HomeMy WebLinkAbout03 - Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the NBMC and Repealing H-1Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 14, 2023
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, Administrative Manager, cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward
Location of Piers and Floats) and 17.35.060 (Balboa Island —
Noncommercial Piers) of the Newport Beach Municipal Code and
Repealing City Council Policy H-1
ABSTRACT:
City Council Policy H-1 (Harbor Permit Policy) describes the distance that piers and floats
may extend bayward throughout the harbor. At its September 13, 2023 meeting, the
Harbor Commission recommended an amendment to the Newport Beach Municipal Code
to provide clear guidance throughout the harbor on the distance that piers and floats may
extend bayward versus the broad, harbor -wide approach in use today. Rather than
maintaining a standalone City Council policy document for this function, the Harbor
Commission also recommends incorporating the entirety of H-1 into the Code alongside
the other dock permitting and structural regulations in Title 17.
Nx0101LhI TT I=10117_111[a] ki6*5
a) Find the introduction and adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Additionally, find the introduction and adoption of
this ordinance is exempt from CEQA environmental review pursuant to Sections
15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA
Guidelines. The ordinance will not change existing law but instead formally
incorporates existing regulations and guidelines into the Municipal Code. Further, new
regulations added by the ordinance pertain to existing dock facilities and structures
with negligible or no expansion of use or the replacement or reconstruction of existing
structures and facilities with substantially the same purpose and capacity as the
replaced structures; and
3-1
Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and
Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC
and Repealing City Council Policy H-1
November 14, 2023
Page 2
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2023-16, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and
17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal
Code and Repealing City Council Policy H-1, and pass to a second reading on
November 28, 2023.
DISCUSSION:
The Newport Beach Municipal Code (NBMC) Section 17.35.030(A) provides that piers
and floats may not extend beyond the pierhead line unless approved in compliance with
City Council policy as may be amended from time to time. Based on recent Harbor
Commission experience of applying H-1 to dock reconfiguration projects, the
Commissioners felt it was appropriate to review H-1 with the goal of simplifying the
application review process yet still being mindful of field conditions and operational
characteristics of the harbor and navigation channels.
Historically, harbor piers were originally administered via the 1941 City document
"Regulations for Execution of Work or Erection of Structures Channelward of the
U.S. Bulkhead Line in Newport Bay." Then in 1962, the Harbor Permit Policies (later
known as H-1) were created by using some of the original 1941 language which continued
to remain in the document for decades to follow.
H-1 evolved over the years from a document that governed most of the harbor regulations
to today's simplified version which focuses solely on the distance that floats may extend
bayward. To date, there have been 69 revisions to H-1 in its 61-year history — a testament
to the evolving needs of the harbor.
In recent years, the Harbor Commission has reviewed multiple dock applications with
strict adherence to H-1. However, the Commission has expressed a desire to simplify the
process for the applicant, the Commission, and staff by providing flexibility within H-1
while also balancing the harbor's functional and aesthetic characteristics and needs.
H-1 Transfer To NBMC
As previously noted, H-1 was once a comprehensive document which included, among
other things, an area -by -area (delineated by U.S. Bulkhead Station numbers) set of rules
noting the allowable distance floats may extend bayward. Equally important, it also
addressed those unusual areas of the harbor where pierhead lines do not exist.
The current H-1 in effect today uses a simpler, broad -based approach without
accommodation to areas which may warrant special consideration. Conflicts arose during
the dock approval process when the permittees who, for decades, had previously relied
on the old rules to extend bayward, or who had previously purchased their vessels and
properties with the good faith knowledge of the harbor's long-standing policies.
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Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and
Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC
and Repealing City Council Policy H-1
November 14, 2023
Page 3
As a result, and after having reviewed numerous dock applications over recent years, the
Harbor Commission proposed to update H-1 to provide clear guidance for customers and
to also reduce the number of Harbor Commission public hearings.
In April 2023, the Harbor Commission approved a then -final version of H-1 which reverted
the policy back to the area -by -area delineations that were previously seen in earlier H-1
versions. Few substantive changes were approved aside from the complete
reorganization of the document which increased clarity for staff and the Harbor
Commission approval process.
After the Harbor Commission's April approval and upon further consideration, staff
determined that the contents of H-1 would be optimally positioned within the NBMC
alongside the other dock permitting and structural regulations. In other words, transferring
the entirety of H-1 into the NBMC reduces the potential conflict between City Council
Policy and NBMC while simplifying the process for the public. As a result, the entirety of
H-1 will be repealed until such time as the policy name "H-1" is reassigned for a different
harbor -related purpose later.
The newly proposed NBMC amendment eliminates potential guesswork by addressing
the harbor in an area -by -area manner to provide clarity as to what is allowed and when
Harbor Commission approval is required. In general, the rules are substantially the same
as they were for decades, but they also incorporate improvements to reflect current
conditions throughout the harbor.
The proposed NBMC amendment categorizes specific areas of the harbor depending on
the level of approval required for the distance docks can extend bayward. The categories
of approval are described below:
Section A: Staff may approve projects in these areas using specific criteria. If the
applicant requests a deviation from the stated criteria in these areas, the
Harbor Commission may approve those projects upon making certain
findings.
Section B: Staff may approve projects in these areas if the pier or float will not extend
beyond the existing permitted length, is substantially similar in size and
configuration as the existing structure and will not impede ingress or
egress to adjacent piers and floats. Otherwise, Harbor Commission may
approve those projects upon making certain findings.
Section C: Staff may approve projects in specific, unique areas of Balboa Island if the
pier or float will not extend beyond the existing permitted length.
Otherwise, Harbor Commission may approve those projects upon making
certain findings.
3-3
Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and
Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC
and Repealing City Council Policy H-1
November 14, 2023
Page 4
Section D: Harbor Commission may approve projects in these areas upon making
certain findings.
Section E: Piers and floats are prohibited in these areas.
To assist the public, Harbor Commission, and plan -check staff, a graphical representation
of the areas described above will be integrated into the City's GIS website for public
viewing.
The Harbor Commission supports the recommended NBMC amendment because it
provides clarity for the public and provides a defined procedural path via the Harbor
Commission when applicants request a deviation from the rules. Therefore, the Harbor
Commission recommends the City Council review and approve the proposed NBMC
amendments.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change
to the environment, directly or indirectly. Additionally, find the introduction and adoption
of this ordinance is exempt from CEQA environmental review pursuant to Sections 15301
(Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines.
The ordinance will not change existing law but instead formally incorporates existing
regulations and guidelines into the Municipal Code. Further, new regulations added by
the ordinance pertain to existing dock facilities and structures with negligible or no
expansion of use or the replacement or reconstruction of existing structures and facilities
with substantially the same purpose and capacity as the replaced structures.
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). The dock construction and
dock permitting industries were also notified.
ATTACHMENTS:
Attachment A — City Council Policy H-1 (redline and repealed)
Attachment B — Newport Beach Municipal Code (redline strikeout)
Attachment C — Ordinance No. 2023-16
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ATTACHMENT A
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ATTACHMENT B
STRIKEOUT
SECTIONS 17.35.030 AND 17.35.060(B)(2)
17.35.030 Bayward Location of Piers and Floats.
A. Piers and floats may not extend
beyond the nierhri oalino unless approved in
nGe w
GeMpliaith GeunGil peliGy as may be amended from time try time Piers and
floats located in the areas of Newport Harbor that are set forth in this subsection
shall not extend bayward beyond the limits set forth herein without the approval of
the Harbor Commission pursuant to subsection (G)(1 ):
1. From United States (U.S.) Bulkhead Station No. 107 to No. 109: Piers and
floats shall not extend beyond the U.S. Pierhead Line.
2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the
easterly line of "H" Street: Piers and floats shall not extend more than 16 feet
bayward of the U.S. Pierhead Line.
3. From U.S. Bulkhead Station No. 110 to No. 112: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
4. From the northerly prolongation of the westerly line of Cypress Street to U.S.
Bulkhead Station No. 113: Piers and floats shall not extend beyond the U.S.
Pierhead Line.
5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No.
162: Piers and floats shall not extend bevond the U.S. Pierhead Line.
6. From U.S. Bulkhead Station No. 115 to No. 119: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
7. From U.S. Bulkhead Station No. 120 to No. 221: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
8. From U.S. Bulkhead Station No. 122 to No. 123: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: Piers and floats shall
not extend more than 20 feet bavward of the U.S. Pierhead Line.
10. West Newport Channels:
a. Rialto and Rivo Alto: Piers and floats shall not extend more than 30 feet
bayward from the bulkhead line. Float lengths may be increased parallel to
the bulkhead line by a maximum of one foot for each additional two feet of
bulkhead line along the property in excess of 30 feet.
1
m
Example 1. If the bulkhead line along a property is 30 feet, then the maximum
length for the float parallel to the bulkhead line is 20 feet (with five-foot
setbacks).
Example 2. If the bulkhead line along a property is 34 feet, then the maximum
length for the float parallel to the bulkhead line is 22 feet (with five-foot
setbacks) (20' + 2' = 221
b. Channel northerly of Newport Island and westerly of Newport Boulevard,
along the South Line of the 125' Channel Reservation (as shown on Tract
No. 1011 map) ("South Line"): Piers and floats shall not extend more than
30 feet bayward from the South Line. Floats may be extended parallel to
the South Line by a maximum of one foot for each additional two feet of
the South Line alona the pror)erty in excess of 30 feet.
c. Balboa Coves and Newport Marina Villas, along the North Line of the 125'
Channel Reservation (as shown on Tract No. 1011 mar)) ("North Line"):
i. Community/association piers and commercial marinas shall not
extend more than 30 feet bayward from the North Line.
ii. Residential, non-community/association piers and floats parallel to
the North Line shall not extend more than 30 feet bayward from the
North Line. For piers and floats longer than 20 feet parallel to the
North Line, the 30-foot bayward limit shall be reduced by one foot for
every two feet the Dier and float exceeds the lenath of 20 feet.
Example. A 26-foot-long float parallel to the North Line may extend
bayward a maximum of 27 feet (30'— 3' = 27') from the North Line.
11. Lido Isle:
a. From U.S. Pierhead Station No. 574 northerly to U.S. Bulkhead Station No.
171: Piers and floats shall not extend beyond the U.S. Pierhead Line.
b. From U.S. Bulkhead Station No. 172 to No. 173: Piers and floats shall not
extend more than 20 feet bavward of the U.S. Pierhead Line.
c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge: Piers and floats
shall not extend more than 30 feet bayward of the U.S. Pierhead Line.
12. From U.S. Bulkhead Station No. 128A to No. 130: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
13. From U.S. Bulkhead Station No. 130 to No. 131: Piers and floats shall not
extend more than 20 feet bavward of the U.S. Pierhead Line.
14. Dover Shores: Piers and floats shall not extend beyond the pierhead line as
shown on the Pier Permit Area Map, City Plan #H-5014-S.
FA
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15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead
Station No. 535B: Piers and floats shall not extend beyond the pierhead line as
shown on the Pier Permit Area Maa for Tract No. 4003. Citv Plan #H-5029-S.
16. Linda Isle: Piers and floats shall not extend bevond the U.S. Pierhead Line nor
the pier permit line as shown on the Pier Permit Area Map for Tract No. 4003,
Citv Plan #H-5029-S.
17. From U.S. Bulkhead Station No. 141 southerly to No. 140: Piers and floats shall
not extend beyond the U.S. Pierhead Line.
18. From U.S. Bulkhead Station No. 160 to No. 250: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
19. Balboa Island:
a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: Piers and
floats shall not extend more than 16 feet bayward of the U.S. Pierhead
Line.
b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: Piers and
floats shall not extend more than 10 feet bavward of the U.S. Pierhead
Line.
c. South Bay Front, from U.S. Bulkhead Station No. 259 to the westerly
prolongation of the northerly line of Lot 5: Piers and floats shall not extend
beyond the U.S. Pierhead Line.
d. North Bav Front. from U.S. Bulkhead Station No. 151 easterly to the
northerly prolongation of the easterly line of Garnet Avenue: Piers and
floats shall not extend more than 10 feet bayward of the U.S. Pierhead
Line.
e. North Bay Front, easterly from the northerly prolongation of the easterly
line of Coral Avenue to U.S. Bulkhead Station No. 152: Piers and floats
shall not extend more than 10 feet bayward of the U.S. Pierhead Line.
East Bay Front, from U.S. Bulkhead Station No. 152 southerly to the
easterly prolongation of the northerly line of Park Avenue: Piers and floats
shall not extend more than 10 feet bavward of the U.S. Pierhead Line.
g. East Bay Front, southerly from the easterly prolongation of the northerly
line of Park Avenue to U.S. Bulkhead Station No. 255: Piers and floats shall
not extend more than 16 feet bayward of the U.S. Pierhead Line.
20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon B
subdivision: Piers and floats shall not extend more than 16 feet bayward of the
U.S. Pierhead Line.
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21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge:
Piers and floats shall not extend more than 20 feet bayward of the U.S.
Pierhead Line.
22. Promontory Bay: Piers and floats shall not extend beyond the Pierhead Line.
23. From U.S. Bulkhead Station No. 101 to No. 104: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
B. The bayward extension of piers and floats located in the areas of Newport Harbor
set forth in this subsection shall require Harbor Commission approval in accordance
with subsection (G)(2) unless the Public Works Director, Community Development
Director or Harbormaster, as applicable, determines that the proposed pier or float
will not extend beyond the existing permitted length, is substantially similar in size
and configuration to the existing structure and would not, in comparison with the
existing structure, further impede ingress and egress to adjacent piers and floats:
1. Harbor Island: From U.S. Bulkhead Station No. 140 easterly to Harbor Island
Bridge.
2. Collins Isle:
a. From U.S. Bulkhead Station No. 160 easterly to Collins Isle Bridge.
b. From Collins Isle Bridge northerly to U.S. Bulkhead Station No. 250.
3. Yachtsmen's Cove: Submerged portions of Parcel 1 and Parcel 2 of Parcel
Map No. 93-115 between 1601-1701 Bayside Drive.
4. Corona Del Mar: From U.S. Bulkhead Station No. 104 to No. 106.
5. Upper Bay: From Coast Highway Bridge northerly on the eastern shoreline to
Back Bay Science Center.
C. The bayward extension of existing piers and floats located in the areas of Balboa
Island set forth in this subsection shall require Harbor Commission approval in
accordance with subsection (G)(3) unless the Public Works Director, Community
Development Director or Harbormaster, as applicable, determines that the proposed
pier or float will not extend beyond the existing permitted length:
1. Balboa Island:
a. South Bay Front, from the westerly prolongation of the northerly line of Lot
5 to Collins Isle Bridge.
b. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead
Station No. 151.
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c. North Bay Front, easterly from the northerly prolongation of the easterly
line of Garnet Avenue to the northerly prolongation of the easterly line of
Coral Avenue.
D. The bayward extension of piers and floats located in the areas of Newport Harbor
set forth in this subsection shall be subject to Harbor Commission approval in
accordance with subsection (G)(2).
From northerly orolonaation of the easterly line of "H" Street westerly to U.S.
Bulkhead Station No. 110.
2. From U.S. Bulkhead Station No. 112 westerly to the northerly prolongation of
the westerly line of Cypress Street (Between "A" Street and Cypress Street).
3. From U.S. Bulkhead Station No. 113 to No. 115.
4. Bay Island, between U.S. Bulkhead Station No. 162 and No. 163.
5. From U.S. Bulkhead Station No. 119 to No. 120.
6. The Rhine, extending northerly from U.S. Bulkhead Station No. 221 into the
Rhine to No. 122.
7. From U.S. Bulkhead Station No. 123 to Lido Isle Bridge (Lido Peninsula along
Anchorage Way and Lido Park Drive).
8. Lido Isle:
a. From U.S. Bulkhead Station No. 171 to No. 172.
b. From Lido Isle Bridge to U.S. Pierhead Station No. 574.
9. From U.S. Bulkhead Station No. 125 to No. 126.
10. From U.S. Bulkhead Station No. 226 to No. 128A.
11. From Marine Avenue Bridge to U.S. Bulkhead Station No. 101.
E. Piers and floats are prohibited in the followina areas of Newport Harbor:
B-1 Piers and floats shall net he permitted in From U.S. Pierhead Station No. 563
to No. 564, on the north side of the channel south of Bay Island.
G-.2Piers and fleats shall net he permitted in From the beach area along the
northerly side of Lido Isle between the prolongation of the easterly line of Lot
84.9-848 across the public walkway and the westerly line of Lot 493, except for
the Lido Isle Community Association pier and float.
9-3 Piers and floats shall Rot e permitted in From the beach area along the
southerly side of Lido Isle between the easterly line of Lot 919 and the westerly
line of Lot 457, except for Lido Isle Community Association piers and floats.
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4. From Harbor Island Bridge to U.S. Bulkhead Station No. 137.
5. From Harbor Island Bridae to U.S. Bulkhead Station No. 141.
F. The Public Works Director, Community Development Director and/or Harbormaster,
as applicable, may approve improvements that do not require approval by the Harbor
Commission or may refer such decisions to the Harbor Commission for aaaroval
under subsection (G)(2).
G. After holding a public hearing in accordance with Section 17.05.140 and making the
applicable findings set forth below, the Harbor Commission may approve or
conditionally approve the following_
1. For piers and floats located in those areas of Newport Harbor set forth in
Subsection (A), bayward extensions beyond the limits set forth in that
subsection if the Harbor Commission makes the following specific findings in
lieu of the findings set forth in 17.05.140(D):
a. Special circumstances applicable to the subject property exist, such as
location, shape, size, surrounding topography or other physical features;
b. Because of those special circumstances, strict compliance with the
specified criteria would deny the property of privileges enjoyed by other
properties in the vicinity;
c. The bayward extension will not provide the subject property with special
privileges inconsistent with limitations on properties in the vicinity; and
d. There will be no negative impacts to adjacent property owners, harbor
views, navigation, and future dredging.
2. The bayward extension of piers and floats located in those areas of Newport
Harbor set forth in subsections (B) and (D), or in any other area of Newport
Harbor not specifically listed in this section, if the Harbor Commission makes
the general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finds that there will be no negative impacts to adjacent
property owners, harbor views, navigation, and future dredging.
3. The bayward extension of existing piers and floats located in those areas of
Balboa Island set forth in subsection (C), if the Harbor Commission makes the
general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finds that the proposed pier or float complies with section
17.35.060 and that there will be no negative impacts to adjacent property
owners, harbor views, navigation, and future dredging.
The Harbor Commission's decision shall be on a case -by -case basis and prior
approvals of deviations shall not have any precedential value. The property owner
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reauestina a deviation bears the res
the findings.
nsibilitv to establish evidence in suoaort of
17.35.060 Balboa Island —Noncommercial Piers.
A. No new noncommercial piers on Balboa Island shall be approved unless
determined by the Harbor Commission to be in the public interest, which finding
shall be a prerequisite to the issuance of a harbor development permit pursuant
to Chapter 17.50. New noncommercial piers, if approved, shall be constructed in
strict conformance with this section and Chapter 17.50 and the design criteria.
Piers presently permitted may be maintained and repaired upon securing a
permit in accordance with Chapter 17.50. Any revision of an existing pier or float
shall be in strict conformance with this section and shall not be approved if the
addition or revision would, in comparison to the existing structure, further restrict
or impair the public's use of the bay or beach in the vicinity of the pier or floats.
B. The alteration, reconstruction or replacement of any existing permitted
noncommercial pier on Balboa Island, or any portion thereof, shall be limited to
the following:
1. The overall square footage of the noncommercial pier, as proposed for
alteration, reconstruction or replacement shall be equal to or less than the
square footage of the permitted noncommercial pier;
2. The noncommercial pier, as proposed for alteration, reconstruction or
replacement shall not extend beyond the City permit line (the U.S. pierhead
line) or such other bayward extension of the permit area that is permitted by
this section „r CO RGO! nerG" section 17.35.030; and
3. The noncommercial pier, as proposed for alteration, reconstruction or
replacement shall be wholly within the original permitted area as specified in
the existing permit on file with the City.
C. Whenever any application for a harbor development permit to install a new
noncommercial pier on Balboa Island is submitted, a public hearing shall be held
by the Harbor Commission in accordance with the procedures set forth in Section
17.05.140.
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ATTACHMENT C
ORDINANCE NO. 2023-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS
17.35.030 (BAYWARD LOCATION OF PIERS AND
FLOATS) AND 17.35.060 (BALBOA ISLAND —
NONCOMMERCIAL PIERS) OF THE NEWPORT BEACH
MUNICIPAL CODE AND REPEALING CITY COUNCIL
POLICY H-1
WHEREAS, Section 17.35.030 (Bayward Location of Piers and Floats) of the
Newport Beach Municipal Code ("Code") prohibits piers and floats from extending beyond
the pierhead line unless approved in compliance with City Council Policy;
WHEREAS, City Council Policy H-1 ("H-1 ") regulates the extension of piers and
floats beyond the pierhead line in Newport Harbor;
WHEREAS, Section 17.35.060 (Balboa Island — Noncommercial Piers) of the
Code specifically regulates noncommercial piers on Balboa Island, including how far they
may extend into Newport Harbor;
WHEREAS, at the April 12, 2023 Harbor Commission meeting, the Harbor
Commission by a vote of 6-0 (with one Harbor Commissioner absent) recommended the
City Council approve amendments to H-1 to provide more specific guidance on the
bayward extension of piers and floats, such as by increasing City staffs authority to
approve projects and by allowing the Harbor Commission to consider the unusual
conditions and circumstances of properties in certain parts of Newport Harbor when
reviewing project applications, which amendments would ease the application burden for
applicants and ensure only those projects that cannot satisfy objective criteria require a
public hearing and Harbor Commission approval; and
WHEREAS, at the September 13, 2023 Harbor Commission meeting, the Harbor
Commission by a vote of 5-0 (with two Harbor Commissioners absent) approved the
recommendation to incorporate the entirety of H-1 into the Code as part of Title 17 (Harbor
Code), instead of maintaining a standalone City Council policy document, in the interest
of making the administration and application of the rules and regulations pertaining to
Newport Harbor less cumbersome.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
3-16
Ordinance No. 2023-
Page 2 of 9
Section 1: Section 17.35,030 of the Code is amended in its entirety and
replaced to read as follows:
17.35.030 Bayward Location of Piers and Floats.
A. Piers and floats located in the areas of Newport Harbor that are set forth in this
subsection shall not extend bayward beyond the limits set forth herein without the
approval of the Harbor Commission pursuant to subsection (G)(1):
1. From United States (U.S.) Bulkhead Station No. 107 to No. 109: Piers and
floats shall not extend beyond the U.S. Pierhead Line.
2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the
easterly line of "H" Street: Piers and floats shall not extend more than 16 feet
bayward of the U.S. Pierhead Line.
3. From U.S. Bulkhead Station No. 110 to No. 112: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
4. From the northerly prolongation of the westerly line of Cypress Street to U.S.
Bulkhead Station No. 113: Piers and floats shall not extend beyond the U.S.
Pierhead Line.
5.
From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station
No.
162: Piers and floats shall not extend beyond the U.S. Pierhead Line.
6.
From U.S. Bulkhead Station No. 115 to No. 119: Piers and floats shall
not
extend beyond the U.S. Pierhead Line.
7.
From U.S. Bulkhead Station No. 120 to No. 221: Piers and floats shall
not
extend more than 20 feet bayward of the U.S. Pierhead Line.
8.
From U.S. Bulkhead Station No. 122 to No. 123: Piers and floats shall
not
extend more than 20 feet bayward of the U.S. Pierhead Line.
9.
From Lido Isle Bridge to U.S. Bulkhead Station No. 125: Piers and floats shall
not extend more than 20 feet bayward of the U.S. Pierhead Line.
10.
West Newport Channels:
a. Rialto and Rivo Alto: Piers and floats shall not extend more than 30 feet
bayward from the bulkhead line. Float lengths may be increased parallel to
the bulkhead line by a maximum of one foot for each additional two feet of
bulkhead line along the property in excess of 30 feet.
Example 1. If the bulkhead line along a property is 30 feet, then the maximum
length for the float parallel to the bulkhead line is 20 feet (with five-foot
setbacks).
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Ordinance No. 2023-
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Example 2. If the bulkhead line along a property is 34 feet, then the maximum
length for the float parallel to the bulkhead line is 22 feet (with five-foot
setbacks) (20' + 2' = 22').
b. Channel northerly of Newport Island and westerly of Newport Boulevard,
along the South Line of the 125' Channel Reservation (as shown on Tract
No. 1011 map) ("South Line"): Piers and floats shall not extend more than
30 feet bayward from the South Line. Floats may be extended parallel to
the South Line by a maximum of one foot for each additional two feet of
the South Line along the property in excess of 30 feet.
c. Balboa Coves and Newport Marina Villas, along the North Line of the 125'
Channel Reservation (as shown on Tract No. 1011 map) ("North Line"):
i. Community/association piers and commercial marinas shall not
extend more than 30 feet bayward from the North Line.
ii. Residential, non-community/association piers and floats parallel to
the North Line shall not extend more than 30 feet bayward from the
North Line. For piers and floats longer than 20 feet parallel to the
North Line, the 30-foot bayward limit shall be reduced by one foot for
every two feet the pier and float exceeds the length of 20 feet.
Example. A 26-foot-long float parallel to the North Line may extend
bayward a maximum of 27 feet (30'— 3' = 27) from the North Line.
11. Lido Isle:
a. From U.S. Pierhead Station No. 574 northerly to U.S. Bulkhead Station No.
171: Piers and floats shall not extend beyond the U.S. Pierhead Line.
b. From U.S. Bulkhead Station No. 172 to No. 173: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge: Piers and floats
shall not extend more than 30 feet bayward of the U.S. Pierhead Line.
12. From U.S. Bulkhead Station No. 128A to No. 130: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
13. From U.S. Bulkhead Station No. 130 to No. 131: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
14. Dover Shores: Piers and floats shall not extend beyond the pierhead line as
shown on the Pier Permit Area Map, City Plan #H-5014-S.
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15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead
Station No. 535B: Piers and floats shall not extend beyond the pierhead line as
shown on the Pier Permit Area Map for Tract No. 4003, City Plan #H-5029-S.
16. Linda Isle: Piers and floats shall not extend beyond the U.S. Pierhead Line nor
the pier permit line as shown on the Pier Permit Area Map for Tract No. 4003,
City Plan #H-5029-S.
17. From U.S. Bulkhead Station No. 141 southerly to No. 140: Piers and floats shall
not extend beyond the U.S. Pierhead Line.
18. From U.S. Bulkhead Station No. 160 to No. 250: Piers and floats shall not
extend beyond the U.S. Pierhead Line.
19. Balboa Island:
a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: Piers and
floats shall not extend more than 16 feet bayward of the U.S. Pierhead
Line.
b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: Piers and
floats shall not extend more than 10 feet bayward of the U.S. Pierhead
Line.
c. South Bay Front, from U.S. Bulkhead Station No. 259 to the westerly
prolongation of the northerly line of Lot 5: Piers and floats shall not extend
beyond the U.S. Pierhead Line.
d. North Bay Front, from U.S. Bulkhead Station No. 151 easterly to the
northerly prolongation of the easterly line of Garnet Avenue: Piers and
floats shall not extend more than 10 feet bayward of the U.S. Pierhead
Line.
e. North Bay Front, easterly from the northerly prolongation of the easterly
line of Coral Avenue to U.S. Bulkhead Station No. 152: Piers and floats
shall not extend more than 10 feet bayward of the U.S. Pierhead Line.
f. East Bay Front, from U.S. Bulkhead Station No. 152 southerly to the
easterly prolongation of the northerly line of Park Avenue: Piers and floats
shall not extend more than 10 feet bayward of the U.S. Pierhead Line.
g. East Bay Front, southerly from the easterly prolongation of the northerly
line of Park Avenue to U.S. Bulkhead Station No. 255: Piers and floats shall
not extend more than 16 feet bayward of the U.S. Pierhead Line.
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Ordinance No. 2023-
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20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon Bay
subdivision: Piers and floats shall not extend more than 16 feet bayward of the
U.S. Pierhead Line.
21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge:
Piers and floats shall not extend more than 20 feet bayward of the U.S.
Pierhead Line.
22. Promontory Bay: Piers and floats shall not extend beyond the Pierhead Line.
23. From U.S. Bulkhead Station No. 101 to No. 104: Piers and floats shall not
extend more than 20 feet bayward of the U.S. Pierhead Line.
B. The bayward extension of piers and floats located in the areas of Newport Harbor
set forth in this subsection shall require Harbor Commission approval in accordance
with subsection (G)(2) unless the Public Works Director, Community Development
Director or Harbormaster, as applicable, determines that the proposed pier or float
will not extend beyond the existing permitted length, is substantially similar in size
and configuration to the existing structure and would not, in comparison with the
existing structure, further impede ingress and egress to adjacent piers and floats:
1. Harbor Island: From U.S. Bulkhead Station No. 140 easterly to Harbor Island
Bridge.
2. Collins Isle:
a. From U.S. Bulkhead Station No. 160 easterly to Collins Isle Bridge.
b. From Collins Isle Bridge northerly to U.S. Bulkhead Station No. 250.
3. Yachtsmen's Cove: Submerged portions of Parcel 1 and Parcel 2 of Parcel
Map No. 93-115 between 1601-1701 Bayside Drive.
4. Corona Del Mar: From U.S. Bulkhead Station No. 104 to No. 106.
5. Upper Bay: From Coast Highway Bridge northerly on the eastern shoreline to
Back Bay Science Center.
C. The bayward extension of existing piers and floats located in the areas of Balboa
Island set forth in this subsection shall require Harbor Commission approval in
accordance with subsection (G)(3) unless the Public Works Director, Community
Development Director or Harbormaster, as applicable, determines that the proposed
pier or float will not extend beyond the existing permitted length-
1 . Balboa Island:
a. South Bay Front, from the westerly prolongation of the northerly line of Lot
5 to Collins Isle Bridge.
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Ordinance No. 2023-
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b. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead
Station No. 151.
c. North Bay Front, easterly from the northerly prolongation of the easterly
line of Garnet Avenue to the northerly prolongation of the easterly line of
Coral Avenue.
D. The bayward extension of piers and floats located in the areas of Newport Harbor
set forth in this subsection shall be subject to Harbor Commission approval in
accordance with subsection (G)(2).
1. From northerly prolongation of the easterly line of "H" Street westerly to U.S.
Bulkhead Station No. 110.
2. From U.S. Bulkhead Station No. 112 westerly to the northerly prolongation of
the westerly line of Cypress Street (Between "A" Street and Cypress Street).
3. From U.S. Bulkhead Station No. 113 to No. 115.
4. Bay Island, between U.S. Bulkhead Station No. 162 and No. 163.
5. From U.S. Bulkhead Station No. 119 to No. 120.
6. The Rhine, extending northerly from U.S. Bulkhead Station No. 221 into the
Rhine to No. 122.
7. From U.S. Bulkhead Station No. 123 to Lido Isle Bridge (Lido Peninsula along
Anchorage Way and Lido Park Drive).
8. Lido Isle:
a. From U.S. Bulkhead Station No. 171 to No. 172.
b. From Lido Isle Bridge to U.S. Pierhead Station No. 574.
9. From U.S. Bulkhead Station No. 125 to No. 126.
10. From U.S. Bulkhead Station No. 226 to No. 128A.
11. From Marine Avenue Bridge to U.S. Bulkhead Station No. 101.
E. Piers and floats are prohibited in the following areas of Newport Harbor-
1. From U.S. Pierhead Station No. 563 to No. 564, on the north side of the channel
south of Bay Island.
2. From the beach area along the northerly side of Lido Isle between the
prolongation of the easterly line of Lot 848 across the public walkway and the
westerly line of Lot 493, except for the Lido Isle Community Association pier
and float.
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Ordinance No. 2023-
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3. From the beach area along the southerly side of Lido Isle between the easterly
line of Lot 919 and the westerly line of Lot 457, except for Lido Isle Community
Association piers and floats.
4. From Harbor Island Bridge to U.S. Bulkhead Station No. 137.
5. From Harbor Island Bridge to U.S. Bulkhead Station No. 141.
F. The Public Works Director, Community Development Director and/or Harbormaster,
as applicable, may approve improvements that do not require approval by the Harbor
Commission or may refer such decisions to the Harbor Commission for approval
under subsection (G)(2).
G. After holding a public hearing in accordance with Section 17.05.140 and making the
applicable findings set forth below, the Harbor Commission may approve or
conditionally approve the following:
1. For piers and floats located in those areas of Newport Harbor set forth in
Subsection (A), bayward extensions beyond the limits set forth in that
subsection if the Harbor Commission makes the following specific findings in
lieu of the findings set forth in 17.05.140(D):
a. Special circumstances applicable to the subject property exist, such as
location, shape, size, surrounding topography or other physical features;
b. Because of those special circumstances, strict compliance with the
specified criteria would deny the property of privileges enjoyed by other
properties in the vicinity;
c. The bayward extension will not provide the subject property with special
privileges inconsistent with limitations on properties in the vicinity; and
d. There will be no negative impacts to adjacent property owners, harbor
views, navigation, and future dredging.
2. The bayward extension of piers and floats located in those areas of Newport
Harbor set forth in subsections (B) and (D), or in any other area of Newport
Harbor not specifically listed in this section, if the Harbor Commission makes
the general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finds that there will be no negative impacts to adjacent
property owners, harbor views, navigation, and future dredging.
3. The bayward extension of existing piers and floats located in those areas of
Balboa Island set forth in subsection (C), if the Harbor Commission makes the
general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finds that the proposed pier or float complies with section
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Ordinance No. 2023-
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17.35.060 and that there will be no negative impacts to adjacent property
owners, harbor views, navigation, and future dredging.
The Harbor Commission's decision shall be on a case -by -case basis and prior
approvals of deviations shall not have any precedential value. The property owner
requesting a deviation bears the responsibility to establish evidence in support of
the findings.
Section 2: Section 17.35.060(B)(2) of the Code is amended to read as follows:
The noncommercial pier, as proposed for alteration, reconstruction or replacement
shall not extend beyond the City permit line (the U.S. pierhead line) or such other
bayward extension of the permit area that is permitted by section 17.35.030; and
Section 3: City Council Policy H-1 is hereby repealed.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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 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. The City Council also finds the introduction and
adoption of this ordinance is exempt from CEQA environmental review pursuant to
Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the
CEQA Guidelines. The ordinance will not change existing law but instead formally
incorporates existing regulations and guidelines into the Municipal Code. Further, new
regulations added by the ordinance pertain to existing dock facilities and structures with
negligible or no expansion of use or the replacement or reconstruction of existing
structures and facilities with substantially the same purpose and capacity as the replaced
structures.
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Ordinance No. 2023-
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Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the 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 effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 141h day of November, 2023, and adopted on the 28t" day
of November, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIC
74N_1 C_
A ON C. HARP, CITY ATTORNEY
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