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CITY OF
NEWPORT BEACH
City Council Staff Report
April 8, 2014
Agenda Item No. 3.
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov
Michael Torres, Assistant City Attorney
949 - 644 -3131
Adoption of Ordinance No. 2014 -8 Amending Newport Beach Municipal Code
Subsection 17.60.030(A) Relating to Residential Pier Permits
On March 25, 2014, the City Council conducted first reading of Ordinance No. 2014 -8 relating to
Residential Pier Permits. The City Council passed Ordinance No. 2014 -8 to second reading at
the April 8, 2014 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2014 -8, An Ordinance of the City Council of
the City of Newport Beach Amending Newport Beach Municipal Code ( "NBMC') Subsection
17.60.030(A) Relating to Residential Pier Permits.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Ordinance No. 2014 -8 codifies the City of Newport Beach's long standing practice and policy of
issuing residential pier permits to the abutting uplands property owner, while staying within the
existing 10 year permit period of NBMC Subsection 17.60.060(A)(2) and the overall 50 year
limitation of the Beacon Bay Bill. Ordinance No. 2014 -8 also assists in settling the litigation
known as Newport Beach Dock Owners Association, et al. v. Newport Beach City Council, et al.
(Orange County Superior Court Case No. 30 -2013- 00630419- CU- WM- CJC)).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the adoption of this ordinance is not subject to the
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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. Alternatively, the City
Council finds the adoption of this ordinance is not a project under CEQA Regulation Section
15061(b)(3) because it has no potential for causing a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Ordinance 2014 -8
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ATTACHMENT A
ORDINANCE NO. 2014 - 8
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH,
CALIFORNIA AMENDING NEWPORT
BEACH MUNICIPAL CODE SUBSECTION
17.60.030(A) RELATING TO RESIDENTIAL
PIER PERMITS
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 Beacon Bay Bill and Title 17 of the Newport Beach Municipal
Code ( "NBMC ") allow the City to authorize third parties to construct and maintain
residential piers upon tidelands;
WHEREAS, on February 14, 2013, the Newport Beach Dock Owners Association
and Robert McCaffrey (collectively, "Association ") filed a complaint against the City
alleging a violation of the Ralph M. Brown Act relating to the City's adoption of a
resolution establishing fair market value rent for residential piers and a model residential
pier permit;
WHEREAS, the City disagrees with the Association's allegations and asserts that
it has fully complied with all requirements of the Ralph M. Brown Act;
WHEREAS, the parties have proposed a draft Settlement Agreement and
Release to resolve all disputes and differences between them as to the claims set forth
in Newport Beach Dock Owners Association, et al. v. Newport Beach City Council, et al.
(Orange County Superior Court Case No. 30- 2013 - 00630419- CU- WM -CJC); and
WHEREAS, the draft Settlement Agreement and Release contemplates a
potential revision to NBMC Subsection 17.60.030(A) relating to the issuance and
renewal of residential pier permits.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: NBMC Subsection 17.60.030(A) is hereby amended to read as
follows:
A. Pier Permits. Upon the request of the abutting upland
residential property owner, lessee or agent of the owner, and
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in accordance with all applicable laws, a residential pier
permit shall be issued for up to ten (10) years. The City shall
extend the term of any residential pier permit for up to ten
(10) years upon: (i) permit expiration and the request of the
owner, lessee or agent of the owner; or (ii) upon sale of the
abutting upland property and the request of the new owner,
lessee or agent of the owner. The maximum term of any
permit issued hereunder, with extensions, shall be fifty (50)
years. After fifty (50) years, the abutting upland residential
property owner, lessee or agent of the owner shall be
required to apply for a new residential pier permit.
Section 2: 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, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Alternatively, the City Council finds the approval of
this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it
has no potential for causing a significant effect on the environment.
Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 25th day of March, 2014, and adopted on the 8th day of
April, 2014, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
E
9.1
ABSENT COUNCILMEMBERS
RUSH N. HILL. II. MAYOR
APPROVED AS TO FORM:
THE CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
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