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HomeMy WebLinkAbout03 - Ord 2014-8 - Residential Pier PermitsTO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report April 8, 2014 Agenda Item No. 3. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov Michael Torres, Assistant City Attorney 949 - 644 -3131 Adoption of Ordinance No. 2014 -8 Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits On March 25, 2014, the City Council conducted first reading of Ordinance No. 2014 -8 relating to Residential Pier Permits. The City Council passed Ordinance No. 2014 -8 to second reading at the April 8, 2014 meeting. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2014 -8, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code ( "NBMC') Subsection 17.60.030(A) Relating to Residential Pier Permits. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Ordinance No. 2014 -8 codifies the City of Newport Beach's long standing practice and policy of issuing residential pier permits to the abutting uplands property owner, while staying within the existing 10 year permit period of NBMC Subsection 17.60.060(A)(2) and the overall 50 year limitation of the Beacon Bay Bill. Ordinance No. 2014 -8 also assists in settling the litigation known as Newport Beach Dock Owners Association, et al. v. Newport Beach City Council, et al. (Orange County Superior Court Case No. 30 -2013- 00630419- CU- WM- CJC)). ENVIRONMENTAL REVIEW: Staff recommends the City Council find the adoption of this ordinance is not subject to the 35 California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(C)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the adoption of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Ordinance 2014 -8 36 ATTACHMENT A ORDINANCE NO. 2014 - 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE SUBSECTION 17.60.030(A) RELATING TO RESIDENTIAL PIER PERMITS WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended ( "Beacon Bay Bill "), the City of Newport Beach ( "City') acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the Beacon Bay Bill and Title 17 of the Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to construct and maintain residential piers upon tidelands; WHEREAS, on February 14, 2013, the Newport Beach Dock Owners Association and Robert McCaffrey (collectively, "Association ") filed a complaint against the City alleging a violation of the Ralph M. Brown Act relating to the City's adoption of a resolution establishing fair market value rent for residential piers and a model residential pier permit; WHEREAS, the City disagrees with the Association's allegations and asserts that it has fully complied with all requirements of the Ralph M. Brown Act; WHEREAS, the parties have proposed a draft Settlement Agreement and Release to resolve all disputes and differences between them as to the claims set forth in Newport Beach Dock Owners Association, et al. v. Newport Beach City Council, et al. (Orange County Superior Court Case No. 30- 2013 - 00630419- CU- WM -CJC); and WHEREAS, the draft Settlement Agreement and Release contemplates a potential revision to NBMC Subsection 17.60.030(A) relating to the issuance and renewal of residential pier permits. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: NBMC Subsection 17.60.030(A) is hereby amended to read as follows: A. Pier Permits. Upon the request of the abutting upland residential property owner, lessee or agent of the owner, and 37 in accordance with all applicable laws, a residential pier permit shall be issued for up to ten (10) years. The City shall extend the term of any residential pier permit for up to ten (10) years upon: (i) permit expiration and the request of the owner, lessee or agent of the owner; or (ii) upon sale of the abutting upland property and the request of the new owner, lessee or agent of the owner. The maximum term of any permit issued hereunder, with extensions, shall be fifty (50) years. After fifty (50) years, the abutting upland residential property owner, lessee or agent of the owner shall be required to apply for a new residential pier permit. Section 2: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of March, 2014, and adopted on the 8th day of April, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS E 9.1 ABSENT COUNCILMEMBERS RUSH N. HILL. II. MAYOR APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 39