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HomeMy WebLinkAbout03 - Proposed City Council Policy — (Request to Extend Mooring Length)Q �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report March 10, 2020 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager, cjacobs@newportbeachca.gov Kurt Borsting, Harbormaster, kborsting@newportbeachca.gov PHONE: 949-644-3313/949-270-8158 TITLE: Resolution No. 2020-18: Proposed City Council Policy — "Establishment of Maximum Vessel Length Overall (LOA) Pursuant to Newport Beach Municipal Code Subsection 17.60.040(M) (Request to Extend Mooring Length)" ABSTRACT: At the Harbor Commission meeting of November 13, 2019, the Harbor Commission reviewed proposed amendments regarding offshore mooring extensions in conjunction with their review of Title 17 and implementation of Goals and Objectives to "Establish policies for modifications to mooring sizes". The Commission reviewed and approved the attached policy for City Council consideration. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly-, and b) Adopt Resolution No. 2020-18, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy H-3 "Establishment of Maximum Vessel Length Overall (LOA) Pursuant to Newport Beach Municipal Code Subsection 17.60.040(M) (Request to Extend Mooring Length). " FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On July 1, 2017, the City took over the management of the City's offshore and onshore mooring fields. The City manages over 1,200 moorings located within the Harbor and approximately 800 of those are offshore moorings in eight mooring fields. Over the past several years, the Harbor Department has received a number of requests to lengthen moorings and determined that neither the City's Municipal Code nor the Harbor Department had a process or method to consider mooring extension requests. 3-1 Resolution No. 2020-18: Proposed City Council Policy — "Establishment of Maximum Vessel Length Overall (LOA) Pursuant to Newport Beach Municipal Code Subsection 17.60.040(M) (Request to Extend Mooring Length)" March 10, 2020 Page 2 On October 10, 2018, a subcommittee of the Harbor Commission (Ira Beer and John Drayton) was appointed to review the offshore mooring extension process. The subcommittee worked with the City's Harbor Department and Information Technology staff to determine the existing mooring configurations within each field, by row. As the subcommittee soon discovered, there is no standardized practice for determining maximum lengths and vessel mixes within mooring fields. In addition, mooring fields are often odd shaped and conditions in each mooring field differ. The subcommittee's goals in establishing the maximum lengths are threefold: 1) to ensure the fields are safe and have adequate maneuverability; 2) to maximize the space utilization within the mooring fields in the most effective manner possible; and 3) provide staff and the community with guidance for mooring field extension requests. The subcommittee developed a general methodology for use in evaluating and providing guidance with future requests by mooring permittees to modify/extend established mooring lengths. Attachment A to City Council Policy H-3 features a table with the following informational fields: 1) Mooring/Field Row —designates individual name of each row within each field. Each row contains one or more moorings (used for the offshore storage of vessels). 2) Maximum Vessel Length Overall Based Upon Site Conditions — This is the proposed maximum length of a vessel in a designated row. Attachment B to the policy are maps of each mooring field. The maps are intended to clarify the dimensions within each field. Details include the name of each row (Row A-01, A-02 etc.), the row width, and the width of the adjacent fairways (the spaces between the rows within the mooring field). For example, Row A-10 is 76 feet wide with a fairway to the north of 38 feet and a fairway to the south of 75 feet. Based on the new policy, moving forward, the longest vessel that would be considered for this row is 50 feet. The intention of this policy is to keep fairway widths adequate for navigation, maneuverability and safety. The Harbor Commission approved the proposed City Council Policy to implement the mooring extension request policy, which is presented here as Attachment A to the Resolution. The draft policy will require the Harbormaster to review each request to make a determination or recommendation to the Harbor Commission regarding whether or not a proposed mooring length extension is appropriate for each specific location. There are several locations in the mooring fields in which the fairway within the field is very narrow, is irregular or the row is adjacent to a public beach or restricted navigational area and the Harbormaster must use judgement to ensure the boat will not infringe on the other mooring permittees. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-2 Resolution No. 2020-18: Proposed City Council Policy — "Establishment of Maximum Vessel Length Overall (LOA) Pursuant to Newport Beach Municipal Code Subsection 17.60.040(M) (Request to Extend Mooring Length)" March 10, 2020 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2020-18 3-3 ATTACHMENT A RESOLUTION NO. 2020-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING CITY COUNCIL POLICY H-3 "ESTABLISHMENT OF MAXIMUM VESSEL LENGTH OVERALL (LOA) PURSUANT TO NEWPORT BEACH MUNICIPAL CODE SUBSECTION 17.60.040(M) (REQUEST TO EXTEND MOORING LENGTH)" WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, on November 13, 2019, the Harbor Commission of the City of Newport Beach, reviewed and recommended approval of draft Council Policy H-3 to establish maximum vessel lengths overall in accordance with proposed revisions to Title 17 (Harbor Code) of the Newport Beach Municipal Code, specifically, Subsection 17.60.040(M) (Request to Extend Mooring Length); WHEREAS, on February 11, 2020, the City Council of the City of Newport Beach ("City Council") adopted revisions to Title 17, including Subsection 17.60.040(M), which authorizes offshore mooring permittees to request a mooring permit for a larger vessel, other than the assigned vessel, subject to compliance with the section and council policy; and WHEREAS, the City Council desires to adopt Council Policy H-3 to fairly and consistently consider applications for mooring permits for larger vessels other than the assigned vessel and establish maximum vessel lengths overall by field and row within the City's managed offshore mooring fields. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts Council Policy H-3 "Establishment of Maximum Vessel Length Overall (LOA) Pursuant to Newport Beach Municipal Code Subsection 17.60.040(M) (Request to Extend Mooring Length)" attached hereto as Exhibit 1, which is incorporated herein by reference. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 3-4 Resolution No. 2020-18 Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 5: The City Council finds the adoption of this resolution and the establishment of City Council Policy H-3 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: The resolution shall take effect upon the effective date of Ordinance No. 2020-05 and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of March, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APP OVED AS TO FORM: CITY TTORNEY'S OFFI E C,CL Aaron C. Harp City Attorney Attachment: Exhibit 1 — City Council Policy H-3 3-5 EXHIBIT 1 H-3 ESTABLISHMENT OF MAXIMUM VESSEL LENGTH OVERALL (LOAD PURSUANT TO NEWPORT BEACH MUNICIPAL CODE SUBSECTION 17.60.040(M)(REQUEST TO EXTEND MOORING LENGTHI Purpose The City of Newport Beach manages the offshore moorings located on the City's tidelands. In March 2020, Subsection 17.60.040(M) (Request to Extend Mooring Length) was added to the Newport Beach Municipal Code authorizing offshore mooring permittees to request a mooring permit for a larger vessel, other than the assigned vessel, subject to compliance with the subsection and council policy. The purpose of Council Policy H-3 is to establish the maximum length overall ("LOA") for vessels by field and row within the City's managed offshore mooring fields. This policy ensures implementation of the City of Newport Beach Municipal Code. Definitions The definitions of "beam," "fairway," "vessel length," and "vessel width" are set forth in Chapter 17.01 (Definitions) of the Newport Beach Municipal Code. The definition of "row" for purposes of implementing Council Policy H-3 is the following: Row. The "row" term shall mean a line parallel or nearly parallel to moored boats separated by a fairway. Procedures The procedure to apply for a mooring extension, application review process, reviewing authority, findings necessary for issuance of a permit and other related requirements are set forth in Subsection 17.60.040(M) of the Newport Beach Municipal Code. Maximum LOA by Field and Row An application for mooring extension may not exceed the maximum LOA, by field and row set forth in Attachment A. Notwithstanding the maximum vessel lengths set forth in Attachment A, the Harbor Commission may grant an exception to the maximum vessel lengths set forth in Attachment A if: 1) the mooring is an end -tie, 2) the mooring is a safe distance from the channel, public beaches and other moorings, and 3) granting a mooring extension will not negatively impact navigation, public access, and neighboring moorings. 3-6 H-3 Amendments The City Council authorizes the Harbor Commission to periodically review the maximum LOA in City Mooring Fields and Maps Depicting the maximum LOA in City Mooring Fields set forth in Attachments A and B and propose revisions to this Council Policy H-3, as necessary. Attachment A - Maximum LOA in City Mooring Fields Attachment B - Maps Depicting Maximum LOA in City Mooring Fields 3-7 ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW A-01 MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS1 40 A-02 45 A-03 40 A-04 50 A-05 45 A-06 45 A-07 45 A-08 90 A-09 55 A-10 50 A-11 45 A-12 50 A-13 50 A-14 45 A-15 40 A-16 65 A-17 55 A-18 45 A-19 50 A-20 45 A-21 50 A-22 50 A-23 50 A-24 45 A-25 50 A-26 50 A-27 50 A-28 40 1Exceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. M ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS) B-01 45 B-02 40 B-03 45 B-04 45 B-05 40 B-06 50 B-07 45 B-08 40 B-09 50 B-10 40 B-11 55 B-12 45 B-13 40 B-14 40 B-15 40 B-16 40 B-17 40 B-18 40 B-19 45 )Exceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-9 �'4LI FORN/�` ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS C-01 75 C-02 55 C-03 50 C-04 40 C-05 45 C-06 45 C-07 50 C-08 45 C-09 40 1Exceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-10 ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS1 D-01 30 D-02 40 D-03 30 D-04 40 D-05 50 D-06 40 D-07 45 D-08 30 D-09 45 D-10 40 D-11 40 D-12 45 D-13 45 D-14 40 D-15 40 D-16 50 D-17 45 D-18 50 D-19 50 D-20 45 D-21 50 D-22 40 D-23 40 D-24 40 D-25 40 D-26 50 D-27 50 IExceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-11 `1 FO RM.0 ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW F-01 MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONSi 50 F-02 50 F-03 50 F-04 50 F-05 45 F-06 50 F-07 50 F-08 50 F-09 60 F-10 65 IExceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-12 61 _11-1 po r-tN • . ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS l MOORING FIELD/ROW H-01 MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS1 60 H-02 60 H-03 50 H-04 45 H-05 40 H-06 40 H-07 45 H-08 50 IExceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-13 ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS1 J-01 45 J-02 50 J-03 45 J-04 40 J-05 40 J-06 40 J-07 45 J-08 40 J-09 50 J-10 50 J-11 50 1Exceptions to maximum vessel length overall may be granted as provided in Council Policy H-3. 3-14 roti �PoR T r) C"CI Pp RTO ' ATTACHMENT A CITY OF NEWPORT BEACH MAXIMUM VESSEL LENGTH OVERALL IN CITY MOORING FIELDS MOORING FIELD/ROW MAXIMUM VESSEL LENGTH OVERALL BASED UPON SITE CONDITIONS 3. 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