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Home My WebLink About04 - Council Policy H-1 - Harbor Permit PoliciesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 October 28, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Harbor Resources Division (City Manager's Office) Tom Rossmiller, Division Manager, 644 -3041 trossmiller@city.newport-beach.ca.us SUBJECT: Revisions to the City Council Policy Manual, H -1, Harbor Permit Policies, Sections, "Balboa Island" and "Moorings" ISSUE: Should the City amend its Harbor Permit Policy (H -1) as it relates to Balboa Island? RECOMMENDATION: Amend Council Policy H -1 per the attached proposed revisions. DISCUSSION: During the tenure of the Harbor Committee, two issues were brought to their attention relative to Council Policy H -1 and Balboa Island -- dock construction on the island and the size of vessels that can be berthed in residential docks. Dock Construction. The first issue dealt with dock construction on the island and application of H -1's section titled "Balboa Island" which states: "BALBOA ISLAND" "No new, non - commercial piers on Balboa Island shall be recommended unless it is in the public interest or unless it is at such a location that it is not usable for swimming or bathing. Piers presently in use may be repaired but recommendations for any additions or remodeling shall be restricted to such changes that do not lessen the use of either the immediate water or land areas. Whenever any application to install a new, non - commercial pier is to be taken under consideration, all occupants within 300 feet of the proposed work shall be notified in writing by the Harbor Resources Division." Council Policy H -1 Revisions October 28, 2003 Page 2 This wording, which has been in the Policy since 1964, was included to restrict dock construction and remodeling on the Island. The purpose of this restriction was to ensure that a significant percentage of the beach and water area on the Island remained available for recreational use by inland Island residents and visitors. Current concern with the section is in two areas. First, the language seems to provide for construction of new non - commercial piers if the location is not usable for swimming or bathing. Staff's position, supported by residents concerns, is that there is no area around the island that is unusable for swimming or bathing, and that the new non- commercial piers prohibition should be more restrictive. The second concern was with interpretation of the sentence, "Piers presently in use may be repaired, but recommendations for any additions or remodeling shall be restricted to such changes that do not lessen the use of either the immediate water or land area." In the past, revisions and remodeling of piers have been allowed if there was no increase in square footage. The issue raised was that even though there was no increase in square footage, a revision or a remodel had the potential to affect beach and water usage, particularly if it provided for the berthing of a larger vessel or multiple vessels. Size of Berthed Vessels. The second issue involved Vessel berthing on South Bay Front and application of H -1's section titled "Moorings B" which state: 'Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock or float." This is the general rule applied throughout the harbor regarding extension into the navigational channel. On South Bay Front, because of the location of the offshore mooring area (see photo), the navigational channel is the narrowest in the harbor (70 to 80 feet). With no limit on encroachment into the channel, other than the section quoted above and a harbor wide trend to berthing larger and larger vessels, a potential for navigational problem exists in this particular area. Discussions with the Harbor Patrol indicated that to date, no problems have occurred, but they concurred with the need for some limit in this particular area. Committee Action: To address these issues, the Harbor Committee asked staff to prepare new policy language for their review. New language was prepared and forwarded to the City Attorney for input. In the meantime, the Harbor Committee was disbanded and the Harbor Commission formed. After City Attorney input, the revised language (Exhibit A) was submitted to the Harbor Commission at their meeting in October 9, 2002. At the October 2002 meeting, the Commission approved the recommended changes to H -1 with a recommendation that the City Council also do so. Council Policy H -1 Revisions October 28, 2003 Page 3 Prior to submittal to the City Council, Harbor Resources Staff believed it appropriate to send additional public notice of the proposed revisions to the potentially affected harbor permittees. In that regard, all permittees on Balboa Island received notice of the revised policy language and the Harbor Commission's consideration of this issue at the regularly scheduled meeting on June 11, 2003. That meeting was held and the Harbor Commission is now referring the matter as outlined above to the City Council for their review and approval. The proposed revisions will affect dock usage and dock construction on Balboa Island and Little Balboa Island. Grand Canal will not be affected. It is a unique area on the island and has its own section of H -1. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Not applicable Prepared by: ��1-�-. Tom Rossmiller, Harbor Resources Manager Submitted by: c> 6A Lq� Dave Kiff, Assistant City Manager Attachments: Proposed Revisions to H -1 (underline text denotes additions, struck out text denotes deletions) NEWPORT BEACH CITY COUNCIL HARBOR PERMIT POLICIES MOORINGS Council Policy h October 28, 2003 Page 4 A. Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20 -C. B. Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock or float. Between bulkhead station 256, beginning at Collins Ave. to bulkhead station 255 boats moored at a pier dock or float shall not extend more than 15' bayward from the end of the pier dock or float. C. Mooring Fees for both onshore and offshore moorings shall be set annually by Resolution of the City Council. BALBOAISLAND A. No new, non - commercial piers on Balboa Island shall be approved Feeeffiffiended unless A -is-in the public interest or nless it is at sueh a leeatien that it is not usable faF swimFning or bathing. New non - commercial piers, if approved, shall be constructed in strict conformance with this Policv and standard drawinqs. Piers presently permitted ins may be maintained and repaired upon securing a maintenance permit. but Feeemmendatiens fe Aany additions revision of an existing Bier or float ef Femodeling shall be in strict conformance with this Policy and shall not be approved if the addition or revision would, in comparison to changes the existing structure, further restrict or impair lessen the up blic's use of either the bay or beach in the vicinity of the pier or floats. immediate land aFeas. Whenever any applicatien to install a new, nen eernmeFeial pier is te be B. Revision to existing structures shall be limited to the following: 1. The overall square footage of the revised structure shall be equal to or less than the square footage of the permitted structure; and 2. The revised structure does not extend landward more than the permitted structure; and Council Policy H -1 Revisions October 28, 2003 Page S 3. The revised structure does not extend beyond the City permit line (the U.S. Pierhead line or such other ba)ward extension of the permit area that is permitted by this Policy. 4. The revised structure is wholly within the original permitted area as specified in the existing permit on file with the City. C. Whenever any application to install a new, non - commercial pier or revise an existing_ pier is submitted to the Harbor Commission all property owners (according to the latest equalized assessment roll prepared by the County of Orange and available to of the pending application The applicant shall provide the Harbor Commission with a list of property owners and envelopes addressed with postage prepaid Q cC C O A V O a L a. L O L O m