HomeMy WebLinkAboutSS3 - Harbor and Bay Elemento� m
Fes- /7
U 2'
• ��IFOM1�,' �1
Pi
•
6il". ) DEMO 9
SUMMARY:
ACTION:
Background
C1TY OF NEWPORT BEACH
PLANNING DEPARTMENT
3500 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-5200: FAX (949) 644'3250
Hearin¢ Date:
Agenda Item No.:
Staff Person:
STUDY SESSION
REPORT TO THE MAYOR AND CITY COUNCIL
Proposed Harbor and Bay Element
February 27, 2001
SS3
Patrick J. Alford
(949) 644 -3235
Discussion on the addition of a proposed Harbor and Bay Element to the
General Plan.
Provide direction to staff to either proceed with public hearings on the
proposed Element or incorporate into the General Plan Update process.
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
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 s
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 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 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 is
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
6L(4-d /Uu2�
Attachment: Proposed Harbor and Bay Element (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
"" #.117Iills] t relo
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 is
1 11/15/00
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.
•
Low
•
11/15/00
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
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. is
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, is
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.
L
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 11115/00
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.
E
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
is 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 11/15/00
other factors to minimize impacts on residential areas and
other users. is
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. is
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
is
7 11/15/00
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 -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
redeveloped uses /projects which best typify the nautical character
and charm of the Harbor and serve the users of the Harbor. is
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. is
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
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 - bulkbead 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 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 Stratepies
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
• 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
enhancement of these uses and their necessary land and water
equipment and facilities.
12 11115100
2. Provide
development incentives (water
access, fee
waivers,
•
parking
waivers, density bonuses etc.)
and public
agency
12 11115100
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.
is
13 11/15/00
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
is 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 11/15/00
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- 4.1.1: 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 Strategy
1. Identify areas and buildings representative of the history of
Newport Harbor, and encourage their preservation and reuse,
when feasible. •
15 11/15/00
• 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 1113-5: 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
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 is
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 11115100
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 11115100
•
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.
u
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 11/15/00
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;
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 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.
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
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/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 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.
is
is
23 11/15/00