HomeMy WebLinkAbout2024-1 - 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-1ORDINANCE NO. 2024-1
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 — Pier and Float Extensions Beyond the
Pierhead Line ("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 staff's 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:
Ordinance No. 2024-1
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 set forth in this subsection
shall not extend bayward beyond the specified limits 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: the U.S.
Pierhead Line.
2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the
easterly line of "H" Street: 16 feet bayward of the U.S. Pierhead Line.
3. From U.S. Bulkhead Station No. 110 to No. 112: the U.S. Pierhead Line.
4. From the northerly prolongation of the westerly line of Cypress Street to U.S.
Bulkhead Station No. 113: the U.S. Pierhead Line.
5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No.
162: the U.S. Pierhead Line.
6. From U.S. Bulkhead Station No. 115 to No. 119: the U.S. Pierhead Line.
7. From U.S. Bulkhead Station No. 120 to No. 221: 20 feet bayward of the U.S.
Pierhead Line.
8. From U.S. Bulkhead Station No. 122 to No. 123: 20 feet bayward of the U.S.
Pierhead Line.
9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: 20 feet bayward of the
U.S. Pierhead Line.
10. West Newport Channels:
a. Rialto and Rivo Alto: 30 feet bayward of the bulkhead line. Float lengths
may be increased parallel to the bulkhead line by a maximum of 1 foot for
each additional 2 feet of the 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 5 feet setbacks).
Ordinance No. 2024-1
Page 3 of 9
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 5 feet 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"): 30 feet bayward of the South Line. Floats
may be extended parallel to the South Line by a maximum of 1 foot for
each additional 2 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 of the North Line.
ii. Residential, non-community/association piers and floats parallel to
the North Line shall not extend more than 30 feet bayward of the North
Line. For piers and floats longer than 20 feet parallel to the North Line,
the 30 feet bayward limit shall be reduced by 1 foot for every 2 feet
the pier and float exceeds the length of 20 feet.
Example. A 26 feet 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, excluding the area prohibited by subsection (E)(2): the U.S. Pierhead
Line.
b. From U.S. Bulkhead Station No. 172 to No. 173, excluding the area
prohibited by subsection (E)(3): 20 feet bayward of the U.S. Pierhead Line.
c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge, excluding the area
prohibited by subsection (E)(3): 30 feet bayward of the U.S. Pierhead Line.
12. From U.S. Bulkhead Station No. 128A to No. 130: the U.S. Pierhead Line.
13. From U.S. Bulkhead Station No. 130 to No. 131: 20 feet bayward of the U.S.
Pierhead Line.
14. Dover Shores: the pierhead line shown on the Pier Permit Area Map, City Plan
#H-5014-S.
Ordinance No. 2024-1
Page 4 of 9
15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead
Station No. 53513: the pierhead line shown on the Pier Permit Area Map for
Tract No. 4003, City Plan #H-5029-S.
16. Linda Isle: both the U.S. Pierhead Line and the pier permit line 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: the U.S. Pierhead
Line.
18. From U.S. Bulkhead Station No. 160 to No. 250: the U.S. Pierhead Line.
19. Balboa Island:
a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: 16 feet
bayward of the U.S. Pierhead Line.
b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: 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: 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: 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: 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: 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: 16 feet bayward of
the U.S. Pierhead Line.
20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon Bay
subdivision: 16 feet bayward of the U.S. Pierhead Line.
21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge:
20 feet bayward of the U.S. Pierhead Line.
22. Promontory Bay: the pierhead line as shown on Tract Map No. 3867.
Ordinance No. 2024-1
Page 5of9
23. From U.S. Bulkhead Station No. 101 to No. 104: 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. South Bay Front, from the westerly prolongation of the northerly line of Lot 5 to
Collins Isle Bridge.
2. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead Station
No. 151.
3. 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.
Ordinance No. 2024-1
Page 6 of 9
D. 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):
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 847 across the public walkway and the
westerly line of Lot 493, except for the Lido Isle Community Association pier
and float.
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.
Ordinance No. 2024-1
Page 7 of 9
4. From U.S. Pierhead Station No. 535B 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. The Harbor Commission may approve or conditionally approve bayward extensions
of piers and floats in the following areas only after conducting a public hearing in
accordance with section 17.05.140 and making the findings specified herein. 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 person requesting the
deviation shall bear the responsibility to establish evidence in support of the findings.
1. For piers and floats in the areas set forth in subsection (A), upon making the
following findings in lieu of the findings in section 17.05.140(D)(1):
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, or future dredging.
2. For piers and floats in the areas set forth in subsections (B) and (D) or in an
area of Newport Harbor not specifically listed in this section, upon making the
general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding that there will be no negative impacts to adjacent
property owners, harbor views, navigation, or future dredging.
3. For existing piers and floats in the areas set forth in subsection (C), upon
making the general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding 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, or future dredging.
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Ordinance No. 2024-1
Page 8 of 9
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.
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
kaOcalendar days after its adoption.
Ordinance No. 2024-1
Page 9of9
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of January, 2024, and adopted on the 23,d day of
January, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom, Councilmember Grant, Council Member Kleiman,
Councilmember Weigand.
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
1 Z.�
APPROVED AS TO FORM:
CITY TORNEY'S OFFICE
ON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2024-1 was duly introduced on the 91h day of January, 2024, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 23rd day of January, 2024, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 24th day of January, 2024.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
1�21 C1 FOR%
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-1 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: January 13, 2024
Adopted Ordinance: January 27, 2024
In witness whereof, I have hereunto subscribed my name this day of February, 2024.
A*�(
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California