HomeMy WebLinkAbout03 - Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring SystemQ �EwPpRT
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<,FORN'P City Council Staff Report
February 8, 2022
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Public Works Manager, cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Ordinance No. 2022-4: Amending the Newport Beach Municipal
Code for the Multiple Vessel Mooring System
ABSTRACT:
The Multiple Vessel Mooring System (MVMS) allows multiple vessels to be side -tied to a
floating platform which is secured to a single anchor mooring system in Newport Harbor.
The MVMS program has existed for many years, yet design plans and specifications had
never been developed until now. The Harbor Commission reviewed the proposed MVMS
system and recommended the City Council approve the amendment to the Newport
Beach Municipal Code (NBMC). The attached ordinance was introduced and considered
at the January 25, 2022, City Council meeting.
RECOMMENDATION:
a) Determine this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3 because it will result in negligible
or no expansion of existing use, and also determine this action is not subject to CEQA
pursuant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3 because this action has no
potential for resulting in physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2022-4, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Section 17.01.030 and
Section 17.60.040 of the Newport Beach Municipal Code to Delete Vessel Length
Requirements and Clarify Approval Responsibility for the Multiple Vessel Mooring
System and to Require Compliance with Applicable Plans and Specifications.
DISCUSSION:
The MVMS consists of a floating platform onto which multiple smaller boats berth (side -
tie), therefore, creating increased boat storage at a single-vessel mooring location. The
MVMS has existed for many years in Newport Harbor, yet plans and specifications for the
program had never been developed. There are approximately 12 MVMS within the
harbor's two single anchor mooring systems (Newport Harbor Yacht Club and Balboa
Yacht Club mooring fields). The program has been successful and has been managed
appropriately by the respective yacht clubs since its inception in 2006.
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Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the
Multiple Vessel Mooring System
February 8, 2022
Page 2
Without City of Newport Beach (City) approved plans and specifications, both the
applicants and City staff lacked clear direction during the application review process.
Therefore, in early 2021, the Harbor Commission directed its subcommittee to develop
plans and specifications that provide adequate guidance for those who apply for a MVMS.
Staff requested Noble Consultants, a marine -based engineering firm under contract with
the City, to assist with developing MVMS specifications. At its September 8, 2021
meeting, the Harbor Commission approved MVMS plans and specifications and
recommended they be forwarded to the City Council for review and approval. However,
the approved motion was later reconsidered for further thought on an overall reduced
footprint, and the Harbor Commission subsequently reviewed and approved a revised
MVMS program at its November 10, 2021 meeting.
The revisions to the Harbor Design Standards were introduced and approved by the City
Council on January 25, 2022, via Resolution No. 2022-9.
The revisions to NBMC Sections 17.01.030(J)(11) and 17.60.040(B)(1)(c) reflect
clarifying statements as well as a deletion of a vessel length requirement which the Harbor
Commission no longer feels is appropriate because a small vessel length may exceed
the length of the MVMS float.
FISCAL IMPACT:
There is no immediate fiscal impact related to this item. However, the City Council may
consider adjusting the annual offshore mooring permit fee for MVMS during the annual
fee update process later in the year. MVMS are currently charged the same fee per lineal
foot as all other moorings within City tidelands. The Harbor Commission recommends the
City Council increase the MVMS fee in the future to twice the standard mooring rate
because of the increased capacity of the MVMS verses a standard single-vessel mooring.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. CEQA
Guidelines Section 15301 (Class 1) applies to the "operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use." MVMS are currently allowed within the harbor via
the NBMC, and the creation of MVMS standards for construction and use supports the
existing program and will not result in an expansion of use. In addition, staff recommends
the City Council find this action is not subject to CEQA pursuant to Section 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 a physical change to the
environment, directly or indirectly.
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Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the
Multiple Vessel Mooring System
February 8, 2022
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). Additionally, the Harbor
Commission reviewed and approved the MVMS at their September 8, 2021 public
meeting, then again at their November 10, 2021 public meeting when the item was
reconsidered and subsequently approved.
ATTACHMENT:
Attachment A — Ordinance No. 2022-4
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ATTACHMENT A
ORDINANCE NO. 2022-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
17.01.030 AND SECTION 17.60.040 OF THE NEWPORT
BEACH MUNICIPAL CODE TO DELETE VESSEL LENGTH
REQUIREMENTS AND CLARIFY APPROVAL
RESPONSIBILITY FOR THE MULTIPLE VESSEL
MOORING SYSTEM AND TO REQUIRE COMPLIANCE
WITH APPLICABLE PLANS AND SPECIFICATIONS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed
by any law of the State of California;
WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended ("Beacon Bay
Bill"), the City of Newport Beach ("City") acts on behalf of the State of California as the
trustee of tidelands located within the City's limits, including Newport Harbor;
WHEREAS, the City adopted rules and regulations for Newport Harbor, which are
contained in Title 17 (Harbor Code) ("Title 17") of the Newport Beach Municipal Code
("Code" or "NBMC");
WHEREAS, a multiple vessel mooring system ("MVMS") consists of a floating
platform at a single-vessel mooring location to which multiple smaller boats berth (via
side -tie), thereby allowing for increased boat storage, and there are approximately twelve
MVMS within Newport Harbor's two single anchor mooring systems (Newport Harbor
Yacht Club and Balboa Yacht Club mooring fields);
WHEREAS, the amendments to the NBMC will clarify the MVMS requirements and
remove a vessel length requirement which the Harbor Commission has determined is no
longer applicable because a small vessel length may exceed the length of the MVMS
float;
WHEREAS, the City Council intends to concurrently adopt a resolution approving
a revision to the City of Newport Beach Waterfront Project Guidelines and Standards,
Harbor Design Criteria, Commercial and Residential Facilities ("Harbor Design
Standards") in order to adopt plans and specifications for MVMS; and
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Ordinance No. 2022-4
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WHEREAS, the City shall file a copy of this ordinance with the California
Department of Boating and Waterways prior to its adoption and at least thirty (30) days
prior to its effective date, as required by California Harbor and Navigations Code Section
660(a).
NOW THEREFORE, the City Council of the City of Newport Beach does ordain as
follows:
Section 1: The definition of Multiple Vessel Mooring System set forth in
Subsection (J)(11) of Section 17.01.030 (Definitions of Terms) of Chapter 17.01
(Definitions) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby
amended to read as follows:
J. Definitions: M.
11. Multiple Vessel Mooring System. The term "multiple vessel mooring system"
shall mean a floating platform secured to a single or double anchor mooring system
which allows multiple vessels to be secured.
Section 2: Subsection (B)(1)(c) of Section 17.60.040 (Mooring Permits) of
Chapter 17.60 (Harbor Permits and Leases) of Title 17 (Harbor Code) of the Newport
Beach Municipal Code is hereby amended to read as follows:
17.60.040(8)(1) Exceptions.
C. Multiple Vessel Mooring System Program. The Harbormaster may approve a
multiple vessel mooring system in the single anchor mooring areas of Newport
Harbor. An application and applicable fee, established by resolution of the City
Council, for a multiple vessel mooring system shall be submitted in writing to the
Harbormaster, who shall evaluate the application based upon standards
established and the application shall be approved if the Harbormaster makes the
findings under the applicable standards and those set forth in Section
17.05.140(D)(1).
Section 3: All currently approved MVMS within Newport Harbor shall be brought
into compliance with the City of Newport Beach Waterfront Project Guidelines and
Standards, Harbor Design Criteria, Commercial and Residential Facilities, as amended,
within ninety (90) days of the effective date of this ordinance.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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Ordinance No. 2022-4
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Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3 because the ordinance will result in negligible or no expansion
of existing use.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be in full force and
effect thirty (30) days after its adoption by a majority vote of the City Council.
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Ordinance No. 2022-4
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 25th day of January, 2022, and adopted on the 8th day of
February, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
at'-- C - 4'.'
AAF�ON C. HARP, CIVY ATTORNEY
KEVIN MULDOON, MAYOR
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