HomeMy WebLinkAboutSS4 - Proposed Harbor Element & Harbor CommissionCITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
Moo NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
Hearing Date:
Agenda Item No.:
Staff Person:
STUDY SESSION
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Proposed Harbor Element and Harbor Commission
May 9, 2000
SS4
Patrick J. Alford
(949) 644 -3235
SUMMARY: Discussion on the addition of a proposed Harbor Element to the General
Plan and the formationof a Harbor Commission.
Background
On January 11, 1999, the City Council established the Ad Hoc Harbor Committee to make
recommendations on any matter pertaining to the Harbor. The Ad Hoc Harbor Committee is
scheduledto terminate on June 30, 2000.
Analysis
The Harbor Committee is submitting two documents for the City Council's consideration. The
first is a proposed Harbor Element of the General Plan. The second is a set of rules of
procedures to be used in the establishment of a Harbor Commission.
Proposed Harbor and Bay Element
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 Harbor and Bay Element sets forth five major goals:
■ Maintain a balance of compatible uses of the Bay, Harbor, and shoreline.
■ Maintain and enhance public access to the Harbor water and waterfront areas.
■ Maintain and enhance the water quality and natural aquatic habitats of Newport
Harbor and the Back Bay.
• Preserve and enhance the visual character and historical resources of the Harbor and
the Bay.
■ Provide for the ongoing administrationand 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.
Harbor Commission
The proposed Harbor Commission would consist of seven (7) members appointed and approved
by the City Council. The Harbor Commission would be structured and operated much in a manner
similar to the Planning Commission. As the Planning Commission is directed to address matters
relating to land use and property development, the Harbor Commission would address activities
and development occurring in and around the Harbor and Upper Newport Bay. Generally, the
powers and duties of the Harbor Commission would be limited to areas bayward of the bulkhead
line. However, the Harbor Commission may also make recommendations to the Planning
Commission and City Council concerning land use and property development applications that may
affect Harbor activities.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments:
1. Draft Harbor Element.
2. Draft Harbor Commission Rules of Procedures.
Harbor Element'Commission
May 9, 2000
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• City of Newport Beach
General Plan
Harbor and Bay Element
I Ism I kill 11114" CoWl
There have been visions for Newport Bay ever since the steamer Vaquero entered the bay
in 1870. Over the decades, public and private initiatives exploited and improved the
resources of the Bay to create what is today one of the largest small craft harbors in the
world. The natural and manmade resources of the Bay have allowed seaports,
commercial fishing and canning, industrial shipbuilding, and, as always, recreation and
waterfront residences. While uses have ebbed and flowed over the years, few have left
entirely. Therefore, policies and programs need to be established to ensure that the
various uses of the Harbor and Bay continue to coexist.
The terms "Newport Harbor" and "Newport Bay" 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).
The 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.
RELATIONSHIP TO STATE LAW
• The Harbor and Bay Element is an optional element of the General Plan under the
Government Code of the State of California, which 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."
RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
The Harbor and Bay Element is related to all other elements contained within the General
Plan. However, the focus of the issues and policies contained in this element is on the
uses of the Harbor and Bay and the surrounding shoreline. Therefore, there is a greater
relationship with the policies of the Land Use Element. Similarly, since this element
places an emphasis on providing open space, recreational uses, and public access, there is
a direct relationship to the polices of the Recreation and Open Space Element and the
Circulation Element.
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. The local
coastal program is required to provide a series of policies and standards that conserve and
• enhance the coastal resources within a community. The heart of the City of Newport
Beach's Local Coastal Program is the Land Use Plan, which contains policies
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concerning public access, circulation, environmentally sensitive habitats, coastal •
resources, land uses, and new development in the Coastal Zone. All of these issues are
directly related to the Harbor and Bay. Therefore, appropriate policies from the Local
Coastal Program Land Use Plan are reiterated or referenced in this element.
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Maintain a balance of compatible uses of the Bay, Harbor, and shoreline while allowing
the continued use of the following activities:
1. Water- dependent and water - related recreational activities, including,
but not limited to, boating, diving, fishing, kayaking, rowing, and
swimming.
2. Water- dependent and water - related commercial activities, including,
but not limited to, 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 activities, including shopping and dining.
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• 4. Waterfront residential communities.
5. Waterfront public recreation areas such as beaches, parks, and related
public areas providing access to, and views of, Newport Harbor.
Objective
HB -1.1: Maintain water recreational activities as the primary use of the Harbor.
Policies
HB- 1.1.1: Sustain and encourage water- dependent and water- related
uses and activities as highest priority, water - enhanced uses
and activities as second priority, and allow for non- water-
dependent/enhanced uses and activities when the above
uses are no longer viable or have become obsolete.
HB- 1.1.2: Discourage changes of use that would replace existing
water - dependent and water recreational uses with non-
water- dependent and non - recreational uses within
established or stabilizing waterfront areas.
is HB- 1.1.3: Provide incentives for visitor - serving compatible uses as
replacements for former water - dependent and water - related
uses.
HB- 1.1.4: 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.
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.
2. Encourage the development of a harbor -wide upgrade of
parking/access for all waterfront uses.
3. Continue the various organized water recreational uses by the
private organizations that currently conduct events, examples being
• the Sea Base, collegiate rowing clubs and yacht clubs.
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Objective
HB -1.2:
4. Support 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.
5. Continue to coordinate harbor event planning through a single
agency such as the Harbor Patrol.
Continue commercial use of the Harbor in a manner that balances
commercial uses with non - commercial uses.
Policies
HB- 1.2.1: Continue operation of passenger /sightseeing boats,
passenger fishing boats ( "day boats "), and long -term boat
rentals and sales.
HB- 1.2.2: Continue operation of short-term rental boats with
additional measures, such as education and enforcement, to
ensure safe and law- abiding use by renters. •
HB- 1.2.3: Continue operation of entertainment boats at a level
compatible with existing bay uses in terms of parking,
noise, bay traffic and aesthetics.
Implementation Strategies
1. Establish guidelines for the operation of entertainment and work
boats to determine the level of compatibility in terms of numbers,
frequency, and nature of operation.
2. Provide a system of integrated permit/law enforcement.
3. Refuse permits to operators with repeated infractions of harbor
regulations.
4. Consider elimination of, or severely limiting, temporary permits to
out -of- harbor vessels (as compared with vessels regularly berthed
and operated in the Harbor).
5. Investigate the feasibility of establishing noise standards for
waterbome mobile noise sources. •
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• Objective
HB -1.3: Provide a variety of vessel berthing and storage opportunities.
Policies
HB- 1.3.1: Continue to provide moorings as an important source of
low -cost public access to the water.
HB- 1.3.2: Maintain, enhance, and expand marinas and dry boat
storage facilities.
HB- 1.3.3: Permit living aboard boats at identified locations with
restrictions on the number of live- aboards.
HB- 1.3.4: Provide anchorages in designated areas, which minimize
interference with navigation and where shore access is
convenient.
HB- 1.3.5: Encourage and enforce the regulations for the condition of
moored and docked vessels to present a positive image of
the Harbor.
is HB- 1.3.6: Maintain existing guest docks and encourage addition of
guest dock capacity at City facilities and at privately
owned - marinas, restaurants and other appropriate locations.
Implementation Strate¢ies
1. Provide, and regularly update, standards for construction and
maintenance of marinas that represent industry standards.
2. Facilitate and encourage necessary periodic dredging for safe
navigability and access to marinas and for vessel berthing.
3. Establish and enforce, by regular inspection, appropriate
requirements for "live- aboard" vessels throughout the Harbor.
4. Vigorously enforce the derelict boat ordinance by regular
inspections and strengthen or refine it periodically to accomplish
its objectives.
5. Provide a convenient and efficient central source for information
on temporary mooring and guest dock availability/reservations,
• accessible by radio, telephone and/or other electronic media.
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Objective •
HB -1.4: Maintain and enhance existing harbor commercial uses and use
districts and encourage new /expanded harbor- compatible commercial
uses.
Policies
HB- 1.4.1: Maintain and enhance existing water - enhanced and water -
dependent commercial uses and commercial districts.
HB- 1.4.2: Encourage new commercial uses that are compatible with
existing and desired water - enhanced and water- dependent
uses.
HB- 1.4.3: Discourage changes of use that would place dissimilar and
incompatible uses within designated waterfront commercial
areas. This is not intended to restrict change of use when
the use is no longer economically viable or is obsolete or
replaced elsewhere.
Implementation Strategies
1. Identify and define the unique water - enhanced and water -
dependent characteristics and potential of Harbor commercial uses
and commercial -use districts with design guidelines.
2. Define "Harbor Villages" and village subareas by use, activity,
compatibility, and other factors of comparable function,
appearance, and visitors /users served.
3. Provide development incentives (water access, mixed use, density
transfer, etc.) and public facility support (shared parking programs,
public parking, etc.) to existing and new uses /complexes which
most typify the Harbor nautical character and which most broadly
serve the Harbor user and visitor.
4. Analyze proposed/potential changes of use to prevent changes that
are likely to create incompatible uses.
5. Encourage developers to retain otherwise economically viable and
community image - establishing waterfront commercial uses, and
specific structures, where appropriate, in new projects on the
Harbor waterfront
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• 6. Existing and new commercial uses and commercial complexes
should be encouraged to provide, as a part of any proposal for new
development, waterfront pedestrian areas and guest or water taxi
docking within their water frontage. These would only be
encouraged where they would not conflict with security or public
safety aspects of the use.
Objective
HB -1.5: Maintain and enhance existing marine sales and service uses and
encourage and provide incentives for retention and expansion of these
uses.
Policies
HB- 1.5.1: Maintain and enhance existing marine sales and service
uses serving the existing waterfront uses and boating
communities and local and visiting vessel needs.
HB- 1.5.2: Encourage the development and operation of new marine
sales and service uses and facilities.
• HB- 1.5.3: Support private sector uses that provide essential
emergency and environmental enhancement functions
within the Harbor not otherwise provided by public sector
agencies, and in support of those provided by public sector
agencies.
HB- 1.5.4: Discourage changes of use which would replace existing
essential emergency and marine sales and service uses with
non -water dependent and non - service /emergency uses. This
is not intended to restrict change of use when the
emergency and marine sales and service use is no longer
economically viable or is obsolete or replaced elsewhere.
Implementation Strategies
1. Identify and define the unique water- dependent characteristics and
potentials of marine sales and service uses, and establish specific
zoning and urban design controls and incentives for retention and
enhancement of these uses.
2. Provide development incentives and public infrastructure support
• to existing and new marine sales and service uses.
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3. Encourage existing and new owners and operators of marine sales •
and service uses to retain otherwise economically viable and
essential uses in any planning of new development on waterfront
sites essential to the operation of such uses. This is not intended to
restrict change of use when the marine sales and service use is no
longer economically viable or is obsolete or replaced elsewhere.
4. 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 - bulkhead equipment operations
which present security or public safety concerns.
Objective
HB -1.6: Protect waterfront residential areas from impacts from the various non-
residential uses and activities of the Harbor, Bay and shoreline
Policies
HB- 1.6.1: Maintain and enhance existing waterfront residential uses •
and communities and their essential and established access
and linkage to other Harbor uses in balance with
public /visitor access and use of the Harbor within and
adjacent to these residential areas.
HB- 1.6.2: Clearly define areas of permitted/non - permitted uses and
activities compatible with residential community use and
resident enjoyment.
HB- 1.6.3: Discourage bayside land uses that reduce the shoreline
available for potential water- dependent and water - related
uses.
Implementation Strategies
1. Designate areas appropriate for use by the variety of Bay users in
and adjacent to bayfront residential communities.
2. Consider zoning portions of the Harbor water areas and shoreline
access for specified uses or activities in and adjacent to residential
communities.
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• 3. Continue and expand City support
programs of identity, beautification,
discussion forums and media, special
distinctiveness.
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GOAL HB -2:
of residential community
signage, safety /security,
events, and urban design
4. Encourage the upgrading of public residential waterfront
pedestrian ways.
5. Develop specific land use and other development controls for each
waterfront residential area, to mitigate existing and potential use
conflicts and impacts resulting from development of non-
residential uses and activities, and vice versa. Consistently review
development projects where balance of waterfront issues and
development rights must both be considered. This is not intended
to restrict change of use when the use is no longer economically
viable or is obsolete or replaced elsewhere.
6. Establish and enforce standards and guidelines for the use of
entertainment vessels and related shore -based activities, such as
docking, boarding, and parking.
7. Establish and enforce standards of light/glare control.
8. Establish special operating conditions for special events such as
the Christmas Boat Parade and other activities that are infrequent
and uniquely essential to the Newport Beach community, but
which may need special controls on access, parking, noise and
other factors to avoid conflict with community residential areas.
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: Expand and improve 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.
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HB- 2.1.2: Encourage development of a single major •
waterfront public pedestrian space and related water
access and docking which can serve 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 existing
and new private waterfront public pedestrian access
systems and facilities such as waterfront
boardwalks, links between waterfronts and public
sidewalks on adjacent streets, increased access to
water activities, uses, transportation, etc.
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: Provide additional public waterfront parks and
adjacent upland recreational opportunities that
expand waterfront access and reduce the existing
shortage of such facilities adjacent to the Harbor.
HB- 2.1.6: Increase the capacity and availability of day use and
overnight dockage with bathroom facilities
provided within the Harbor by public and private
entities.
HB- 2.1.7: 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.
HB- 2.1.8: Provide adequate landside and waterfront access to
anchorages, offshore and onshore moorings through
dinghy launch, dinghy storage, and parking
facilities throughout the Harbor.
HB- 2.1.9: Encourage and provide new and improved facilities
and services for visiting vessels, including public
mooring and docking facilities, dinghy docks, guest
dockage, club guest docks and other features,
through City, County, and private means.
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• HB- 2.1.10: Encourage development and continued support of a
Harbor -wide water taxi service with boarding docks
at key locations such as waterfront restaurants,
commercial, and public recreation area, and use of
existing and new public docks.
•
Implementation Strategies
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. 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.
3. Provide a comprehensive system of directional and
informational signage for the Harbor perimeter vehicular and
pedestrian access systems and related parking and land and
water transportation facilities serving the Harbor and its uses.
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 which are
located in the Harbor, and which 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,
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waiting areas, pedestrian access, parking, etc) which •
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
I. 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.
2. Provide development incentives (water access/ new docking,
land area for facilities, parking, etc.) and public agency 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. Provide land use and development controls and restrictions •
limiting potential changes of use in established Harbor water
transportation uses. This is not intended to restrict change of
use when the transportation use is no longer economically
viable or is obsolete or is replaced elsewhere within the
Harbor.
4. 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.
Objective
HB -2.3: Provide access to the Harbor for youth and educational purposes.
Policy
H13-2.3. 1: Encourage the maintenance and enhancement of
existing facilities, and the development of new
facilities that provide water - oriented youth
programs and boating, and educational and training
programs.
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Implementation Strategy
Identify and continue to support all existing programs and facilities
of this type within the Harbor and Bay, and expansion and
operational needs of all such facilities.
GOAL HB -3:
Maintain and enhance the water quality and natural aquatic habitats of Newport Harbor
and the Back Bay.
Objective
HB -3.1: Protect, preserve and enhance the water, natural wildlife and plant -
life in and around Upper and Lower Newport Bay.
Policies
HB- 3.1.1: Protect and enhance the Upper Newport Bay
Ecological Reserve.
HB- 3.1.2: Ensure that the water quality in Newport Bay meets
recreational standards for human body contact and
that it will also sustain marine life.
HB- 3.1.3: Promote cooperative programs with other cities, the
county and resource agencies to determine
necessary programs, regulations and funding to
sustain/maintain the Bay and water quality.
HB- 3.1.4: Provide opportunities for visual interaction and
educational opportunities for appreciation and
protection of the wildlife and plant -life of the Upper
Bay.
Implementation Strategies
1. Actively promote and pursue all legislative avenues needed for
protecting and funding of the resources of the Bay.
2. Actively enforce local and Federal water quality requirements
from both point and non -point sources.
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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 communities in the
watershed.
4. Participate in the Newport Bay Watershed planning activities
to promote upstream management of pollutants to the Bay and
sedimentation.
GOAL HB -4:
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 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 designed to protect the
character of the existing beach profiles found
around the Harbor and island perimeters.
Objective
HB -4.2: Maintain the characteristics and use of Historic Newport Harbor
and Bay.
Policy
HB- 4.2.1: Retain and encourage enhancement of unique
buildings, building complexes, uses, and activity
centers which have served as recognized to
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"landmarks" and "icons" in the physical
development /appearance and cultural history of the
Harbor.
Imnlementation Strategy
Identify areas and buildings representative of the history of
Newport Harbor, and encourage their preservation when feasible.
This is not intended to restrict change of use when the use is no
longer economically viable or is obsolete or replaced elsewhere.
GOAL HB -5:
Provide for the ongoing administration and maintenance of the Harbor and Bay.
Objective
HB -5.1: Provide the capability within the Harbor to locate water- dependent
harbor maintenance equipment and facilities with harbor access.
Policies
HB- 5.1.1: Provide harbor access for harbor maintenance
equipment and facilities, including dredging, dock
demolition, repair and construction, mooring
services, and general harbor construction,
maintenance and repair.
HB- 5.1.2: 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- 5.1.3: 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
communication for the emergency use of these
facilities and equipment in advance of flood, storm,
pollution, 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.
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Objective
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HB -5.2: Maintain and enhance navigation channels, public and private
vessel berthing areas and beaches.
Policies
HB- 5.2.1: Maintain public Bay beaches through sand
replenishment 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- 5.2.2: Pursue means of sand retention (in addition to sand
replenishment) when possible and cost effective,
with minimum disruption to beach continuity and
visual aesthetics.
HB- 5.2.3: 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.
Imnlementation Strategies
1. Establish a comprehensive program for the monitoring and
replenishment of 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.
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.
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• Objective
HB -5.3: Provide better coordination between the City, County, and State
and Federal agencies having regulatory authority in the Harbor and
Bay.
Policies
HB- 5.3.1: Establish a coordinated single source of information
and point of contact and a single reference
document for all Harbor and Bay regulatory,
permitting, and enforcement information and
processes and update as necessary.
HB- 5.3.2: Coordinate and update all Harbor planning, design,
engineering, and environmental criteria, standards,
requirements and processes on a regular basis.
Implementation Strategies
1. Require the Harbor Patrol, as part of its administration of
moorings, to develop guidelines for visitor information,
• promotion and development of guest docks, anchorages,
hospitality, etc.
2. Establish guidelines to educate residents, visitors, and users of
the Harbor on the regulations, benefits, attractions and history
of the Harbor plus environmental protection measures
necessary to the quality of the Bay.
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
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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 Provide 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.
Objective
HB -5.5: Promote Newport Harbor and its amenities to the public consistent
with the goals for the Harbor environment and its users and •
residents.
Policy
HB- 5.5.1: Promote and market Newport Harbor to the widest
possible audience to promote uses compatible with
existing residential uses, the Harbor users,
environmental constraints and practical capacity
limits.
Implementation Strateev
Generate a Newport Harbor marketing plan aimed at maximizing
the revenue to the city and businesses consistent with the goals for
the Harbor environment and its users, namely residential,
commercial, and recreational.
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0 GLOSSARY
Aids to Navigation. Markers on water and land that identify navigation channels and /or
obstructions and hazards.
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.
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.
Gangway. An structure connecting fixed piers or bulkheads to floating docks, providing
pedestrian access.
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
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and retard the general erosion of the shoreline and undermining of shore protection
structures (bulkheads, riprap slopes, etc.) •
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; waterborne 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. Section 17 of the Newport Beach Municipal Code governing uses •
and activities within the Harbor
Harbor of Refuge. A harbor that may be used by any commercial or recreational craft to
seek shelter from storm wind and wave conditions, fog, or other inclement weather
conditions (Newport Harbor has been so designated by the State).
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 20.050 of the City of Newport Beach Municipal Code.
20 05102100
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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 Are An area designated for a group of moorings.
Newport Bay. All water area within Lower Newport Bay and Upper Newport Bay,
including all of the area bayward of the bulkhead lines or, if no bulkhead lines have been
established, bayward of the line of mean high tide.
Newport Bay, Lower. The area of Newport Bay south of Pacific Coast Highway.
Newport Bav, Upper. The area of Newport Bay north of Pacific Coast Highway.
Newport Harbor. All water within the 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 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.
Proiect 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
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05/02/00 3
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.
Water - Enhanced Use. Those waterfront or waterfront- adjacent land uses and activities
which 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.
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22 05102100
RULES OF PROCEDURES OF THE
HARBOR COMMISSION
CITY OF NEWPORT BEACH, CALIFORNIA
I. TITLE
The official title of this Commission shall be "Harbor Commission of the City of
Newport Beach, California."
II. MEMBERSHIP AND TERM
The Harbor Commission shall consist of seven members appointed and approved by the
City Council. Each member shall serve a term of four years, such terms to be on a
staggered basis. Pursuant to the City Council Policy A -2, Commission appointments can
be extended beyond one term when in the judgment of the Council, a reappointment
would recognize and extend an unusual contribution by the incumbent. In no event will
individual appointments to the Commission exceed two consecutive full terms, exclusive
of appointments to fill unexpired terms. City staff members are advisors to the
• Commission and do not have a vote.
III. POWERS AND DUTIES
The Harbor Commission shall have the power and be required to:
1. Approve, conditionally approve, or disapprove applications for harbor permits,
unless the authority for an administrative decision on a harbor permit is
specifically assigned to the Deputy City Manager.
2. Serve as an appellant and reviewing body for decisions of the Deputy City
Manager.
3. Make recommendations to the City Council concerning proposed harbor- related
public improvements.
4. Make recommendations to the Planning Commission and City Council
concerning land use and property development applications that may affect harbor
activities.
5. Make recommendations to the City Council for the adoption of regulations and
programs necessary for the ongoing implementation of the goals, objectives, and
policies of the Harbor Element of the General Plan.
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IV. OFFICERS 0
A. The offices of the Commission shall be:
1. Chairman, whose duties shall be to preside at all meetings, and to call all
special meetings, appoint committees, and perform all other proper duties
of a presiding officer.
2. Vice Chairman, who in the absence of the Chairman, or his inability to act,
shall preside at all meetings and perform all other duties of the Chairman.
3. Secretary, who in the absence of the Chairman and Vice Chairman, or
their inability to act, shall preside at all meetings and perform all other
duties of the Chairman. The Secretary shall also keep a written record of
all business transacted by the Commission, prepare the agenda of regular
and special meetings, arrange proper and legal notice of hearings, attend to
correspondence of the Commission, and such other duties as are normally
carried out by a Secretary. In his absence, the Secretary may delegate his
duties to the Deputy City Manager, and the Deputy City Manager shall be
known as the Ex- Officio Secretary of the Harbor Commission.
B. The Chairman, Vice Chairman, and Secretary shall be elected at the annual •
meeting of the Commission or an adjournment of that meeting, and shall hold
office for a period of one year or until their successors are elected. In the event an
office becomes vacant, a successor shall be elected to fill the remainder of the
unexpired term.
V. ADVISORS
The Chairman may, with the consent of the Harbor Commission, request the attendance
at Harbor Commission meetings of any officer or employee of the City to assist the
Commission in its deliberations in an advisory capacity.
VI. LOCATION OF MEETINGS
The Harbor Commission shall hold all of its meetings, whether the same shall be a
regular or special meeting or study session, in the [LOCATION], or in any such other
place after notice duly given, within the corporate limits of the City.
VII. TIME OF MEETINGS
A. The annual meeting of the Commission shall be the [FIRST/LAST] regular
meeting in [MONTH] of each year.
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• B. Regular meetings of the Commission shall be held on the [DAY OF THE WEEK]
[QUALIFIER (e.g., preceding the second and fourth Mondays)] of each month.
These meetings shall commence at the hour of [TIME] except that the Chairman
may call for said meetings to commence at an earlier hour when it is determined
that the Commission's workload warrants such earlier starting time. Proper notice
of such meeting shall be given according to the requirements of applicable law.
C. In addition to regular meetings, the Harbor Commission may convene a study
session to hear reports from the staff and review, discuss and debate general
harbor- related matters at a time and date determined by the Harbor Commission
chairman. No official action will be taken at a study session.
D. No agenda item shall be introduced after the hour of [TIME]. Furthermore, any
item introduced and being discussed by [TIME] and not concluded by [TIME]
shall be continued by the Harbor Commission to another date. The intent and
purpose of this policy is to facilitate maximum public participation and to
encourage a reasonable hour in which the Harbor Commission business is
discussed and to protect against fatigue in discussing and deciding important City
issues. The above time periods may be extended by motion approved by majority
vote of the Commissioners present.
• E. Any meeting may be adjourned from time to time by the majority vote of the
members present.
F. Special meetings may be held as deemed necessary at the request of the majority
of the members of the Commission or by call of the Chairman, Vice Chairman, or
Secretary; notice of such special meetings shall be posted and served upon all
members at least 24 hours before the special meeting, and to each local newspaper
of general circulation, radio, and television station requesting notice in writing.
The notice shall specify the time, place, and matters to be considered at the special
meeting, and only the matters specified may be considered.
VIII. AGENDAS
A. An agenda containing a brief description of each item of business to be transacted
or discussed shall be posted at a location freely accessible to the public at least 72
hours before each regular meeting. Study session agendas shall be distributed to
the public on the same basis as regular agendas.
B. All regular, adjourned, special meeting or study session of the Harbor
Commission shall be open to the public. Every agenda shall provide an
opportunity for members of the public to speak on any off - agenda item of interest
• to the public.
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C. No action may be taken on an off - agenda item unless (a) a majority of those •
Commissioners present determine that an emergency situation exists; or (b) two -
thirds of the Commissioners, or all of the Commissioners if less than two - thirds
are present, determine there is a need to take immediate action and that the need
for action came to the attention of the City subsequent to the posting of the
agenda; or (c) the item was included in a properly posted agenda for a prior
meeting occurring not more than five days prior to the meeting at which the action
is taken and the matter was continued to the meeting at which action is taken. It is
inevitable that subjects will arise, either during the course of consideration of
agenda items or during public comment, on which no action can be taken because
the circumstances outlined in (a) through (c) above do not exist. In such event,
the Chairman shall have the power to refer the matter to staff, or to place the item
on the agenda of a future meeting, or both.
IX. VOTING PROCEDURE
A. At any meeting of the Harbor Commission a majority of said Commission shall
constitute a quorum for the transaction of business. Every Commissioner should
vote unless disqualified by reason of a conflict of interest. A Commissioner who
abstains from voting is counted as being present and in effect consents that a
majority of those present and voting shall decide the question voted upon.
B. Any vote of the Commission, including a roll call vote, may be registered by the •
members by answering "YES" for an affirmative vote, or "NO" for a negative
vote upon the member's name being called by the Recording secretary, or by
pressing, a switch to cause a green light to show for an affirmative vote, or a red -
light to show for a negative vote upon a vote being called for by the Chairman.
The result of any vote registered by means of a lighting system shall be audible
announced by the Recording Secretary and recorded in the minutes as the vote. If
a member is present and does not cast a vote as described above, that member
shall be considered as abstaining.
C. Any Commissioner who is disqualified from voting on a particular matter by
reason of a conflict of interest shall publicly state or have the Chairman state the
nature of such disqualification in open meeting. Where no clearly disqualifying
conflict of interest appears, the matter of disqualification may, at the request of
the Commissioner affected, be decided by the other members of the Commission.
A Commissioner who is disqualified by reason of a conflict of interest in any
matter shall not remain in his seat during the debate and vote on such matter, but
shall request and be given the permission of the Chairman to step down from the
Commission table. A Commissioner stating such disqualification shall not be
counted as a part of the quorum and shall be considered absent for the purpose of
determining the outcome of any vote on such matter. •
D. Tie votes shall be lost motions and may be reconsidered.
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E. A motion to reconsider any action taken by the Harbor Commission (other than a
tie vote) must be made at the same meeting. The action was taken and may only
be made by one of the Harbor Commission members who voted with the
prevailing side.
X. ORDER OF BUSINESS
A. The order of business for regular, adjourned, or special meetings shall be:
1. Call to order by the Chairman.
2. Approval of minutes of preceding meeting.
3. Public comment.
4. Report from Staff confirming the posting of the agenda.
5. Consideration of matters on the agenda.
6. Matters which a member may wish to place on a future agenda.
• 7. Any other business which may properly come before the Commission.
8. Adjournment.
XI. CONDUCT OF MEETINGS
A. All meeting shall be conducted under the order of parliamentary procedure as
specified in the last revised edition of Robert's Rules of Order to the extent that
such rules are not in conflict with these Rules of Procedure.
B. All Commissioners shall address all questions and comments through the
Chairman.
C. All persons attending meetings of the Commission will be asked to identify
themselves, and address Commissioners or other persons present through the
Chairman.
D. Exhibits: All maps, letters and documents considered by the Commission at any
hearing shall become a part of the records of the Commission.
• E. Motion: Second Not Required. A motion by any member of the Commission
including the presiding officer, may be considered by the Commission without
receiving a second.
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F. Substitute Motions: A substitute motion may be made by any member of the
Commission after a motion is on the floor. The substitute motion will suggest a
different course of action or the opposite action of the main motion. No more
than two substitute motions can be placed on the table for consideration at the
same time. If the substitute motion fails, the main motion remains on the floor. If
the substitute motion passes, it will cancel out the main motion. Prior to voting
on the substitute motion, any member of the Commission may ask to have the
substitute motion treated as an amendment, in which case the substitute motion is
treated as an amendment.
G. If an applicant submits additional written or printed material for the Harbor
Commission's consideration less than seven (7) working days prior to the date of
the hearing on the matter, the Harbor Commission may continue the mater and the
applicant shall be deemed to have consented to such a continuance.
XII.
The chairman may appoint such committees as may be deemed necessary to carry out the
function of the Harbor Commission. Members shall serve at the pleasure of the
Chairman.
XIII. CORRESPONDENCE AND COMMUNICATIONS •
It shall be the duty of the Ex- Officio Secretary to draft and sign all correspondence
necessary for the execution of the duties and functions of the Harbor Commission as
hereinbefore stated in the rules of the Newport . Beach Harbor Commission.
XIV. ATTENDANCE
A. Regular attendance at meetings of the Harbor Commission is required of all
members to enable the Commission to discharge the duties imposed upon it by
law.
B. A Commissioner absent from three consecutive regular meetings without securing
the consent of the Commission, entered upon the minutes, shall be deemed to
have resigned.
C. The Secretary shall notify the City Council of such resignation and request, in the
name of the Commission, appointment of a new member to fill the unexpired term
of the member resigning.
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• XV. POLICY
All matters of policy not covered by law may be adopted as a "Resolution of Policy" and
when so adopted shall be considered as the official policy of the Commission.
XVI. AMENDMENT OF RULES
A. These rules may be amended or added to by four affirmative votes of the Harbor
Commission at a regular meeting.
B. No amendment of or addition to these rules shall be made unless notice in writing
of the proposed amendment or addition shall be filed with the Ex- Officio
Secretary at the next regular meeting preceding the meeting at which the motion
to change is made.
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