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HomeMy WebLinkAbout24 - Council Policy Manual Update - H-1 (Harbor Permit Policy)CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: June 25, 2019 Agenda Item No. 24 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave Webb, Public Works Director - 949-644-3330 dawebb@newportbeachca.gov Chris Miller, Public Works Administrative Manager, cmiller@newportbeachca.gov 949-644-3043 Resolution No. 2019-64: Council Policy Manual Update - H-1 (Harbor Permit Policy) At the June 11, 2019 meeting, the City Council voted to review City Council Policy H-1 ("Policy H-1") at the next meeting. The attached revision to Policy H-1 provides clarity to the existing policy so that current and future applications could be reviewed efficiently. The City Council also requests the Harbor Commission to review this updated Policy H-1 and to provide any recommended revisions back to the City Council. RECOMMENDATION: a) Find that the action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3 because it will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2019-64, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy H-1; and c) Direct the Harbor Commission to review the revised Council Policy H-1 and to make recommendations to the City Council regarding any proposed revisions thereto. FUNDING REQUIREMENTS: Beyond the related staff time needed to administer and process this item, there is no anticipated fiscal impact related to this item. DISCUSSION: Policy H-1 is a document that provides guidance as to how far floats may be constructed channelward throughout the harbor. The original text of the policy dates back to a 1941 City Council regulation, later revised as a Council Policy document in 1962, and then subsequently revised as Council Policy H-1 a few years later. Back then, Policy H-1 provided guidance for all harbor related work, rules and regulations including the distance floats could extend channelward in each unique area of the harbor. Over time, Policy H-1 continued to evolve and was refined over 30 times to its present format. 24-1 Resolution No. 2019-64: City Council Policy Manual Update — H-1 (Harbor Permit Policy) June 25, 2019 Page 2 In May 2018, Policy H-1 was simplified to provide overall harbor guidance for the Harbor Commission and ultimately City Council when considering the distance floats can extend channelward. Simply, the existing version of Policy H-1 states: The Harbor Commission may permit a pier or float to extend beyond the pierhead line if the Harbor Commission makes a determination that such an extension will not negatively impact: (1) navigation; (2) adjacent property owners; and (3) existing harbor uses. For historical reference, Policies H-1 from January 2008 and May 2018 are attached (Attachments A and B). In light of recent City Council discussions concerning the distance that floats may extend throughout the harbor, the City Council requested that Policy H-1 be discussed at this evening's meeting. Therefore, a revised, proposed Policy H-1 (Attachments C (redline) and D (clean)) may be considered by the Council with the intent that this revision will provide greater clarity for any pending or future applications under consideration. Specifically, the proposed Policy H-1 is more specific as to the process for approving future applications, the role of the Harbor Commission and City Council, and the specific criteria used for decision making purposes. In addition to reviewing the proposed Policy H-1 this evening, the City Council is requesting the Harbor Commission to review Policy H-1 and to recommend any revisions, as needed, to the City Council as soon as possible. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant 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. 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: Attachment A — City Council Policy H-1 (January 2008) Attachment B — City Council Policy H-1 (May 2018) Attachment C — City Council Policy H-1 — Proposed (Redline) Attachment D — City Council Policy H-1 — Proposed (Clean) Attachment E — Resolution No. 2019-64 24-2 ATTACHMENT A 1=1 HARBOR PERMIT POLICY The following section offers exceptions to the distance that piers can extend in certain parts of the harbor. *BAYWARD LOCATION OF PIERS AND FLOATS A. U.S. Bulkhead Sta. No. 107 to No. 109. Piers will be permitted to extend out to the U.S. Pierhead Line. B. U.S. Bulkhead Sta. No. 109 to No. 110. Piers may be permitted to extend 16 feet channelward of the U.S. Pierhead Line. C. U.S. Bulkhead Sta. No. 110 to 112. Piers will be permitted to extend out to the U.S. Pierhead Line. D. U.S. Bulkhead Sta. No. 112 to No. 113. Piers will be permitted to extend out to the U.S. Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special permits approved by Harbor Commission. E. U.S. Bulkhead Sta. No. 113 to 114. Piers shall be subject to a special permit approved by the Harbor Resources Division. F. U.S. Bulkhead Sta. No. 114 to No. 119. Piers will be permitted to extend to the U.S. Pierhead Line. G. U.S. Bulkhead Sta. No. 119 to No. 120. Piers may be permitted to extend 20 feet beyond the U.S. Pierhead Line. H. U.S. Bulkhead Sta. No. 120 to No. 221. Piers may be permitted to extend 20 feet beyond the U.S. Pierhead Line. I. The Rhine. Special permits approved by the Harbor Resources Division shall be required for construction of piers in the Rhine, extending northerly from U.S. Bulkhead Sta. No. 120. *Based on Harbor Regulations adopted by the City Council on December 15,1941. 1 24-3 H-1 J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be permitted to extend 20 feet channelward of the U.S. Pierhead Line. K. West Newport Channels. Piers may be permitted in the Rivo Alto, the Rialto, and the channel lying westerly of Newport Boulevard. Piers, slips, and floats will be permitted to extend channelward a distance of 30 feet maximum from the channel lines in the Rivo Alto, the Rialto, and the channel lying westerly of Newport Boulevard. Property extending to the ordinary high tide line, with a frontage exceeding thirty (30) feet will be allowed 1 -foot increase in float width parallel to the Pierhead Line, for each additional 2 feet frontage. The piers, slips and floats in Balboa Coves shall not extend into the channel a distance greater than 30 feet from north line of channel shown on Tract 1011. Floats. Up to 20 feet in length may extend into the bay the 30 feet from the said line of waterway; however, for floats over 20 feet in length, the 30 feet distance shall be reduced 1 -foot for each 2 feet added to the length of the float. The maximum permissible length of float shall be 30 feet. (Second paragraph of Sec. 23 (k) added by Resolution No. 6139.) L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to extend to the U.S. Pierhead line. M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be permitted to extend to the bulkhead line. N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to extend to the U.S. Pierhead line. O. U.S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to extend 20 feet channelward of the U.S. Pierhead Line. P. Upper BaX. Piers or boat slips may be permitted to extend to the pierhead lines as shown on Harbor Lines Map approved by City Council and on file in the Public Works Department. Q. U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be permitted to extend to the U.S. Pierhead Line. 2 24-4 H-1 R. U.S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Subdivision. Piers shall be granted under special permits approved by the Harbor Resources Division to extend 16 feet beyond the U.S. Pierhead Line. S. East Property Line of Beacon Bay Subdivision to U.S. Bulkhead Sta. No. 104. Piers may be permitted to extend 20 feet channelward of the U.S. Pierhead Line. T. U.S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special permits approved by the Harbor Commission. U. Bay Island. Piers will be permitted to extend to the U.S. Pierhead Line on the west, northerly and easterly sides of the Island. Piers will not be permitted on the north side of the channel south of Bay Island. V. Balboa Island. All new piers and revision to existing permits shall be subject to special permits approved by the Harbor Commission. Revisions to existing piers will be permitted providing they do not lessen the use of either the immediate water or land areas. 1. South Bay Front East of U.S. Bulkhead Sta. No. 256. Piers may be permitted to extend 16 feet channelward of the U.S. Pierhead Line. Dredging around floats shall not exceed a depth of minus 4 feet at mean lower low water along a line 85 feet channelward of and parallel to the bulkhead line. 2. South Bay Front between U.S. Bulkhead Sta. No. 256 and No. 259. Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead Line. Dredging around floats shall not exceed a depth of minus 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead line. 3. South Bay Front from Emerald Avenue Northwesterly to the Westerly Prolongation of the Northerly Line of Lot 5, Block 1, Resubdivision of Section 1, and Balboa Island. Piers will be permitted to extend to City pierhead line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 45 feet channelward of and parallel to the existing concrete bulkhead. 4. North Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead Line, except where a pier line has been established by 3 24-5 H-1 the City. Dredging around floats shall not exceed a depth of minus 2 feet at mean lower low water along a line 60 feet channelward of the parallel to the U.S. Bulkhead Line or the existing concrete bulkhead. 5. East Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S. Pierhead Line northerly of the northerly line of Park Avenue and 16 feet channelward of the U.S. Pierhead Line southerly of the northerly line of Park Avenue. Dredging around floats shall not exceed a depth of minus 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead line. W. Collins Isle. Piers will be permitted to extend to the U.S. Pierhead Line on the southwest and west side of Collins Isle. No piers will be permitted on the north or east side of Collins Isle. X. Harbor Island. Piers will be permitted to extend to the U.S. Pierhead Line. Special permits approved by the Harbor Commission will be required for piers northeasterly of Lots 14,15,16 and 36. Y. Lido Isle. Piers may be permitted to extend out to the U.S. Pierhead Line, except on the westerly side between U.S. Bulkhead Sta. No. 172 and No. 174. Piers may be permitted to extend 20 feet beyond the U.S. Pierhead Line between U.S. Bulkhead Sta. No. 172 and 174. 1. Piers and floats will not be permitted in the beach area along the northerly side of Lido Isle between the easterly line of Lot 849 and the westerly line of Lot 493. 2. Piers and floats will not be permitted in the beach area along the southerly side of Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457. Z. Linda Isle. Piers or boat slips will be permitted to extend to the pierhead lines as shown on Harbor Lines Map approved by City Council and on file in the Public Works Department. El 24-6 Reaffirmed - January 24, 1994 Amended - June 27,1994 Amended - June 26,1995 Amended - March 25,1996 Amended - June 8, 1998 (effective July 22, 1998) Amended - December 14,1998 Amended - May 8, 2001 Amended - September 10, 2002 Amended - October 28, 2003 Amended - April 13, 2004 Amended - January 8, 2008 (eff. January 22, 2008) H-1 5 24-7 ATTACHMENT B HARBOR PERMIT POLICY Background H-1 Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may not extend beyond the pierhead line unless approved by Council policy. Policy The Harbor Commission may permit a pier or float to extend beyond the pierhead line if the Harbor Commission makes a determination that such extension will not negatively impact: (1) navigation; (2) adjacent property owners; and (3) existing harbor uses. Any permit issued by the City of Newport Beach before July 12, 2018, which allows a pier or float to extend beyond the pierhead line, is ratified by the City Council and may continue as valid unless and until such pier or float is extended or enlarged. History Adopted H-1- 6-1-1964 Amended H-1 -10-19-1964 Amended H-1 -10-26-1964 Amended H-1 - 4-27-65 Reaffirmed H-1 - 8-30-1966 Amended H-1 -1-9-1967 Amended H-1 - 7-24-1967 Amended H-1 - 6-24-1968 Amended H-1 - 8-19-1968 Amended H-1 -12-23-1968 Amended H-1 -1-26-1970 Reaffirmed H-1 - 3-9-1970 Reaffirmed H-1 - 2-14-1972 Amended H-1 - 8-14-1972 Amended H-1 - 6-25-1973 Reaffirmed H-1 -12-10-1973 Amended H-1 -12-17-1973 Amended H-1 - 6-10-1974 Reaffirmed H-1 -11-11-1974 Amended H-1 - 3-10-1975 Amended H-1 - 4-28-1975 1 24-8 Amended H-1 - 5-27-1975 Amended H-1 -10-28-1975 Amended H-1 -12-8-1975 Amended H-1 - 5-10-1976 Amended H-1 -10-26-1976 Amended H-1 -11-22-1976 Reaffirmed H-1 -1-24-1977 Amended H-1 - 5-23-1977 Amended H-1 - 5-22-1978 Amended H-1 -12-11-1978 Amended H-1 - 3-12-1979 Amended H-1 - 6-25-1979 Amended H-1 - 6-9-1980 Amended H-1 - 6-23-1980 Amended H-1 -11-23-1981 Amended H-1 - 6-28-1982 Amended H-1 -10-12-1982 Amended H-1 -10-25-1982 Amended H-1 - 6-27-1983 Amended H-1 -1-14-1985 Amended H-1 - 3-25-1985 Amended H-1 - 6-24-1985 Amended H-1 - 6-22-1987 Amended H-1 - 6-13-1988 Amended H-1 -11-28-1988 Amended H-1 - 6-26-1989 Amended H-1 - 9-25-1989 Amended H-1 -11-27-1989 Amended H-1 - 5-14-1990 Amended H-1 - 6-25-1990 Amended H-1 - 4-8-1991 Amended H-1 - 6-24-1991 Amended H-1 -10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1 - 6-27-1994 Amended H-1 - 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1- June 8,1998 Amended H-1 -12-14-1998 Amended H-1 - 5-8-2001 Amended H-1 - 9-10-2002 Amended H-1 -10-28-2003 Amended H-1 - 4-13-2004 K H-1 24-9 H-1 Amended H-1 -1-8-2008 Amended H-1 - 5-22-2018 24-10 ATTACHMENT C HARBOR PERMIT POLICY Background H-1 Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may not extend beyond the pierhead line unless approved by Council policy. Policy Consistent with Title 17's purposes described in Newport Beach Municipal Code Section 17.05.020, the City Council's general policy is not to approve piers and floats beyond the pierhead line. Limited exceptions exist as described in this Polices the Harbor Commission is directed to use this general policy and the underlip purposes of Title 17 as a default rule that can only be excepted by making specific findings concerning such exceptions. The proper procedure for determining whether such exceptions exist is to hold a public hearing in front of the Harbor Commission with a staff report that includes a staff recommendation and accompanying materials that shall include, but are not limited to, the application and materials supporting the staff recommendation. The Harbor Commission shall consider the Citi seg neral policy as articulated herein and shall make specific factual findings as to each of the categories of exceptions. The applicant, or any interested person, shall have the right to appeal the Harbor Commissions decision to the City Council in accordance with Chapter 17.65 of the Municipal Code. Any individual City Council Member shall also have the right to call for review the Harbor Commission's decision to the City Council in accordance with Chapter 17.65. The Harbor Commission, or the City Council considering an appeal or call for review, may approve or conditionally approve a permit for a pier or float to extend beyond the pierhead line if the H;-; r-hA-.r Ce,;,Tniss;en m.-;;ke-,; ;-; r�a„,At�e;Ttha surmh unit is determined that: (1) the existing pier or float is already physically encroaching beyond the pierhead line; (2) the existing pier or float was legally permitted to encroach beyond the pierhead line; (3) the pier or float will not result in an increase in the physical encroachment beyond the pierhead line that is greater than the existing encroachment; (4) aLiy boat utilizing the pier or float will not extend beyond the project line or line at which it would currently be allowed, whichever is greater; and (5) the pier or float will Q) preserve the diverse uses of the harbor and 24-11 H-1 the waterfront that contribute to the charm and character of Newport Bay, (ii) maintain or enhance public access to the harbor water and waterfront areas, (iii) preserve or enhance the visual character of the harbor, and (iv)not negatively impact! (1 ` navigatiew, 4" _adjacent property owners; and (3) exis#Rgdredging of the harbor-4ses. Any permit issued by the City of Newport Beach before July 12, 2018, which allows aan existing pier or float to extend beyond the pierhead line, is ratified by the City Council and may continue as valid � Rye a, «until such time as a new permit for a pier or float is e aapproved and the pier or e float is constructed pursuant to the new permit. History Adopted H-1- 6-1-1964 Amended H-1 -10-19-1964 Amended H-1 -10-26-1964 Amended H-1 - 4-27-65 Reaffirmed H-1 - 8-30-1966 Amended H-1 -1-9-1967 Amended H-1 - 7-24-1967 Amended H-1 - 6-24-1968 Amended H-1 - 8-19-1968 Amended H-1 -12-23-1968 Amended H-1 -1-26-1970 Reaffirmed H-1 - 3-9-1970 Reaffirmed H-1 - 2-14-1972 Amended H-1 - 8-14-1972 Amended H-1 - 6-25-1973 Reaffirmed H-1 -12-10-1973 Amended H-1 -12-17-1973 Amended H-1 - 6-10-1974 Reaffirmed H-1 -11-11-1974 Amended H-1 - 3-10-1975 Amended H-1 - 4-28-1975 2 24-12 Amended H-1 - 5-27-1975 Amended H-1 -10-28-1975 Amended H-1 -12-8-1975 Amended H-1 - 5-10-1976 Amended H-1 -10-26-1976 Amended H-1 -11-22-1976 Reaffirmed H-1 -1-24-1977 Amended H-1 - 5-23-1977 Amended H-1 - 5-22-1978 Amended H-1 -12-11-1978 Amended H-1 - 3-12-1979 Amended H-1 - 6-25-1979 Amended H-1 - 6-9-1980 Amended H-1 - 6-23-1980 Amended H-1 -11-23-1981 Amended H-1 - 6-28-1982 Amended H-1 -10-12-1982 Amended H-1 -10-25-1982 Amended H-1 - 6-27-1983 Amended H-1 -1-14-1985 Amended H-1 - 3-25-1985 Amended H-1 - 6-24-1985 Amended H-1 - 6-22-1987 Amended H-1 - 6-13-1988 Amended H-1 -11-28-1988 Amended H-1 - 6-26-1989 Amended H-1 - 9-25-1989 Amended H-1 -11-27-1989 Amended H-1 - 5-14-1990 Amended H-1 - 6-25-1990 Amended H-1 - 4-8-1991 Amended H-1 - 6-24-1991 Amended H-1 -10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1 - 6-27-1994 Amended H-1 - 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1 - June 8,1998 Amended H-1 -12-14-1998 Amended H-1 - 5-8-2001 Amended H-1 - 9-10-2002 Amended H-1 -10-28-2003 Amended H-1 - 4-13-2004 3 H-1 24-13 H-1 Amended H-1 -1-8-2008 Amended H-1 - 5-22-2018 Amended H-1 - 6-25-2019 24-14 ATTACHMENT D Exhibit 1 HARBOR PERMIT POLICY Background H-1 Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may not extend beyond the pierhead line unless approved by Council policy. Policy Consistent with Title 17's purposes described in Newport Beach Municipal Code Section 17.05.020, the City Council's general policy is not to approve piers and floats beyond the pierhead line. Limited exceptions exist as described in this Policy, but the Harbor Commission is directed to use this general policy and the underlying purposes of Title 17 as a default rule that can only be excepted by making specific findings concerning such exceptions. The proper procedure for determining whether such exceptions exist is to hold a public hearing in front of the Harbor Commission with a staff report that includes a staff recommendation and accompanying materials that shall include, but are not limited to, the application and materials supporting the staff recommendation. The Harbor Commission shall consider the City's general policy as articulated herein and shall make specific factual findings as to each of the categories of exceptions. The applicant, or any interested person, shall have the right to appeal the Harbor Commissions decision to the City Council in accordance with Chapter 17.65 of the Municipal Code. Any individual City Council Member shall also have the right to call for review the Harbor Commissions decision to the City Council in accordance with Chapter 17.65. The Harbor Commission, or the City Council considering an appeal or call for review, may approve or conditionally approve a permit for a pier or float to extend beyond the pierhead line if it is determined that: (1) the existing pier or float is already physically encroaching beyond the pierhead line; (2) the existing pier or float was legally permitted to encroach beyond the pierhead line; (3) the pier or float will not result in an increase in the physical encroachment beyond the pierhead line that is greater than the existing encroachment; (4) any boat utilizing the pier or float will not extend beyond the project line or line at which it would currently be allowed, whichever is greater; and (5) the pier or float will (i) preserve the diverse uses of the harbor and the waterfront that contribute to the charm and character of Newport Bay, (ii) maintain or enhance public access to the harbor water and waterfront areas, (iii) preserve or enhance the visual character of the 24-15 H-1 harbor, and (iv) not negatively impact adjacent property owners and dredging of the harbor. Any permit issued by the City of Newport Beach before July 12, 2018, which allows an existing pier or float to extend beyond the pierhead line, is ratified by the City Council and may continue as valid until such time as a new permit for a pier or float is approved and the pier or float is constructed pursuant to the new permit. History Adopted H-1- 6-1-1964 Amended H-1 -10-19-1964 Amended H-1-10-26-1964 Amended H-1 - 4-27-65 Reaffirmed H-1- 8-30-1966 Amended H-1-1-9-1967 Amended H-1- 7-24-1967 Amended H-1- 6-24-1968 Amended H-1- 8-19-1968 Amended H-1-12-23-1968 Amended H-1-1-26-1970 Reaffirmed H-1- 3-9-1970 Reaffirmed H-1- 2-14-1972 Amended H-1- 8-14-1972 Amended H-1- 6-25-1973 Reaffirmed H-1 -12-10-1973 Amended H-1-12-17-1973 Amended H-1- 6-10-1974 Reaffirmed H-1 -11-11-1974 Amended H-1- 3-10-1975 Amended H-1- 4-28-1975 Amended H-1- 5-27-1975 Amended H-1 -10-28-1975 Amended H-1 -12-8-1975 Amended H-1 - 5-10-1976 Amended H-1 -10-26-1976 Amended H-1 -11-22-1976 Reaffirmed H-1 -1-24-1977 Amended H-1 - 5-23-1977 Amended H-1- 5-22-1978 Amended H-1-12-11-1978 24-16 Amended H-1 - 3-12-1979 Amended H-1 - 6-25-1979 Amended H-1 - 6-9-1980 Amended H-1- 6-23-1980 Amended H-1 -11-23-1981 Amended H-1 - 6-28-1982 Amended H-1 -10-12-1982 Amended H-1 -10-25-1982 Amended H-1 - 6-27-1983 Amended H-1 -1-14-1985 Amended H-1 - 3-25-1985 Amended H-1 - 6-24-1985 Amended H-1 - 6-22-1987 Amended H-1 - 6-13-1988 Amended H-1 -11-28-1988 Amended H-1 - 6-26-1989 Amended H-1 - 9-25-1989 Amended H-1 -11-27-1989 Amended H-1 - 5-14-1990 Amended H-1 - 6-25-1990 Amended H-1- 4-8-1991 Amended H-1 - 6-24-1991 Amended H-1 -10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1 - 6-27-1994 Amended H-1- 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1 - June 8,1998 Amended H-1 -12-14-1998 Amended H-1 - 5-8-2001 Amended H-1 - 9-10-2002 Amended H-1 -10-28-2003 Amended H-1 - 4-13-2004 Amended H-1 -1-8-2008 Amended H-1 - 5-22-2018 Amended H-1 - 6-25-2019 3 H-1 24-17 ATTACHMENT E RESOLUTION NO. 2019- 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED CITY COUNCIL POLICY H-1 WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, at its June 11, 2019 meeting, the City Council directed staff to bring back for review a revised Council Policy H-1 that provides direction to the Harbor Commission; WHEREAS, the revisions to Council Policy H-1, attached hereto as Exhibit 1 and incorporated herein, provides clarity and direction to the Harbor Commission; and WHEREAS, the City Council of the City of Newport Beach desires to revise Council Policy H-1 as shown in the revised policy attached to this resolution as Exhibit 1. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts Council Policy H-1 as shown in Exhibit 1. Section 2: All prior versions of Council Policy H-1 that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. 24-18 Resolution No. 2019 - Page 2 of 2 Section 6: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of June, 2018. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S FICE C Aaron C. Harp City Attorney Attachment: Exhibit 1 — Revised City Council Policy H-1 24-19 Exhibit 1 HARBOR PERMIT POLICY Background H-1 Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may not extend beyond the pierhead line unless approved by Council policy. Policy Consistent with Title 17's purposes described in Newport Beach Municipal Code Section 17.05.020, the City Council's general policy is not to approve piers and floats beyond the pierhead line. Limited exceptions exist as described in this Policy, but the Harbor Commission is directed to use this general policy and the underlying purposes of Title 17 as a default rule that can only be excepted by making specific findings concerning such exceptions. The proper procedure for determining whether such exceptions exist is to hold a public hearing in front of the Harbor Commission with a staff report that includes a staff recommendation and accompanying materials that shall include, but are not limited to, the application and materials supporting the staff recommendation. The Harbor Commission shall consider the City's general policy as articulated herein and shall make specific factual findings as to each of the categories of exceptions. The applicant, or any interested person, shall have the right to appeal the Harbor Commission's decision to the City Council in accordance with Chapter 17.65 of the Municipal Code. Any individual City Council Member shall also have the right to call for review the Harbor Commissions decision to the City Council in accordance with Chapter 17.65. The Harbor Commission, or the City Council considering an appeal or call for review, may approve or conditionally approve a permit for a pier or float to extend beyond the pierhead line if it is determined that: (1) the existing pier or float is already physically encroaching beyond the pierhead line; (2) the existing pier or float was legally permitted to encroach beyond the pierhead line; (3) the pier or float will not result in an increase in the physical encroachment beyond the pierhead line that is greater than the existing encroachment; (4) any boat utilizing the pier or float will not extend beyond the project line or line at which it would currently be allowed, whichever is greater; and (5) the pier or float will (i) preserve the diverse uses of the harbor and the waterfront that contribute to the charm and character of Newport Bay, (ii) maintain or enhance public access to the harbor water and waterfront areas, (iii) preserve or enhance the visual character of the 24-20 H-1 harbor, and (iv) not negatively impact adjacent property owners and dredging of the harbor. Any permit issued by the City of Newport Beach before July 12, 2018, which allows an existing pier or float to extend beyond the pierhead line, is ratified by the City Council and may continue as valid until such time as a new permit for a pier or float is approved and the pier or float is constructed pursuant to the new permit. History Adopted H-1- 6-1-1964 Amended H-1-10-19-1964 Amended H-1-10-26-1964 Amended H-1- 4-27-65 Reaffirmed H-1- 8-30-1966 Amended H-1-1-9-1967 Amended H-1- 7-24-1967 Amended H-1- 6-24-1968 Amended H-1 - 8-19-1968 Amended H-1 -12-23-1968 Amended H-1 -1-26-1970 Reaffirmed H-1 - 3-9-1970 Reaffirmed H-1 - 2-14-1972 Amended H-1 - 8-14-1972 Amended H-1 - 6-25-1973 Reaffirmed H-1 -12-10-1973 Amended H-1 -12-17-1973 Amended H-1 - 6-10-1974 Reaffirmed H-1 -11-11-1974 Amended H-1 - 3-10-1975 Amended H-1 - 4-28-1975 Amended H-1 - 5-27-1975 Amended H-1 -10-28-1975 Amended H-1 -12-8-1975 Amended H-1 - 5-10-1976 Amended H-1 -10-26-1976 Amended H-1 -11-22-1976 Reaffirmed H-1 -1-24-1977 Amended H-1 - 5-23-1977 Amended H-1 - 5-22-1978 Amended H-1 -12-11-1978 2 24-21 Amended H-1- 3-12-1979 Amended H-1- 6-25-1979 Amended H-1- 6-9-1980 Amended H-1- 6-23-1980 Amended H-1-11-23-1981 Amended H-1- 6-28-1982 Amended H-1 -10-12-1982 Amended H-1 -10-25-1982 Amended H-1 - 6-27-1983 Amended H-1 -1-14-1985 Amended H-1- 3-25-1985 Amended H-1 - 6-24-1985 Amended H-1- 6-22-1987 Amended H-1- 6-13-1988 Amended H-1-11-28-1988 Amended H-1 - 6-26-1989 Amended H-1 - 9-25-1989 Amended H-1-11-27-1989 Amended H-1- 5-14-1990 Amended H-1- 6-25-1990 Amended H-1- 4-8-1991 Amended H-1- 6-24-1991 Amended H-1-10-28-1991 Reaffirmed H-1 -1-24-1994 Amended H-1 - 6-27-1994 Amended H-1 - 6-26-1995 Amended H-1 - 3-25-1996 Amended H-1- June 8,1998 Amended H-1 -12-14-1998 Amended H-1- 5-8-2001 Amended H-1 - 9-10-2002 Amended H-1 -10-28-2003 Amended H-1- 4-13-2004 Amended H-1 -1-8-2008 Amended H-1 - 5-22-2018 Amended H-1 - 6-25-2019 3 H-1 24-22