y Fire protection? ❑ ❑ ❑ Q Police protection? ❑ ❑ ❑ Q Schools? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ❑ B ry L� Harbor&Bay Element Page I2 .ram Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated XIV. RECREATION a) Would the project increase the use ❑ ❑ ❑ Q of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ � C3 Q recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?opportunities? XV. TRANS PORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ Q substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or ❑ ❑ p Q cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ ❑ ❑ Q pattems, including either an increase in traffic levels or a change in location that results in substandaf safety risks? d) Substantially increase hazards due ❑ Cl ❑ Q to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ Q access? i Harbor&Bay Element Page 13 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ' fy Result in inadequate parking p ❑ ❑ [j capacity? g) Conflict with adopted policies, plans, ❑ ❑ ❑ 0 or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XV1. UTILITIES&SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ ❑ p ❑ requirements of the applicable Regional Water Duality Control Board? b) Require or result in the construction ❑ ❑ p ❑ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c} Require or result in the construction ❑ ❑ Q ❑ of new storm water drainage facilities or expansion of existing - facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ [, Cl available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ [, p wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providees existing commitments? f} Be served by a landfill with sufficient ❑ ❑ ❑ Q permitted capacity to accommodate the project's solid waste disposal needs? Harbor& Bay Element Page 14 Potentially Potentially Less than No Significant Significant significant impact Impact Unless Impact Mitigation Incorporated g) Comply with federal, state, and focal ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential ❑ ❑ ❑ Q to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ Q are individually limited, but cumuiativety considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects.) c) Does the project have ❑ ❑ ❑ Q environmental effects which will cause substantial adverse effects on human beings, either directly or Indirectly? y XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier E1R or negative declaration. Section 15063(c)(3)(D)_ In this case a discussion should identify the following an attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Harbor&Bay Element Page 15 �� c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. . Harbor&Bay Element Page 16 CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Harbor and Bay Element General Plan Amendment No.2000-1 (C) PROTECT DESCRIPTION The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bav and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. ANALYSIS L AESTHETICS The Harbor and Bay EIement contains policies and programs intended to preserve and enhance the visual character of Newport Harbor and Newport Bay. II. AGRICULTURAL RESOURCES No agricultural lands or resources are affected by the policies and programs contained in the Harbor and Bay Element. III. AIR QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by motorized watercraft, including recreational boats, passenger/sightseeing boats, passenger-fishing boats, and entertainment boats, which impact air quality. However, these policies do provide for an increase or decrease in the level of activity. Therefore, no significant impacts to air quality are anticipated. IV. BIOLOGICAL RESOURCES The Harbor and Bay Element contains policies and programs intended to protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. The Harbor and Bay Element contains polices and programs recognizing the necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment. However, such activities will continue to be conducted through Harbor-wide maintenance dredging permits, which are reviewed and approved by all agencies with,jurisdiction over the Harbor. V. CULTURAL RESOURCES The Harbor and Bay Element contains policies and programs that call for construction of harbor-related facilities, although no specific sites or designs are identified. Such facilities could be constructed in areas where archaeological or paleontological resources are expected to exist on the site; the necessary investigations and precautions will be instituted to ensure preservation of such resources. The Harbor and Bay Element contains policies and programs-intended to encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. VI. GEOLOGY AND SOILS The Harbor and Bay Element contains policies and programs call for construction of harbor-related facilities, although no specific sites or designs are identified. The area in and around Newport Bay is subject to strong seismic ground shaking and has a historic occurrence of liquefaction; Local geological, geotechnical and groundwater conditions also indicate potential for permanent ground displacements. However, all new development will be required to incorporate measures to reduce risks to acceptable levels. VII. HAZARDS AND I-LA ZARDOUS MATERIALS The Harbor and Bay Element contains policies that allow for the continued use of .Newport Harbor by residential, commercial, recreational, and maintenance activities could: involve- hazardous materials: However.-these--policies., do not provide--for an increase or decrease, in the level of activity.. Therefore;. no significant impacts. are anticipated_ VTII. HYDROLOGY AND WATER QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities, which could impact water quality. However,these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to ensure that the water quality in Newport Bay Harbor meets Federal, State and local standards. Therefore, no significant impacts are anticipated. The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance land uses and activities, which are in areas subject to flooding and potentially to seiche, and tsunami hazards. However, these policies do not provide for an increase or decrease in the level ....of activity-and individual projects will be required to incorporate appropriate mitigation measures.. Therefore,no significant impacts are anticipated. IX. LAND USE AND PLANNING The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements_ The Harbor and Bay Element is also intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program. X. MINERAL RESOURCES No mineral resources are known to exist in Newport Bay or the surrounding area Therefore,there is no impact. XI. NOISE The Harbor and Bay Element contains policies that allow for the.continued use of Newport Harbor by commercial, recreational., and maintenance activities, which could impact adjacent residential areas. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to control and mitigate noise-related land use conflicts. Therefore,no significant impacts are anticipated_ XII. POPULATION AND HOUSING The Harbor-and Bay Element contains no policies that would result in any. growth or reduction in the area's population. Therefore, no significant impacts are anticipated. XIII. PUBLIC SERVICES The Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XIV. RECREATION The Harbor and Bay Element contains polices- and programs that will maintain or increase recreational facilities and opportunities in and around Newport Bay. Therefore, no significant impacts are anticipated. g! t�" {J' t XV. TRANSFORTATIONITRAFFIC The Harbor and Bay Element contains polices intended to minimize traffic and parking impacts associated with the various uses of Newport Bay. Therefore, no significant impacts are anticipated_ XVI. UTILITIES & SERVICE SYSTEMS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by uses that could impact water and wastewater systems. However, these policies do not provide for an increase <)r decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVIL MANDATORY FINDINGS OF SIGNIFICANCE The Harbor and Bay Element is also intended to provide general policy guidance for uses of the water and waterfront property in Newport Bay. This includes polices intended to enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Therefore, it does not have the potential to substantially impact fish, wildlife, or plant species. No significant cumulative impacts are associated with the adoption of the Harbor and Bay Element_ There are no known substantial adverse effects on human beings that would be caused by the adoption of the Harbor and Bay Element- 0 0 .A.RDELL INVESTMENT COMPANY .2077 WEST COAST HIGHWAY POST OFFICE BOX 1715 NEWPORT BEACH,CALifORMA 92659 {9491 64-1626 March 20, 2001 Mr. Tony Melum, Director Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 92638-8915 Re: General Plan Harbor and Bay Elemen Dear Mr. Melum: Thank you for the opportunity to reply to your letter of March 6, 2001 which included a copy of the General Plan Harbor and Bay Element. Ardell Investment Company is the owner of a property with 700 feet of lineal frontage on Newport Bay. Our principal concern after reviewing the Harbor and Bay Element is the economic viability of properties which are not developed to their highest and best use at this time. It appears that many of the existing water-related commercial uses in the Harbor which are advocated in the document do not generate sufficient revenues to justify such uses on valuable bayfront parcels. We would hope that land use regulations applicable to waterfront property will continue to allow uses that can generate sufficient income to justify development. The current limited zoning along Mariners' Mile is a deterent to quality development. Land uses should be expanded beyond the narrow water- dependent and water- related uses included in the Harbor and Bay Element. Property Owners must be allowed viable economic use of their property if quality development is to occur on the bay, especially in the Mariners' Mile area. Maintaining and enhancing the charm and character of the Harbor as suggested are laudable goals; however, quality development on the bay will not occur if there is undue emphasis on water dependant and water related uses. Thank you. Sincerely, D.T. Daniels Vice President S� From: Campbell, .uses Sent: Tuesday, March 20, 2001 4:34 PM To: Alford, Patrick Subject: FW: Mariner's Waterfront/Harbor & Bay Element -----Original Message----- From: Keenan Smith (mailto:keenanQcitylightsdesign.COMI Sent: Tuesday, March 20, 2001 1:31 PM To: Norma Glover; Sharon :Mood Cc: Jim Campbell.; Lee Anne Kirby; Tal Jackson Subject: Mariner's Waterfront/Harbor & Say Element Norma, Sharon, et al. . . I spent a few moments in the last couple of days reviewing the proposed " arbo, and Bay Element" which Mark Murrell distributed at our last Mariner' s Mile Business Owner's Association meeting on March 14. My reaction is that it is a good piece of comprehensive planning work, focusing on policies which preserve, enhance and promote efficient operations on one o= Newport's most obvious assets. In thinking about the goals, policies and implementation suggestions of the Harbor and Say Element vis-a-vis our work on Mariner's Mile, the following connections, thoughts and recommendations come to mind: I: Support Passage and Approval. --------------------------------- The approval of the Harbor and Say Element allows it to "take the lead" in establishing, strengthening and supporting policies co-comminant with our strategic objective of promoting a vibrant public waterfront on Mariner's Mile. It makes it a little easier for us. 2. Coordinate Efforts. ----------------------- We should Look for areas of policy co-alignment and implementation strategies which can mutally reinforce the Mariner's Mile Waterfront and Harbor/Bay Element objectives. I think there are many of these, such as: pedestrian walkways and connections, incentives to protect water-dependent, water-related and water-enhanced uses, establishing guidelines to preserve the marine character of the waterfront, etc. 3. Re-visit the Waterfront Strategies of the Mariner's Mile Strategic Vision. If the Harbor and Bay Element zs successfully initiated, we may wish ,to ,e-v_s;t our concepts and ideas in appropriate sections of the the Strategic Vision: and Design Framework with an eye to coordinating and cross-referencing the two documents, and reinforcing strategies for the waterfront along Mariner's :Sine. 4. Mariner's Waterfront: Demonstration Project. ------------------------------------------------ Taking one step further, would it make sense at some point to build on the potential momentum created by the Harbor and Bay Element by perhaps initiating a "Mariner's Waterfront Concept ?Ian" which proposes implementation of some the key concepts and applicable ideas? We have said all along that the waterfront on Mariner's mile is it's most important but best hidden asset. Maybe the time has come (or is close at hand) for moving some of our ideas forward, underwritten, propelled and reinforced by the policies of the impending Harbor and Bay Element. 5. A Larger Vision. -------------------- In summary, I think the proposed Harbor and Bay Element is worthy loath for its motives and content, and holds obvious implications and perhaps even promise for the overall strategic objectives we've been working on for the waterfront on Mariner's Mile. After "The Village, " I'm thinking "The Waterfront" may be "the next piece" we work on implementing. "The Waterfront" would connect to (and reinforce) the sense of place we are trying to create in "The Village." Taken together, a comprehensive and coordinated plan for both the "Village" and "Waterfront" would create a backbone for positive redevelopment and set the stage for a potentially incredible tranformation of Mariner's Comments invited. thanks, Keenan --------------------------- City Lights Design Alliance P.O. Sox 1166 Dripping Springs, Texas 78620 tellfax 512-264-3031 5 Weber Plywood & Lumber Co., Inc. March 21, 2001 Tony Melum, Director Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 926588-8915 Dear Mr. Melum: I am in receipt of your letter of March 6, 2001 regarding the General Plan Harbor and Bay Element I have read it thoroughly and all I can say is that it all sounds good until we get to the bottom line. My concern here is you can't do all these things without hiring a lot of people and having to pay for them. So, my question becomes how are you going to implement the revenue and in what areas, from whom, why, when and how many people are you going to have t mploy to do all these things—that's the bottom line. 1 certainly would like a ply to these questions. I am an owner and have a boat slip in front of my ho a but I'm not just concemed with that, I'm concerned with the whole area. 1 w uld,appreciate hearing.from you. Best reg , n er 7 7 L o Park Dr. No ort Beach, CA 92663 L' _ Department of Toxic Substances Control r Edwin F. Lowry, Director 5796 Corporate Avenue Winston H. Hickox Cypress, California 90630 Gray Davis Agency Secretary Governor California Environmental Protection Agency March 28, 2001 PLANiV1NG D_:FA'Pi'.tEN! C1TYn- �' ANI PM Mr. Patrick J. Alford 7181911.01 i; ,2;i„1=1516 Senior Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT - 2001031075 Dear Mr. Afford: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The N❑ needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whelher conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. The energy challenge facing califomia is real. Every calitomian needs to take immediate action to reduce energy consumption- For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at www.dtsc-ca.gov. Mr. Patrick J. Alford March 28, 2001 Page Two 5) The ND indicates the presence of 14 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study should be conducted to provide basic information for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and faculty members attending the schools. 6) if during construction of the project, soil contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented. if it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCR). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479. Sincerely, J� Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, California 95814 Mr. Guenther W, Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 �r� � s STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS-Govemor CALIFORNIA COASTAL COM MISSION South coast Area office 200 Oceangate.Suite 1000 RECEIVED By a Long Beach,CA 90802-4302 (562)590_5071 PLANNING DEPARTMENT CITY DE NE'�1°oF T 11 p'nH'�3, 2001 Patrick J. Alford Senior Planner 1';� �GII City of Newport Beach AM PNI Planning Department 71$14{14111i?J;4- 1=1514 3300 Newport Boulevard—P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Harbor and Bay Element City of Newport Beach General Plan Amendment SCH # 2001031075 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay Element of the City's General Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment wi€I affect the City's certified Land Use Plan (LUP). Based on our review of the proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP (as will be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review, Certified Land Use Plan LUP The Harbor and Bay Element states that the document is and intended to supplant or modify the Land Use Plan of the City's Local Coastal Program," in addition, the Initiai Study checklist identifies "no significant impact" in response to question IX (b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in the Newport Harbor area. Not only does the document discuss land use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged lands, etc.) that would be retained even if the City were to achieve LCP certification in the future. As such, we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. If not structured to be consistent'.ith the certified LUP and the policies of the Coastal Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the polices of the LUP and Coastal Act will take precedence during review of a project in the Newport Harbor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review is required, Therefore, it is feasible that an applicant may beiieve that since their project meets the policy intent of the City's Harbor and Bay Element, that Commission approval is a "given." To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be incorporated into the document that outlines the Coastal Commission's coastal development permit (CDP) process for applicants. Land Uses When discussing the diversity of land uses (page 3), the Harbor and Bay E€ernent identifies "wafer dependent"uses as the highest priority, "water related"uses as the second priority and "wafer enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities." QCr Page 2of4 As defined in Section 30101, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at all"and "coastal- related development"means any use that is "dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent nor coastal-related. Parking Waivers and Other incentives The document repeatedly refers to the use of"parking waivers." Section 30252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking to serve the demand it creates. By waiving parking requirements, a deficiency may be created which would adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed (i.e. through in fieu fees to construct a shared parking garage). The proposed document also refers to density bonuses, transfer of development rights and floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate visitor-serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and Say Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideland Leases The Harbor and Bay Element addresses the "use of long term tideland leases rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed "long-term" tideland leases differ from the current system? Would the use of a long-term program be consistent with the City's tidelands grant statutes (Assembly gill No. 1422, 1878)? Vessel Berthing and Storage The proposed document discusses the encouragement of guest dock capacity throughout the City (page 7). It appears that some of these are private facilities (ex. yacht clubs) and some public (ex. City facilities). Commission staff would encourage the expansion of facilities wherever possible. The allowance of"live-aboards" is also discussed in this section of the document. What type of off- street parking requirement would be applied for this type of use? Are these currently allowed under City ordinances and how is the use regulated? The section also discusses the continued authorization of "piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy (and others throughout the Harbor and gay Element) allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. The proposed GP amendment should include policies that require private residential development and associated docks to be designed so as not to adversely affect pubiic access or recreation. For example, private docks crossing public land (seaward of the MHTL) obstruct lateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance public access wherever possible. Specifically, the pier and dock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of f€II of coastal waters, etc.) S� Page 3 of 4 Dre�, dg�ng Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing. Commercial Development The proposed Harbor and Bay Element addresses the redevelopment of existing commercial areas. The provision of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of "public access detours" through areas developed with marine sales and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of'these activities in order to allow unobstructed public access, thereby minimizing or avoiding conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the loss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way. Water Quality While we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Visual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of "new or renovated bulkhead permits." The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures. Section 30233 of the Coastal Act limits fill to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply... The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, if the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land lost through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). � l Page 4 of 4 Administration The proposed GP amendment discusses the creation of a 'reference document"that would assist applicants understand and comply with 'all Harbor and Bay regulatory and permitting processes." Until the City obtains a certified LCP, coastal development permits will be required from the Coastal Commission. Consequently, it is important to outline the Commission's CDP process as part of any reference document. Sensitive Natural Resources Beach nourishment and dredging are discussed on page 18. However, there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of "comprehensive program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City's Harbor and Bay Element. if you have any questions, feel free to call me at (562) 590-5071. Sincerely, -ad-4-- Anne L. Kramer Coastal Program Analyst cc: State Clearinghouse File STATE OF CALIFORNIA GRAY DAVIS, Govemor CALIFORNIA STATE LANDS COMMISSION PAUL D. THAYER, Executive Officer 100 Howe Avenue, Suite 100-South (916)574-1800 FAX(916)574-1810 Sacramento, CA 95$25-$202 Califamia Relay Service From TDD Phone 1-804-735-2922 from Voice Phone 1 840-735-2929 Contact Phone: (916) 574-0234 Contact FAX.- (916) 574-1955 April 16, 2001 File Ref: G09-02 Ms. Nadel( Gayou The Resources Agency 1020 9th St;eet, 3rd Floor Sacramento, CA 95814 p—' A, N".lNG D P T -1ENT Mr. Patrick J. AIford, Senior Planner 0Ii .I City of Newport Beach AN1 PN1 3300 Newport Beach -- P.D. Box 1768 7161;g[_�-0I I Z y(1,413,41516 Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr, Afford; Staff of the California State Lands Commission (CSLC) has reviewed the Negative Declaration (ND) for the proposed General Plan Amendment to adopt a new optional element of the General Plan, SCH #2001031075. According to the information provided, the proposed Harbor and Bay Element addresses uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Based on our review of the materials provided, we offer the following comments. Under the California Environmental Quality Act (CEQA), the City of Newport Beach is the Lead Agency and the CSLC is a Responsible and/or Trustee Agency for any and all projects that could directly or indirectly affect sovereign lands, their accompanying Public Trust resources or uses, and the public easement in navigable, waters. The Proposed Harbor and Bay Element area includes: ■ Sovereign lands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of ■ Ms. Nadeff Gayou Mr, Patrick J. Alford April 16, 2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign lands were granted back to the CSLC and leased (PRC 5091) to the California Department of Fish and Game €CDFG3 for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal HB-1 #5 "Waterfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide line, nearly all of those lands involved are likely to be subject to the Public Trust Doctrine and the granting statutes. Objective HB-1.2, implementation Strategies, #5, states "Consider the use of long-term tideland Ieases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats, and structures on tid;lands." The granting statutes (referenced above) state that the City may grant leases on tidelands not exceeding 50 years. General practice of the CSLC is to grant leases not exceeding 10 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy HB-1.3.5, would "Allow `five-aboards' subject to restrictions on the number of`live-aboards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal."What are the details of such restrictions? How many live-aboards are there now? Residential use of Public Trust lands is allowed only to provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard. We appreciate the opportunity to comment. If you have any questions or comments concerning the CSLC's jurisdiction, please contact Jennifer Reischman, Public Land Management Specialist, at (915) 574-0234. sincerely, CJ Dwight E. Sanders, Chief DivisiT of Environmental Planning And M gement cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman THOMAS S. MATHEWS County of DER�cTOR C f Orange +7300 .I. nowR ST. SANTA ANX CALIFORNEA stir Planning & Development Services Department s�rgo� MAILNG ADDRESS. P.O. BOX 4048 SANTA ANA.CA 9?702 iW8 NCL 01-24 April 17, 2001 Patrick J. Alford, Senior Planner City of Newport Beach -� t�~� Planning Department P1.ANNU, DEPARTMENT CITY OF 3300 Newport Boulevard tE , u wh 1I P.O. Box 1768 r'�i`1( Newport Beach,CA 92658-8915 ANI PN1 SUBJECT: Negative Declaration for the Harbor and Bay Element Dear Mar. Alford: The above referenced item is a Negative Declaration(ND)for the City of Newport Beach. The proposed citywide project is a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The County of Orange has reviewed the ND and offers the following comments regarding open space and recreation. A. The proposed element should acknowledge provision and operation of County Harbor Patrol service which includes,but is not limited to,boating assistance and emergency assistance both in Newport Harbor and the high seas. B. The County of Orange owns significant tidelands in Newport Harbor.. Examples consist of both water and land including Harbor Patrol headquarters, Bayside Drive Beach and Newport Dunes Aquatic Park,and most of the outer perimeter of Harbor Island. The proposed element should also acknowledge this information within the proposed elen:3nt. Thank you for the opportunity to respond to the ND. If you have any questions,please contact me or feel free to call Charlotte Harryman directly. Charlotte may be reached at(714) 834-2522. Very truly yours, George B ' on, Manager Environmental and Project Project Planning Services Division CH Ci�► STATE OF CALIFORNIA---BUSINESS AND TRANSPORTATION AGENCY GRAY DAWS,Goven DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive suite 100 Irvine,CA MI2-M1 April 18th, 2001 Patrick J. Alford File: 1GRICEQA City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.O. Box 1768 Newport Beach , CA 92685-9815 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative Declaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements.. Caltrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: ■ All of the elements of a General Plan, whether mandatory or optional, must be consistent with one another. • The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. • The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. • The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. ck April 18, 2001 Page 2 ■ Adequate mobility and choice for the Transportation of people and goods. • Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caltrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at(949) 724-2267. Sincere y, Robert F, JoseFh,lhie. � Advanced Planning Branch cc: Terry Roberts, CPR Ron Helgeson, HDQRTRS Planning Roger Kao, Hydraulics 4� RAC=-NED SY PLANNING [D:-PARTMENT CITY 0= NFG'•'n 7"E.Av`''. Dear Mr. Alford, ANI PN1 71819110111112-w'1112131 115l6 I have two concerns about the Harbor and Bay Element of the proposed General Plan. The first is noise. At your meeting it was inferred that there is already an element in the general plan that controls noise. It is not working? In our area there are two major offenders. The first is the Balboa Bay Club. On Friday and Saturday nights, especially in the summer they have outdoor parties with bands that play so loud that outdoor living at any home on Via Lido Nord is impossible. I have complained verbally and in writing to the Bay Club and to the police. Nothing changes. The second is the increasing number of large party boats on the bay, especially the Hornblower group. I understand the need for public access to the bay and know that there is a ten o'clock curfew, but there are more of these boats every year and the noise level before ten would be unacceptable on any residential street in Newport. Why is it tolerated for those of us who live on or near the bay? My other concern is water pollution. At your meeting I suggested dye tablets as occurs in Avalon. The inference from those who responded was that it was impractical and unenforceable. I disagree. How about a trial run? First a large publicity campaign stating that the tablets would be placed at random, that violators would receive large fines and be banished from the bay for twelve months. A phone number could be included for the public to call and report violators. Then put two to three hundred tablets in boats at random and see what happens, Incidentally, the legality of fines and banishment has been successfully tested in court by the city of Avalon. I will look, forward to your future meetings and will hope that your efforts will enable us to avoid destroying the bay in the name of public accessLrho f Sincere[ Fritz t 662 Via Lido Nord Newport Beach, Ca. 949-673-0926 JAMES E . MUNROE RECE1VEDgY PLANNING NF DEPARTMENT ACM CITY O MAY 10 2001 PM May 5,20011 AM City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658-8915 Attention: Mr.Patrick Alford Senior Planner Subject: Harbor and Bay Element Please consider the following additions to the 11/15/00 text discussed at the open hearing on 4/11/01. The suggested changes would bring consideration to the residential requirements of the neater-related uses. Page 3 Goal HB-1 paragraphs r. Waterfront residential communities (add} "including water-dependent and water-related and water-enhanced uses of beaches and piers." Page 8 Objective paragraph 3 Facilitate necessary periodic dredging for safe navigability and access to marinas, (add)"facilities and residences" Page 22 definitions Water Dependent Use boatyards,yacht/sailing/boating/fishing clubs,(add)"residences". Adding this terminology would give consideration to residential uses equivalent to that given the comerlercial uses. Sincerely, G . ]ernes E.Munroe 1310 SOUTH BAY FRONT BALBOA ISLAND • 92662 PHONE. 949 673.6497 ■ PAX- 949 6763.4021 i City of Newport Beach DRAFT } Planning Commission Minutes ' ► { May 17', 200T =_ �.__ _.:w�..rJ INDEX e slowly developing new budget nodules and line items to transfer these stu 'es into the operational budgets of the various departments as opposed to the ital Improvement Program, which really should be for infrastructure and physic ' provements. Commission Gifford asked about the Storm Drain Improvement Program on page 9 noting of most of the funding is going to Balboa Boulevard from Medina to 1211, St f. Are there future years in which Balboa Boulevard storm drain improvements e being funded? Mr. Edmonston answere at there are on-going projects. The next one is from 121n to 16'h Streets and fr there on up. There is a series of matching improvements and this bud item will be used to do the drainage work associated with each phase. Commissioner Gifford then asked if th e is any overlap with the improvements here for storm drains and the improvem is to Balboa Village? Mr. Edmonston answered that the Balboa VE ge project has ❑ more complex series of fundings associated with it. There is dr ' age work in that project, but if it shows up here, it is my understanding tha the Balboa Village item is separate and not in this item. Motion was made by Chairperson Selich that the Plan ' g Commission finds that the Capital Improvement Program EY 2001-02 is nsistent with the General Plan, Zoning Code and other planning policy docu enfs and direct staff to present this recommendation to the City Council. Ayes: McDaniel, Kiser, Agajanian,Selich, Gifford,Tucker Noes: None Absent: Kranzley SUBJECT. Proposed Harbor and Ray Element Item No.5 • (PA200I-050) PA200I-050 The Harbor and Bay Element is a new optional element of the General Plan Recommerided for intended to address uses of the water and waterfront property in Newport Bay Approval and Harbor. Senior Planner Patrick Alford noted the following excerpts from the staff report: • Add a new element to the General Plan. • The new element would provide for five major goals: Diverse use of the harbor by setting priorities of land use established by current Local Coastal Program and the Coastal Act. Public access to the Harbor, provision of parking, launch ramps, moorings and other forms of access. 4 l�� City of Newport Beach DRAFT Planning Commission Minutes May 17, 2001 INDEX Environmental protection with the emphasis on water quality and cooperation with the various resource agencies that have jurisdiction over the Harbor and Bay, particularly the Upper Newport Bay Visual character with the emphasis on the aesthetics of harbor structures and the protection of harbor landmarks. > Administration with emphasis on coordination with the County, State and Federal agencies that have jurisdiction over the waters of the harbor and the provision for the facilities necessary for the on-going administration and maintenance of the harbor • The Economic Development Committee reviewed this proposed element and has unanimously recommended that the Planning Commission recommend approval to the City Council. • This item is to be reviewed by the Environmental Quality Affairs Committee on May 215r Commissioner Tucker questioned at what point does the Planning Commission jurisdiction start and what is to be done when an application is received. The Element seems to deal with what starts as the project line into the Bay, but there are references to what happens on the land that is next to the Bay or adjacent to the Bay and, in one or two cases, it is not clear how for from the Bay one gets before a policy comes into effect. Ivor. Alford explained that it is not the intent to establish exact lines of demarcation, particularly on review authority. This will be an Element of the General Plan so the City will review projects against this and other policies of the General Plan. It is a matter of which policies are applicable. If there is a land use issue, for example, that could affect harbor operations, there are several policies here that could come into play and the project would have to be analyzed for consistency with those policies. Commissioner fucker noted that if the Planning Commission gets an application for a Use Permit for a use that is within the project line next to the Bay, that application is consistent with the zoning of the property but do we then look at what the policies are in this Element to decide whether to grant the Use Permit even though it may be a use that is consistent with the zoning? Does it go that far? 'a Mr. Alford answered that if there is discretion involved, most likely there is a finding that it has to be consistent with the General Plan. The application would have to be reviewed against the applicable policies of this Element. Consistency with zoning would not be the only issue. The hope is that the zoning is implemented in such a way that it is always consistent, however, there are always some uses that need additional review. Commissioner Tucker then asked about Objective HB-1.1.2: 'when reviewing proposals for land uses changes. the City shall consider the impact on water dependent and water-related land uses and activities and the importance of 5 {per City of Newport Beach RAFT Planning Commission Minutes ' May 17, 2001 -_- -___ __., J INDEX providing adequate sites for facilities and services essential to the operation of the Harbor,...' How for from right on the bulkhead, does that extend? If we have a Boat yard that is 100 yards off the water and not on the street do we look at that? Mr. Alford answered that the Planning Commission wilt have to use its best judgement on how for to extend. The intent is to deal mainly with the uses within the immediate vicinity of the Bay. If, for example, there was a land use that might introduce residential land uses in, an area that has been predominately commercial, particularly our marine/recreational commercial uses, then it is possible that future residences there might produce a land use conflict with those uses and could endanger future operations. That would be one factor to be taken into consideration, if you are looking at a potential land use change. If it is not a zoning or land use amendment, like a mixed use project similar to the one in Cannery Village/McFadden Square area that the Commission heard recently, this was introducing land uses into an area that was primarily commercial and there was a question of compatibility. Commissioner Tucker then asked about, '.... However, in no case, shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property.' Viable and highest use, or even close to highest use, are not necessarily the some. Certainly a property could have many potential uses, some viable but perhaps not the highest and best use, or the use desired by that ownership. How do we deal with something like that? Mr. Alford answered that it would be addressed as a land use issue. You have to provide viable economic use of the property. He then added that this was one of the major issues the Harbor Committee had to deal with and that is how do you protect certain uses that are considered essential to the operation of the harbor but still protect property rights. You do have to maintain the viable economic use of the property so you are not involved in a taking. At the some time, you have to provide a number of incentives or other mechanisms to try and encourage those uses to continue. Looking at that in combination with the other policies and that major goal, the overall intent is clear that it is meant to achieve that balance between the protection of private property rights and the protection of those uses that are necessary for the continued operation of the Harbor. At Commission inquiry. Mr. Alford noted: • In 1999 the City Council appointed a thirteen member Harbor Committee. • They were given the broad charge of making recommendations concerning the activities of the Harbor to the City Council. • A major project has been the proposed Harbor Element that has taken two years to draft. • The Committee is made up of a number of residents, commercial business owners and general users of the Harbor. 6 �p3 City of Newport Beach DRAFT Planning Commission Minutes May 17, 2DD1 �__ _.____._ - �----- INDEX Commissioner Kranzfey, referring to page 3 of the proposed Element, diversity of uses and objectives. You have the five uses, are they prioritized? Mr. Alford answered that the order of the diversity of uses is not indicative of priority. The Local Coastal Plan and Coastal Act do recognize that the highest priority be given to water dependent uses. The ones that we have identified as water enhanced or other uses are of a lower priority. Commissioner Kranziey, referring to page 4, asked about public parking and public access for all waterfront uses. What does that mean, more or the some amount only better? I certainly do not want more parking on the Peninsula, because there is never enough. I agree with improving existing parking, but I do not agree with providing more parking. Referencing page 7, he asked if the docks at the Balboa Bay Club were for member use or public use? The land is city owned and leased to the club. Ms. Clauson noted that the marina and dock are all part of the ground lease that the City entered into with the Balboa Bay Club. There was provision of lease payments to the City, but I don't know if we negotiated, as part of that, a certain percentage of the docks to be available for public use. Continuing, Commissioner Kranzley, referring to page 16. '..identifying areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse'...how are we going to do that? Will it be based on date built? For instance, the Cannery Restaurant was built in the '70's, yet there are people in Newport who feel that is a landmark. How will this be determined, as there will be some restrictions placed on those buildings? l think that owners of those buildings may have concerns about what this means to their properties. Ms. Clauson answered that this is a policy document, so the implementation of that will be part of the next step in the process. It is an interesting concept, as there is a difference between what is considered a landmark and something that has historical architecture. Making determinations will be part of this policy that we will look at on something, whether it is a landmark versus whether architecturally it's an historic building. Originally, the Cannery was there. The architecture was new and rebuilt to reflect the historical landmark of the fact that there was a cannery there. Commissioner McDaniel noted he shares some of the concerns expressed. It needs to be somewhat general, although we are used to something more specific. f understand that CalTrans has questions as well as the Department of Toxic Substance Control and of course the Coastal Commission. If we send this forward, does the document need to be tighter? Mr. Alford answered that these agencies were asked to comment on the Negative Declaration that was prepared. As stated in the report, none of them identified major environmental issues and I think that some of what they said 7 JDq 1 ' City of Newport Beach E DRAFT Planning Commission Minutes May 17, 2001 INDEX could be taken out of context as boiler plate responses to projects that are more specific. In the case of the Coastal Commission, they did have a number of comments, and I think that again the case is where they have identified certain issues and have more or less pointed out things that they are interested in as they review documents submitted to them for approval. This is relevant because we are beginning the process of starting with the certification of our Local Coastal Program (LCP) and integration of the Harbor Element into that program and there will be major issues. I think the Coastal Commission just basically wanted their issues known up front. They did not identify any inconsistencies with the Coastal Act, or our LCP, so I don't think that it necessarily leads to any significant revisions. However, if you feel that it is appropriate that we address their comments directly, we can go back and work on the document and try to re-word the language s❑ that it addresses their concerns. Basically,we feel the document is fine in its current form. Ms. Temple added that she was in a meeting today with the Coastal Commission staff and this question did come up. They did not indicate any serious problem with what was done with this proposed Element. Their primary issue was maintaining internal consistency between this Element and our existing Land Use Plan and how they see the certification process moving forward. They just gave us a heads up, but did not express to us that they felt the Harbor Element in and of itself was going in the wrong direction, Commissioner Agajanian brought up public access (HB-2) and visual character (HB-4) stating that neither of these make a statement about accessing view or that the visual character of the view of the harbor is of value. There are no policies related to the view shed of the harbor. Is this covered in other documents, or is it excluded in this one for a particular reason? Ms. Temple answered that significant public views have been identified for preservation as we consider land use decisions in our Local Coastal Plan currently, Commissioner Kiser, referring to page 3 of the staff report, noted that, '., the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that .......and expand upon Coastal Act policies.' Would this proposed Harbor Element expand upon Coastal Act policies? � Mr. Alford explained that the paragraph states that the Coastal Commission didn't identify any conflicts, however, they did feel that there were certain things that needed additional attention. For example, because we allow waterfront residentioi communities, they point out to us that those are very low priority in the coastal zone. They suggested that perhaps there should be more discussion or clearer language in the Element to make that point known. Similarly, there was a comment dealing with protection of sensitive marine biology like the eeigrass. The wanted additional language addressing that. In short, they had certain things that were very important to the Coastal Commission and they wanted more emphasis in the document, however, they 8 al • City of Newport 33eoeh DRAFT t Planning Commission Minutes _ May 17, 2001 __.. INDEX did not go so far to say that the Harbor Element was lacking or somehow inconsistent with Coastal policies. They just wanted to elaborate on the issues they felt were important. At Commission inquiry, Mr. Alford stated that this document does not enhance the authority or expand the authority of the Coastal Commission in approving projects in Newport Beach, Adding issues expressed by the Coastal Commission would also not give them more power, if would only place a greater emphasis on the parts they consider important. Commissioner Agajonian asked if the encouragement of the creation of a single waterfront public pedestrian space was an urban design decision of this point, or is there an interest on multiple points on the waterfront as a target for our development? Mr. Alford answered that the committee felt that something like this was necessary to serve as a focal point for Harbor activities. One of the things they want to do is to make sure the Harbor is user friendly and that those facilities are identifiable and there would be an area on the waterfront that would be recognizable enough as the center of the Harbor. The policy calls for encouraging a focal point. Other policies in the document indicate that there should be some connection between the vo6ous activity areas in the Harbor. Water taxis and other types of access are considered in the document. Public comment was opened. Mr. Seymour Beek, 528 So Bay Front, spoke as Chairman of the Harbor Committee noting that the discussion brought up several good points about this document. These are also the some points that the Committee spent considerable time on, particularly the point of balancing private property rights and the interest of diversity in the Harbor. These are difficult issues and we came out with a lot of compromises in the document. I think it is one that all of the Committee members will stand behind and are quite happy with. Continuing, he noted the diversity of the membership of the Committee: bayside businesses were represented, the homeowners were amply represented particularly the Boyside residents, mooring owners were represented and the document reflects this diverse representation. ' Commissioner Kranzley commended Mr. Beek for the work done on the document. He asked the speaker for comments an parking and impacts on the Peninsula caused by parking. Mr. Beek noted his agreement about the parking on the Peninsula. However, the committee did not come up with specific issues of parking, but in working on the document, the committee realized that there is certainly an interaction between the things we talk about here and roads and parking. However, we did not feel it appropriate to go into them within this document, although there clearly is a relationship. I DRAFT City of Newport Beach , Planning Commission Minutes May 17, 2001 INDEX Commissioner McDaniel asked about the CalTrans and Coastal Commission interface. Did you meet with them while drafting this document? Mr. Beek answered that there was no meeting with CalTrans or Coastal Commission representatives. There was no involvement in the draft of the document. The city staff sent copies to the Coastal Commission staff and various other agencies as a courtesy to get their reaction and comments. Burt Ghlig, 305 Morning Star Lane noted his appreciation of the protection being afforded the bay. He noted the following: Protecting - equal balance for families, retirees for the limited access that exists on the bay. Activities on the water are disruptive to the neighborhood, as water tends to carry sound. In certain bay areas, elevations create a 'bowl', The enforcement occurring now is inadequate. i question whether an activity center should be in this dement, or a more suitable site for activities where there is a better opportunity for sound attenuation. • Waivers and incentives are mentioned in the document. What is the trigger and what are the benefits? In conclusion, he noted that the rest of his comments are contained in his letter that was sent to the Commission May 141". Public comment was closed. Commissioner Tucker then asked: • Page 3, Goal HB-1 #3 - add, 'including to but not limited to'. Staff answered yes this could be done, as this item refers to any commercial uses that are water enhanced. • Page 5, HB-1.2 -does that refer to water dependent,water related and water enhanced commercial uses or are you referring to uses that are actually in the harbor as defined in the glossary? Staff answered that it Is referring to those commercial uses that actually occur within the harbor and also any support facilities that might occur on land. These uses are not completely dependent on water services. • Page 8, HB-1.4 - If you have something that has nothing to do with the charm or character of the harbor are you then not encouraging the redevelopment of outdated and antiquated development? Would it be proper to say something to the effect that, 'to encourage the maintenance of the charm and character of the harbor'? Staff answered that is not the intent. Basically the emphasis is on fhe protection of the commercial areas that are around the harbor that exist and should be protected, Fallowing a brief discussion, it was decided that this paragraph could be re-worded, as the intent is to state that when you do have an antiquated commercial development, that it should be redeveloped and to emphasize that we would like to see it occur in such a way that it would maintain the charm and 10 1D � DRAFT City of Newport Beach Planning Commission Minutes May 17, 2001 INDEX character of the Harbor. Motion was made by Chairperson Selich to approve the Negative Declaration making the findings contained in Exhibit 1; and adopt Resolution No. 1529 recommending approval to the City Council of GPA 2000-O02 (C) subject to the findings for approval stated in the resolution with the changes suggested by Commissioner Tucker. Continuing, he added that unless we find something overly objectionable that we disagree with, that we should not change this proposed document. The committee has worked on it for two years and a lot of work has gone into it. I would be reluctant to change the wording. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley,Tucker Noes: None l!$1ECT: New Subdivision Code I#errs 6 Subdivision Code City-initi ed amendment to revise the City's Subdivision Code (Title 19 of the Discussion only Municipal ode) and to make related changes to Title 20 (zoning Code), Title 13 (Streets, Si walks and Public Property), and other"titles. Ms. Temple noted at approximately 2 years ago, we had a few problematic requests for minor sub ' isions and we discovered a number of problems with our existing Subdivision Co which is Title 19 in the Municipal Code. We also discovered that there are number of areas within that chapter that had not been regularly applied in a n ber of years and are essentially outdated with the subdivision practices of the i and Public Works Department. As a result of that, the City Council initiated a omprehensive update to Title 19, which unfortunately did not come on as fas s we had hoped because the Planning Department was shifting staff resource ❑ ations having to deal with several of the large development projects that you sidered in the earlier part of last year. However, we have now completed the ork, and this is the first took that you will have of the new Subdivision Code as dra d by staff with the assistance of an outside consultant. The organization of the Cc Chapter has been totally reworked and put into what we consider a logical €ram ork,which will allow for its use and ease of understanding and application. Th current Public Works Standards have been highlighted in the Code based o the City's current subdivision practices. From the Planning Department point o iew one of the most important and key features of the updated Code is the revised findings that the Planning Commission or staff would need to make when deign criteria contained within the chapter are granted exceptions. One of the stru , es with the existing Title 19 is that in order to grant a waiver or exception front ose design standards in the Code, the findings that need to be made were essen y variance findings, a very high bar. In addition, the Subdivision standar II jfi� CITY OF NE'1 OT REACH FAzenida ng e: June 12,2001 S PLANNING DEPARTMENT tem No.: S3oo NEwPOR7 BODUVARD Person: Patrick J.Alford NEWPDR"T REACH,CA 92658 �,t,F��,,,•* {949}644-3235 (949)6"-320-,FAX(949)644-3250 REPORT TO THE MAYOR AND CITY COUNCIL FILE COPY SUBJECT: Proposed Harbor and Bay Element(PA2001-050) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. ACTION: 1. Conduct public hearing; and 2. Adopt Resolution No. 2001- approving the Negative Declaration and adopting General Plan Amendment No. GPA 2000-002(C). Bae.- round On January 11, 1999,the City Council established the 13-member Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. On.tune 8,2000,the Planning Corrunission recommended initiation of General Plan Amendment GPA 2000-1 (C)to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000. On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop to introduce the draft Element and to receive questions and comments. On May 16, 2001,the Economic Development Committee recommended to the Planning Commission and City Council that the proposed Element be adopted. On May 17,2001,the Planning Commission voted(7-0)to recommend that the City Council adopt the proposed Element. On May 21, 2001, the proposed Element was presented to the Environmental Quality Affairs Committee (EQAC). EQAC determined that the proposed Element was not within their scope of responsibilities and voted not to forward recommendations to the City Council. Anal sis The proposed Harbor and Bay Element would be an optional element of the General Plan. The proposed Element focuses on issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline,setting forth five major goals: ■ Preserving the diverse uses of the Bay,Harbor,and shoreline. J - ■ Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. ■ Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. ■ Providing for the ongoing administration and maintenance of the Harbor and Bay. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn, each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. Planning Commission Action On May 17, 2001, the Planning Commission held a public hearing on the proposed Harbor and Bay EIement. Discussion at the Planning Commission focused on how the Element's policies might be applied to future projects. The PIanning Commission also had questions concerning some of the comments received from State agencies, particularly those of the Coastal Commission. The Coastal Commission did not identify any direct conflicts with the Coastal Act, but did suggest revisions that clarify ambiguities and expand upon Coastal Act policies. However, the Planning Commission concluded that the proposed Element was consistent with existing City policies and State law and voted unanimously to recommend approval to the City Council with only a few minor wording changes. Recommendation Staff recommends that the City Council adopt General Plan Amendment No. GPA 2000-002 (C) with the findings in the attached resolution. Submitted by: Prepared by_ PATRICIA L. TEMPLE PATRICK J.ALFORD � Planning Director Senior Planner �a Exhibits I. Draft resolution(with 04/17/01 draft of the Harbor and Bay Element). 2. 05/17/01 Planning Commission staff report. 3. Draft 05/17/01 Planning Commission minutes. Harbor Element (PDA 2000-041) June 12.2001 Page 2 - RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A HARBOR ELEMENT OF THE GENERAL PLAN [GPA 2000-002 (C)j WHEREAS,pursuant to Section 65303 of the California Government Code,allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS, on May 17,2001, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHERAS,the Planning Commission of the City of Newport Beach recommended approval of General Plan Amendment No. 2000-002(C); and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore,a Negative Declaration has been prepared. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The General Plan shall be amended in include the Harbor and Bay EIement provided as "Exhibit A." 3 F SECTION 2: Based upon the information contained in the Initial Study,comments received, and all related documents,the City Council finds that there is no substantial evidence that the project could have a significant effect on the environment and hereby approves a Negative Declaration. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA,and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12,2001,by the following vote,to wit: AYES,COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST. CITY CLERK 2 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." (Section 65303 of the Government Code)_ RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay EIement is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 Exhibit A-05/17/01 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the tine of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Say. .y. ` C 1 �; Bay o.. i A � -,r- _ lga` ._~rtf :,. . ��/I Lower New�vrt Newport Bay 2 Exhibit A-05/17/01 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as, but not limited to, restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and- water related uses and recreational activities remain a primary use of the Harbor. Policies H13-1.1.1: Designate water-dependent useslactivities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, 3 Exhibit A-05/17/01 shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable fixture. Implementation-Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. J. b. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 Exhibit A-05/17/01 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water duality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users_ HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. Q 5 Exhibit A-05/17/01 Implementation Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. I Continue to work with the various community and business associations such as the Balboa. Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution,noise,traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of Ieases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrates with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and ownersAessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and i� 6 Exhibit A-05/17/01 other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-I.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.b Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 Exhibit A-05/17/01 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, including the redevelopment of outdated or antiquated commercial development, in a manner that maintains the charm and character of the Harbor_ Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Im lementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 Exhibit A-05/17/01 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses_ policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community,and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. �3 9 Exhibit A-05/17101 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term Iessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian,vehicular, and boat access. Policies H13-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 Exhibit A-05/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining,etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water duality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County,and private means. Im Iementation 5trate ies i. Prepare and adopt Harbor access guidelines describing potential public and private (and joint: public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. f� 1 i Exhibit A-05/17/01 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate Iand parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries,water taxis,etc.) HB-2.2.3: Encourage development of additional public and private decks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and l� 12 Exhibit A-05/17/01 enhancement of these uses and their necessary land and water equipment and facilities. - 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc_) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles,water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor f� 13 Exhibit A-05/17/01 HB-3.1.2: Ensure that the water quality in Lipper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies I. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. b. DeveIop facilities to educate the public on the importance of water quality to the preservation of the natural resources in l� 14 Exhibit A-05/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beachlbulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes(such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical development/appearance and cultural history of the Harbor. 15 Exhibit A-05/171€11 Implementation Strategy 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards; requirements and processes on a regular basis. Implementation Strate ies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. C� 16 Exhibit A-05/17/01 2. Prepare a reference document that provides a summary of information (including a single point of contact) that wiII help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol,as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies H13-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. �l 17 Exhibit A-05/17/01 HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and pubIiclprivate cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage anc channel access areas of high use intensity and safety. Implementation Strategies I. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 18 Exhibit A-05/17/01 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or govemment entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strate 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2_ Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 Exhibit A-05/17101 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter Iines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a"charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. 20 Exhibit A-05117/01 0 Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) Harbor Construction {Design_Criteria and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses, Egupment, and Facilities. 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 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary,utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more' vessels are wet-stored (in water)and/or dry-stored(on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. f� 71 Exhibit A-05/17/01 Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Neymort Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Proiect Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- .powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and �c 22 Exhibit A-05/17/01 enforcement, marinas, boatyards, yacht/sailingiboatingifishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses,dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair,marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services,docking,parking,offices and other water and land support facilities. 23 Exhibit A-05/17/01 CITY OF NEWORT BEACH Ma 17 2001 �► �r Hearing Date: y , 04 ° PLANNING DEPARTMENT Agenda Item: s u r uc*rt£WPORT BOULEVARD Staff Person: Patrick J. Alford �I FO% 'r NEWPORT BEACH,CA 92&p (949)644-3235 (949)644'SZOO;FAX("9)644--'a50 REPORT TO THE PLANNING COMMISSION PROJECT: Proposed Harbor and Bay Element(PA2401-050) SUMMARY: The Harbor and Bay Element is a new optional element of the General Plan intended to address uses of the water and waterfront property in Newport Bay and Harbor. RECOMMENDED ACTION: • Approve the Negative Declaration making the findings contained in Exhibit 1; and + Adopt Resolution No. 2001- recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution. Background On January 11, 1999, the City Council established the 13-member Ad Hoc Harbor Contit-duce to make recommendations on matters pertaining to the Harbor. On June 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000- On April 11, 2001, the Ad Hoc Harbor Committee held a public workshop' to introduce the draft Harbor and Bay Element and to receive questions and comments. Analysis The Proposed Element The proposed Harbor and Bay Element (Exhibit 1) would be an optional element of the General Plan. Under State law, a City may include in its general plan any element that relates to its physical development. The proposed Element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. t Notices were mailed to every bayfront property owner,harbor permit holder,and mooring permit holder in the City. In addition,notices will be sent to every bayfront community association and a one-eighth-page display ad was published in the Daily Pilot. r Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn,each objective has one or more policies,which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposed Element sets forth five major goals: • Preserving the diverse uses of the Bay,Harbor,and shoreline. • Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. • Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. is Providing for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element calls for water-dependent and water-related uses and recreational activities to be the primary use of the Harbor. However, the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of parking, launching ramps, boat hoists, docks, moorings, and similar facilities. One of the more visionary policies encourages the creation of a waterfront public pedestrian space to serve as public focal point of the harbor and serve as the activity center for special events. While the proposed Element focuses on harbor-related activities, issues of water quality and protection of the environment in both the Lower and Upper Newport Bay are also addressed. The policies and implementation strategies emphasize participation and cooperation with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed Element calls for consideration of harbor aesthetics in the design of bulkheads. The proposed Element also calls for bulkheads to be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters, where possible. The proposed Element also encourages the preservation and reuse of areas and buildings that are representative of the history of Newport Harbor,when feasible. The proposed Element emphasizes the need for coordination among the City,County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing Harbor&Bay Element(PA2001-050) May 17.2001 Page 2 areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Comments from the Coastal Commission The California Coastal Commission submitted comments on the proposed Element (Exhibit 4). Most significant of these is the recommendation that the proposed Element be processed as an amendment to the City's certified Local Coastal Program (LCP) Land Use Plan. The Coastal Commission correctly states the proposed Element contains policies that directly affect activities and development in areas that are within their jurisdiction and that the LCP Land Use Plan and the Coastal Act will take precedence over the policies of the proposed Element. The Coastal Commission therefore believes that a concurrent amendment to the LCP Land Use Plan is necessary to insure consistency. On March 27, 2001, the City Council directed staff to establish a process to submit a completed LCP to the Coastal Commission for certification. This process will likely involve revisions to the LCP Land Use Plan as well as the adoption of a number of implementing ordinances. Staff believes that this is the appropriate process to address the Coastal Commission's apparent goal of integrating Harbor and Bay Element polices into the LCP. The Coastal Commission also submitted recommendations concerning policies relating to residential land uses,parking waivers,tideland leases, vessel berthing and storage, dredging,public access, water quality, bulkheads, administration, and natural resources. However, the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. if so directed, staff could add appropriate language to address the Coastal Commission's concerns. Otherwise, these issues will be addressed through the LCP certification process. Comments from Other Public Agencies i The Planning Department also received comments from the Department of Toxic Substances Control, the California State Lands Commission, the County of Orange, and the State Department of Transportation (CalTrans). For the most part,the comments from these agencies were limited to recitals of each agency's responsibilities in the review of this and future projects. However, both the State Lands Commission and the County of Orange sought additional acknowledgement in the proposed Element of their respective roles in the administration of tidelands. The State Lands Commission also expressed concern that the inclusion of"Waterfront residential communities" in the list of land uses to be protected and enhanced. (Goal HB-1) could be construed as the City support for an inappropriate use of public tidelands. The State Lands Commission also requested additional information regarding proposed policies and programs relating to tidelands leases and live-aboards. Staff has reviewed the comments by these agencies and has determined that the proposed Element does not contain any conflicts or inconsistencies with State law. However, if so directed, staff Harbor&Bay Element{PA2001-050} May 17.2001 ?age 3 R r could add appropriate language to clarify the intent of the goats, objectives, and policies of the proposed Element to address the concerns raised by these agencies. Environmental Review In accordance with the California Environmental Quality Act(CEQA), the State CEQA Guidelines and City Council Policy K-3, an initial study was prepared for the proposed project. Based on the information contained in the initial study, staff has determined that the project does not have the potential to cause a significant effect on the environment. Therefore, a draft Negative Declaration has been prepared(Exhibit 3). The public review period for the draft:Negative Declaration was from March 19, 2001 to April 18, 2001. Comments on the draft Negative Declaration were received from the following agencies: 1. Department of Toxic Substances Control. 2. California Coastal Commission_ 3. California State Lands Commission. 4. County of Orange. 5. Department of Transportation. -The Department of Toxic Substances Control commented that the Negative Declaration identify hazardous wastes/substances sources, contaminated sites, remediation mechanisms, potential threats associated with the release of hazardous materials, and regulatory oversight mechanisms. These comments are more indicative of those for a project involving physical development of a specific site. As stated in time initial study, while the proposed Element contains policies and programs that call for construction of harbor-related facilities, no specific sites or designs are identified. The proposed Element also contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could involve hazardous materials. However,these policies do not provide for an increase or decrease in the level of activity. Therefore,no significant impacts are anticipated. The Coastal Commission comments focused on the proposed Element rather than on the adequacy of the draft Negative Declaration. However, the Coastal Commission did recommend that an amendment to the LCP Land Use Plan be processed concurrently with the amendment for the proposed Element. This could be interpreted as identifying a potential Iand use conflict. 1-14 The proposed Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone,but is not intended to supplant or modify the LCP Land Use Plan. Also, the Coastal Commission did not identify any specific conflicts with the LCP Land Use Plan and only suggested revisions that clarify ambiguities and expand upon Coastal Act policies. Therefore, staff believes that the proposed Element would not result in any significant land use impacts. The comments of the State Lands Commission and the County of Orange also focus on the proposed Element rather than on the adequacy of the draft Negative Declaration. Since these comments do not identify any conflicts or inconsistencies with an applicable land use plan, policy, Harbor&Bay dement(PA2001-050) May 17,2001 Page 4 or regulation, staff believes that the proposed EIement would not result in any significant land use impacts. The comments from the Department of Transportation comments were merely statements of that agency's role and responsibility in the review of this and future projects. Recommendation Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council adopt General Plan Amendment No. GPA 2000-002 (C). Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner q GICd Exhibits I. 441I7/0I draft of the Harbor and Bay EIement. 2. Resolution recommending approval to the City Council. I Draft Negative Declaration. 4. Correspondence. Harbor&Bay Element^2€D]-050) May 17,200] Page 5 3 This Page Intentionally Left Blank 3V City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION r There have been visions for Newport Bay ever since the steamer Vaquero entered the hay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner_ RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM `• The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 04/17/0 E 3 ` modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bay-ward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. C 1 er e Bay E _ f � Lower Newport Ba it , ] .: � . ; Newport BayK, 2 04/17/01 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 1 Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties_ However, in no case, shall the protection of such land uses, activities, facilities, 3 04/17/01 and services deny an owner viable economic use of the property. HB-1.I.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies i. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. .ti 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planting through appropriate agencies, such as the Harbor Resources Division of the City 4 04/17/0I 2 d i Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. l HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 04/17/01 Implementation Strategies I. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and Iessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfzshing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise, traffic congestion or parking shortages. S. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7_ Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 04/17/01 other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1. Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.12: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City-facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 AIlow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 04/17/01 "E waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses-as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strate ies I. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and g 04/17/01 � Z redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-I.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3. Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-I.5.4. Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies I. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design f standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers,parking waivers and other incentives. 9 04/17/01 �3 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if,and only if- (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective H13-2.1: Improve and extend public pedestrian,vehicular,and boat access. Policies ., HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 04/17/01 0 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community/regional interest. HB-2.1.3.- Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB-2.1.6- Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies I. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wade waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. 11 04/17/01 �5 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective 14B-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis,etc.) 1113-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 04/17101 r � enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community,visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of Iinks to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles,water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.i: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 04/17/01 Lr- HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for Duman body contact and will allow the marine environment to survive and flourish. HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. 1413-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-Iife of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies L Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation_ 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 04/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy H13-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and"icons" in the physical development/appearance and cultural history of the Harbor. 15 04/17101 Implementation Strategy 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards requirements and processes on a regular basis. Implementation Strategies I. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 04/17/01 r,� 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified In Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenanc equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 04/17/0 I -=tom HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment)when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety anA rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 1 g 04/I7/0 I 2- 1-�- 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. I Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 19 04/17/01 113 5 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels,using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a"charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline,to which a vessel may be secured. A dock may be fixed to the shore,on pilings, or floating in the water. .1 Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities,harbor and coastal tours,dining/drinking, business or social special events and entertainment. 20 04/17/01 Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) Harbor Construction (Design Criteria and Standard Drawings}. City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses Equipment, and Facilities. 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 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead Pane, and related parking, sanitary,utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. 3 Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored (in water)and/or dry-stored(on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. 21 04/17/01 { d Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. . Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee,except for permit fees to City. Pier. Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Project.Lines. Harbor water area channel lines of the improvements constructed by the federal government in 1935-1935, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal Channel". (see Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning.Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. 'N Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and 22 04/17/01 CI enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses,dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales,and marine-related industry_ Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services,docking,parking,offices and other water and land support facilities. 23 04/17/01 RESOLUTION NO.2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOND ENDING APPROVAL TO THE CITY COUNCIL OF THE ADOPTION OF A HARBOR ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT NO. GPA 2000- 002(C}j WHEREAS, pursuant to Section 55303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay;and WHEREAS,on May 17,2001,the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS,Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the Ciiy of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment No. GPA 2000-002(C)to comprehensively update the Recreation and Open Space Element of the General Plan, as provided in Exhibit"A."' t 5 NOW,THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study,comments received,and all related documents,the Planning Commission finds that there is no substantial evidence that the project could have a significant effect on the environment,therefore a Negative Declaration has been prepared. The Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project,satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. ADOPTED this 17th day of May 2001, by the following vote,to wit: AYES NOES ABSENT BY Edward Selich,Chairman BY Steven Kiser, Secretary 2 I COY OF NEWPORT SEA.H NOTICE OF COMPLETION and Environmental Document Form To: State Clearinghouse From: City Of Newport Beach 1400 Tenth St.,Rtn. 121 Planning Department Sacramento,CA 95814 3300 Newport Boulevard- P.O.Box 1768 Newport Beach,CA 92658-8915 (Tel.No—916/445-0613) (Orange County) Contact Person: Patrick I.Alford SCH# Senior Planner Tel No.: (949)644-3200 Project Location: Citywide Cross Streets SR l and 5R 55 Total Acres_.1.568.160 _ A.P.No. umerous Section_26_ Twp. 7S Range 10W Base San Bemardino Within 2 Miles: State Hwy#,_SR I.SR 555R 73 Waterways:_Newport_Bay Airports: John Wayne Railways: Noe Schools:_See attached. Present Land Use/Zoning/General Plan Use: Various Project Description:-An amendment to add a Harbor Element to the General Plan. Document Type CEQA: NEPA OTHER 0 NOP 0 Supplement/Subsequent 0 NOT Joint Document Yd Early Cons 0 FIR[Prior SCE No.) © EA Q Final Document Ne-Dec ❑ Draft EIS 0 Other 0 Dratt/EIR 0 Other ❑ FONSI Local Action Type 0 Gen"Plan Update ❑ Specific Plan 0 Rezone 0 Annexation 0 General Plan Amendment 0 ,Master Plan ❑ Prezone 0 Redevelopment General Plan Element 0 Planned Unit Dev. 0 Use Permit 0 Coastal Permit 0 Community Plan 0 Site Plan 0 Land Division(Sub-division Parcel Map,Tract map,ett.) 0 Other Development Type Residential: Units Acres ❑ Water Facilities: Type MGD 0 Office: Sq.$. Acres Employees a Transportation: Type Commercial.-Sq.ft. Acres Employees 0 Mining: Mineral 0 industrial: Sq.ft. Acres Employees Power. Type Watts 0 Educational: 0 Waste Treatment: Type 0 Recreational 0 Hazardous Waste: Type Other. Project Issues Discussed in Docu t 0 Aesthetics -. l 90 Flood PlainlFiooding ❑ School slun iv ersiti es Water Quality Q-J Agricultural Land � Fomst Land/Fire hazard 0/ Septic Systems Water Suppiy/Groundwater Air Quality GeologiciScismic Sewer Capacity Lf Wetland/Ripa ian ArcheologiclHistoric Of Minerals Wildlife 0 Soil ErosionlCompactionlGrading Coastal Zone ®® Noise Of Solid Waste 0 Growth inducing ❑ Drainage/Absorption 0 PopulationlI-IousinglBalance fg ToxiclHazardous 0 Land Use 0 Economic/Jobs 0 Public ServicelFacilities © Traf iclCirculation 0 Cumulative Effects 0 Fiscal ❑ RecremonlParks Q Vegetation ❑ Other F:1USERS\PLNI I FMvtS\N EG-DE003NOCOPR.DOC. '0 Harbor and Bay Element Notice of Completion Schools located within 2 miles of the project site Anderson Elementary School Cardon Hall Childtime Pre-School Corona del Mar High School Harbor Day School Harbor View Elementary School Horace Ensign Junior High School Lincoln Elementary School Mariners Elementary School Newport Elementary School Newport Harbor High School Newport Harbor Lutheran Church School Newport Heights Elementary School Our Lady Queen of Angels School C :,�Y OF NEWPORT BEA1H 3300 Newport Boulevard-P.O.Box 1768 Newport Beach,CA 92658-8915 (949)644-3200 NEGATIVE DECLARATION To: From: City of Newport Beach Planning Department Office of Planning and Research 3300 Newport Boulevard-P.Q.Box 1768 X P.O.BOX 3044 . • Newport Beach,CA 92658-89 15 5acramento,CA 958 f 2-3044 (Orange County) County Clerk County of Orange Public Services Division P.O.Box 238 Date received for filing at OPR/County Clerk: Santa Ana,CA 92702 Public review period- March 19, 2001 to April 18, 2001 Name of Project: Harbor and Bay Element Project Location: Citywide Project Description: A General Plan.4mendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open S ace Elements. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quafiry Act,the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is 0 attached ❑ on file at the Planning DepartttmeriL The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-makers)prior to final action on the proposed project. If a public hearing will be held to consider this project,a notice of the time and location is attached. Additional plans,studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials,you are invited to contact the undersigned. IN If you wish to appeal the appropriateness or adequacy of this document,your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project,why they are significant,and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions o would like further information,please contact the undersigned at(949)644-3200. Date March 16.2001 Patrick J.Afford Senior Planner F:IUS£R51PLM5HAREDII FO%MS\N£G-DEC143NEG DEC_DOC CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM I. Project Title: Harbor and Bay Element 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92658-89I5 3. Contact Person and Phone Number: Patrick J. AIford,Senior City of Newport Beach Planning Department (949)644-3235 4. Project Location: City-wide 5. Project Sponsoes Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-89I5 6. General Plan Designation: NIA 7. Zoning: N/A 8. Description of Project: The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay EIement addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. 9. Surrounding Land Uses and Setting: (Briefly describe the projecfs surroundings.) Current City-wide Development: To the north: Cities of Costa Mesa and Irvine To the east: Newport Coast annexation area and City of Laguna Beach To the south: Pacific Ocean To the west: Cities of Costa Mesa and Huntington Beach 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. Harbor&Bay Element Page I r ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environrnental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Transportation/ ❑ Public Services Circulation ❑ Population&Housing ❑ Biological Resources ❑ Utilities & Service Systems ❑ Geological Problems ❑ Energy &-Mineral ❑ Aesthetics Resources ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. Q I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Cl I find that the proposed project MAY have a significant effect on the environment,and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effects)on she environment,but at least one effect 1 j has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or"potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ Harbor&Bay Element Page 2 jrp� I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b)have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing fiu-ther is required. Cl 03/14/01 Submitted by: Patric .1_Alford, Senior Planner Signature Date Planning Department 431141Q 1 Prepared by: 4atrick f Alford Signature Date FAUSERSTLNISHAREDU FORIMSWEG-DECOOCKI IST.DOC �S Harbor&Bay Element Page 3 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect ❑ ❑ ❑ 0 on a scenic vista? b) Substantially damage scenic ❑ ❑ ❑ p resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing ❑ ❑ ❑ [+ visual character or quality of the site and its surroundings? c) Create a new source of substantial ❑ ❑ ❑ r❑ light or glare which would adversely affect day or nighttime views in the area? 11. AGRICULTURE RESOURCES. Would the project a) 'Convert Prime Farmland, Unique ❑ ❑ ❑ 0 Farmland,or Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ -,p agricultural use,or a Williamson Act contract? c) Involve other changes in the ❑ ❑ ❑ 0 existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agr�cultural use? Harbor&Bay Element Page 4 • f: Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated III. AIR QUALITY. Would the project: a) Conflict with or obstruct ❑ ❑ ❑ 0 implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ Cl ❑ [,7� contribute to an extsting or projected air quality violation? c7 Result in a cumulatively ❑ ❑ [, ❑ considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for Ozone precursors)? d) Expose sensitive receptors to ❑ ❑ p ❑ substantial pollutant concentrations? e] Create objectionable odors affecting ❑ ❑ Q ❑ a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, Cl ❑ [( ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Miildlife Service? b) Have a substantial adverse effect on ❑ ❑ ® ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Harbor& Bay Element Page 5 Potentially Potentially Less than No Significant Significant significant Impact Impact Unless Impact Mitigation Incorporated c) Have a substantial adverse effect on ❑ ❑ 0 ❑ federaily protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to, marsh,vernal pool,coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the ❑ ❑ 0 ❑ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ❑ ❑ Q ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ❑ ❑ Q ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan,or other approved local, regional,or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ❑ ❑ ❑ change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse ❑ ❑ Q •,❑ change in the significance of an archaeological resource pursuant to §9 5064.5? c) Directly or indirectly destroy a ❑ [ Q ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ❑ ❑ Q ❑ including those interred outside of formal cemeteries? Harbor&Hay Element Page 6 :.. LIP'. Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation incorporated VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ ❑ ❑ Q potential substantial adverse effects, including the risk of loss, injury, or death involving: i] Rupture of a known earthquake ❑ ❑ ❑ fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ Q ❑ shaking? iii)Seismic-related ground failure, ❑ ❑ 0 ❑ including liquefaction? iv} Landslides? ❑ ❑ ❑ �[ b) Result in substantial soil erosion or ❑ ❑ ❑ 0 the loss of topsoil? c} Be located on a geologic unit or soil ❑ ❑ Q ❑ that is unstable, or-that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ ❑ ❑ defined in Table 18- 1-B of the Uniform Building Code(1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ 0 supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? V Harbor&Say Element Page 7 Potentially Potentially Less than No Significant Significant Significant impact Impact Unless impact Mitigation Incorporated V11. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ Cl Q ❑ public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the Cl ❑ Q ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or ❑ ❑ Q ❑ handle hazardous or acutely hazardous materials, substances,or waste within:one-quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ Q included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and,as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land ❑ ❑ ❑ B use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ ❑ B private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ physically interfere with an adopted emergency response plan or emergency evacuation plan? 7 Harbor&Bay Element Page 8 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated ► h) Expose people or structures to a ❑ p ❑ Q significant risk of loss, injury or death involving wildland fires, including where wildiands are adjacent to urbanized areas or where residences are intermixed with wildlands? Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quafity standards ❑ ❑ ❑ [( or waste discharge requirements? by Substantially deplete groundwater ❑ ❑ ❑ Q supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) ;Substantially alter the existing ❑ ❑ ❑ B drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which.would result in substantial erosion or siltation on-or off-site? d) Substantially after the existing ❑ ❑ ❑ B drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? e) Create or contribute runoff water ❑ ❑ ❑ Q which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Harbor&Say Element Pane 9 Potentially Potentially Less than No Significant Significant Significant Impact Impact finless Impact Mitigation Incorporated #} Otherwise substantially degrade ❑ ❑ Q ❑ water quality? g) Place housing within a 100-year ❑ ❑ Q ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a I 00-year flood ❑ ❑ Q ❑ hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a ❑ ❑ Q ❑ significant risk of foss, injury or death involving flooding,including flooding as a result of the failure of a levee or darn? j) Inundation by seiche, tsunami, or ❑ ❑ Q Cl mudflow? 1X. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established ❑ ❑ ❑ Q community? b) "Conflict with any applicable land use ❑ ❑ ❑ 0 plan, policy.or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? _y c) Conflict with any applicable habitat ❑ ❑ ❑ Q conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ p ❑ known mineral resource that would be of value to the region and the residents of the state? Harbor&Say Element Page 10 Potentially Potentially Less than No Significant Significant Significant Impact Impact unless Impact Mitigation Incorporated b) Result in the loss of availability of a ❑ ❑ ❑ 0 locally-important mineral resource recovery site delineated on a focal general plan, specific plan, or other land use plan? c) Displace substantial numbers of ❑ ❑ ❑ 21 people, necessitating the construction of replacement housing elsewhere? XI. NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ p ❑ generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or ❑ ❑ Q ❑ generation of excessive groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ❑ ❑ [r] ❑ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ Q ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ }Q airport land use land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ Q private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Harbor&Bay Elemcnt Page I I Potentially Potentially Less than No Significant significant Significant impact Impact Unless Impact Mitigation incorporated XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population ❑ ❑ ❑ p growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly(for example, through extension of roads or other infrastructure)? b) displace substantial numbers of ❑ ❑ ❑ 0 existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ Q people, necessitating the construction of replacement housing elsewhere? X111. PUBLIC SERVICES ❑ ❑ ❑ B Would the projects a} Would the project result in substantial adverse physical impacts associated with the provision of new or physically . altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ 0 Police protection? Cl ❑ Cl Q Schools? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ❑ 0 Harbor&Say Element Page 12 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation incorporated XIV. RECREATION a) Would the project increase the use p Cl p Q of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ ❑ p Q recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?opportunities? XV. TRANS?ORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is p p ❑ Q substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or p p p cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ ❑ p Q patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due p ❑ ❑ 0 to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ 0 access? i Harbor&Bay Element Page 13 Potentially ?otentlally Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated f) Result in inadequate parking ❑ ❑ ❑ Q capacity? g) Conflict with adopted policies, plans, ❑ ❑ [� Q or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES& SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ Cl 0 Cl requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ 0 ❑ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c3 Require or result in the construction ❑ ❑ [j ❑ of new storm water drainage facilities or expansion of existing facilities, the construction of which -could cause significant environmental effects? d] Have sufficient water supplies Cl ❑ p Cl available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ Q .0 wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? f} Be served by a landfill with sufficient ❑ ❑ ❑ (] permitted capacity to accommodate the projects solid waste disposal needs? Harbor&Bay EIement Page 14 - s � Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated g) Comply with federal, state,and local ❑ ❑ ❑ Q statutes and regulation related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential ❑ ❑ ❑ Q to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that ❑ ❑ ❑ IH are individually limited, but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c} Does the project have ❑ ❑ ❑ H environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? MI. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identity,the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed_ Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. . Harbor&Bay Element Page 15 c3 Mitigation measures. For effects that are "Less than Significant with Mitigation incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Harbor&Say Element Page I6 CITY OF NEWPORT BEACH ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Harbor and Bay Element General Plan Amendment No. 2000-1 (C) PROTECT DESCRIPTION The project consists of a General Plan Amendment to adopt a new optional element of the General PIan. The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. ANALYSIS I. AESTHETICS The Harbor and Bay Element contains policies and programs intended to preserve and enhance the visual character of Newport Harbor and Newport Bay. II. AGRICULTURAL RESOURCES No agricultural lands or resources are affected by the policies and programs contained in the Harbor and Bay Element. M. AIR QUALITY The Harbor and Bay Element contains policies that allow for the. continued use of Newport Harbor by motorized watercraft, including recreational boats, passenger/sightseeing boats, passenger-fishing boats, and entertainment boats, which impact air quality. However, these policies do provide for an increase or decrease in the level of activity. Therefore, no significant impacts to air quality are anticipated. IV. BIOLOGICAL RESOURCES The Harbor and Bay Element contains policies and programs intended to protect; preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. This includes the protection of the marine environment in the Upper Newport Bay Ecological Reserve. The Harbor and Bay Element contains polices and programs recognizing the necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment. However, such activities will continue to be conducted through Harbor-wide maintenance dredging permits, which are reviewed and approved by all agencies with jurisdiction over the Harbor. to rh'. V. CULTURAL RESOURCES The Harbor and Bay Element contains policies and programs that call for construction of harbor-related facilities, although no specific sites or designs are identified. Such facilities could be constructed in areas where archaeological or paleontological resources are expected to exist on the site; the necessary investigations and precautions will be instituted to ensure preservation of such resources. The Harbor and Bay Element contains policies and programs-intended to encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. VI. GEOLOGY AND SOILS The Harbor and Bay Element contains policies and programs call for construction of harbor-related facilities, although no specific sites or designs are identified. The area in and around Newport Bay is subject to strong seismic ground shaking and has a historic occurrence of liquefaction; Local geological, geotechnical and groundwater conditions also indicate potential for permanent ground displacements. However, all new development will be required to incorporate measures to reduce risks to acceptable levels. VII. HAZARDS AND HAZARDOUS MATERIALS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities could: involve-hazardous materials. However,,-.,these-,policies., do not provide-for an increase or decrease- in the level of activity. Therefore;. no significant impact& are anticipated. VIII_ HYDROLOGY AND WATER QUALITY The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential, commercial, recreational, and maintenance activities, which could impact water quality. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to ensure that the water quality in Newport Bay Harbor meets Federal, State and local standards. Therefore, no significant impacts are anticipated_ The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by residential,commercial, recreational, and maintenance land uses and activities, which are in areas subject to flooding and potentially to seiche, and tsunami hazards. However, these policies do not provide for an increase or decrease in the level g� of activity.and individual projects will be required to incorporate appropriate mitigation :- measures._ Therefore,no significant impacts are anticipated. IX. LAND USE AND PLANNING The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements, The Harbor and Bay Element is also intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program. X. NEMRAL RESOURCES No mineral resources are known to exist in Newport Bay or the surrounding area. Therefore,there is no impact. X1. NOISE The Harbor and Bay Element contains policies that allow for the, continued use of Newport Harbor by commercial, recreational, and maintenance activities, which could impact adjacent residential areas. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies and programs intended to control and mitigate noise-related land use conflicts. Therefore,no significant impacts are anticipated. XIL POPULATI[ON.AND HOUSING . The Harbor-and Bay Element contains no policies that would result in any. growth or reduction in the area's population. Therefore, no significant impacts are anticipated. Xffi. PUBLIC SERVICES The Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XIV. RECREATION The Harbor and Bay Element contains polices and programs that will maintain or increase recreational facilities and opportunities in and around Newport Bay. Therefore, no significant impacts are anticipated. g� It,k"- XV. TRANSPORTATION/TRAFFIC The Harbor and'Bay Element contains polices intended to minimize traffic and parking impacts associated with the various uses of Newport Bay. Therefore, no significant impacts are anticipated. XVI. UTILITIES & SERVICE SYSTEMS The Harbor and Bay Element contains policies that allow for the continued use of Newport Harbor by uses that could impact water and wastewater systems. However, these policies do not provide for an increase or decrease in the level of activity. Furthermore, the Harbor and Bay Element contains policies that intended to ensure the adequate provisions of services for the various uses of Newport Bay. Therefore, no signif cant impacts are anticipated. XVII. MANDATORY FINDINGS OF SIGNIFICANCE The Harbor and Bay Element is also intended to provide general policy guidance for uses of the water and waterfront property in Newport Bay. This includes polices intended to enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Therefore, it does not have the potential to substantially impact fish, wildlife, or plant species. No significant cumulative impacts are associated with the adoption of the Harbor and Bay Element. There are no known substantial adverse effects on human beings that would be caused by the adoption of the Harbor and Bay Element_ ARDELL INVESTMENT COMPANY 2077 WEST COAST HIGHWAY POST Off ICE BOX 1715 NEWPORT BEACH,CALIFORNIA 92659 (9491 6b2-1626 March 20, 2001 Mr. Tony Mecum, Director Harbor Resources Division City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: General Plan Harbor and Bay Elen ont Dear Mr. Melum: I Thank you for the opportunity to reply to your letter of March G, 2001 which included a copy of the General Plan Harbor and Bay Element. Ardell Investment Company is the owner of a property with 700 feet of lineal frontage on Newport Bay. Our principal concern after reviewing the Harbor and Bay Element is the economic viability of properties which are not developed to their highest and best use at this time. It appears that many of the existing water-related commercial uses in the Harbor which are advocated in the document do not generate sufficient revenues to justify such uses on valuable bayfront parcels. We would hope that land use regulations applicable to waterfront property will continue to allow uses that can generate sufficient income to justify development. The current limited zoning along Mariners' Mile is a deterent to quality development. Land uses should be expanded beyond the narrow water- dependent and water- related uses included in the Harbor and Bay Element. Property Owners must be allowed viable economic use of their property if quality development is to occur on the hay, especially in the Mariners' Mile area. Maintaining. and enhancing the charm and character of the Harbor as suggested are laudable goals; however, quality development on the bay will not occur if there is undue emphasis on water dependant and water related uses. Thank you. Sincerely, D.T. Daniels Vice President S3 From: Campbell, James Sent: Tuesday, March 20, 2001 4:34 PM To: Alford, Patrick Subject: FW: Mariner's Waterfront/Harbor & Bay Element -----Original message----- From. Keenan Smith (mailto: keenan@citylightsdesign.ccm) Sent: Tuesday, March 20, 2001 1:31 PM To: Norma Glover; Sharon Wood Cc: Jim Campbell; Lee Anne Kirby; Tal Jackson Subject: Mariner's Waterfront/Harbor & Bay Element Norma, Sharon, et al. . . I spent a few momenrs in the last couple of days reviewing the proposed arbc= and Bay Element" which Mark Murrell distributed at our last -ariner' s Mile Business Owner's Association meeting on March 14_ My reaction is that it is a good piece of comprehensive planning work, focusing on policies which preserve, enhance and promote efficient operations on one ❑f Newport's most obvious assets. In thinking about the goals, policies and implementation suggestions of the Harbor and Bay Element vis-a-vis our work ❑n Mariner's Mile, the following co.nections, thoughts and recommendations come to mind: 1.' Support Passage and Approval. --------------------------------- The approval ❑f the Harbor and Bay Element allows it to "take the lead" '''n establishing, strengthening and supporting policies co-comminant with our strategic ❑bjective of promoting a vibrant public waterfront on Mariner's Mile. It makes it a little easier for us. 2. Coordinate Efforts. ----------------------- We should look for areas of policy co-alignment and implementation strategies which can mutally reinforce the Mariner's Mile Waterfront and Harbor/Bay Element objectives. I think there are many of these, such as: pedestrian walkways and connections, incentives to protect water-dependent, water-related and water-enhanced uses, establishing guidelines to preserve the marine character of the waterfront, etc. 3. Re--visit the Waterfront Strategies of the Mariner's Mile Strategic Vision. If the Harbor and Bay Element is successfully initiated, we may wish to our concepts and ideas in appropriate sections of the the Strategic Vision. ant Design Framework with an eye to coordinating and cross-referencing the two documents, and reinforcing strategies for the waterfront along Mariner's Mile. 4 . Mariner's Waterfront: Demonstration Project. ------------------------------------------------ Taking one step further, would it make sense at some point to build on the potential momentum created by tlne Harbor and Bay Element by perhaps initiating a "Mariner's Waterfront Concev= Plan" which croposes implementation of some the key concepts and applicable ideas? We have said all along that the waterfront on Mariner's Mile is it's most important but best hidden asset- Maybe the ti :e has come (or is close at hand) for moving some of ❑ur ideas forward, 5,A underwritten, propelled and reinforced by the policies of the impending Harbor and Bay Element. 5. A Larger Vision. -------------------- In summary, I think the proposed Harbor and Bay Element is worthy both for its motives and content, and holds obvious implications and perhaps even promise for the overall strategic objectives we've been working on for the waterfront on Mariner's Mile. After "The Village, " I'm thinking "The Waterfront" may be "tile next piece" we work an implementing. "The Waterfront" would connect to (and reinforce) the sense of place we are trying to create in "The Village." Taken together, a comprehensive and coordinated plan for both the "Village" and "waterfront" would create a backbone for positive redevelopment and set the stage for a potentially incredible tranformation of Mariner's Mile. Comments invited. thanks, Keenan --------------------------- City Lights Design Alliance P.O. Box 1166 Dripping Springs, Texas 78620 tellfax 5I2-264-3031 Weber Plywood & Lumber Co., Inc. March 21, 2001 Tony Meium, Director Harbor Resources Division City of Newport:Beach P.O. Box 1768 Newport Beach, CA 926588-8915 Dear Mr. Melum: I am in receipt of your letter of March 6, 2001 regarding the General Plan Harbor and Bay Element l have read it thoroughly and all i can say is that it all sounds good until we get to the bottom fine. My concern here is you Can't do all these things without hiring a lot of people and having to pay for them. So, my question becomes how are you going to implement the revenue and in what areas, from whom, why, when and how marry people are you going to have . mploy to do all these things—that's the bottom line I certainty would like a ply to these questions. I am an owner and have a boat slip in front of my ho a but I'm not just concemed with that, I'm concerned with the whole area. I w uld-appreciate hearing.from you. Best reg , on er 7 ? L o Park Dr. Ne ort Beach, CA 92663 Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Winston H. Hickox Cypress, California 90630 Gray Davis Agency Secretary Governor California Environmental Protection Agency March 28, 2001 PCi�l�D PLANNING C1 T Y C);: riE 0 AN1 �1 Mr. Patrick J. Alford 71819 10 11 i� 11 2 L1= 5 6 Senior Planner ! { E -' l Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 NOTICE OF COMPLETION OF A NEGATIVE DECLARATION FOR THE HARBOR AND BAY ELEMENT - 2001031075 Dear Mr. Alford: The Department of Toxic substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: I) The N❑ needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whe-01er conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 4) An environmental assessment should be conducted at the project area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at www.disc.ca.gov. Q U Mr. Patrick J. Alford March 28, 2001 Page Two 5) The ND indicates the presence of 14 schools within 2 miles of the project area. Even though less than significant impact is expected from the proposed project, a study shouid be conducted to provide basic information: for determining if there is a potential threat of the release of any hazardous materials at the site that may pose a health risk to students and faculty members attending the schools. 6) if during construction of the project, soil contamination is suspected, stop construction in the area and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479. Sincereiy, Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governors Office of Planning and Research State Clearinghouse 1400 Tenth Street Sacramento, California 95814 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 , -STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS.Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 oceangate,Suite 1040 REC=IVED BY .a Long Beach,CA 90802-4302 (562)590.5071 PLANNING DEPARTMENT C17l' OF NE01P0F i D*PH'�3, 2001 Patrick J. Alford Senior Planner A l Oil � b 2001 ��j City of Newport Beach Planning Department 7;81` IID;11;?dirt I131-1�1� 3300 Newport Boulevard--P.C. Box 1768 Newport Beach, CA 92658-8915 RE: Harbor and Bay Element City of Newport Beach General Plan Amendment SCH # 2001031075 Dear Mr. Alford: Thank you for the opportunity to comment on the Negative Declaration for the proposed Harbor and Bay Element of the City's General Plan (GP). The comments provided below identify preliminary concerns which Coastal Commission staff believes should be addressed in the proposed General Plan Amendment. Of primary importance is the way in which the amendment will affect the City's certified Land Use Plan (LUP). Based on our review of t�e proposed Harbor and Bay Element, we recommend that the City process the document as an amendment to the City's certified LUP (as will be discussed below). A more detailed analysis by Commission staff will be conducted at the time an LUP amendment request is submitted. Please be aware that additional information not addressed by this letter may be requested at the time of a subsequent Commission review. Certified nand Use Plan (LUP) The Harbor and Bay Element states that the document is "not intended to supplant or modify the Land Use Plan of the City's Local Coastal Program." In addition, the Initial Study checklist identifies "no significant impact" in response to question IX(b) (Land Use and Planning). However, the document provides policy guidance that directly affects activities and development within the Commission's jurisdiction in the Newport Harbor area. Not only does the document discuss land use issues on sites adjacent to the harbor, but it also discusses activities within the Commission's original jurisdiction area (tidelands, submerged lands, etc.)that would be retained even if the City were to achieve LCP certification in the future. As such, we recommend that the proposed GP element also amend the certified LUP pursuant to Article 15 of Title 14, California Code of Regulations. If not structured to be consistent with the certified LUP and the policies of the Coastal Act, implementation of the proposed Harbor and Bay Element could be jeopardized, as the policies of the LUP and Coastal Act will take precedence during review of a project in the Newport Haruor by the Coastal Commission. Additionally, there is no discussion in the document that informs users that subsequent Coastal Commission review is required. Therefore, it is feasible that an appiicant may believe that since their project meets the policy intent of the City's Harbor and Bay Element, that Commission approval is a "given." To avoid confusion, it is important to develop policies consistent with the Coastal Act and to inform potential applicants of the entire review process for projects with the harbor area. We recommend that language be incorporated into the document that outlines the Coastal Commission's coastal development permit (CDP) process for applicants. Land Uses When discussing the diversity of land uses (page 3), the Harbor and Bay Element identifies "water dependent"uses as the highest priority, "water related"uses as the second priority and "water enhanced"uses and the third priority. However, it is unclear what level of priority is placed on "waterfront residential communities." g c, Page 2of4 As defined in Section 30191, "coastal-dependent development or use"means "any development or use which requires a site on, or adjacent to, the sea to be able to function at all"and "coastal- related development"means any use that is "dependent on a coastal-dependent development or use." The Commission considers residential development a low priority use, as it is neither coastal-dependent nor coastal-related. Parking Waivers and Other Incentives The document repeatedly refers to the use of"parking waivers." Section 39252 of the Coastal Act supports the provision of adequate parking facilities or the provision of substitute means of serving the development with public transportation. The Commission requires new development to provide sufficient parking to serve the demand it creates. By waiving parking requirements, a deficiency may be created which would adversely affect public access to the Harbor. Please describe how the parking waiver program would be implemented and discuss how the potential deficiency would be addressed (i.e. through in lieu fees to construct a shared parking garage). The proposed document also refers to density bonuses, transfer of development rights and floor area waivers. These incentives may have direct impacts on parking requirements and the provision of adequate visitor-serving uses within the Harbor area. These incentives may also result in an intensification of current land use patterns. Pursuant to Section 13253 of Title 14 of the California Code of Regulations, any change in intensity of use requires a coastal development permit. Consequently, the Harbor and Day Element should acknowledge that the implementation of the aforementioned incentives would trigger the need for Commission review. Long Term Tideland Leases The Harbor and Bay Element addresses the "use of long term tideland leases rather than the current system of annual harbor permits as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands." Please describe the current system for issuance of harbor permits and where these types of permits are required. How would the proposed "long-term"tideland leases differ from the current system? Would the use of a long-term program be consistent with the City's tidelands grant statutes Assembly Bill No. 1422, 1978)? Vessel Berthing and Storage The proposed document discusses the encouragement of guest dock capacity throughout the City (page 7). It appears that some of these are private facilities (ex. yacht clubs) and some public (ex. City facilities). Commission staff would encourage the expansion of public facilities wherever possible. The allowance of"live-aboards" is also discussed in this section of the document. What type of off- street parking requirement would be applied for this type of use? Are these currently allowed under City ordinances and how is the use regulated? The section also discusses the continued authorization of 'piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses." This policy (and others throughout the Harbor and Bay Element) allows an inordinate amount of deference to protection of private property rights and waterfront residential uses at the sake of public uses. The proposed GP amendment should include policies that require private residential development and associated docks to be designed so as not to adversely affect public access or recreation. For example, private docks crossing public land (seaward of the MHTL) obstruct lateral access. Existing obstructions should be removed as opportunities arise and new docks should be sited to preserve and enhance public access wherever possible. Specifically, the pier and dock policy referenced above should also include conditions that enhance water quality, maintain and/or enhance public access where feasible, and minimize adverse impacts to marine resources (including the minimization of fill of coastal waters, etc.) �C Page 3 of 4 ❑red Page 8 of the proposed GP element states that the City would facilitate necessary periodic dredging by "working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor." The document should acknowledge and reference State and Federal laws and standards regarding dredging and beach nourishment activities. For nourishment activities, this would include grain size analysis, color testing and chemical testing" Commercial Development The proposed Harbor and Bay Element addresses the redevelopment of existing commercial areas. The provision of low cost, visitor-serving commercial development should be encouraged wherever possible as redevelopment occurs. Public Access The proposed document discusses the provision of "public access detours" through areas developed with marine sales and service uses. The City should encourage future relocation or reconfiguration (i.e. siting new development or substantial redevelopment further inland) of these activities in order to allow unobstructed public access, thereby minimizing or avoiding conflicts entirely. In addition, this section of the proposed document includes a policy that encourages the "expanded development of public pedestrian access systems." However, the policy focuses primarily on commercial areas. Public access systems should be encouraged throughout all parts of the City, including residential areas. Also, where bulkhead replacements are proposed seaward of their current location, the City should address the feasibility of obtaining some form of dedicated public access to mitigate the loss of open coastal waters. The document references the private construction of public waterfront elements. Outdoor dining is referred to as a public use area. Please note that outdoor dining should in no way interfere with public pedestrian access and should not be allowed within a public right-of-way" Water Quali While we recognize that a water quality section has been included in this document, the policies provided are somewhat general in nature. A more detailed guidance document may be of greater use to applicants. Visual Character/Bulkheads The section beginning on page 15 addresses the waterfront image of Newport Harbor and discusses the consideration of "new or renovated bulkhead permits_" The language in the GP amendment does not address the minimization of fill of coastal waters or the need to protect existing structures. Section 30233 of the Coastal Act limits fill to eight enumerated uses and requires implementation of the least environmentally damaging feasible alternative. Section 30235 of the Coastal Act states, in relevant part: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply... The document should incorporate the requirements of the Coastal Act regarding the construction or replacement of protective devices such as bulkheads. Structural methods for sand retention should be avoided where feasible. However, if the placement of a bulkhead within the Harbor is deemed allowable, appropriate mitigation should be required to regain public land lost through the construction of a protective device in open coastal waters (as discussed in the Public Access comments above). r �- Page 4 of 4 Administration The proposed GP amendment discusses the creation of a "reference document"that would assist applicants understand and comply with "all Harbor and Bay regulatory and permitting processes.' Until the City obtains a certified LCP, coastal development permits will be required from the Coastai Commission. Consequently, it is important to outline the Commission's CDP process as part of any reference document. Sensitive Natural Resources Beach nourishment and dredging are discussed on page 18. However, there is no discussion regarding potential effects on sensitive resources such as eel grass or aquatic species. The document should include policies (perhaps an entire section) regarding the protection and enhancement natural habitat and species when developing any type of "comprehensive program for monitoring and nourishing beaches." Thank you for the opportunity to provide input into the development of the City's Harbor and Bay Element. If you have any questions, feel free to call me at (552) 599-5071. Sincerely, Anne L. Kramer Coastal Program Analyst cc: State Clearinghouse Fife STATE OF CAUFORNiA GRAY DAVIS, Governor CALIFORNIA STATE LANDS COMMISSION PAUL D. THAYER, Executive Officer 100 Howe Avenue, Suite 100-South s ._y (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 x; ' cafifomia Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX. (916) 574-1955 April 16, 2001 File Ref: G09-02 Ms. Nadeli Gayou The Resources Agency 1020 9Rh Street, 3rd Floor Fl;yP_IVED S`J Sacramento, CA 95814 P?'NNING DwF;nP;%1c-Ni 1 Mr. Patrick J. Alford, Senior Planner i1� i t t[ 1 City of Newport Beach AN1 PN9 3300 Newport Beach — P.Q. Box 1768 71C19110 I I 1 y�1,2-i31=�5;6 Newport Beach, CA 92658-8915 Dear Ms. Gayou and Mr. Alford: Staff of the California State lands Commission (CSLC) has reviewed the Negative Declaration (ND) for the proposed General Plan Amendment to adopt a new optional element of the General Plan, SCH #2001031075. According to the information provided, the proposed Harbor and Bay Element addresses uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. Based on our review of the materials provided, we offer the following comments. Under the California Environmental Quality Act (CEQA), the City of Newport Beach is the Lead Agency and the CSLC is a Responsible and/or Trustee Agency for any and all proiects that could directly or indirectly affect sovereign lands. their accompanying Public Trust resources or uses, and the public easement in navigable,, waters. The Proposed Harbor and Bay Element area includes: • Sovereign lands legislatively granted to the City of Newport Beach and managed by the City according to with the legislative grant of tidelands (Chapter 74, Statutes of 1978), as amended; • Sovereign lands legislatively granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, and amended by Chapter 415, Statutes of C'r-� Ms. Nadel)Gayou Mr. Patrick J. Alford April 16, 2001 Page 2 1975. Pursuant to Chapter 415, a portion of the sovereign lands were granted back to the CSLC and leased (PRC 5091) to the California Department of Fish and Came (CDFG) for management as part of the Upper Newport Bay Ecological Reserve. In reference to Goal HB-1 #5 "Waterfront residential communities", the CSLC, along with the Attorney General's Office, has taken the position that residential uses are not an appropriate public trust use for tidelands legislatively granted to a local municipality. We understand that residential communities do contribute to diversity, however, our concern is where these residential communities are/or will be located. Inasmuch as the Harbor and Bay Element by definition are limited to areas waterward of the bulkhead and/or mean high tide fine, nearly all of those lands involved are likely to he subject to the Public Trust Doctrine and the granting statutes. Objective HB-1.2, implementation Strategies, #5, states "Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, Boats, and structures on tidelands." The granting statutes (referenced above) state that the City may grant leases on tidelands not exceeding 50 years. General practice of the CSLC is to grant leases not exceeding 10 years. What is the City's intent to the proposed long-term tideland lease? What does an annual harbor permit consist of? How do these two differ? Objective HB-1.3, Policy HB-1.3.6, would "Allow `live-aboards' subject to restrictions on the number of 'live-aboards' as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal."What are the details of such restrictions? How many live-aboards are there now? Residential use of Public Trust lands is allowed only to provide security or a necessarily incidental benefit to the trust property, such as a marina caretaker/security guard. We appreciate the opportunity to comment. if you have any questions or comments concerning the CSLC's jurisdiction, please contact Jennifer Reischman, Public Land Management Specialist, at (916) 574-0234. Sincerely, Dwight E. Sanders, Chief Divisil n o€ Environmental Planning And M gement cc: Curtis Fossum, Senior Legal Counsel Jennifer Reischman ��l 1'HOM aS B. MAT HEWS EWS 4� Co"nty of orange PIRECTOA 43 300 Y, FLDWER ST. S.ANTA .AAA. CALIFORNIA ti Planning & Development Services Department L1po MALLSKG ADDRESS: r.o. sox 404E SANTA ANA. CA 92702.4049 NCL 01-24 April 17, 2001 Patrick J. Alford, Senior Planner City of Newport Beach `;` PLANNING _%IENT Planning Department rC{1 1Yyr NE , Cam- l�l { I alp �I'. �`!.'. M 3300 Newport Boulevard P.O. Box 1768 r:i'st- .;u Newport Beach, CA 92658-8915 AN1 71819,'-0,I1;?7y [ ,3l:i516 SUBJECT: Nesiative Declaration for the Harbor and Bay Element , Dear Mr. Alford: The above refere--.ced item is a Negative Declaration (ND) for the City of Newport Beach. The proposed citywide project is a General Plan Amendment to adopt a new optional element of the General Plan_ The proposed Harbor and Bay Element addressing uses of the water and waterfront property in Newport Bay and Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. The County of Orange has reviewed the ND and offers the following comments regarding open space and recreation. Y A. The proposed element should acknowledge provision and operation of County Harbor Patrol service which includes,but is not limited to, boating assistance and emergency assistance both in Newport Harbor and the high seas. B. The County of Orange owns significant tidelands in Newport Harbor. Examples consist of both water and land including Harbor Patrol headquarters, Bayside Drive Beach and Newport Dunes Aquatic Park, and most of the outer perimeter of Harbor Island. The proposed element should also acknowledge this information within the proposed elem-trtt, Thank you for the opportunity to respond to the ND. if you have any questions, please contact me or feel free to call Charlotte Harryman directly, Charlotte may be reached at (714) 834-2522. Very truly yours, *GeorgeStn, Manager Environmental and Project Project Planning Services Division CH C, } STATE of CALIFORNIA BUSINESS AND TRANSPORTATION AGENCY GRRY DAMS.Govef DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Wne,CA.92612-0661 .April 18th, 2001 Patrick J. Alford File: IGRICEQA City of Newport Beach SCH#: 2001031075 Planning Department Log #: 881 3300 Newport Boulevard P.O. Box 1768 Newport Beach , CA 92685-9815 Subject: An Amendment to add a Harbor and Bay Element to the General Plan Dear Mr. Alford, Thank you for the opportunity to review and comment on the Negative Declaration for an amendment to add a Harbor and Bay Element to the City of Newport Beach General Plan. The project consists of a General Plan Amendment to adopt a new optional element of the General Plan. The proposed Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Spare Elements. Caltrans District 12 status is a reviewing agency on this project and would like to work in active partnership with the local jurisdictions and the private sector to ensure that: • All of the elements of a General Plan, whether mandatory or optional, mast be consistent with one another. • The General Plan states policies stressing Caltrans coordination and early involvement in project and program development. ■ The General Plan addresses the fact that Caltrans has regulatory authority over certain developments that directly or indirectly impact State Transportation facilities. • The General Plan, specifically the Transportation/ Circulation element takes the regional overview of the transportation issues, problems, and solutions in to consideration. Including language requiring the City to develop policies stressing coordination between the City and Caltrans early in the land use and transportation planning process. c� April 18, 2001 Page 2 ■ Adequate mobility and choice for the Transportation of people and goods. Caltrans right of way and possible need for encroachment permits are identified, and that any activity in Caltrans right of way will require an encroachment permit. Applicants need to plan for sufficient permit processing time, which may include engineering and environmental studies and documentation. Please continue to keep us informed of this project and other future developments, which could potentially impact our Tra-isportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincere y, '6 Robert F. Jose h �hief Advanced Planning Branch cc: Terry Roberts, OPR Ron Helgeson, HD4RTRS Planning Roger Kao, Hydraulics 1. � R'c-CONED S r PLANNING DEPARTMENT CITY C?= NFG"taf`caT r r_A Dear Mr. Alford, ANI PM I have two concerns about the Harbor and Bay Element of th* proposed General Plan. The first is noise. At your meeting it was inferred that there is already an element in the general plan that controls noise. It is not working! In our area there are two major offenders; The first is the Balboa Bay Club. Dn Friday and Saturday nights, especially in the summer they have outdoor parties with bands that play so loud that outdoor living at any home on Via Lido Nord is impossible. I have complained verbally and in writing,to the Bay Club and to the police. Nothing changes. The second is the increasing number of large party boats an the bay, especially the Hornbiower group. I understand the need for public access to the bay and know that there is a ten o'clock curfew, but there are more of these boats every year and the noise level before ten would be unacceptable on any residential street in Newport. Why is it tolerated for those of us who live on or near the bay? My other concern is water pollution. At your meeting I suggested dye tablets as occurs in Avalon. The inference from those who responded was that it was impractical and unenforceable. I disagree. How about a trial run? First a large publicity campaign stating that the tablets would be placed at random, that violators would receive large fines and be banished from the bay for twelve months. A phone number could be included for the public to call and report violators. Then put two to three hundred tablets in boats at random and see what happens. Incidentally, the legality of fines and banishment has been successfully tested in court by the city of Avalon. I will look, forward to your future meetings and will hope that your efforts will enable us to avoid destroying the bay in the name of publiil SincFritzrho 662 Via Lido Nord Newport Beach, Ca. 949-673-0926 JAMES E . MUNROE RECENEDBy QLANNING DEPARTMENT ACT CITY CF t�EW CI� PM 5,2tf01 AM SAY 10 20 7181911011I 1z 1112131A1S 16 City of Newport Beach 3306 Newport Blvd Newport Beach,CA 92658-8915 :Attention: Mr.Patrick].Afford Senior Planner Subject: Harbor and Bay Element Please consider the following additions to the 11/15/00 test discussed at the open hearing on 4/11/01. The suggested changes would bring consideration to the residential requirements of the water-related uses_ Page 3 Goal HB-1 paragraphs S. Waterfront residential communities (add) "including water-dependent and water-related and water-enhanced uses of beaches and piers" Page 8 Objective paragraph 3 Facilitate necessary periodic dredging for safe navigability and access to marinas, (add) "Facilities and residences;, Page 22 definitions Water Dependent Use boatyards,yacht/sailing/boating/fishing clubs,(add)"residences". Adding this terminology would give consideration to residential uses equivalent to that given the commercial uses. Sincerely, J James E.Munroe 1810 SOUTH DAY FRONT BALBOA ISLAND 92662 PHONE 949 673-6497 FAX: 949 6763-W1 City of Newport Beach DRAFT Planning Commission Minutes ' r May 17, 2001 �-`w� ;.�_.�' .�..� INDEX e slowly developing new budget nodules and line items to transfer these stu 'es into the operational budgets of the various departments as opposed to the ital Improvement Program, which really should be for infrastructure and physic ' provements. Commission Gifford asked about the Storm Drain Improvement Program on page 9 noting at most of the funding is going to Balboa Boulevard from Medina to 12+n St t. Are there future years in which Balboa Boulevard storm drain improvements e being funded? Mr. Edmonston answere at there are on-going projects. The next one is from 121h to 1611, Streets and fr there on up. There is a series of matching improvements and this bud item will be used to do the drainage work associated with each phase. Commissioner Gifford then asked if th e is any overlap with the improvements here for storm drains and the improvem is to Balboa Village? Mr. Edmonston answered that the Balboa Vi ge project has a more complex series of fundings associated with it. Ihere is dr " age work in that project, but if if shows up here, it is my understanding tha the Balboa Village item is separate and not in this item. Motion was made by Chairperson Selich that the Plan . g Commission finds that the Capital Improvement Program. FY 2001-02 is nsistent with the General Plan, Zoning Code and other planning policy docu ents and direct staff to present this recommendation to the City Council. Ayes: McDaniel, Kiser,Agajanion,Selich.Gifford,Tucker Noes: None Absent: Kranzley SUBJECT: Proposed Harbor and Bay Element Item No.5 (PA2001-050) PA2001-050 The Harbor and Bay Element is a new optional element of the General Plan Recommended for intended to address uses of the water and waterfront property in Newport Bay Approval and Harbor. Senior Planner Patrick Afford noted the following excerpts from the staff report: Add a new element to the General Plan. The new element would provide for five major goals: ➢ Diverse use of the harbor by setting priorities of land use established by current Local Coastal Program and the Coastal Act. ➢ Public access to the Harbor, provision of parking. launch ramps, moorings and other forms of access. 4 f�{ . City of Newport Beach DRAFT Planning Commission Minutes May 17, 2DDl � INDEX D Environmental protection with the emphasis on water quality and cooperation with the various resource agencies that have jurisdiction over the Harbor and Bay, particularly the Upper Newport Bay Visual character with the emphasis on the aesthetics of harbor structures and the protection of harbor landmarks. Administration with emphasis on coordination with the County, State and Federal agencies that have jurisdiction over the waters of the harbor and the provision for the facilities necessary for the on-going administration and maintenance of the harbor • The Economic Development Committee reviewed this proposed element and has unanimously recommended that the PIanning Commission recommend approval to the City Council. • This item is to be reviewed by the Environmental Quality Affairs Committee on May 215i Commissioner Tucker questioned at what point does the Planning Commission jurisdiction start and what is to be done when an application is received. The Element seems to deal with what starts as the project line into the Bay, but there are references to what happens on the land that is next to the Bay or adjacent to the Bay and, in one or two cases, it is not clear how far from the Bay one gets before a policy comes into effect. Mr. Alford explained that it is not the intent to establish exact iines of demarcation, particularly on review authority. This will be an Element of the General Plan so the City will review projects against this and other policies of the General Plan. It is a matter of which policies are applicable. If there is a land use issue, for example, that could affect harbor operations, there are severai policies here that could come into play and the project would have to be analyzed for consistency with those policies. Commissioner Tucker noted that if the Planning Commission gets an application for a Use Permit for a use that is within the project line next to the Bay, that application is consistent with the zoning of the property but do we then look at what the policies are in this Element to decide whether to grant the Use Permit even though it may be a use that is consistent with the zoning? Does it go that far? Mr. Alford answered that if there is discretion involved, most likely there is a finding that it has to be consistent with the General Plan. The application would have to be reviewed against the applicable policies of this Element. Consistency with zoning would not be the only issue. The hope is that the zoning is implemented in such a way that it is always consistent, however, there are always some uses that need additional review. Commissioner Tucker then asked about Objective HB-1.1.2: 'when reviewing proposals for land uses changes, the City shall consider the impact on water dependent and water-related land uses and activities and the importance of 5 �o� City of Newport Beach DRAT Planning Commission Minutes ' May 17, 2d01 �____w_- -__-- _.. .� iNI�EX providing adequate sites for facilities and services essential to the operation of the Harbor....' How for from right on the bulkhead, does that extend? If we have a boat yard that is 100 yards off the water and not on the street do we look at that? Mr. Alford answered that the Planning Commission will have to use its best judgement on how far to extend. The intent is to deal mainly with the uses within the immediate vicinity of the Bay. If, for example, there was a land use that might introduce residential land uses in, an area that has been predominately commercial, particularly our marine/recreational commercial uses, then it is possible that future residences there might produce a land use conflict with those uses and could endanger future operations. That would be one factor to be taken into consideration, if you are looking at a potential land use change. If if is not a zoning or land use amendment, like a mixed use project similar to the one in Cannery Village/McFadden Square area that the Commission heard recently, this was introducing land uses into an area that was primarily commercial and there was a question of compatibility. Commissioner Tucker then asked about, '.... However, in no case, shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property.' Viable and highest use, or even close to highest use, are not necessarily the some. Certainly a property could have many potential uses, some viable but perhaps not the highest and best use, or the use desired by that ownership. How do we deal with something like that? Mr. Alford answered that it would be addressed as a land use issue. You have to provide viable economic use of the property. He then added that this was one of the major issues the Harbor Committee had to deal with and that is haw do you protect certain uses that are considered essential to the operation of the harbor but still protect property rights. You do have to maintain the viable economic use of the property so you ore not involved in a taking. At the some time, you have to provide a number of incentives or other mechanisms to try and encourage those uses to continue. Looking at that in combination with the other policies and that major goal, the overall intent is clear that it is meant to achieve that balance between the protection of private property rights and the protection of those uses that are necessary for the continued operation of the Harbor. At Commission inquiry, Mr. Alford noted: In 190 the City Council ❑ppointed a thirteen member Harbor Committee. • They were given the broad charge of making recommendations concerning the activities of the Harbor to the City Council. • A major project has been the proposed Harbor Element that has taken two years to draft. • The Committee is made up of a number of residents, commercial Business owners and general users of the Harbor. 6 i� 3 City of Newport Beach DRAFr Planning Commission Minutes � May 17,2QD1 INDEX Commissioner Kranzley,referring to page 3 of the proposed Element, diversity of uses and objectives. You have the five uses,are they prioritized? Mr. Alford answered that the order of the diversity of uses is not indicative of priority. The Local Coastal Plan and Coastal Act do recognize that the highest priority be given to water dependent uses. The ones that we have identified as wafer enhanced or other uses are of a lower priority. Commissioner Kranzley, referring to page 4, asked about public parking and public access for all waterfront uses. What does that mean, more or the same amount only better? I certainly do not want more parking on the Peninsula, because there is never enough. I agree with improving existing parking, but 1 do not agree with providing more parking. Referencing page 7, he asked if the docks at the Balboa Bay Club were for member use or public use? The land is city owned and leased to the club. Ms. Clauson noted that the marina and dock are all part of the ground lease that the City entered into with the Balboa Bay Club_ There was provision of lease payments to the City, but I don't know if we negotiated, as part of that, a certain percentage of the docks to be available for public use. Continuing, Commissioner Kranzley, referring to page 16,'..identifying areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse'...how are we going to do that? Will it be based on date built? For instance, the Cannery Restaurant was built in the 70's, yet there are people in Newport who feel that is a landmark. Now will this be determined,as there will be some restrictions placed on those buildings? I think that owners of those buildings may have concerns about what this means to their properties. Ms. Clauson answered that this is a policy document, so the implementation of that will be part of the next step in the process. It is an interesting concept, as there is a difference between what is considered a landmark and something that has historical architecture. Malting determinations will be part of this policy that we will look at on something, whether it is a landmark versus whether architecturally it's an historic building. Originally, the Cannery was there. The architecture was new and rebuilt to reflect the historical landmark of the fact that there was a cannery there. Commissioner McDaniel noted he shares some of the concerns expressed. It needs to be somewhat general, although we are used to something more specific. I understand that CalTrans has questions as well as the Department of Toxic Substance Control and of course the Coastal Commission. If we send this forward, does the document need to be tighter? Mr_ Alford answered that these agencies were asked to comment on the Negative Declaration that was prepared. As stated in the report, none of them identified major environmental issues and I think that some of what they said P i • City of Newport Beach ! DRAFT Planning Commission Minutes May 17,2001 INDEX could be taken out of context as boiler plate responses to projects that are more specific. In the case of the Coastal Commission, they did have a number of comments, and I think that again the case is where they have identified certain issues and have more or less pointed out things that they are interested in as they review documents submitted to them for approval. This is relevant because we are beginning the process of starting with the certification of our Local Coastal Program (LCP) and integration of the Harbor Element into that program and there will be major issues. I think the Coastal Commission just basically wanted their issues known up front. They did not identify any inconsistencies with the Coastal Act, or our LCP, so € don't think that it necessarily leads to any significant revisions. However, if you feel that it is appropriate that we address their comments directly, we can g❑ back and work on the document and try to re-word the language so that it addresses their concerns. Basically,we feel the document is fine in its current form. Ms. Temple added that she was in a meeting today with the Coastal Commission staff and this question did come up. They did not indicate any serious problem with what was done with this proposed Element. Their primary issue was maintaining internal consistency between this Element and our existing Land Use Plan and how they see the certification process moving forward. They just gave us a heads up. but did not express to us that they felt the Harbor Element in and of itself was going in the wrong direction. Commissioner Agajanian brought up public access (HS-2) and visual character (HB-4) stating that neither of these make a statement about accessing view or that She visual character of the view of the harbor is of value. There are no policies related to the view shed of the harbor. Is this covered in other documents, or is it excluded in this one for a particular reason? Ms. Temple answered that significant public views have been identified for preservation as we consider land use decisions in our Loco] Coastal Plan currently. Commissioner Kiser, referring to page 3 of the staff report. noted that, '.. the Coastal Commission did not identify any direct conflicts with the Coastal Act and only suggested revisions that .......and expand upon Coastal Act policies.' Would this proposed Harbor Element expand upon Coastal Act policies? Mr. Alford explained that the paragraph stafes that the Coastal Commission didn't identify any conflicts, however, they did fee[ that there were certain things that needed additional attention. For example, because we allow waterfront residential communities. they point out to us that those are very low priority in the coastal zone. They suggested that perhaps there should be more discussion or clearer language in the Element to make that point known. Simi€arty, there was a comment dealing with protection of sensitive marine biology like the eelgrass. The wanted additional language addressing that. In short, they had certain things that were very important to the Coastal Commission and they wanted more emphasis in the document, however. they 8 f i - City of Newport Beach DRAFT Planning Commission Minutes ^ May 17,200 _.__._.. INDEX did not go so far to say that the Harbor Eiement was lacking or somehow inconsistent with Coastal policies. They just wanted to elaborate on the issues they felt were important. At Commission inquiry, Mr. Alford stated that this document does not enhance the authority or expand the authority of the Coastal Commission in approving projects in Newport Beach. Adding issues expressed by the Coastal Commission would also not give them more power, it would only place ❑ greater emphasis on the parts they consider important. Commissioner Agajanian asked if the encouragement of the creation of ❑ single waterfront public pedestrian space was an urban design decision at this paint, or is there an interest on mUtiple points on the waterfront as a target for our development? Mr. Alford answered that the committee felt that something like this was necessary to serve as a focal point for Harbor activities. One of the things they want to do is to make sure the Harbor is user friendly and that those facilities are identifiable and there would be an area on the waterfront that would be recognizable enough as the center of the Harbor. The policy calls for encouraging a focal point. Other policies in the document indicate that there should be some connection between the various activity areas in the Harbor. Water taxis and other types of access are considered in the document. Public comment was opened. Mr. Seymour Beek, 528 So Bay Front, spoke as Chairman of the Harbor Committee noting that the discussion brought up several good points about this document. These are also the same points that the Committee spent considerable time on. particularly the point of balancing private property rights and the interest of diversity in the Harbor. These are difficult issues and we came out with a lot of compromises in the document. I think it is one that all of the Committee members will stand behind and are quite happy with. Continuing, he noted the diversity of the membership of the Committee: bayside businesses were represented, the homeowners were amply represented particularly the Bayside residents, mooring owners were represented and the document reflects this diverse representation. Commissioner Kranzley commended Mr. Beek for the work done on the document. He asked the speaker for comments on parking and impacts on the Peninsula caused by parking. Mr. Beek noted his agreement about the parking on the Peninsula. However, the committee did not come up with specific issues of parking, but in working on the document, the committee realized that there is certainly an interaction between the things we talk about here and roads and parking. However, we did not feel it appropriate to go into there within this document, although there Clearly is a relationship. 9 r - DRAFT City of Newport Beach Planning Commission Minutes ------ _._�. May 1 y, 2001 INDEX Commissioner McDaniel asked about the CafTrans and Coastal Commission interface. Did you meet with them while drafting this document? Mr. Beek answered that there was no meeting with CalTrans or Coastal Commission representatives. There was no involvement in the draft of the document. The city staff sent copies to the Coastal Commission staff and various other agencies as a courtesy to get their reaction and comments. Burt OhUg, 305 Morning Star Lane noted his appreciation of the protection being afforded the bay. He noted the following: • Protecting - equal balance for families, retirees for the limited access that exists on the bay. • Activities on the water are disruptive to the neighborhood, as water tends to carry sound. In certain bay areas, elevations create a 'bawl'. The enforcement occurring now is inadequate. I question whether an activity center should be in this Efement, or a more suitable site for activities where there is a better opportunity for sound attenuation. • Waivers and incentives are mentioned in the document. What is the trigger and what are the benefits? In conclusion, he noted that the rest of his comments are contained in his letter that was sent to the Commission May 14tn. Public comment was closed. Commissioner Tucker then asked: Page 3, Goal HB-1 #3 - add, including to but not limited to'. Staff answered yes this could be done, as this item refers to any commercial uses that are water enhanced. Page 5, HB-1.2 -does that refer to water dependent,water related and water enhanced commercial uses or are you referring to uses that are actually in the harbor as defined in the glossary? Staff answered that it is referring to those commercial uses that actually occur within the harbor and also any support facilities that might occur on land. These uses are not completely dependent on water services. Page 8, HB-1.4 - if you have something that has nothing to do with the charm or character of the harbor are you then not encouraging the redevelopment of outdated and antiquated development? Would it be proper to say something to the effect that, 'to encourage the maintenance of the charm and character of the harbor'? Staff answered that is not the intent. Basically the emphasis is on the protection of the commercial areas that are around the harbor that exist and should be protected. Fallowing a brief discussion, it was decided that this paragraph could be re-warded, as the intent is to state that when you do have an antiquated commercial development, that it should be redeveloped and to emphasize that we would like to see it occur in such a way that it would maintain the charm and 10 fib ' DRAFT ' City of Newport Beach : Planning Commission MinutesMay 17, 2001 INDEX character of the Harbor. Motion was made by Chairperson Selich to approve the Negative Declaration making the findings contained in Exhibit 1; and adopt Resolution No. 1529 recommending approval to the City Council of GPA 2000-002 (C) subject to the findings for approval stated in the resolution with the changes suggested by Commissioner Tucker. Continuing, he added that unless we find something overly objectionable that we disagree with, that we should not change this proposed document. The committee has worked on it for two years and a lot of work has gone into it. I would be reluctant to change the wording- Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley, Tucker Noes. None NW-EJECT.. New Subdivision Code Item 6 Subdivision Code City-init ed amendment to revise the City`s Subdivision Code (Title 19 of the Discussion only Municipal de) and to make related changes to Title 20 (Toning Code), Title 13 (Streets, Si walks and Public Property),and other Titles. Ms. Temple noted of approximately 2 years ago, we had a few problematic requests for minor sub ' isions and we discovered a number of problems with our existing Subdivision Co which is Title 19 in the Municipal Code. We also discovered that there are number of areas within that chapter that had not been regularly applied in a n . ber of years and are essentially outdated with the subdivision practices of the and Public Works Department. As a result of that, the City Council initiated a omprehensive update to Title 19, which unfortunately did not come on as fas s we had hoped because the Planning Department was shifting staff resource a ations having to deal with several of the large development projects that you sidered in the earlier part of last year. However, we have now completed the ork, and this is the first look that you will have of the new Subdivision Code as dra d by staff with the assistance of an outside consultant. The organization of the Co Chapter has been totally reworked and put info what we consider a fogical Pram ork, which will allow for its use and ease of understanding and application. Th current Public Works Standards have been highlighted in the Code based o the City's current subdivision practices. From the Planning Department point o iew one of the most important and key features of the updated Code is the revise, findings that the Planning Commission or staff would need to make when de • n criteria contained within the chapter are granted exceptions. One of the stru- • es with the existing Title 19 is that in order to grant a waiver or exception from ose design standards in the Code, the findings that need to be made were essen variance findings, a very high bar. In addition, the Subdivision standar II t� ti CITY OF NINORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: May 9,2000 = y t PLANNING DEPARTMENT Agenda Item No.: U 35°°NEWPORT BOULEVARD Staff Person: Patrick J. Alford r10F0'91 NEWPORT BEACH,CA 926SS (949)644-3235 (949)444-32-;FAX(949)644-3250 STUDY SESSION REPORT TO THE MAYOR AND CITY COUNCIL FILE COPY SUBJECT: Proposed Harbor Element and Harbor Commission SUMMARY: Discussion on the addition of a proposed Harbor Element to the General Plan and the formation of a Harbor Commission. Background On January 11, 1999, the City Council established the Ad Hoc Harbor Committee to make recommendations on any matter pertaining to the Harbor. The Ad Hoc Harbor Committee is scheduled to terminate on June 30,2000. Analysis The Harbor Committee is submitting two documents for the City Council's consideration. The first is a proposed Harbor Element of the General Plan. The second is a set of rules of procedures to be used in the establishment of a Harbor Commission. Proposed Harbor and Bay Element The proposed Harbor and Bay Element would be an optional element of the General Plan. Under State law, a City may include in its general plan any element that relates to its physical development. This element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. The proposed Harbor and Bay Element sets forth five major goals: • Maintain a balance of compatible uses of the Bay,Harbor,and shoreline. ■ Maintain and enhance public access to the Harbor water and waterfront areas. ■ Maintain and enhance the water quality and natural aquatic habitats of Newport Harbor and the Back Bay. • Preserve and enhance the visual character and historical resources of the Harbor and the Bay. • Provide for the ongoing administrationand maintenance of the Harbor and Bay. 1 Each goal carries with it one or more objectives,which would serve as the means of measuring the achievement of the goals. In tarn,each objective has one or more policies,which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. Harbor Commission The proposed Harbor Commission would consist of seven (7) members appointed and approved by the City Council. The Harbor Commission would be structured and operate much in a manner similar to the Planning Commission. As the Planning Commission Is directed to address matters relating to land use and property development, the Harbor Commission would address activities and development occurring in and around the harbor and Upper Newport Bay. Generally, the powers and duties of the Harbor Commission would be limited to areas bayward of the bulkhead line. However, the Harbor Commission may also be required to make recommendations to the Planning Commission and City Council concerning land use and property development applications that may affect harbor activities. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFCRD Planning Director Senior Planner V AV Attachments: 1. Draft Harbor Element. 2. Draft Harbor Commission Rules of Procedures. Harbor ElemendCommission May 9,2000 Page 2 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives exploited .and improved the resources of the Bay to create what is today one of the largest small craft harbors in the world. The natural and manmade resources of the Bay have allowed seaports, commercial fishing and canning, industrial shipbuilding, and, as always, recreation and waterfront residences. While uses have ebbed and flowed over the years, few have left entirely. Therefore, policies and programs need to be established to ensure that the various uses of the Harbor and Bay continue to coexist. The terms "Newport Harbor" and "Newport Bay" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). The Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan under the Government Code of the State of California, which states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is related to all other elements contained within the General Plan. However, the focus of the issues and policies contained in this element is on the uses of the Harbor and Bay and the surrounding shoreline. Therefore, there is a greater relationship with the policies of the Land Use Element. Similarly, since this element places an emphasis on providing open space, recreational uses, and public access, there is a direct relationship to the polices of the Recreation and Open Space Element and the Circulation Element. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program. The local coastal program is required to provide a series of policies and standards that conserve and enhance the coastal resources within a community. The heart of the City of Newport Beach's Local Coastal Program is the Land Use Plan, which contains policies 1 05/02/00 concerning public access, circulation, environmentally sensitive habitats, coastal resources, land uses, and new development in the Coastal Zone. All of these issues are directly related to the Harbor and Bay. Therefore, appropriate policies from the Local Coastal Program Land Use Plan are reiterated or referenced in this element. 1 �P� Baer�N v 1 P n 16 Lower Newport BaIV �` , , f Newport Bay GOAL HB-1: Maintain a balance of compatible uses of the Bay, Harbor, and shoreline while allowing the continued use of the following activities: 1- Water-dependent and water-related recreational activities, including, but not limited to, boating, diving, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities, including, but not limited to, passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial activities, including shopping and dining. 2 05/02/00 4. Waterfront residential communities. 5. Waterfront public recreation areas such as beaches, parks, and related public areas providing access to, and views of,Newport Harbor. Objective HB-1.1: Maintain water recreational activities as the primary use of the Harbor. Policies HB-1.1.1: Sustain and encourage water-dependent and water-related uses and activities as highest priority, water-enhanced uses and activities as second priority, and allow for non-water- dependent/enhanced uses and activities when the above uses are no longer viable or have become obsolete. HB-1.1.2: Discourage changes of use that would replace existing water-dependent and water recreational uses with non- water-dependent and non-recreational uses within established or stabilizing waterfront areas. HB-1.1.3: Provide incentives for visitor-serving compatible uses as replacements for former water-dependent and water-related uses. HB-1.1A Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. IMplementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses. 2. Encourage the development of a harbor-wide upgrade of parking/access for all waterfront uses. 3. Continue the various organized water recreational uses by the private organizations that currently conduct events, examples being the Sea Base, collegiate rowing clubs and yacht clubs. 351o21n0 J 4. Support continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 5. Continue to coordinate harbor event planning through a single agency such as the Harbor Patrol. Objective HB-1.2: Continue commercial use of the Harbor in a manner that balances commercial uses with non-commercial uses. Policies HB-1.2.1: Continue operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Continue operation of short-term rental boats with additional measures, such as education and enforcement, to ensure safe and law-abiding use by renters. HB-1.2.3: Continue operation of entertainment boats at a level compatible with existing bay uses in terms of parking, noise, bay traffic and aesthetics. Implementation Strategies 1. Establish guidelines for the operation of entertainment and work boats to determine the level of compatibility in terms of numbers, frequency,and nature of operation. 2. Provide a system of integrated permit/law enforcement. 3. Refuse permits to operators with repeated infractions of harbor regulations. 4. Consider elimination of, or severely limiting, temporary permits to out-of-harbor vessels (as compared with vessels regularly berthed and operated in the Harbor). 5. Investigate the feasibility of establishing noise standards for waterborne mobile noise sources. 4 05/02/00 Objective 14B-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide moorings as an important source of low-cost public access to the water. HB-1.3.2: Maintain, enhance, and expand marinas and dry boat storage facilities. HB-1.3.3: Permit living aboard boats at identified locations with restrictions on the number of live-aboards. HB-1.3.4: Provide anchorages in designated areas, which minimize interference with navigation and where shore access is convenient. HB-1.3.5. Encourage and enforce the regulations for the condition of moored and docked vessels to present a positive image of the Harbor. HB-1.3.6: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities and at privately owned-marinas, restaurants and other appropriate locations. Implementation Strategies 1. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 2. Facilitate and encourage necessary periodic dredging for safe navigability and access to marinas and for vessel berthing_ 3. Establish and enforce, by regular inspection, appropriate requirements for"live-aboard" vessels throughout the Harbor. 4. Vigorously enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. 5. Provide a convenient and efficient central source for information on temporary mooring and guest dock availability/reservations, accessible by radio, telephone and/or other electronic media. 5 05/02/00 Objective HB-1.4: Maintain and enhance existing harbor commercial uses and use districts and encourage new/expanded harbor-compatible commercial uses. Policies HB-I.4.I: Maintain and enhance existing water-enhanced and water- dependent commercial uses and commercial districts. HB-1.4.2: Encourage new commercial uses that are compatible with existing and desired water-enhanced and water-dependent uses. HB-1.4.3: Discourage changes of use that would place dissimilar and incompatible uses within designated waterfront commercial areas. This is not intended to restrict change of use when the use is no longer economically viable or is obsolete or replaced elsewhere. Implementation Strategies i. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts with design guidelines. 2. Define "Harbor Villages" and village subareas by use, activity, compatibility, and other factors of comparable function, appearance, and visitors/users served. 3. Provide development incentives (water access, mixed use, density transfer, etc.) and public facility support(shared parking programs, public parking, etc.) to existing and new uses/complexes which most typify the Harbor nautical character and which most broadly serve the Harbor user and visitor. 4. Analyze proposed/potential changes of use to prevent changes that are likely to create incompatible uses. 5. Encourage developers to retain otherwise economically viable and community image-establishing waterfront commercial uses, and specific structures, where appropriate, in new projects on the Harbor waterfront 05102/OD �� b. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, waterfront pedestrian areas and guest or water taxi docking within their water frontage. These would only be encouraged where they would not conflict with security or public safety aspects of the use. Objective HB-1.5: Maintain and enhance existing marine sales and service uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Maintain and enhance existing marine sales and service uses serving the existing waterfront uses and boating communities and local and visiting vessel needs. HB-1.5.2: Encourage the development and operation of new marine sales and service uses and facilities. HB-1.5.3: Support private sector uses that provide essential emergency and environmental enhancement functions within the Harbor not otherwise provided by public sector agencies, and in support of those provided by public sector agencies. HB-1.5.4: Discourage changes of use which would replace existing essential emergency and marine sales and service uses with non-water dependent and non-service/emergency uses. This is not intended to restrict change of use when the emergency and marine sales and service use is no longer economically viable or is obsolete or replaced elsewhere. Implementation Strategies I. Identify and define the unique water-dependent characteristics and potentials of marine sales and service uses, and establish specific zoning and urban design controls and incentives for retention and enhancement of these uses. 2. Provide development incentives and public infrastructure support to existing and new marine sales and service uses. 7 05/02/00 3. Encourage existing and new owners and operators of marine sales and service uses to retain otherwise economically viable and essential uses in any planning of new development on waterfront sites essential to the operation of such uses. This is not intended to restrict change of use when the marine sales and service use is no longer economically viable or is obsolete or replaced elsewhere. 4. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. Objective HB-1.6: Protect waterfront residential areas from impacts from the various non- residential uses and activities of the Harbor, Bay and shoreline Policies HB-1.6.1: Maintain and enhance existing waterfront residential uses and communities and their essential and established access and linkage to other Harbor uses in balance with public/visitor access and use of the Harbor within and adjacent to these residential areas. HB-1.6.2: Clearly define areas of permitted/non-permitted uses and activities compatible with residential community use and resident enjoyment. HB-1.6.3: Discourage bayside land uses that reduce the shoreline available for potential water-dependent and water-related uses. Implementation Strategies I. Designate areas appropriate for use by the variety of Bay users in and adjacent to bayfront residential communities. 2. Consider zoning portions of the Harbor water areas and shoreline access for specified uses or activities in and adjacent to residential communities. C� � s 3. Continue and expand City support of residential community programs of identity, beautification, signage, safety/security, discussion forums and media, special events, and urban design distinctiveness. 4. Encourage the upgrading of public residential waterfront pedestrian ways. 5. Develop specific land use and other development controls for each waterfront residential area, to mitigate existing and potential use conflicts and impacts resulting from development of non- residential uses and activities, and vice versa. Consistently review development projects where balance of waterfront issues and development rights must both be considered. This is not intended to restrict change of use when the use is no longer economically viable or is obsolete or replaced elsewhere. G. Establish and enforce standards and guidelines for the use of entertainment vessels and related shore-based activities, such as docking,boarding, and parking. 7. Establish and enforce standards of light/glare control. 8. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are infrequent and uniquely essential to the Newport Beach community, but which may need special controls on access, parking, noise and other factors to avoid conflict with community residential areas. GOAL HB-2: Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian, vehicular, and boat access. Policies HB-2.1.1: Expand and improve existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. 9 05/02/00 11 0 HB-2.1.2: Encourage development of a single major waterfront public pedestrian space and related water access and docking which can serve as the identity and activity "center" of Newport Harbor for major special events of community/regional interest. HB-2.1.3: Encourage the expanded development of existing and new private waterfront public pedestrian access systems and facilities such as waterfront boardwalks, links between waterfronts and public sidewalks on adjacent streets, increased access to water activities,uses,transportation, etc. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: Provide additional public waterfront parks and adjacent upland recreational opportunities that expand waterfront access and reduce the existing shortage of such facilities adjacent to the Harbor. 14B-2.1.6: Increase the capacity and availability of day use and overnight dockage with bathroom facilities provided within the Harbor by public and private entities. HB-2.1.7: Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. HB-2.1.8: Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and parking facilities throughout the Harbor. HB-2.1.9: Encourage and provide new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest dockage, club guest docks and other features, through City, County, and private means. 10 05/02/00 HB-2.I.10: Encourage development and continued support of a Harbor-wide water taxi service with boarding clocks at key locations such as waterfront restaurants, commercial, and public recreation area, and use of existing and new public docks. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis,etc. 3. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking and land and water transportation facilities serving the Harbor and its uses. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type which are located in the Harbor, and which cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, 1 I 05/02/00 waiting areas, pedestrian access, parking, etc) which provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis,etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Implementation Strate ies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access/ new docking, land area for facilities, parking, etc.) and public agency support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors,and groups with special needs. 3. Provide land use and development controls and restrictions limiting potential changes of use in established Harbor water transportation uses. This is not intended to restrict change of use when the transportation use is no longer economically viable or is obsolete or is replaced elsewhere within the Harbor. 4. Encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. Objective HB-2.3: Provide access to the Harbor for youth and educational purposes. Policy HB-2.3.1: Encourage the maintenance and enhancement of existing facilities, and the development of new facilities that provide water-oriented youth programs and boating, and educational and training programs. 12 05/02/00 1 � Implementation Strategy Identify and continue to support all existing programs and facilities of this type within the Harbor and Bay, and expansion and operational needs of all such facilities. GOAL HB-3: Maintain and enhance the water quality and natural aquatic habitats of Newport Harbor and the Back Bay. Objective HB-3.1: Protect, preserve and enhance the water, natural wildlife and plant- life in and around Upper and Lower Newport Bay. Policies HB-3.1.1: Protect and enhance the Upper Newport Bay Ecological Reserve. HB-3.1.2: Ensure that the water quality in Newport Bay meets recreational standards for human body contact and that it will also sustain marine life. HB-3.1.3: Promote cooperative programs with other cities, the county and resource agencies to determine necessary programs, regulations and funding to sustain/maintain the Bay and water quality. HB-3.1.4: Provide opportunities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Bay_ 2. Actively enforce local and Federal water quality requirements from both point and non-point sources. 13 05/02/00 J 1 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all communities in the watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. GOAL HB-4: Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beachlbulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.1.1. Balance private property rights, natural harbor hydraulic and coastal processes and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain the characteristics and use of Historic Newport Harbor and Bay. Policy HB-4.2.1: Retain and encourage enhancement of unique buildings, building complexes, uses, and activity centers which have served as recognized 14 05/02/00 "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. Implementation Strategy Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation when feasible. This is not intended to restrict change of use when the use is no longer economically viable or is obsolete or replaced elsewhere. GOAL HB-5: Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.1.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, and general harbor construction, maintenance and repair. HB-5.1.2: Worst with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. HB-5.I.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. 15 05/02ro0 Objective HB-5.2: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches_ Policies HB-5.2.I: Maintain public Bay beaches through sand replenishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.2.2.- Pursue means of sand retention (in addition to sand replenishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. H13-5.2.3. Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strate ies I. Establish a comprehensive program for the monitoring and replenishment of beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. 16 05/02/00 Objective HB-5.3: Provide better coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.3.1: Establish a coordinated single source of information and point of contact and a single reference document for all Harbor and Bay regulatory, permitting, and enforcement information and processes and update as necessary. HB-5.3,2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Require the Harbor Patrol, as part of its administration of moorings, to develop guidelines for visitor information, promotion and development of guest docks, anchorages, hospitality,etc. 2. Establish guidelines to educate residents, visitors, and users of the Harbor on the regulations, benefits, attractions and history of the Harbor plus environmental protection measures necessary to the quality of the Bay. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.I: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements 17 05/02/00 of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Provide longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation StEgLeZy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. Objective HB-5.5: Promote Newport Harbor and its amenities to the public consistent with the goals for the Harbor enviromnent and its users and residents. Policy HB-5.5.1: Promote and market Newport Harbor to the widest possible audience to promote uses compatible with existing residential uses, the Harbor users, environmental constraints and practical capacity limits. Implementation Strategy Generate a Newport Harbor marketing plan aimed at maximizing the revenue to the city and businesses consistent with the goals for the Harbor environment and its users, namely residential, commercial, and recreational. 18 05/02/00 b GLOSSARY Aids to Navigation. Markers on water and land that identify navigation channels and/or obstructions and hazards. Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. A water area in Newport Harbor designated for vessel navigation, with necessary width and depth requirements, and which may be marked or other-wise designated on federal navigation charts, as well as in other sources. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. Gangway. An structure connecting fixed piers or bulkheads to floating docks, providing pedestrian access. Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, intended to trap and retain and/or reduce the erosion of sand 19 05/02/00 ,. f ,� 1 and retard the general erosion of the shoreline and undermining of shore protection structures(bulkheads, riprap slopes, etc.) Harbor Construction (Design Criteria and Standard Drawings . City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses Equipment, and Facilities. 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 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". Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state ,county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Section 17 of the Newport Beach Municipal Code governing uses and activities within the Harbor Harbor of Refu e. A harbor that may be used by any commercial or recreational craft to seek shelter from storm wind and wave conditions, fog, or other inclement weather conditions (Newport Harbor has been so designated by the State). Launching~Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored (in water) and/or dry-stored (on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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 20.050 of the City of Newport Beach Municipal Code. 20 05/02/00 Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Mooring Area. An area designated for a group of moorings. Newport„Bay. All water area within Lower Newport Bay and Upper Newport Bay, including all of the area bayward of the bulkhead lines or, if no bulkhead lines have been established, bayward of the line of mean high tide. Newport BE, Lower. The area of Newport Bay south of Pacific Coast Highway. Newport Bay.Ubuer. The area of Newport Bay north of Pacific Coast Highway. Newport Harbor. All water within the Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier.A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier,Public. A pier used for public recreational purposes by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Proiect Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn.around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in J Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water De endent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht/sailing/boating/fishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, which derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair,marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services,in-harbor water taxi services, docking,parking, offices and other water and land support facilities. 22 05/02/00 RULES OF PROCEDURES OF THE HARBOR COMMISSION CITY OF NEWPORT BEACH, CALIFORNIA I. TITLE The official title of this Commission shall be "Harbor Commission of the City of Newport Beach, California." II. MEMBERSHIP AND TERM The Harbor Commission shall consist of seven members appointed and approved by the City Council. Each member small serve a term of four years, such terms to be on a staggered basis_ Pursuant to the City Council Policy A-2, Commission appointments can be extended beyond one term when in the judgment of the Council, a reappointment would recognize and extend an unusual contribution by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, exclusive of appointments to fill unexpired terms. City staff members are advisors to the Commission and do not have a vote. III. POWERS AND DUTIES The Harbor Commission shall have the power and be required to: I. Approve, conditionally approve, or disapprove applications for harbor permits, unless the authority for an administrative decision on a harbor permit is specifically assigned to the Deputy City Manager. 2. Serve as an appellant and reviewing body for decisions of the Deputy City Manager. 3. Make recommendations to the City Council concerning proposed harbor-related public improvements. 4. Make recommendations to the Planning Commission and City Council concerning land use and property development applications that may affect harbor activities. 5. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Harbor Element of the General Plan. f•'J IV. OFFICERS A. The offices of the Commission shall be: 1_ Chairman, whose duties shall be to preside at all meetings, and to call all special meetings, appoint committees, and perform all other proper duties of a presiding officer. 2. Vice Chairman, who in the absence of the Chairman, or his inability to act, shall preside at all meetings and perform all other duties of the Chairman. 3. Secretary, who in the absence of the Chairman and Vice Chairman, or their inability to act, shall preside at all meetings: and perform all other duties of the Chairman. The Secretary shall also keep a written record of all business transacted by the Commission, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence of the Commission, and such other duties as are normally carried out by a Secretary. In his absence, the Secretary may delegate his duties to the Deputy City Manager, and the Deputy City Manager shall be known as the Ex-Officio Secretary of the Harbor Commission. B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual meeting of the Commission or an adjournment of that meeting, and shall hold office for a period of one year or until their successors are elected. In the event an office becomes vacant, a successor shall be elected to fill the remainder of the unexpired term. V. ADVISORS The Chairman may, with the consent of the Harbor Commission, request the attendance at Harbor Commission meetings of any officer or employee of the City to assist the Commission in its deliberations in an advisory capacity. VI. LOCATION OF MEETINGS The Harbor Commission shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the [LOCATION], or in any such other place after notice duly given, within the corporate limits of the City. VII. TIME OF MEETINGS A. The annual meeting of the Commission shall be the [FIRSTILAST] regular meeting in [MONTH] of each year. 2 B. Regular meetings of the Commission shall be held on the [DAY OF THE WEEK] [QUALIFIER (e.g., preceding the second and fourth Mondays)] of each month. These meetings shall commence at the hour of[TIME] except that the Chairman may call for said meetings to commence at an earlier hour when it is determined that the Commission's workload warrants such earlier starting time. Proper notice of such meeting shall be given according to the requirements of applicable law. C. In addition to regular meetings, the Harbor Commission may convene a study session to hear reports from the staff and review, discuss and debate general harbor-related matters at a time and date determined by the Harbor Commission chairman. No official action will be taken at a study session. D. No agenda item shall be introduced after the hour of [TIME]. Furthermore, any item introduced and being discussed by [TIME] and not concluded by [TIME] shall be continued by the Harbor Commission to another date. The intent and purpose of this policy is to facilitate maximum public participation and to encourage a reasonable hour in which the Harbor Commission business is discussed and to protect against fatigue in discussing and deciding important City issues. The above time periods may be extended by motion approved by majority vote of the Commissioners present. E. Any meeting may be adjourned from time to time by the majority vote of the members present. F. Special meetings may be held as deemed necessary at the request of the majority of the members of the Commission or by call of the Chairman, Vice Chairman, or Secretary; notice of such special meetings shall be posted and served upon all members at least 24 hours before the special meeting, and to each local newspaper of general circulation, radio, and television station requesting notice in writing. The notice shall specify the time, place,and matters to be considered at the special meeting,and only the matters specified may be considered. VIII. AGENDAS A. An agenda containing a brief description of each item of business to be transacted or discussed shall be posted at a location freely accessible to the public at least 72 hours before each regular meeting. Study session agendas shall be distributed to the public on the same basis as regular agendas. B. All regular, adjourned, special meeting or study session of the Harbor Commission shall be open to the public. Every agenda shall provide an opportunity for members of the public to speak on any off-agenda item of interest to the public. 3 ,t 1 C. No action may be taken on an off-agenda item unless (a) a majority of those Commissioners present determine that an emergency situation exists; or (b) two- thirds of the Commissioners, or all of the Commissioners if less than two-thirds are present, determine there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda; or (c) the item was included in a properly posted agenda for a prior meeting occurring not more than five days prior to the meeting at which the action is taken and the matter was continued to the meeting at which action is taken. It is inevitable that subjects will arise, either during the course of consideration of agenda items or during public comment, on which no action can be taken because the circumstances outlined in (a) through (c) above do not exist. In such event, the Chairman shall have the power to refer the matter to staff, or to place the item on the agenda of a future meeting, or both. IX VOTING PROCEDURE A. At any meeting of the Harbor Commission a majority of said Commission shall constitute a quorum for the transaction of business. Every Commissioner should vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the question voted upon. B. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "YES" for an affirmative vote, or "NO" for a negative vote upon the member's name being called by the Recording secretary, or by pressing a switch to cause a green light to show for an aff nnative vote, or a red- light to show for a negative vote upon a vote being called for by the Chairman. The result of any vote registered by means of a lighting system shall be audible announced by the Recording Secretary and recorded in the minutes as the vote. If a member is present and does not cast a vote as described above, that member shall be considered as abstaining. C. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairman state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commissioner affected, be decided by the other members of the Commission. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Chairman to step down from the Commission table. A Commissioner stating such disqualification shall not be counted as a part of the quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. D. Tie votes shall be lost motions and may be reconsidered. 4 E. A motion to reconsider any action taken by the Harbor Commission (other than a tie vote) must be made at the same meeting. The action was taken and may only be made by one of the Harbor Commission members who voted with the prevailing side. X. ORDER OF BUSINESS A. The order of business for regular, adjourned, or special meetings shall be: I. Call to order by the Chairman. 2. Approval of minutes of preceding meeting. 3. Public comment. 4. Report from Staff confirming the posting of the agenda. 5. Consideration of matters on the agenda. 6. Matters which a member may wish to place on a future agenda. 7, Any other business which may properly come before the Commission. 8. Adjournment. Xl. CONDUCT OF MEETINGS A. All meeting shall be conducted under the order of parliamentary procedure as specified in the last revised edition of Robert's Rules of Order to the extent that such rules are not in conflict with these Rules of Procedure. B. All Commissioners shall address all questions and comments through the Chairman. C. All persons attending meetings of the Commission will be asked to identify themselves, and address Commissioners or other persons present through the Chairman. D. Exhibits: All maps, letters and documents considered by the Commission at any hearing shall become a part of the records of the Commission. E. Motion: Second Not Required. A motion by any member of the Commission including the presiding officer, may be considered by the Commission without receiving a second. 5 y F. Substitute Motions: A substitute motion may be made by any member of the Commission after a motion is on the floor. The substitute motion will suggest a different course of action or the opposite action of the main motion. No more than two substitute motions can be placed on the table for consideration at the same time. If the substitute motion fails, the main motion remains on the floor. If the substitute motion passes, it will cancel out the main motion. Prior to voting on the substitute motion, any member of the Commission may ask to have the substitute motion treated as an amendment, in which case the substitute motion is treated as an amendment. G. If an applicant submits additional written or printed material for the Harbor Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Harbor Commission may continue the mater and the applicant shall be deemed to have consented to such a continuance. X11. COMMITTEES The chairman may appoint such committees as may be deemed necessary to carry out the function of the Harbor Commission. Members shall serve at the pleasure of the Chairman. X111. CORRESPONDENCE AND COMMUNICATIONS It shall be the duty of the Ex-Officio Secretary to draft and sign all correspondence necessary for the execution of the duties and functions of the Harbor Commission as hereinbefore stated in the rules of the Newport Beach Harbor Commission. XIV. ATTENDANCE A. Regular attendance at meetings of the Harbor Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. B. A Commissioner absent from three consecutive regular meetings without securing the consent of the Commission, entered upon the minutes, shall be deemed to have resigned. C. The Secretary shall notify the City Council of such resignation and request, in the name of the Commission, appointment of a new member to fill the unexpired term of the member resigning. 6 XV. POLICY All matters of policy not covered by law may be adopted as a"Resolution of Policy"and when so adopted shall be considered as the official policy of the Commission. XVI, AMENDMENT OF RULES A. These rules may be amended or added to by four affirmative votes of the Harbor Commission at a regular meeting. B. No amendment of or addition to these rules shall be made unless notice in writing of the proposed amendment or addition shall be filed with the Ex-Oflicio Secretary at the next regular meeting preceding the meeting at which the motion to change is made. 7 CITY OF NIORT BEACH Heari ate: February 27, 2001 0 1$ PLANNING DEPARTMENT Agenda Item No.: . aa NEWPORIOLILEVARD staff Person: Patrick J. Alford NEWPORT BEACH,CA q-4658 {949}644-3235 Cy z�Fp AN�r (999)6 —,44-32 FAX(949)644-3250 STUDY sEssloN FILE COPY REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor and Bay Element SUMMARY: Discussion on the addition of a proposed Harbor and Bay Element to the General Plan. ACTION: Provide direction to staff to either proceed with public hearings on the proposed Element or incorporate into the General Plan Update process. Background On January 11, 1999, the City Council established the Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. The Ad Hoc Harbor Committee consists of thirteen(13}members representing the following interests: 1. Charter vessel operators 2. Marina owners and operators 3. Waterfront homeowners 4. Recreational boaters 5. Commercial fishing 6. Yacht clubs 7. Mooring owners $. Waterfront businesses 9. Harbor Quality Committee 10. Marine construction 11. Shipyard interests 12. Waterfront instructional and non-profitable organizations 11 Sport fishing On .Tune 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C)to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27,2000. On November 15, 2000, the Ad Hoc Harbor Committee approved the draft of the proposed Harbor and Bay Element. Analysis The proposed Harbor and Bay Element would be an optional element of the General Plan. Under State law, a City may include in its general plan any element that relates to its physical development. This element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. The proposed Element sets forth five major goals: ■ Preserving the diverse uses of the Bay, Harbor,and shoreline. ■ Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. ■ Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. ■ Providing for the ongoing administration and maintenance of the Harbor and Bay. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn, each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposer! Element calls for water-dependant and water-related uses and recreational activities to be the primary use of the Harbor. However, the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of parking, launching ramps, boat hoists, docks, moorings, and similar facilities. One of the more visionary policies encourages the development of a major waterfront pedestrian space to serve as public focal point of the harbor and serve as the activity center for major special events. While the proposed Element focuses on harbor-related activities, issues of water quality and protection of the environment in both the Lower and Upper Newport Bay are also addressed. The policies and implementation strategies emphasize participation and cooperation with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed Element limits visual quality issues to the design of bulkheads. The proposed Element calls for consideration of harbor aesthetics in the design of bulkheads. The proposed Element also cans for bulkheads to be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters, where possible. The proposed Harbor Element (PDA 2000-041) February 27,2001 Page 2 Element also encourages the preservation and reuse of areas and buildings that are representative of the history of Newport Harbor, when feasible. The proposed Element emphasizes the need for coordination among the City, County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay. The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner V-1 0 0 Attachment: Proposed Harbor and Bay Element(Ad Hoc Harbor Committee Draft). Harbor Element (PDA 2000-041) February 27,2001 Pate 3 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body,relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or ] ]ll15/00 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. f 1 ! [!p ?e1 !Y�Op� k.Bay -�A. ;--� 1%^J •._ .:may� f �r�"1 i '1� Lower Newport 8a �1 Newport Bay ? 11115100 GOAL 1113-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passenger/sightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. 3. Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of,Newport Harbor. S. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related useslactivities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, shall the protection of such land uses, activities, facilities, 11115100 and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies I. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 1 Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland Ieases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 11/15/00 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-term boat rentals and sales. HB-1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 111151Do Implementation Strate ies I. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportf shing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise, traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanists for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/iessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 11/15/00 other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide snore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-1.3.4. Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. H13-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.6 Allow `live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment,the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies I. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 11/I5/00 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1A: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strateg Jes 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 11/15/00 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies L Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 9 11/15/00 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee: (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: improve and extend public pedestrian, vehicular, and boat access. Policies HB-2.I.I: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage development of a single major waterfront public pedestrian space and related water 10 11/15/00 access and docking that serves as the identity and activity "center" of Newport Harbor for major special events of community/regional interest. HB-2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.5: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County, and private means. Implementation Strategies 1. Prepare and adopt Harbor access guidelines describing potential public and private (and Joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water. transportation facilities serving the Harbor and its uses. 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer launch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 11 11115100 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2: Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. P©Iicies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2.2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis, etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. I_mplementation Strategies I. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency 17 11/15/00 support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community,visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. 13 11115100 HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustainlmaintainlenhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strate ies I. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by all stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. 14 1 1/15/00 GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beach/bulkhead profiles which have characterized its residential and commercial waterfronts. Policies HB-4.I.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.1.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. Implementation Strategy_ I. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 15 11115100 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or facade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Im lementation Strate ies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 16 11/15/00 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5.2: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2 2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. HB-5.2.3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and 17 11/15/00 communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention(in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 18 1 1/15/00 0 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.1: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands leases to waterfront owners to assist in redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. 19 11/15/00 0 GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. DrvDry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or' enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. EntertainmentlExcursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) 20 11115100 Harbor Construction Design Criteria and Standard Drawings). City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses E ui ment and Facilities. 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-aver-water structures; mooring maintenance and repair; waterborne debris and pollution control, collection and removal. This category also includes 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that terra is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other'than moorings or anchorage) in which five or more vessels are wet-stored(in water) and/or dry-stored(on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. Mooring. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Moorin Area. An area designated for a group of moorings. 21 11115100 Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within, Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Pro'e- 1 ct Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, laurichediretrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Water Dependent Use. Those uses that are tied. to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yachtlsailinglboatinglfishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. 22 11/15/00 Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services, docking, parking, offices and other water and land support facilities. 23 }3 f t siaa �Ftx+PpR� CITY OF NERT BEACH low PLAN-KING DEPARTMENT Hearin a#e: February 27, 2dd1 Agenda Item No.: s53 f moo NEWPORT BOULEVARD U, r Staff Person: Patrick J. Alford •r. N 7'EWPOR BEACH,CA 92658 (949� 544-323� CgL+FaR��}^ (949)644-3Z—;FAX(949)644-3'250 STUDY SESSION REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Harbor and Bay Element SUMMARY: Discussion on the addition of a proposed Harbor and Bay Element to the General Plan. ACTION: Provide direction to staff to either proceed with public hearings on the proposed Element or incorporate into the General Plan Update process. Background On January 11, 1999, the City Council established the Ad Hoc Harbor Committee to make recommendations on matters pertaining to the Harbor. The Ad Hoc Harbor Committee consists of thirteen(13)members representing the following interests: 1. Charter vessel operators 2. Marina owners and operators 3. Waterfront homeowners 4. Recreational boaters 5. Commercial fishing 5. Yacht clubs 7. Mooring owners 8. Waterfront businesses 9. Harbor Quality Committee 10. Marine construction 11. Shipyard interests 12. Waterfront instructional and non-profitable organizations 13. Sport fishing On June 8, 2000, the Planning Commission recommended initiation of General Plan Amendment GPA 2000-1 (C) to adopt a Harbor and Bay Element and the City Council initiated the amendment on June 27, 2000. On November 15, 2000, the Ad Hoc Harbor Committee approved the draft of the proposed Harbor and Bay Element. Analysi The proposed Harbor and Bay Element would be an optional element of the General Plan. Under State law, a City may include in its general plan any element that relates to its physical development. This element would focus on the issues and policies relating to the uses of the Harbor and Bay and the surrounding shoreline. The proposed Element sets forth five major goals: ■ Preserving the diverse uses of the Bay,Harbor, and shoreline. ■ Maintaining and enhancing public access to the Harbor water and waterfront areas. ■ Enhancing the water quality and protecting the marine environment in Newport Harbor and Upper Newport Bay. ■ Preserving and enhancing the visual character and historical resources of the Harbor and the Bay. • Providing for the ongoing administration and maintenance of the Harbor and Bay. Each goal carries with it one or more objectives, which would serve as the means of measuring the achievement of the goals. In turn, each objective has one or more policies, which would be used to achieve those objectives. Finally, each policy has one or more implementing strategies, which recommend actions and programs to implement these policies. The proposed Element calls for water-dependant and water-related uses and recreational activities to be the primary use of the Harbor. However,the proposed Element also calls for preserving and enhancing waterfront commercial areas and waterfront residential communities. The proposed Element also calls for maintaining and enhancing all forms of access to the water and waterfront areas. In addition to pedestrian access, the proposed Element addresses access in the form of azkin , launching , boat hoists, docks, motes, and similar facilities. One of the more visionary policies encourages the development of a major waterfront pedestrian space to serve as public focal point of the harbor and serve as the activity center for major special events. While the proposed Element focuses on harbor-related activities, issues of water quality and protection of the environment in both the Lower and Upper Newport Bay are also addressed. The policies and implementation strategies emphasize participation 4,nd c o ti n with other cities, public agencies and resources agencies that have jurisdiction over the Bay and its watershed. The proposed Element limits visual quality issues to the design of bulkheads. The proposed EIement calls for consideration of harbor aesthetics in the desigi of bulkheads. The proposed Element also calls for bulkheads to be allowed and designed to protect the character of the existin beach profiles found around the Harbor and island perimeters, where possible. The proposed Harbor Ele ent (PDA 2000-041) February 27,2001 Page 2 Element also encourages the preservation and reuse of areas and buildings that are representa ive of the history of Newport Harbor, when feasible. The proposed Element emphasizes the need for coordination among theme, County,and State and Federal agencies for the ongoing administration and maintenance of the Harbor and Bay, The proposed Element also recognizes the need to provide access for harbor maintenance equipment and facilities and to maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Finally, the proposed Element recognizes the need to secure appropriate funding for the administration and maintenance of the Harbor and Bay. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner Attachment: Proposed Harbor and Bay EIement(Ad Hoc Harbor Committee Draft). Harbor Element (PDA 2000-041) February 27.2001 Page 3 City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act states: "the general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. RELATIONSHIP TO THE LOCAL COASTAL PROGRAM The 1976 California Coastal Act was enacted to protect the natural and scenic qualities of the California coast and to promote public access. The Coastal Act requires that each jurisdiction with land in the Coastal Zone prepare a local coastal program (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or 1 11115100 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. f1 2 Wppe llleyipbgBay • .n _ l��1 � �f � F 1 `f / r Lower Newport Ba ------ Newport Bay 2 11115/00 GOAL HB-1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: 1. Water-dependent and water-related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water-dependent and water-related commercial activities such as passengerlsightseeing boats, passenger-fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. I Water-enhanced commercial uses such as restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to,and views of,Newport Harbor. 5. Waterfront residential communities. Objective HB-1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB-1.1.1: Designate water-dependent uses/activities as the highest priority, water-related uses/activities as the second priority, and water-enhanced uses/activities as the third priority. HB-1.1.2. When reviewing proposals for land uses changes, the City shall consider the impact on water-dependent and water- related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, shall the protection of such land uses, activities, facilities, 3 11/15/00 and services deny an owner viable economic use of the property. HB-1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. Implementation Strategies 1. Maintain and update when appropriate the Recreational and Marine Commercial land use designation and zoning district as a means of encouraging the continuation of water-dependent, water- related, and visitor-serving uses while respecting the property rights of waterfront owners/lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. G. Continue to provide, and enhance when feasible, support facilities for continued unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the Harbor without joining organizations or participating in organized events. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 11115100 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. Provide a limited number of designated public recreational fishing docks with limited hours, separate from public recreational docks provided for exclusive use by boating and water transportation activities. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB-1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB-1.2.1: Support continued operation of passenger/sightseeing boats, passenger fishing boats ("day boats"), and long-terra boat rentals and sales. HB-I.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB-1.2.;: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB-1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB-1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners/lessees. 5 11/15/00 Implementation.Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise, traffic congestion or parking shortages. 5. Consider the use of long-term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 5. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 11115100 other factors to minimize impacts on residential areas and other users. Objective HB-1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB-1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low-cost public access to the water and Harbor. HB-1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB-I.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB-I A: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB-1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned-marinas, restaurants and other appropriate locations. HB-1.3.5 Allow "live-aboards" subject to restrictions on the number of "live-aboards" as well as restrictions to protect the environment, the public and waterfront owners/lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB-1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies I. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long-term tideland leases that allow 7 11115100 waterfront owners/lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor-wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB-1.4: Preserve and encourage enhancement of existing commercial areas, while encouraging and supporting redevelopment of outdated or antiquated commercial development, all to the extent necessary to maintain the charm and character of the Harbor. Policies HB-1.4.1: Preserve and/or enhance existing water-enhanced, water related and water-dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB-1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water-enhanced and water- dependent characteristics and potential of Harbor commercial uses and commercial-use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 11115100 redeveloped uses/projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB-1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB-1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB-1.5.2: Encourage the development and operation of new marine support uses. HB-1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB-1.5.4: Encourage development of waterfront facilities that accommodate displaced water-dependent uses. Implementation Strategies 1. Identify and define the unique water-dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 9 11/15/00 3. Where waterfront pedestrian accessways may exist or be developed in portions of the Harbor adjacent to marine sales and service uses, the City should work with these uses to provide public access detours around cross-bulkhead equipment operations which present security or public safety concerns. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul-out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HD-2: PUBLIC ACCESS Maintain and enhance public access to the Harbor water and waterfront areas. Objective HB-2.1: Improve and extend public pedestrian, vehicular, and boat access. Policies HB-2.1.1: Encourage the expansion and improvement of existing public waterfront access and water-uses access which provide important links to waterfront uses such as beaches, small vessel launching facilities, public docks, and other similar public water area uses. HB-2.1.2: Encourage development of a single major waterfront public pedestrian space and related water 10 11115100 access and docking that serves as the identity and activity "center" of Newport Harbor for major special events of community/regional interest. HB-2.I.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. HB-2.1.4: Encourage and provide incentives for the private construction of elements of public waterfront pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront access and use areas such as outdoor dining, etc. HB-2.1.5: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB-2.1.5: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features, through City, County,and private means. Implementation Strategies i. Prepare and adopt Harbor access guidelines describing potential public and private (and joint public/private) elements of a Harbor-wide waterfront access system, and links to parking and public transportation systems. 2. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water, transportation facilities serving the Harbor and its uses. 3. Continue to provide, and encourage expansion of low-cost public access to the Harbor for boaters via moorings, trailer Iaunch ramps and boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 1 I 11115100 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. Objective HB-2.2. Maintain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities. Policies HB-2.2.1: Maintain and enhance existing water transportation uses and their support facilities that provide important public transportation services linking the Harbor with other resort and tourism destinations and providing cross- Harbor service. Preference should be given to the existing water-dependent uses of this type that are located in the Harbor, and that cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. HB-2.2,2: Encourage the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc) that provide a diversity of coastal and in-harbor water transportation choices, (ferries, water taxis, etc.) HB-2.2.3: Encourage development of additional public and private docks to serve only water transportation uses and activities. Iml2lementation Strategies 1. Identify and define the unique water-dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses etc.) and public agency 12 11/15/00 support (parking, pedestrian walks, signage, etc.) to existing and new water transportation uses that serve the local community, visitors, and groups with special needs. 3. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will encourage existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential water-transportation uses in any redevelopment of existing waterfront areas essential to the function of these uses. 5. In conjunction with existing and new waterfront access, encourage the provision of links to public and private parking and supplemental land and water transportation systems, such as seasonal shuttles, water taxis, etc. GOAL HB-3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB-3.1: Protect, preserve and enhance the natural wildlife and plant-life in and around Upper and Lower Newport Bay. HB-3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor HB-3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. l� 11115100 HB-3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San. Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB-3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non-point sources. 3. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices (BMP's) by ail stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. 14 1 1/15/00 GOAL HB-4: VISUAL CHARACTER Preserve and enhance the visual character and historical resources of the Harbor and the Bay. Objective HB-4.1: Maintain and enhance the diverse waterfront image of Newport Harbor by preserving its variety of beachlbulkhead profiles which have characterized its residential and commercial waterfronts. Policies 1-113-4.1.1: Balance private property rights, natural harbor hydraulic and coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. HB-4.I.2: Where not in conflict with natural harbor hydraulic and other coastal processes, and safe navigation and berthing of vessels within established areas for same, bulkheads shall be allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB-4.2: Maintain unique historical resources of Newport Harbor. Policy HB-4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. Implementation Strategy 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 15 11115100 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, Moor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or fagade easements when requested by the property owner and funds are available. GOAL HB-5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB-5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB-5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB-5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision-making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 16 11/15/00 J. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability/reservations, vessel services such as the location of pump-out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with. the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore-based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners/lessees. Objective HB-5?: Provide the capability within the Harbor to locate water-dependent harbor maintenance equipment and facilities with harbor access. Policies HB-5.2.1. Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB-5.2 2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. HB-5 2 3: Utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. Establish procedures and public/private cooperation and 17 11/15/00 communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, and to implement these procedures from these uses as "emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Objective HB-5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB-5.3.1: Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. HB-5.3.2: Pursue means of sand retention (in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB-5.3.3: Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the Harbor, with particular- attention to safety and rescue, residential and commercial dockage and channel access areas of high use intensity and safety. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost- effective sources of sand of sufficient quality to produce a stable beach profile. 2. Analyze the need for groins on a case by case basis, with consideration to cost-effectiveness, environmental and visual impacts, and alternative methods of sand retention. 18 11/15/00 3. Prioritize and establish financial responsibility and appropriate scheduling and oversight responsibilities for dredging projects. 4. Establish an efficient inter-agency system for the adequate and timely funding and permitting of dredging projects. Objective HB-5.4: . Balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity. Policies HB-5.4.I: Receive a fair return from all tideland users to recapture all related City investment, services and management costs. HB-5.4.2: Provide alternative and supplemental Harbor funding, including seeking and obtaining federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor from funds contributed by the City, County, and citizens of Newport Beach, as well as all harbor users. HB-5.4.3 Encourage longer-term tidelands. leases to waterfront owners to assist in .redevelopment, maintenance, and financing of waterfront developments. Implementation Strategy 1. Provide periodic accounting of City costs and revenues associated with operation of tidelands areas and facilities by use category. 2. Actively seek and obtain supplemental funding sources for needed Harbor maintenance and capital improvements from existing and new federal, state and local sources. 3. Implement a tideland leasing program pursuant to which waterfront property owners/lessees enter into long term tideland Ieases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. 19 11115/00 GLOSSARY Anchorage Area. A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Berth. A generic terra defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Bulkhead. Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land/water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures which may be constructed in the Harbor. Channel. 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. Charter Vessel. A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Dock. A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dry Storage. Dry storage of vessels includes all on-land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Entertainment/Excursion Vessels. Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment. Groin. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters, 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.) 20 11115100 Harbor Constriction (Design Criteria and Standard Drawings . City of Newport Beach publication governing all bulkheads, groins, pier, docks and other structures bayward of the Bulkhead Line. Harbor Maintenance Uses E ui ment and Facilities. 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-aver-water structures; mooring maintenance and repair; waterborne debris and pollution control, collection and removal. This category also includes 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." Harbor Lines. All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state , county and city governments. Harbor Permit Policies. City of Newport Beach City Council Policy Manual Section H-1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary,utility and related support requirements Harbor Regulations. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor Launching Facility. A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. Live-aboard. Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of the State of California, including permanently or on a temporary basis for a period exceeding 3 days. Marina. A berthing facility (other than moorings or anchorage) in which five or more vessels are wet-stored (in water) and/or dry-stored (on land/racks or on floating docks). Marine Sales and Service Uses & Vessels. Uses and vessels, as well as related equipment, 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. Mooriniz. A device consisting of a floating ball, can or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. Moorin Area. An area designated for a group of moorings. 71 1 i1I510o Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Pier. A fixed structure extending from the shore into a body of water. Pier, Private. A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public. A pier used for public recreational purposes provided by a public agency. Pierhead Line. Harbor water area perimeter lines established in Newport Harbor by the federal government which define the permitted limit of fixed pier, floating dock and other in-water structures which may be constructed in the Harbor. Project Lines. 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 Newport Beach City Design Criteria and Standard Drawings for Harbor Construction) Shore Mooring. A mooring for small boats which is 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 perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Turning Basin. An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Vessel. Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail- powered or hand-powered, which are used or capable of being used as a means of transportation, recreation, safety/rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. _Water Dependent Use. Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht/sailinglboatinglf skiing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses, dredging, marine construction and harbor service and maintenance uses and related equipment. 22 11115100 Water-Enhanced Use. Those waterfront or waterfront-adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water-based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Water Related Use. Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and/or repair, marine-related retail sales, and marine-related industry. Water Transportation Use. This group of uses includes in-harbor and coastal/offshore ferry services, in-harbor water taxi services, docking, parking, offices and other water and land support facilities. 23 11/15/00 Proposed Newport Beach Harbor Element Prepared by The Harbor Committee Revision 0.2 October 18, 1999 9 s Harbor Committee Members Mr. Seymour Beek Mr.Tim Collins Mr. John Corrough Mr. Gary HiII Mr. Torn Houston Mr. Daryl Landrum Mr, Bill Mountford Mr. Dave New Mr. Ralph Rodheim Mr. Mark Sites Mr. Lee Sutherland Mr. Clive Towndrow � zw,, . Mr. Mike Whitehead C Sub Committee Chairmen Access Lee Sutherland Administration/Harbor Patrol Tim Collins Back BayMatershed/Environmental Tom Houston Boats Seymour Beek Financial/Fiscal Clive Towndrow Land Uses at Bulkhead Line John Corrough 2 Table of Contents HarborCommittee Members................ . . ............................................................................................ 2 SubCommittee Chairmen........................................____....................................................-...-............... 2 Glossary....... ..._................ ...__. ................................................................................................... Section0 General...................................................................................... .. --..................................-.-- 7 Harbor Plan Element Goals and Objectives............................................................................................. 7 Harbor Committee Goals ............................................... 7 GuidingPrinciples...............................................................................................-...................................-- 7 Section1 Pubic Access...................................................................................................-......................... 8 Guest Docks and Anchorages................. .......... ...................... .............................. 8 ................ . .. Goals......................................................... Policy..................................................................................................................................................... 8 Launch Facilities.......................................................................................................... ............................. 8 Goal........... .........._........... ...................................................................... 8 Policy-...... ___.............. ............................ ..................-...... 8 RecreationalFishing.................................................................................. ..........................-................... 8 Goal................................................................-....___............................................................---..-......... 8 Policy................................................................ ........ 8 ......................................... ........................... PublicBeaches... ................................................................... 8 Goal..................._._.... ............ .................... ................ ............. ..................... ..._.'_ 8 Policy.................................................................... .........................................................___.................. Educational ...... .............. 9 ................................................................................................................ ........... Goal............................................................... 9 Poficy ............................................................ 9 MooringAccess......................... . . . .............................................................................. ................... 9 Goal..................... ............................................................................................................-.................... 9 Policy................................ . .... .. .. ........-..................... 9 Access for Harbor Maintenance Services................................................................................................ 9 Goal....................................................................................................................................................... 9 Policy___......._.... ...................... ...___................... • 9 General Implementation Strategy.. ...................................................................................................... 9 Section 2 Administration/Harbor Patrol_.__.......... ......... ...................................... ........... ............ 10 Goals.............................._.......................................................................................-.........-................ 10 Proposed Policies.............. ....................-... 10 .................................... ....................... Implementation Strategies........._........ ............................................................................................... 10 . Section 3 Back Bay/Watershed/Environmental....................................................................................... 11 Goals.............................................................. ...... .-............. 11 ................................................................ Policies.................... ...................................................-................ 11 Implementation Strategies............................... ...................-.................................... 11 Policies............................. Implementation Strategies.................................. .................................................. .........--...--............. 12 . Beach Restoration......._...... .......................................................--.--...-- 12 Policy.................................___.................. 12 ImplementationStrategies................................................................................................................... 12 Groins.............................................................. ......... ..............-................................--..... 13 Policy........................................................................................... ....... ............ . .................................... 13 Implementation Strategies.......................... ................................................................... 13 Dredging-Channel, Marina, and Dock Maintenance.. ....... ........__... ........ ...___ 13 Policy...... ...... 13 ........................................................................................ Implementation Strategies.............................. ............. ........................-....... 13 BYkheads ..................................................................................................................................... ......... 13 Policy . ...... ..... 13 ............................................................................................................ ......... .................. Section 4 Boats................................................ 14 3 0 0 RecreationalBoating.................. ... ............. ........ ....................................................................... 14 ........... Goals............................. .... 14 Policy............................................... .... 14 ................................................................................................ Implementation Strategies...-.........._ _........................____................................____...............---.. 14 Marinas (defined as in-the-water boat storage)...................................................................................... 14 Goal............................................ ................................................................__........... 14 Policy.......................... ....... 14 Implementation Strategies.............. ....................... ............... ................. ........... ... 14 Boat Storage (defined as dry-storage).................................................................................................... 14 GoaI . .............................................................................................................................. ................... ... 14 Policy ................................................ 15 Implementation Strategies............................................. ......... ...................-............................- ........... 15 . Live-aboards........ ............................................. 15 15................................................................... .............................. Policy................................................................................................................................................... 15 ImplementationStrategies........... ................... .......... ......._....._......................................... ......._ 15 Anchorages............. ....................__.... .... ......._............... ............................................ 15 15.......................................................................................................................... Policies.......................................... .... 15 Implementation Strategies..-- .. .............. ............... .. ..... .............................................. ............ 15 . ...... .. MooringAreas.................... __........................... ........... ............ ............................................... ....... 15 16........................ ...................................................................................... Policies.......................................... .............................. 16 ImplementationStrategies......................................... ............................................................. 16 OvernightGuest Docks.................................................................................................................. 16 Goal ....... 16 ................................................................................. Policy_,...___....___... .................. ...... 16 ................................................................................. ImplementationStrategies................. --- - -• ...............-- ...................................................---• 16 CommercialBoats_.................................................... ......_................ ......._...... ............ 16 Goal ........................................................................ 16 ........................................................................... Passenger/Sightseeing Baats.................... ................................................................ 16 ......................... .... Policy.................. .............................................................. ......... ......... ...... ...... 16 ........................... Passenger Fishing Boats("Day Boa#s"}................ .. ................................................................... --........ 17 ................................................................................ Policy.................................... ............................... 17 Short-term Rental Boats........... ................................ .................................. ..................................... 17 Policies ........................................ 17 Long-term Renters........___............ ...................................................................................................... 17 . Policy............................... ...... 17 EntertainmentBoats....................................................... ..................................... 17 Policy._............... ...................................... ............................................................. 17 Implementation Strategies..............._. . . ---.......................... 17 ....................................................... ........ ... WorkBoats._.........._. ................................................................................ ..................... 17 Policies.......... ..................................................................................................................................... 17 Section 5 Financial!Fiscal....................................................................................... ........................ 18 Introduction ................................................................................ 18 Fiscal/Financial Subcommittee GoaIs ................................................ 18 ......................... Purpose and Scope................. ........................ ......... 18 ........................................................................ ... TidelandsAdministration............... ............................... ..............................................--............ 18 Goal............................................... 18 ..................... ................................................................... Policies ............................................................................. 18 Implementation Strategies.....__..... .......... .............................. 18 ....................... GrantMoney ........... ........................................................................................... 19 19............................................................................ Policy................................................................................................................................................... 19 Implementation Strategies.......___. ........................................................................... 19 ........................ Marketing ........................ ............ ................. ............................................................. 19 4 0 0 Goal__... ...........____. ...... 19 ................................................................................... Policy...............................-........................................ ........................................................................... 19 Implementation Strategies............................................ .....................................___......... 20 Revenues and Expenses.................... ............... ................................................................................. 20 .. Goal . ................. 20 ................................................................................... ...................... .......................... Pvlicies . ..... ......................... ...... 20 ... ........................................................................... ... ......... ................ Implementation Strategies.....-_.............. ......................................... ........ 20 ........................ Section 6 Land Uses at Bulkhead Line..................................................................................................... 21 21......................................................... HistoricNewport Bay........................................................ ......................___................................ 21 21................................................................................. Policies: .........._...... ............................ ..........___..._........ ..._....... ................ ........ ............ ....... 21 Implementation Strategy: ..... ... ...... ............ --... ... -.•.. ................... .................................................. 21 . . . PublicWaterfront..................................... ....... ............................................................................... 22 . ......... Goal..................................................................................................................................................... 22 22.............................•_................................................................. Residential Uses and Neighborhoods........... ......................................................................................... 22 Goal................................................................................................................. ............... ............ 22 Policies......................................................................................................................................---....... 22 Implementation Strategies................... ... ................................................................... 22 Water-Dependent Uses (Special "BiueBelf Overlay-all uses)............................................................... 22 Goal........................................................... ......................................................................................... 22 Policies ................................ 22 Implementation Strategies......................... ............................................ .. ...................... ........................... CommercialUses......................... ........... ............................................. ..................................................23 . 23........................................................---........ Policies................ ..................... --........ 23 Implementation Strategies........ ......._............ ......... ........... ....23 Restaurant Uses........................................ ...................................................24 .......... Goal............. .................................... . ....................................................---................................ 24 Policies............... ......................................................................___.................... 24 Implementation Strategies..........__..... ....... ................... 25 ..................... ............. Shipyard and Harbor Services Uses......... ................ ................. ............................................... 26 .......... ...Goal..................................................................................................................................................... 26 Policies.......................................................................................................... .................. 26 Implementation Strategies.................................... ................................... ................. 26 .. Water Recreation Uses(Public and Private).......................................................................................... 27 Goal .................................................................. 27 Policies........................................................................................................ .................................. 27 ImplementationStrategies........................................ ............ ..................................................... 28 Waterfront/Harbor Perimeter Access................. ........... ............................. 29 Goal._..................._........................................................................................................................... 29 Policies...................................................... .... 29 ................................................................................. ImplementationStrategies................................................................................ .................................. 29 Water Transportation/Land Support................................................................................____.....--....... 30 30....................................................................................... Policies....... ............. 30 Implementation Strategies..... ...........___.... ... ........... ............. ...__-_...._............ ........... 31 Appendix A Economic Model................. ................................................................... ........... 32 .......... 5 Glossary 6 Section 0 General Harbor Plan Element Goals and Objectives Goals and objectives are generalized statements of the"ideal" condition or state of operation, location or appearance of various elements of a plan. They are derived from the more specific listing of issues, problems, and ideas which we have been discussing, by working backwards to a more general statement of"what is it we want to achieve?" and "what problems on issues do we want to solve?"which groups a lot of the specifics into larger ideas. Here are my very preliminary ideas for discussion by all, Harbor Committee Goals Thou shall encourage: 1. Highest water quality possible. 2. Water contact activities(swimming, diving, kayaking). 3. Water dependent organized activities (yacht c)ubs, sailing, rowing, water taxis) 4. Maintenance of history properties (Newport Bay Dock, Nautical Museum, Pavilion) 5. Maintain working Harbor & Maintain Waterfront Villages Guiding Principles 1. Water quality 2. Mix and balance of uses I Sustain and encourage a balance of water dependent uses 4. Make sure Harbor is accessible 5. Promote effective coordination between regulatory agencies 6. Promote information and education about regulations, benefits, attractions and history of harbor 7. Maintain and encourage mutually and beneficial relationship between water activities and residential communities. S. Form a permanent Citizen's Committee, so called the"Harbor Commission"to provide the ongoing implementation policy recommendations, set priorities, and respond to current issues affecting the Harbor(eel grass, dredging, sea lions, etc.). 7 Section 9 Pubic Access Guest Docks and Anchorages Goals 1. Improve and extend public pedestrian, vehicular and boat access to and along the Harbor waterfront consistent with Iand and water access route capacities, parking and docking needs, public safety, working waterfront/water-dependent-use operational needs, coastal access requirements, views and other factors which will create a more distributed and controlled pattern of public access and use of the waterfront, 2. Sustain and encourage water-dependent and water-activity-supporting uses and activities as highest priority, water enhanced uses and activities as second priority, and non-water-dependent/enhanced uses and activity as the lowest priority. 3. Provide greater access to shoreline attractions for recreational boaters. Policy Increase the number and availability of day use and overnight dockage with bathroom facilities within the harbor both by city provided facilities and by using incentives to encourage private development. Launch Facilities Goal Provide public access to the harbor for boaters via trailer launch ramps and boat hoists. Policy Encourage the development of launching facilities in Newport Harbor,compatible with other uses. Recreational Fishing Goal Support recreational fishing as an appropriate use of the harbor to the extent it does not negatively impact other uses. Policy Provide a limited number of designated recreational fishing docks with Iimited hours, compatible with other residential uses. Public Beaches Goal Encourage access to existing public beaches, Policy Maintain or enhance existing public beaches. 8 Educational Goal Provide access to the harbor for youth and educational purposes. Policy Encourage the maintenance and enhancement of facilities that provide youth programs and boating educational programs. Mooring Access Goal Provide adequate access to offshore and onshore moorings with dinghy launch, dinghy storage, and parking facilities within the harbor. Policy Maintain existing offshore and onshore mooring facilities with improved access capability and dingy storage, consistent with existing residential uses, and a derelict boat ordinance for both offshore and shore moorings. Access for Harbor Maintenance Services Goal Provide the capability within the harbor to locate water dependent harbor maintenance equipment and facilities with harbor access. These services include dredging, dock demolition, repair and construction, mooring services, and general harbor construction, maintenance and repair. Policy Work with other controlling agencies within the harbor, and/or back bay, to define an area that can support harbor maintenance facilities and equipment. General Implementation Strategy Update and refine General Plan and LCP Land Use PIan to identify and define a Harbor Access Plan, showing potential public and private (and joint public/private)elements of a Harbor-wide access system, for water dependent uses, linking parking and public transportation systems. Establish specific zoning and urban design controls and incentives for public and private construction, operation and maintenance of this access system. Provide land use and development controls and restrictions limiting potential changes of use in the established waterfront access system to insure that public access and adjacent Private uses do not conflict. 9 0 0 Section 2 Administration/Harbor Patrol Goals 1. Sustain and enhance the combined recreational, residential, and commercial use and safety of the Harbor water and beach areas by clearly defining areas of permitted/non-permitted use and activities and by clearly informing users at key points of access to, entry in/out from water areas, piers, docks, mooring areas, through user groups, education and information programs and through public trade media. 2. Improve and expand the boating visitor interest and experience in Newport Harbor, by coordinating new arrival facilities, information and services, new and improved public mooring and docking facilities, new and improved dinghy docks and water taxi service at key locations, waterfront use guest dockage, club guest docks, and the communication of new visitor boating information through County Harbor patrol, City harbor staff, boating groups and in appropriate media. 3. Issues Create a coordinated single information sourcetsingle point of contact/single reference document for all Harbor regulatory, permitting, and enforcement information and processes, and coordinate and update all planning, design, engineering, and environmental criteria, standards, requirements and processes. 4. Multiple agency jurisdictions and departmental overlap have resulted in a variety of weaknesses which affect management of the Harbor, namely: ■ No single source of information ■ No current or long-range plans • Limited budget visibility ■ Local Coastal Plan not updated since and contains limited policy guidelines; lacking among others, maintenance, dredging, signage, visitor facilities. 5. Coastal Act compliance has been the sole focus and primary guidance in policy development and enforcement. 6. Current administration is permit and enforcement based (tidelands, access, moorings, etc,)but lacks a marketing, public information, or strategic plan to go beyond jurisdictional limits. Proposed Policies 1,. Establish guidelines to educate residents, visitors, and users of the Harbor on the regulations, benefits, attractions and history of the Harbor plus environmental protection measures necessary to the quality of the Bay. 2. Require the Harbor Patrol, as part of its administration of Moorings, to develop guidelines for visitor information, promotion and development of guest docks, anchorages, hospitality, etc, 3. Planning the Harbor element to project future user impacts from population and visitor growth and to best utilize the resource given natural constraints and pressure of competing users. Implementation Strategies 1. Update the City's LCP plan to make it more comprehensive. Integrate the report recommendations from the Harbor Committee. Review all current statutes and policies; update and incorporate needed guidelines. 2. Enhance the staff administration function within the Marine Department to augment the current institutional knowledge and compliance disposition to include marketing, communications, and community outreach necessary to implement the initiatives proposed by the Harbor Committee. 10 0 0 Section 3 Back Bay/Watershed/Environmental Goals 1. Sustain and enhance the water quality and variety of water character of Newport Harbor and its Back Bay as the unique distinctive physical environmental asset and amenities of the City of Newport Beach. 2. To preserve and enhance the use of the Upper Bay and Lower Bay for recreational boating, swimming, fishing, education, commerce, navigation and maintenance of the lands and wildlife in their natural state. Note: Upper and Lower Newport Bay is at the end of our watersheds"funnel", and the two Bays are affected by County, State and Federal jurisdictions, it is 1MPARATIVE that the city hire a dedicated "Harbor Advocate". Subsequent to the appointment, we need to develop a structure to support the"Advocate" in gathering information and promoting the city's agenda. This support structure must help coordinate these various issues and organizations to optimize the city's objective. Harbor Quality Committee/Commission, Surf Rider Foundation, Coast Watchers, etc. could be resources available to our"Harbor Advocate". Objective#1: To protect, preserve and enhance the bay water, natural wildlife and plant-fife in and around Upper and Lower Newport Bay. Policies 1. Ensure that the water quality in Newport Bay meets recreational standards for human body contact and also sustain marine life. 2. Promote cooperative programs with other cities, the county and resource agencies to determine necessary programs, (BMP) regulations and funding to sustain/maintain the bay and water quality. 3. Provide opportunities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant-life of the Bay. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protection and funding of the resources of the Bay. 2. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay. I.e.: Debris AND floating trash: (shouldn't be any) a. Promote ciean-outs of Delhi Channel prior to storm events (add more booms) b. Develop an "Adopt A Beach" program for Lower Bay Beaches c. Reestablish the log booms in the Upper Bay d. Explore Upper Bay bypass pipeline e. City marinas and private marinas purchasing floating debris entrapment devices f. Purchase floating "skimmer" device g. Incorporate more dry weather storm drain diversions to sewer system, similar to Dunes Project h, Investigate"Drain Paces installation in storm drain openings Sedimentation: a. Enlarge and maintain catch basins in the watershed creeks �- b. Discourage concrete channeling and boxing of creeks(natural is better) c. Require sandbagging all building sites d. Explore rebuilding the"Salt Co" dike as a debris and sediment catch basin e. Promote Arrundo Cane weeding in channels 11 f. Require all cities/jurisdictions in watershed to participate in Newport Bay Watershed Planning Agency g. Investigate"Aussie" Creek sump device Nutrients, Toxins and Pathogens: a. Promote acceptable "Total Maximum Daily Loads" (TMDL's) Objective#2: To protect and enhance the Upper Newport Say Ecological Preserve. (State purchased 741 acres) Policies 1. Work cooperatively with resource agencies and the County of Orange to protect wildlife and plant-life. 2. Support Upper Newport Bay Naturalists in striving to educate the public about the value of the resources in the Upper Newport Bay. 3. Support clean-up programs which are effective and protect the resources of the Bay. Implementation Strategies 1. Promote and support the Newport Bay Coordinating Council. 2. Designate areas of appropriate uses. 3. Provide special areas for parking and access to Bay resources. Suggestion: Acquire Lower Bayside Drive lot as mitigation for Irvine Company development. 4. Provide information about wildlife and plant-life of the bay through the cky's web-site and newsletter. Develop speakers' bureau. Objective#3: Maintain and enhance navigation channels, sand beaches and the image of a small Boat Harbor. Note: Recognize the Harbor, like other facilities, needs constant maintenance. This requires continuous negotiation with the County, State and Federal agencies for funding. (Needs a "Harbor Advocate") Beach Restoration Policy Maintain public bay beaches through sand replenishment programs to the fullest extent possible for the enjoyment and safety of the general public and harbor residents, and for the protection of existing structures. Implementation Strategies 1. Instate a program with consistent goals to regularly monitor and identify bay beaches in need of replenishment. 2. Recognize that many bay beaches, especially those exposed to scouring action from the harbor entrance, have lost sand over the years. Make a determination as to the cost/benefits of restoring sand to these particular beaches, and to maintaining the sand on these beaches once restored. 3. Determine a suitable source of good beach fill, and use the most effective means to provide a sufficient quantity that will produce a stable profile. 4. .Designate funding sources for beach maintenance-dedicated city funds, or a combination of public 't1hd private money when/where appropriate. Also, consider establishing requirements that tideland permit holders (docks) maintain a suitable beach profile in their area of responsibility. 5. Use most appropriate method to the extent possible to maintain sand. 12 L 0 0 6. Retain good quality sand within the harbor. (Too often good sand is hauled to sea.) Devise a system to connect donor beaches to those in need of replenishment. Groins Policy Pursue means of sand retention (versus sand restoration)when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics_ Implementation Strategies 1. Excluding seawalls, groins are currently the most commonly used structures to reduce beach erosion and limit sand migration. Investigate new methods of sand retention as they become available. 2. AnaIyze the need for groins on a case by case basis with a set goal and cost analysis (vs. continual restoration). Consider the impact on beach aesthetics in the analysis. 3. Engineer each groin on a case by case basis, with consideration to environmentally and visually compatible materials, as well as variable factors such as length, height, penetration, orientation, etc. 4. Consider placing temporary "test"groins at potential sites to first determine the effectiveness of such a structure. If proven effective, enhance the temporary structure or place a permanent one. If shown to be ineffective, re-engineer or remove it and consider alternatives. Dredging — Channel, Marina, and Dock Maintenance Policy Maintain by dredging depths for safe boat navigation and docking. Implementation Strategies 1. Areas within the harbor in need of public funded dredging must be identified and classified in order of importance and urgency. 2. Financial responsibility for those areas in need of dredging must be established. 3. All conventional and"creative"funding sources need to be identified. Work closely with the County in this regard. (A"Harbor Advocate" would be useful to keep Newport Beach in Iine for various grants and funding.) 4. A complicated, redundant, and expensive system of state and federal permit requirements currently exists for moderate to large scale dredging projects within the harbor. Establish and document an efficient system that deals with these requirements in a timely manner, and includes all agencies in the process. (Such a system currently exists for small dredging projects.) 5. Recognize that outside agencies' policies and decisions directly affect the viability of dredging in the harbor. Develop a system to efficiently monitor pending policy and personal changes, permit requirements, expiring permits, and environmental issues that could adversely affect the maintenance of the harbor. Attempt to deal proactively with these issues. Recognize that there may be high "hidden cost"with a failure to do so. Bulkheads Policy Balance private property "rights"against questions of harbor aesthetics(maintenance of the present beach profile of a small Boat Harbor)and other policies when considering application for bulkhead permits. 13 0 0 Section 4 Boats Recreational Boating Goals 1. Improve and expand the boating visitor interest and experience in Newport Harbor, by coordinating new arrival facilities, information and services, new and improved public mooring and docking facilities, new and improved dinghy docks and water taxi service at key locations, waterfront use guest dockage, club guest docks, and the communication of new visitor boating information through County Harbor patrol, City harbor staff, boating groups and in appropriate media. 2. To maintain recreational boating as the primary use of the harbor. Policy To continue recreational uses, which are mutually, compatible and which are compatible with upland uses, primarily residential use. Implementation Strategies 1. Continue management of the various organized uses by the private organizations which currently conduct events, examples being the Sea Base, collegiate rowing clubs and yacht clubs. 2. Recognize the value of unstructured marine activities such as swimming, kayaking and day-sailing, to ensure that participants can enjoy the harbor without joining organizations or participating in organized events. 3. Coordinate-event planning through a single agency currently the Harbor Patrol). 4. Institute engine exhaust noise standards(unlike other boats, these boats typically pass through the harbor several times per day at low speed). Marinas (defined as in-the-water boat storage) Goal To have safe, accessible, affordable and attractive marinas. Policy To permit enhancement and expansion of existing marinas and encourage construction of new facilities where compatible with upland uses. Implementation Strategies 1. Maintain standards for construction and maintenance of marinas. 2. Facilitate and encourage dredging for safe storage and access to marinas. 3. Discourage bayside land uses, which reduce the shoreline available for potential boat-oriented uses. Boat Storage (defined as dry-storage) Goal To have safe, accessible, affordable and attractive boat storage areas near Newport Harbor. 14 Policy Permit enhancement of existing facilities and encourage construction of new facilities where compatible with adjacent uses. Implementation Strategies 1. Maintain standards for construction and maintenance of boat storage facilities. 2. Discourage bayside land uses, which reduce shoreline available for potential boat-oriented uses. Live-aboards Goal To have a limited number of live-aboard residents, and only in areas where appropriate facRities exist. Policy Permit living aboard boats moored at specific locations where shore access and parking are conveniently available. Implementation Strategies 1. Designate specific moorings, which may be used for living aboard. 2. Specify number of live-aboard slips each marina is permitted. 3. Establish and enforce an inspection scheme for boats used to Iive aboard, anywhere in the harbor. Anchorages (Defined as areas where boats may be temporarily anchored) Goal To provide anchorage's in areas, which minimize interference with navigation, in the harbor and where shore access is convenient. Policies 1. Allow over-night anchoring only in designated anchorages. 2. Provide shore access convenient to anchorage areas. Implementation Strategies 1. Examine potential of re-arranging and/or adding to anchorage areas and secure the necessary governmental approvals to effect beneficial changes. 2. Seek improved shore access when opportunities arise. Mooring Areas (Defined as areas where anchors are permanently set and attached to floating buoys) 15 Goals 1. To have mooring areas with mooring equipment and vessels moored which give a positive image to the harbor. 2. Have access to shore and parking areas reasonably available to mooring owners. 3. Consider new technology and expanded services. Policies I. Continue use of existing mooring areas. 2. Improve shore access from mooring areas_ 3. Insure that fees charged for moorings are fair. 4. Allow only vessels which are operable and reasonably well maintained. Implementation Strategies 1. Opportunities for improved access should be taken when available. 2. Continue existing system for transfer of mooring ownership. 3. Continue to recognize the disparity of services available and location when evaluating mooring fees relative to slip fees. 4. Vigorously enforce the derelict boat ordinance and strengthen or refine it to accomplish its objectives. 5. Provide a convenient and efficient center to provide information on temporary mooring availability. Overnight Guest Docks Goal To provide a reasonable number of convenient overnight guest docks for visitor use. Policy Continue with existing guest docks and encourage addition of guest dock capacity at city facifities and at privately owned-marinas. [rriplementation Strategies 1. Provide a convenient and efficient center to provide information on temporary dock availability. 2. Make information conveniently available to anchorage users on access and attractions ashore. Commercial Boats Goal To continue the five categories of commercial use of the harbor in a manner that balances these uses with other uses and which maintains the ambiance of the harbor. These categories of use are: Passenger/Sightseeing goats Policy Continue this we€l-established activity in its existing mode, since it fills a fairly constant demand and has littlid,vonflict with other uses. No implementation strategy is required at present. 16 Passenger Fishing Boats ("Day Boats") Policy Continue this well-estabiished activity in its existing mode, since it fills a fairly constant demand and has little conflict with other uses. No implementation strategy is required at present. Short-term Rental Boats Policies Continue this well-established activity to fill an apparently growing demand, but with stronger measures to ensure safe and law-abiding use by renters. Implementation Strategies: 1. Require business operators to provide renters with information on harbor rules. 2. Provide feedback from law enforcement to business operators on conduct of renters. Long-term Renters Policy Continue this well-established activity in its existing mode, since it fills a demand and has Iittle conflict with other uses. No implementation strategy is required at present. Entertainment Boats Policy Permit this activity at a level compatible with existing bay use in terms of parking, noise, bay traffic and aesthetics. Seek improvement to increase acceptance by residents. Implementation Strategies 1. Provide a system of integrated permit enforcement/law enforcement. 2. Refuse permits to operators with repeated infractions. 3. Consider elimination of, or severely limiting, temporary permits to out-of-harbor vessels(as opposed to vessels regularly berthed and operated in the harbor). Work Boats Policies 1. Permit this activity at a level compatibie with existing bay use in terms of parking, noise, bay traffic and aesthetics. Seek improvement to increase acceptance by residents. 2. Identify permanent and temporary mooring areas. 17 0 9 Section 5 Financial/Fiscal Introduction Fiscal/Financial Subcommittee Goals The City will balance harbor revenues, expenses, transfer between funds or government entities and subsidies as related to each activity such as to better account for the financial burden imposed by the management, maintenance and improvement of the harbor. Such measurement shall be on an impartial basis to the benefit of the harbor environment and its users, namely residential, commercial, and recreational. The Newport Beach harbor stakeholders shall have visibility into the fiscal policies and finances of each of these activities. Seek and capture Grants and Loan moneys available. Purpose and Scope This document states the recommendations and considerations of the Fiscal/Financial Sub Committee to be included in the Harbor Committee's report to the Newport Beach City Council. This study considers only the financial aspects and fiscal policies of the harbor and provides guidelines for the next 20 years. Tidelands Administration The issue is what is a fair return to the City for tideland use? The tidelands without any value added features or leasehoid improvements such as moorings, piers, marinas, etc. has an unimproved or base value. Further, tidelands improved to accommodate other or new uses for which the end user is wiliing to pay, take on a new valuation. Therefore, there are different situations of value. Unimproved value should be the basis for fees, leases, rentals, etc. An additional factor should be applied to the base fee for City improvements or other value added costs. The commercial entity that provides a value added investment should be able to realize the benefit. Goal The City should get a fair return from all tideland users based on the base unimproved tideland value and adjusted for recapture of any city investment, services and management costs. Policies 1. The City will provide a base rate for all tideland users. 2. A fee adjustment will be added to the base fee for the recapture of any City investment, services and/or management costs. 3. Fees, rentals and leases will have a built-in CPl factor. 4. Fees, rentals and leases will be reviewed every 5 years Implementation Strategies 1. Determine the base unimproved fee for ail tideland use based on a single value per square foot of encumbered tideland. Provide a yearly CPI adjustment up or down. .2.. Determine an increment for investments, services and management costs which need to be "~ recovered in the fee structure. I Apply items 1 and 2 to fees, rentals or leases as appropriate. 4. Provide an accounting of the fee structure in terms of base rate, investment recapture, services and management costs for each class of tideland user or entity. 18 a. Charter b. Fishing c. Rental d. Excursion e. Marinas f. Ship Yards g. Restaurants h. Residential Rental Slips i. Water Front without piers j. Waterfront with private piers k. Waterfront with private piers with City use 1. Waterfront with private piers with Mooring Access m. Waterfront with private piers with public access n. Moorings o. Moorings with Live-aboards Grant Money Grant money is mainly for Capital Improvements and generaily does not cover on-going operations and maintenance. Goal Provide alternative and supplementai funds for projects that the City requires fulfilling its obligations for capital improvements. Grants and loans should not be considered in parallel with the long-terse operation and maintenance funded. Policy The city will consider Grants and loans to fulfill its obligations for boater safety, education, maintenance, and capital improvements of the Harbor. Implementation Strategies 1. An individual should be identified to be the in-house expert on Grant Money.This individual should be capable of seeking the appropriate grant writing organization or person. 2. This person should be consulted early in any capital expenditure to determine the possibility grant money could be obtained 1 Possible sources of funding: Department of Boating and Waterways Federal, State, and private Wallop Breaux Marketing Goal Estabiish a comprehensive Marketing Pian to promote Newport Harbor to the widest possible audience to promote uses compatible with the harbor users, environmental constraints and practical capacity limits and derive the maximum benefit for harbor related businesses and a fair return to the City for its tidelands administration, maintenance, services, etc. Policy Th%,jty shall promote Newport Harbor and its amenities to the public consistent with the goals for the harbor environment and its users. 19 0 s Implementation Strategies I. Generate a Newport Harbor marketing pian aimed at maximizing the revenue to the city and businesses consistent with the goals for the harbor environment and its users, namely residential, commercial, and recreational. 2. The marketing pian will provide for Cruising guides, Brochures, Handouts and Internet/Web sites on Newport Harbor Facilities 3. To provide yearly accounting and reports on the Economic impacts on harbor use and entities 4. Coordinate the communication message with the hospitality and marketing program of local organizations, i.e. Chamber of Commerce, Conference and Visitors Bureau, etc. Revenues and Expenses For the purposes of this report, the Newport Harbor is defined as the Upper/Lower Newport Bay and the immediate uplands. Goal Newport Harbor Revenue and Expenses should be delineated to identify sources and uses of funds. Policies 1. The Newport Harbor Revenues and Expenses shall be accounted for on an annual basis. 2. Fee equity will be provided by a uniform base rate plus the appropriate charges to offset costs for services and management and recapture any investments. 3. The Newport Harbor and Revenue accounting shall be included in the City's Annuai Budget. (Perhaps in the City of Newport Beach: Resource Allocation Plan) Implementation Strategies 1. Develop a planned change in the fee structure to take effect over a 5-year period, to allow for any adjustments to be phased in, rather than a large change at one time. 2. Conduct a survey and appraisal to determine the base rate for the tidelands. 3. Review the attached economic model for a baseline for the Annual Harbor Revenue and Expenses report, 20 0 10 Section 6 Land Uses at Bulkhead Line In the course of researching community input to assist in broadening the Subcommittee's information for these drafts, over two dozen personal interviews and telephone discussions were conducted with various individuals representative of a wide range of waterfront land use/activity interests around the Harbor. Additionally, some of these contacts, as well as others, contributed written suggestions. (City GP and LCP also used.) Goals 1. Sustain and enhance the unique mixture of uses and activities around the perimeter of Newport Harbor and Back Bay which distinguish it as a group of diverse working, tourism, residential, recreational, and conservation harbor and bay sub-communities. 2. Maintain the appropriate balance among the various Harbor communities' unique and essential residential lifestyle characteristics, commercial uses, and tourism/public access demands insure retention and enhancement of their primary use and character. 3. Retain and encourage enhancement of unique buildings, building complexes, uses, and activity centers which have served as recognized "icons" in the physical development/appearance and cultural history of Newport Harbor, and which serve to portray,communicate and sustain a"living history"of the Harbor and the marine environment. 4. Create a major central visual and activity focus(the"City Dock/Plaza") for the Harbor, providing complementary ;and and water areas of sufficient size and appropriate design for special events, displays, concerts, etc. with good Iand and water access, sufficient event parking, necessary support uses, and other features, including visitor docks. Historic Newport Bay Goal To maintain the characteristics and use of Historic Newport Bay, Policies- 1 To provide access and accommodation to the variety of users of Newport Bay, including boaters, fishermen (both commercial and recreationai), water sportsmen (such as rowers and kyakers), commercial recreation, and visitor access uses(such as retail commercial and restaurants) in a manner which is complementary to the residential nature of the harbor. 2. To protect and preserve the water quality of Newport Say to allow continued use for water contact sports and activities. 3. To preserve those areas and building which are representative of the history of Newport Harbor. Implementation Strategy: 1. Designate areas appropriate for use by the variety of Bay users. Consider zoning portions of the Harbor for specified uses or activities. 2. Adopt Iimitations on hours of operation for uses or activities, which generate noise. 3. Actively enforce local and Federal water quality requirements from both point and non-point sources. 4. Actively participate in regional programs designed to insure management of the watershed of Newport Bay consistent with Best Management Practices by all communities in the watershed. 5. identify areas or buildings representative of the history of Newport Harbor, and require their preservation when feasible. 21 Public Waterfront Goa[ Provide a single major public pedestrian area,which can be identified as"the Newport Harbor Maritime Center". This area would be provided with adequate public parking, and would be linked by land and water transportation systems to other key use and activity centers. Policy Encourage, by providing incentives, the development of a Maritime Center including restaurants with outside dining, shopping, water transportation docks, visitor docks, and faciiities for special events connected by a pedestrian walkway or boardwalk with direct views of the harbor, and provide increased public access to the harbor. Residential Uses and Neighborhoods Goal Maintain and enhance existing waterfront residential use and communities Policies 1. To retain and enhance these residential communities' essential and established linkages to harbor use and access by residents in balance with public Ivisitor access and use of the harbor through and adjacent to these residential areas. 3. To identify/mitigate existing and potential land use conflicts between existing and established residential areas and new nonresidential uses and between proposed/new residential uses and existing established non-residential uses. Implementation Strategies 1. Expand City support of residential community programs of identity, beautification, signage, safety/security, discussion forums and media, special events, and urban design distinctiveness. 2. Provide upgraded residential community waterfront public pedestrian ways, updated and consistent design standards and processes and use regulations for residential piers and docks, shore moorings, more signage for private and public wif areas/directions. 3. Develop specific land use and other controls for each waterfront residential area, to mitigate existing and potential use conflicts and impacts resulting from development of non-residential uses and activities, and vice versa. Consistently review development issues. Water-Dependent Uses (Special "BlueBelt" Overlay-all uses) Goal Sustain and enhance existing water-dependent uses and activities and:maintain unique mix of harbor waterfront Uses Policies 1^ To maintain and provide incentives for existing water-dependent uses'which remain viable/necessary in operation and location within Newport Harbor, and to provide first priority of consideration for similar usesloperators replacing existing uses and operators, before considering a change of use to lesserino water dependency. 22 0 0 2, To provide incentives for visitor-serving compatible uses as replacements for former water- dependent uses no longer deemed viabie or necessary, where such new uses are compatible with adjacent uses and activities, with priority over water-enhanced, but non-visitor serving uses, such as residential. 3. To expand and enhance the land-based uses(parking, etc.)and access to the land/water connections for water-based uses such as marinas, docks, piers, beach launch and swimming areas, etc. Implementation Strategies 1. Designate water-dependent"Bluebeft° incentive zones around harbor to sustain mix of uses as appropriate, and provide basket of incentives to uses remaininglupgrading or replacing wlsame use. 2. Designate appropriate visitor-serving use alternatives in BB zones, and require major mitigationtbenefits for non-visitor uses 3. Develop a harborwide upgrade of parking/access for BB zones Note:Water dependent uses are fishing and other vessel rental and charter, water transportation, water public safety and enforcement., marinas, boatyards, yachtlsailinglboatinglfishing clubs, watersports instructional and educational facilities, public and guest docking facilities and landside support uses,dredging, marine construction and harbor service and maintenance uses and related equipment. Commercial Uses Goal Sustain and enhance existing harbor commercial uses and use complexes; encourage and provide incentives for new/expanded harbor-compatible commerciai use Policies 1. To sustain and enhance existing water-enhanced and water-dependent commercial uses and commercial use complexes(i.e. Mariners' Mile, Lido V51age, Balboa Bay Club, etc.)which represent the current Harbor image and serve the current community and tourism needslmarkets of the Harbor and City. Preference should be given to existing water-enhanced and water- dependent commercial uses,which are compatible with the Harbor image and functions of Newport Beach. 2. To encourage and provide incentives new commercial uses and commercial use complexes, which are compatible with the existing and desired water-enhanced and water-dependent uses, particularly those, which are community and visitor serving. 3. To discourage and strongly limit changes of use which would place dissimilar and incompatible uses within established or stabilizing waterfront commercial areas(i.e. change commercial to residential in an area of established visitor-serving commercial activity, possibly creating environmental conflicts, Implementation Strategies 1. , Update and Refine General Pian and LCP Land Use Pian to identify and define the unique water- enhanced and water-dependent characteristics and potentials of Harbor commercial uses and commercial-use complexes, and establish specific zoning and urban design controls and incentives for retention and enhancement of these uses and compiexes. Define"Harbor Villages" and village subareas by use, activity, compatibility, and other factors of comparable function, appearance, and visitorslusers served. 2. Provide development incentives(water access, mixed use, density transfer, etc.)and public facility support(shared parking programs, public parking,etc.)to existing and new 23 0 0 useslcomplexes which most typify the Harbor nautical character and which most broadly serve the Harbor user and tourism visitor. 1 Provide stringent Iand use and development controls and restrictions limiting potential changes of use in established Harbor commercial areas. These areas typify the Newport Harbor waterfront character, and should not permit a significant change of use(i.e. from visitor-serving commercial to single-family residential) representing an isolated or"spot-zoned"change within an existing established or otherwise stabilizing water-enhanced/water-dependent commercial area. 4. Provide incentives to new developers to retain otherwise economically viable and community image-establishing commercial uses, and specific structures,where appropriate, in new projects on the Harbor waterfront, encouraging mixed use, shared parking, density transfer, waterfront access, and other incentives to achieve such retention in new projects. 5. In conjunction with a new detailed Pian of Waterfront Pedestrian Access(linked to Harbor parking and supplemental land and water transportation systems), existing and new commercial uses and commercial complexes should be encouragedlrequired to provide, as a part of existing or new development, a portion of the overall pedestrian system and guest/water taxi docking (based on Harbor-wide design guidelines)within their waterfrontagelpermitted water overhang. (i.e. Lido Village) This along-waterfront access would typically only be encouraged/required where a commercial use fronts on the water's edge and where such public access does not conflict with security or public safety aspects of the use. (i.e. water-dependent commercial with cross- bulkhead equipment use, such as dredging/marine construction, etc.) In such cases, pedestrian system"detours" around such uses should be incorporated in the system planning to maintain continuity of access. 5. Provide a comprehensive system of directional and informational signage for the Harbor Commerciai Viliages and their uses and activities, which is highly legible both day and night from autos and transportation vehicles entering the City, approaching key turning/ parking decision points on City streets, and at the uses/use complexes themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking/pedestrian systems serving the Harbor. Provide a sirniiar signage system for use by water-based visitors and users of these commercial uses and complexes, identifying guest and dinghy docks,water taxi docks, etc. Restaurant Uses Goal Sustain the waterfront existing restaurant uses and restaurant complexes; encourage and provide incentive for new/expanded harbor-compatible restaurant uses to provide access by boat. Policies 1. To sustain and enhance existing water-enhanced and water-dependent restaurant uses and restaurant complexes (i.e. Mariners' Mile, Lido Village, The Rhine, etc.)which represent the current Harbor image and serve the current community and tourism needs/markets of the Harbor and City. Preference should be given to existing water-enhanced restaurant uses which are compatible with the Harbor image and functions and which expand waterfront pedestrian access, and access by water transportation means. 2. To encourage and provide incentives new restaurant uses and restaurant use compiexes which are compatible with the existing and desired water-enhanced restaurant uses, particularly those which are community and visitor-serving. Preference should be given to new water-enhanced restaurant uses which are compatible with the Harbor image and functions and which expand waterfront pedestrian access, and access by water transportation means. .a. To discourage and strongly limit changes of use which would place dissimilar and incompatible uses within established or stabilizing waterfront restaurant areas(i.e. change restaurant use to residential use in an area of established visitor-serving waterfront restaurant activity, possibly creating environmental conflicts. 24 0 0 4. To establish and enforce consistent, widely accepted, marine industry and harbor community standards and guidelines for the use of charter vessels providing "dinnerlcocktaii cruises, special event catered and non-catered cruises", "business and VIP cruises"and similar activities in which the restaurant use, site and activities serve as the docking, boarding, parking and supply base for the vessels, passengers, crews, and supply. To establish limits and procedures for accommodating and operating such vessels and activities on the waterfront and in the Harbor. 5. To establish and enforce consistent, widely-accepted, scientifically -based standards of soundlnoise and light/glare control and timing of operations for restaurants and their outdoor operations and (if present) their charter vessel operations which will enable compatible use of these facilities with adjacent residential areas of the community. To estabiish special operating conditions for special events such as the Christmas Boat Parade and other activities which are infrequent and uniquely essential to the Newport Beach community. Implementation Strategies 3. Update and Refine General PIan and LCP Land Use Plan to identify and define the unique water- enhanced and water-dependent characteristics and potentials of Harbor restaurant uses and restaurant-use complexes, and establish specific zoning and urban design controls and incentives for retention and enhancement of these restaurant uses and complexes. Define" Unique Harbor Restaurants and Restaurant Complexes(see Harbor Villages in Commercial) by unique use, activity, compatibility, and other factors of history, location, appearance, and visitorslusers served. 2. Provide development incentives(water access/docking, waterfront pedestrian access, etc.)and public facility support(shared parking programs, public parking, public docks,etc.)to existing and new restaurant uses and complexes which most typify the Harbor nautical character and function and which most broadly serve the Harbor user, tourism visitor, waterfront pedestrian and water- based transportation uses. 3. Provide stringent land use and development controls and restrictions limiting potential changes of use in established Harbor waterfront restaurant areas. These areas typify the Newport Harbor waterfront character, and should not permit a signi€icant change of use(i.e. from visitor-serving restaurant to single-family residential) representing an isolated or"spot-zoned"change within an existing established or otherwise stabilizing water-enhanced/water-dependent restaurant area. 4. Provide incentives to new developers to retain otherwise economically viable and community image-establishing restaurant uses, and specific structures, where appropriate, in new projects on the Harbor waterfront, encouraging mixed use, shared parking, density transfer,waterfront access, and other incentives (as in D8)to achieve such retention in new projects. 5. In conjunction with a new detailed Plan of Waterfront Pedestrian Access(linked to Harbor parking and supplemental land and water transportation systems), existing and new restaurant Uses and restaurant complexes should be encouraged/required to provide, as a part of existing or new development, a port ion of the overall pedestrian system and guest/water taxi docking (based on Harbor-wide design guidelines)within their waterfrontage and permitted water overhang. (i.e. Lido Village, Mariner's Mile,The Rhine, etc.)This along-waterfront access would typically only be encouraged/required where a restaurant use fronts on the water's edge and where such public access does not conflict with security or public safety aspects of the restaurant or related site uses. In such cases, pedestrian system"detours"around such uses should be incorporated in the system planning to maintain continuity of access. 6. Provide a comprehensive system of directional and informational signage for the Harbor Restaurants and their uses and activities,(see Commercial)which is highly legible both day and night from autos and transportation vehicles entering the City, approaching key turning/parking decision points on City streets, and at the restaurants/restaurant complexes themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking/pedestrian systems serving the Harbor. Provide a similar signage system for use by water-based visitors and users of these restaurant uses and complexes, identifying guest and dinghy docks, water taxi docks, etc. 7. Establish and enforce consistent widely accepted, marine industry and harbor community standards and guidelines for the use of charter vessels providing "dinner/cocktail cruises", 25 0 0 "special event catered and non-catered cruises", "business and VIP cruises"and similar activities in which the restaurant use, site and activities serve as the docking, boarding, parking and supply base for the vessels, passengers, crews, and supply. Establish limits and procedures for operating such vessels and activities in the Harbor. 8. Establish and enforce consistent, widely-accepted, scientifically -based standards of sound/noise and light/glare control and timing of operations for restaurants and their outdoor operations and(if present)their charter vessel operations which will enable compatible use of these facilities with adjacent residential areas of the community. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities which are infrequent and uniquely essential to Newport Beach. Shipyard and Harbor Services Uses Goal Sustain and enhance existing harbor shipyard uses and harbor service uses; encourage and provide incentives for retention and expansion of these uses Policies 1. To sustain and enhance existing water-dependent shipyard uses and Harbor service uses(i.e. fuel docks, dredging, marine construction, moorings and dock maintenance, harbor water cleaning, etc.)which represent essential current Harbor uses and activities serving the existing waterfront uses and boating communities and visiting vessel water tourism needs of the Harbor and City. Preference should be given to the existing water-dependent uses of this type which are located throughout the Harbor, and which cannot operate without adequate and appropriate land and water storage, cross-bulkhead linkages and navigability, and which improve their environmental operation. 2. Retain these uses and their capabilities to provide essential emergency functions within the Harbor(haul out sinking vessels, storm preparation/ repair/cleanup, pollution control,etc.) not done by public sector agencies, or in support of public sector agencies. 1 To encourage and provide incentives the development and operation of new Harbor service uses and facilities (waste pumpout systems, in-water vessel servicing of fuel,waste, bottom-cleaning R repair, etc.)which are compatible with the existing uses, Preference should be given to new water-dependent service uses which are compatible with the Harbor uses and operations and which provide emergency and environmental enhancement of operations and water quality. 4. To discourage and strongly limit changes of use which would replace existing essential shipyard and Harbor service uses with non-water dependent and non-servicelemergency uses within established or stabilizing waterfront areas where these uses must/can be located. (i.e. change shipyard or service use to residential use in an area of established water-dependent, navigable- access waterfront uses and water accessibility. Similarly, identical or desired new uses or expansions/renovation of existing uses of this type should be preferred as"bluebelt" uses which can only exist on the waterfront. 5. To utilize, or establish, and enforce consistently, government and marine industry standards and guidelines for the operation and environmental controls of such uses and activities. To establish procedures and public/private cooperation and communication for the emergency use of these facilities and equipment in advance of flood, storm, pollution, vessel sinking, and other events, and to implement these procedures from these uses as"emergency bases of operations" supplementing public agency safety and rescue bases and equipment. Implementation Strategies 1. Update and Refine General Plan and LCP Land Use Plan to identify and define the unique water- dependent characteristics and potentials of Harbor shipyard and service uses, and establish specific zoning and urban design controls and incentives for retention and entrancement of these 26 0 0 uses and their necessary land and water equipment and facilities. Define "Unique Harbor Shipyards and Services by unique use, activity, compatibility, and other factors of history, location, and visitorslusers served, emergency activities. 2. Provide development incentives(water access/docking, land area storage for equipment etc.) and public agency support(pumpouts, water treatment equipment, etc.)to existing and new shipyard and service uses which most essentially serve the home-ported vessel user, tourism vessel visitor,waterfront propertylpierldocklmarina uses, beach replenishment, channel and dock area dredging; water quality maintenance, etc. 3. Provide land use and development controls and restrictions limiting potential changes of use in established Harbor shipyard and service uses-These controls and restrictions should not permit a significant change of use(i.e. from shipyard to single-family residential) representing an isolated or"spot-zoned' change within an existing established or otherwise stabilizing water- enhanced/water-dependent shipyard 1 service use area. 4. Provide incentives to existing and new owners and operators of shipyards and service uses to retain otherwise economically viable and essential uses, and specific structures, where appropriate, in new projects on the Harbor waterfront encouraging mixed use, shared parking, waterfront access, and other incentives to achieve such retention in new projects. 5. In conjunction with a new detailed Plan of Waterfront Pedestrian Access(linked to Harbor parking and supplemental land and water transportation systems), existing and new shipyard and service uses should be encouraged to provide, as a part of existing or new development where such public access does not conflict with security or public safety aspects of the shipyard or service use and its related site uses, and cross-bulkhead equipment operations. In such cases, pedestrian system"detours" around such uses should be incorporated in the system planning to maintain continuity of access, including the usage of public sidewalks, etc. 6. Provide a comprehensive system of directional and informational signage for the Harbor shipyards and service uses and activities which is highly legible both day and night from autos, boat transportation vehicles, marine service vehicles and emergency vehicles entering the City, approaching key turning/ access decision points on City streets, and at the uses themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking/pedestrian systems serving the Harbor to inform about shipyard/service uses operations hazards to pedestrians and in-dictate safe detours around these uses. Provide a similar signage system for use by water- based visitors and users of these uses, identifying emergency docks and haulout locations, water depths, etc Water Recreation Uses (Public and Private) Goa! Sustain and enhance existing private and public water recreation uses; encourage and provide incentives for retention, expansion of these uses Policies 1. To sustain and enhance existing water-dependent yacht club uses and public water recreation uses(i.e. Newport Aquatic Center, QCC/Collegiate Rowing and Sailing Center, Sea Scouts Center, off-beach sailing and boating clubs, launch ramps, etc.)which represent important current Harbor uses and activities serving the existing organized and public boating communities and augmenting visiting vessel needs of the Harbor. Preference should be given to the existing water- dependent uses of this type which are located throughout the Harbor, and which cannot operate without adequate and appropriate land and water storage,cross-bulkhead linkages and Navigability, and which provide major instructional and recreational activity functions. 2. To encourage and provide incentives the expanded development and improved operation of existing and new yacht club and public water recreation uses and facilities (docks, moorings, 27 launch ramps, launch cranes, on-land boat storage, launch ramps, parking etc]which are compatible with the existing uses and with a more efficient use of Harbor water areas. Preference should be given to existing and new uses which serve, or expand to serve, large numbers of local and visiting users of all age groups with a broad base of events, instruction, safety procedures and equipment water transportation, additional boating access and more efficient and appropriate use of the existing Newport Harbor water areas and Harbor beach areas. 3. To discourage and strongly limit changes of use which would replace existing water-dependent yacht club and water recreation uses with non-water-dependent and non-recreational uses within established or stabilizing waterfront areas where these uses must/can be located. (i.e. change yacht club or water recreation use to residential use in an area of established water-dependent navigable-access waterfront uses and water accessibility). Similarly, identical or desired new uses or expansions/renovation of existing uses of this type should be preferred as"biuebelt" uses which can only exist on the waterfront. Implementation Strategies 1. Update and Refine General Plan and LCP Land Use Plan to identify and define the unique water- dependent characteristics and potentials of Harbor yacht club and water recreation uses, and establish specific zoning and urban design controls and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. Define "Unique Harbor Yacht Clubs and Water Recreation Facilities" by unique use, activity, compatibility, and other factors of history, location, visitors/users served, Harbor-wide and regional activities, water areas used. etc. 2. Provide development incentives(water access/new docking, land area storage for boats, shared parking for special events, etc.)and public agency support(pumpouts, funding support etc.)to existing and new yacht club and water recreation uses which serve the home-ported vessel user, tourism vessel visitor, youth and public instructional groups, Harbor beach usage, channel and dock area uses; water quality maintenance, etc. 3. Provide land use and development controls and restrictions limiting potential changes of use in established Harbor yacht clubs and water recreation uses. These controls and restrictions should not permit a significant change of use (i.e. from yacht club or public recreation facility to single- family residential or commercial use) representing an isolated, incompatible or"spot-zoned" change within an existing established or otherwise stabilizing water-enhanced/water-dependent yacht club/water recreation use area. 4. Provide incentives to existing and new owners and operators of yacht clubs and water recreation uses to retain otherwise economically viable and essential uses, and specific structures, where appropriate, in new projects on the Harbor waterfront, encouraging shared parking,waterfront access, and other incentives to achieve such retention in new projects. 5. In conjunction with a new detailed Plan of Waterfront Pedestrian Access (linked to Harbor parking and supplemental land and water transportation systems), existing and new yacht club and water- recreation uses should be encouraged to provide, as a part of existing or new development, pedestrian system"detours" around such uses, incorporated in the system planning to maintain continuity of access, including the usage of public sidewalks, etc. 6. Provide a comprehensive system of directional and informational signage for the Harbor yacht club and uses and activities which is highly legible both day and night from autos, boat-trailering vehicles, entering the City, approaching key turning! access/parkingllaunching decision points on City streets, and at the uses themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking and pedestrian systems serving the Harbor to inform about yacht club and water recreation uses operations conflicts with pedestrians and indicate safe detours around these uses. Provide a similar signage system for use by water-based visitors and users of these uses, identifying guest and visitor docks, crane and ramp haulout locations, water depths, etc. 28 Waterfront/Harbor Perimeter Access Goal Expand and improve existing harbor public waterfront access; encourage and provide incentives for private expansion of this access by waterfront land uses Policies 1. To expand and improve existing public waterfront access and water-uses access which provide important links to waterfront Uses such as beaches, small vessel iaunching facilities, public docks, and other similar public water uses. Preference should be given to existing and easily developable new water-access facilities of this type which are located at street ends, along public waterfront edges, and in other public locations, where improvements will enable a wider distribution of such access points throughout the Harbor perimeter and desired destinations, reducing usage impacts on existing facilities and adjacent uses, particuiarly residential neighborhoods. 2. To provide a single major public pedestrian space which can be identified as the identity and activity"center"of Newport Harbor public access and use for special events at the Harbor's water edge. This space would Iink to a harbor-wide system of publicly/privately—provided public waterfront access among key use and activity centers. It would also link to adjacent water transportation docks, visitor docks, docks for special events/specialty vessels,and a plan of shared public and private parking facilities for special events. 1 To encourage and provide incentives the expanded development of existing and new private waterfront public pedestrian access systems and facilities such as waterfront boardwalks, links between waterfronts and public sidewalks on adjacent streets, increased access to water activities, uses, transportation, etc. These are intended to provide a greater number and diversity of waterfront access choices throughout the Harbor supplementing an expanded public access system. Preference should be given to existing and new uses which provide such facilities for large numbers of local and tourism users,which link water transportation and land transportation and parking uses around the Harbor and which can more evenly distribute access points among harbor uses, destinations, parking areas and neighborhoods where few or none have existed before, in a compatible manner. 4. To encourage and provide incentives private construction of such public waterfront pedestrian connections and areas in a connected system of continuous access around the Harbor perimeter, where practicable, by City and other public agencies granting air-rights, encroachment permits, outdoor dining decks and other uses, and other incentives to private sector waterfront uses which agree to provide these elements of the public access system. 5. To provide additional public waterfront parks and adjacent upland recreational opportunities that expand and reduces shortage of existing facilities. Implementation Strategies I- Update and Refine General Plan and LCP Land Use Plan to identify and define a Harbor Waterfront Access Plan, showing potential public and private(and joint public/private)elements of a Harbor-wide access system, and linkages to parking and public transportation system. Establish specific zoning and urban design controls and incentives for public and private construction, operation and maintenance of this access system. Establish specific privacy, security and protection controls to insure residential neighborhood integrity. Define"Unique Harbor Waterfront Activity Centers"to be connected by this system and related parking and transportation systems. :7- Encourage and provide incentives private construction of such public waterfront pedestrian connections and areas in a connected system of continuous access around the Harbor perimeter, where practicable, by City and other public agencies granting air-rights, encroachment permits, 29 outdoor dining decks and other uses, and other incentives to private sector waterfront uses which agree to provide these elements of the public access system. 3. Provide land use and development controls and restrictions Iimiting potential changes of use in the established waterfront pedestrian access system, to insure that public access and adjacent private uses do not conflict. These controls and restrictions should not permit a significant change of use(i.e. from public access/dining deck facility to only a private dining deck). 4. In conjunction with the new waterfront access, provide linkages to public and private parking and supplemental Iand and water transportation systems. Existing and new waterfront uses should be required to provide, as a part of existing or new development, improved pedestrian system access between parking areas and public sidewalks and the transportation facilities. Improved privately provided parkinglshared parking for this system is also encouraged. 5. Provide a comprehensive system of directional and informational signage for the Harbor pedestrian access system and related parking and land and water transportation facilities which is highly legible both day and night from autos, tourism and transit system busses, and hotel/tourism shuttles entering the City, approaching key turning access/parking/launching decision points on City streets, and at the uses themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking and pedestrian systems serving the Harbor to direct pedestrians within the system and inform them of rules of usage of the system. (publictvs private areas, noise, privacy, etc.) Provide a similar signage system for use by water-based visitors/local users of the pedestrian system, distinguishing between public use and access areas and adjacent private use areas such as dining decks, etc. Water Transportation/Land Support Goal Sustain and enhance existing harbor public water transportation; encourage and provide incentives for expansion of these uses and land support facilities Policies I. To sustain and enhance existing water transportation uses and their support facilities (i.e. Catalina Ferry, Balboa Ferry, etc.)which provide important current public transportation services Iinking the Harbor with other resort and tourism destinations and providing cross-Harbor service. Preference should be given to the existing water-dependent uses of this type which are located in the Harbor, and which cannot operate without adequate and appropriate land parking areas, vehicular and pedestrian access and docking and navigability access. 2. To encourage and provide incentives the expanded development and improved operation of existing and new public and private water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking, etc)which provide a diversity of coastal and in-harbor water transportation choices. These choices may include additional ferries,water taxis, shore boats from yc's, private dinghiesl"bay boats", and additional docks, loading areas, parking, etc. Preference should be given to existing and new uses which serve, or expand to serve, large numbers of local and tourism visiting users, which can reduce local short-trip vehicular traffic among uses around the Harbor and which can more evenly distribute routes and access points among harbor uses, destinations, parking areas and neighborhoods. 3. To discourage and strongly limit changes of use which would replace existing water-dependent transportation uses and facilities with non-water dependent and non-recreational uses within established or stabilizing waterfront areas where these uses must/can be located. (i.e. change transportation use to residential use in an area of established water-dependent navigable-access waterfront uses and water accessibility). Similarly, identical or desired new uses or expansionstrenovation of existing uses of this type should be preferred as"bluebelt" uses which can only exist on the waterfront. 30 4. To provide additional public and private docks to serve only water transportation uses and activities, excluding water recreation, fishing, other limiting or conflicting uses(restaurant guest docks, marina visitor docks, etc.) Implementation Strategies 1. Update and Refine General Plan and LCP Land Use Plan to identify and define the unique water- dependent characteristics and potentials of Harbor water transportation uses, and establish specific zoning and urban design controls and incentives for retention and enhancement of these uses and their necessary land and water equipment and facilities. Define" Unique Harbor Water Transportation Facilities" by unique use, activity, compatibility, and other factors of history, location, visitors/users served, Harbor-wide and regional activities, water areas used, etc. Z Provide development incentives(water access/new docking, land area for facilities, parking, etc.) and public agency support(parking, pedestrian walks, signage, etc.)to existing and new water transportation uses which serve the local community, tourism visitor, and groups with special needs. 3. Provide land use and development controls and restrictions limiting potential changes of use in established Harbor water transportation uses. These controls and restrictions should not permit a significant change of use(i.e. from transportation facility to single-family residential or commercial use)representing an isolated, incompatible or"spat-zoned"change within an existing established or otherwise stabilizing water-enhanced/water-dependent transportation use area. 4. Provide incentives to existing and new owners and operators of water transportation uses to retain otherwise economically viable and essential uses, and specific structures, where appropriate, in new projects on the Harbor waterfront, supporting shared parking, improved waterfront access, and providing other incentives to achieve such retention in new projects. 5. In conjunction with a new detailed Plan of Waterfront Pedestrian Access (linked to Harbor parking and supplemental land and water transportation systems), existing and new water transportation uses should be encouraged to provide, as a part of existing or new development, improved pedestrian system access between parking areas and public sidewalks and the transportation facilities. Improved parking/shared parking also encouraged. 5. Provide a comprehensive system of directional and informational signage for the Harbor water transportation uses and related parking and dock access facilities which is highly Legible both day and night from autos, tourism and transit system busses, and hotel/tourism shuttles entering the City, approaching key turning/access/parking/launching decision points on City streets, and at the uses themselves. At an appropriately different scale from that of the vehicular-speed legibility signage, provide a similarly comprehensive pedestrian-scale signage system within the parking and pedestrian systems serving the Harbor to direct pedestrians to and from these transportation uses. Provide a similar signage system for use by water-based visitors and users of these uses, distinguishing between guest and visitor docks and transportation docks. IVr i 31