HomeMy WebLinkAbout2018-5 - Amending Newport Beach Municipal Code Chapter 17.35 Relating To the Prohibition of Piers and Floats in Certain Areas of Newport HarborORDINANCE NO. 2018-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT
BEACH MUNICIPAL CODE CHAPTER 17.35 RELATING
TO THE PROHIBITION OF PIERS AND FLOATS IN
CERTAIN AREAS OF NEWPORT HARBOR
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
and commercial piers upon tidelands;
WHEREAS, Council Policy H-1 provides for the extension of piers and floats
beyond the pierhead line;
WHEREAS, on May 22, 2018, City Council made significant changes to Policy H-
1, which, among other things, removed language prohibiting piers and floats in certain
parts of Newport Harbor; and
WHEREAS, the City desires to maintain the status quo for existing piers and floats,
while protecting and preserving the interests of property owners in Newport Harbor.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: NBMC Section 17.35.030 is hereby amended to read as follows:
A. Piers and floats may not extend beyond the pierhead line
unless approved by Council policy as may be amended
from time to time.
B. Piers and floats shall not be permitted on the north side of
the channel south of Bay Island.
C. Piers and floats shall 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.
D. Piers and floats shall 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.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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 unconstitutional.
Ordinance No. 2018-5
Page 2 of 3
Section 4: 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 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: 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 shall be effective thirty (30)
calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 22nd day of May, 2018, and adopted on the 12th day of
June, 2018, by the following vote, to -wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council
Member Diane Dixon, Council Member Scott Peotter, Council Member Brad
Avery, Mayor Pro Tem Will O'Neill
1011_\'[.NONI
ABSENT:
RECUSED: Mayor Duffy Duffield
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED RM:
CITY ATT E S FFICE
AARON , CITY ATTORNEY
CF6,
MARSHALL "DUFFY" DUFFIELD, MAYOR
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. 2018-5 was duly introduced on the 22nd day of March, 2018, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 12th day of June, 2018, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member
Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro
Tem Will O'Neill
NAYS: None
RECUSED: Mayor Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of June, 2018.
WIN
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
AL1 Fool.
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. 2018-5 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:
2018.
Introduced Ordinance: May 26, 2018
Adopted Ordinance: June 16, 2018
In witness whereof, I have hereunto subscribed my name this 9 day of
PO
Leilani I. Brown, MMC
t' City Clerk
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