Loading...
HomeMy WebLinkAbout2001-45 - Adopting the Harbor Element - GPA 2000-002CRESOLUTION NO. 2001-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A HARBOR ELEMENT OF THE GENERAL PLAN [GPA 2000 -002 (C)] WHEREAS, pursuant to Section 65303 of the California Government Code, allows the General Plan to include any optional elements that relate to the physical development of the City; and WHEREAS, the Harbor and Bay Element is necessary to control the content of Harbor Regulations and Harbor Permit Policies and to assist in land use decisions related to properties adjacent to Newport Bay; and WHEREAS, on May 17, 2001, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHERAS, the Planning Commission of the City of Newport Beach recommended approval of General Plan Amendment No. 2000 -002 (C); and WHEREAS, on June 12, 2001, the City Council of the City of Newport Beach held a duly noticed public hearing regarding the proposed Harbor and Bay Element; and WHEREAS, Pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment; therefore, a Negative Declaration has been prepared. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The General Plan shall be amended in include the Harbor and Bay Element provided as "Exhibit A." SECTION 2: Based upon the information contained in the Initial Study, comments received, and all related documents, the City Council finds that there is no substantial evidence that the project could have a significant effect on the environment and hereby approves a Negative Declaration. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 12, 2001, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Glover 4NWW%W. 079R-� MAYOR 0-04*31 CITY CLERK City of Newport Beach General Plan Harbor and Bay Element INTRODUCTION There have been visions for Newport Bay ever since the steamer Vaquero entered the bay in 1870. Over the decades, public and private initiatives enhanced and improved the natural resources of the Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with the recreational boaters, restaurants and waterfront homes. While the days of fish canning and shipbuilding are gone, the recreational boating and visitor serving industry has flourished alongside waterfront residences. Newport Bay has been blessed with a variety of uses and industries that have given the harbor a special charm and character while providing the services necessary to sustain one of the world's great small boat harbors. The principal goal of the Harbor and Bay Element is to establish policies and programs that will preserve this diversity and charm without unduly restricting the rights of the waterfront property owner. RELATIONSHIP TO STATE LAW The Harbor and Bay Element is an optional element of the General Plan of the City of Newport Beach. The State Zoning and Planning Act 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." (Section 65303 of the Government Code). RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Harbor and Bay Element is one of the elements that comprise the City's General Plan. The Harbor and Bay Element focuses on the uses of the water and waterfront property in Newport Harbor and supplements provisions of the Land Use and the Recreation and Open Space Elements. 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 (LCP). The LCP establishes land use policies and implementing ordinances that conserve and enhance the coastal resources within a community. The City has adopted, and the Coastal Commission has approved, the Land Use Plan component of the LCP but has not yet adopted all of the implementing ordinances necessary to approval of a certified LCP. The Harbor and Bay Element is intended to provide general policy guidance with respect to a specific portion of the City within the Coastal Zone but is not intended to supplant or I Exhibit A - 05/17/01 modify the Land Use Plan of the City's LCP. Certain policies in the Land Use Plan of the LCP are referenced in this element. RELATIONSHIP TO CITY ORDINANCES AND POLICIES The Harbor Element is intended to control the content of Harbor Regulations and Harbor Permit Policies related to development of, and the activities conducted on, that portion of the Harbor bayward of the bulkhead or the line of mean high tide. The Harbor Element will be considered in land use decisions related to properties adjacent to Newport Bay. Low 2 Exhibit A - 05/17/01 GOAL HB -1: DIVERSITY OF USES Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. The following are some of the uses that contribute to the diversity and charm of Newport Bay and should be preserved and enhanced where possible: Water- dependent and water - related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. 2. Water- dependent and water - related commercial activities such as 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 uses such as, but not limited to, restaurants and retail stores. 4. Waterfront public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of, Newport Harbor. 5. Waterfront residential communities. Objective HB -1.1: Ensure that water dependent and water related uses and recreational activities remain a primary use of the Harbor. Policies HB- 1.1.1: Designate water- dependent uses /activities as the highest priority, water - related uses /activities as the second priority, and water - enhanced uses/activities as the third priority. HB- 1.1.2: When reviewing proposals for land uses changes, the City shall consider the impact on water- dependent and water - related land uses and activities and the importance of providing adequate sites for facilities and services essential to the operation of the Harbor. This shall include not only the proposed change on the subject property, but also the potential to limit existing land uses, activities, facilities, and services on adjacent properties. However, in no case, 3 Exhibit A - 05/17/01 shall the protection of such land uses, activities, facilities, and services deny an owner viable economic use of the property. HB- 1.1.3: In considering the essential nature of land uses that support the Harbor, the City shall consider whether or not the use can be relocated elsewhere and/or technological advances that may render the use obsolete within the foreseeable future. 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 while respecting the property rights of waterfront owners /lessees. 2. Consider amendments to the Recreational Marine Commercial land use designation and zoning district to provide incentives for water dependent and water related uses such as floor area and parking waivers, density transfers, density bonuses, transfer of development rights and fee waivers. 3. Explore development of a program to upgrade public parking and public access for all waterfront uses. 4. Utilize long term tideland leases as a mechanism for encouraging the retention of water dependent and water related uses with variable rent schedules depending on the nature and intensity of the waterside facilities and uses. 5. Continue to offer City sponsored water dependent recreational and educational programs and continue to sponsor and/or support the various organized water recreational uses by the private organizations that conduct events such as the Sea Scout Base, collegiate rowing clubs and yacht clubs. 6. Continue to provide, and enhance when feasible, support facilities for 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. 7. Continue to coordinate harbor event planning through appropriate agencies, such as the Harbor Resources Division of the City 4 Exhibit A - 05/17/01 Managers office, the Community Services Department, the Harbor Commission and the Harbor Patrol. 8. 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. 9. Continue to sponsor and/or support all youth oriented water sports programs and facilities and encourage participation in such events and activities. Objective HB -1.2: Preserve existing commercial uses in the Harbor to the extent necessary to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters and other water dependent activities. Policies HB- 1.2.1: Support continued operation of passenger /sightseeing boats, passenger fishing boats ( "day boats "), and long -term boat rentals and sales. HB- 1.2.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft and encouraging the Harbor Patrol to enforce laws designed to protect the public. HB- 1.2.3: Support continued operation of entertainment boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as impaired water quality, reduced visual quality, excessive noise, unsafe traffic conditions, or parking shortages, on the environment or on other uses available for other users. HB -1.2.4 Ensure that land use regulations applicable to waterfront property continue to allow a wide variety of water dependent, water related and water enhanced uses. HB -1.2.5 Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities, with due regard for changes in the boating industry and the rights of property owners /lessees. 5 Exhibit A - 05/17/01 Implementation Strategies 1. Develop strategies to preserve uses that provide essential support for the vessels berthed or moored in the Harbor. The strategies must be feasible, cost effective, and respect the property rights of waterfront owners and lessees. The strategies may include parking waivers, development transfers, density bonuses and voluntary purchase of conservation easements. 2. Continue to offer educational and recreational programs that provide public awareness of, and access to, water dependent recreational activities. 3. Continue to work with the various community and business associations such as the Balboa Village Merchants & Owners Association, Mariners Mile Business Owners Association and the Newport Pier Association as well as the vessel owners /operators to provide for the parking needs of the patrons of sportfishing boats, passenger and sightseeing vessels, and boat rentals. 4. Enforce existing ordinances and, if necessary, establish new standards for the operation of entertainment, sportfishing and work boats to ensure that the operations do not adversely impact water quality or generate excessive pollution, noise, traffic congestion or parking shortages. 5. Consider the use of long -term tideland leases, rather than the current system of issuing annual harbor permits, as the mechanism for authorizing the maintenance or construction of piers, floats and structures on tidelands. Consider use of leases as an additional mechanism for identifying and enforcing Harbor Ordinances and Harbor Policies. 6. Encourage programs that educate boaters and property owners on safe boating and berthing practices integrated with a permit/lease enforcement component that will protect the public health and safety as well as the rights of other users and owners/lessees. 7. Establish special operating conditions for special events such as the Christmas Boat Parade and other activities that are seasonal, recurring and unique to the Harbor, but which may require special controls on access, parking, noise and 6 Exhibit A - 05/17/01 other factors to minimize impacts on residential areas and other users. Objective HB -1.3: Provide a variety of vessel berthing and storage opportunities. Policies HB- 1.3.1: Continue to provide shore moorings and offshore moorings as an important source of low -cost public access to the water and Harbor. HB- 1.3.2: Preserve, and expand when feasible, marinas and dry boat storage facilities. HB- 1.3.3: Provide anchorages in designated areas, which minimize interference with navigation and where shore access and support facilities are available. HB- 1.3.4: Adopt and enforce the ordinances that require moored and docked vessels to be seaworthy and navigable and thereby preserve the positive image of the Harbor and promote public use of the water. HB- 1.3.5: Maintain existing guest docks and encourage addition of guest dock capacity at City facilities, yacht clubs and at privately owned - marinas, restaurants and other appropriate locations. HB -1.3.6 Allow "live - aboards" subject to restrictions on the number of "live - aboards" as well as restrictions to protect the environment, the public and waterfront owners /lessees such as regulations prohibiting excessive noise and illegal waste disposal. HB -1.3.7 Continue to authorize, pursuant to permit, license or lease, existing piers and docks bayward of waterfront residential properties subject to appropriate conditions that ensure compatibility with residential uses. Implementation Strategies 1. Consider a policy of authorizing waterside improvements such as piers, docks and floats through long -term tideland leases that allow 7 Exhibit A - 05/17/01 waterfront owners /lessees to obtain financing for improvements to and enhancements of commercial piers and floats. 2. Provide, and regularly update, standards for construction and maintenance of marinas that represent industry standards. 3. Facilitate necessary periodic dredging for safe navigability and access to marinas, for vessel berthing and beach nourishment by working to obtain Harbor -wide maintenance dredging permits from all agencies with jurisdiction over the Harbor. 4. Enforce the derelict boat ordinance by regular inspections and strengthen or refine it periodically to accomplish its objectives. Objective HB -1.4: Preserve and encourage enhancement of existing commercial areas, including the redevelopment of outdated or antiquated commercial development, in a manner that maintains the charm and character of the Harbor. Policies HB- 1.4.1: Preserve and/or enhance existing water - enhanced, water related and water - dependent commercial uses and marine oriented commercial areas through land use regulations and programs that preserve the charm and character of the Harbor while respecting the rights of other users. HB- 1.4.2: Encourage redevelopment of outmoded or antiquated Harbor commercial uses as part of an overall program to revitalize the older commercial and marine oriented areas, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. Implementation Strategies 1. Identify and define the unique water - enhanced and water - dependent characteristics and potential of Harbor commercial uses and commercial -use districts in terms of special uses, architecture and design guidelines. 2. Provide development incentives such as density bonuses, parking waivers, transfer of development rights and fee waivers as well as public facility support, such as shared parking, to existing and 8 Exhibit A - 05/17/01 redeveloped uses /projects which best typify the nautical character and charm of the Harbor and serve the users of the Harbor. 3. Existing and new commercial uses and commercial complexes should be encouraged to provide, as a part of any proposal for new development, when feasible and compatible with nearby uses, waterfront pedestrian areas and guest or water taxi docking between the bulkhead and pierhead lines. Objective HB -1.5: Maintain and enhance existing marine support uses and encourage and provide incentives for retention and expansion of these uses. Policies HB- 1.5.1: Preserve, and enhance or expand when feasible, existing marine support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels. HB- 1.5.2: Encourage the development and operation of new marine support uses. HB- 1.5.3: Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that not are provided by the public sector and that are essential to the operation of a working harbor. HB- 1.5.4: Encourage development of waterfront facilities that accommodate displaced water- dependent uses. Implementation Strategic Identify and define the unique water- dependent characteristics of marine support uses and establish specific land use and design standards and incentives for retention and enhancement of these uses while respecting property rights. Land use incentives may include a density bonus, waiver of parking requirements and reduced rent for waterside facilities. 2. Encourage new development or redevelopment to integrate existing marine support uses into proposed development whenever feasible by granting density bonuses, floor area waivers, fee waivers, parking waivers and other incentives. 9 Exhibit A - 05/17/01 3. 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. 4. When necessary to preserve water dependent marine support uses that are essential to the ability of the Harbor to serve the needs of recreational boaters or other users, such as boat haul -out facilities, consider providing financial support to a waterfront owner or long term lessee if, and only if: (a) financial support is expressly requested in writing by the owner or lessee; (b) in consideration of the financial support the City acquires a conservation easement or similar property interest that would preserve the use; (c) in the event that a conservation easement or other restriction is acquired from a lessee, the term of the easement or restriction shall not exceed the term of the lessee's interest in the property. GOAL HB -2: PUBLIC ACCESS 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: Encourage the expansion and improvement of 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. HB- 2.1.2: Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and 10 Exhibit A - 05/17/01 docking facilities, that serves as the identity and activity "center" of Newport Harbor for special events of community /regional interest. HB- 2.1.3: Encourage the expanded development of waterfront public pedestrian access systems and facilities such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on adjacent streets with due regard to protection of property and property rights. 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: New or improved public access facilities shall be consistent with the infrastructure holding capacity and compatible with existing land uses. HB- 2.1.6: Encourage an increase in the capacity and availability of day use and overnight dockage in commercial areas with restroom facilities provided within the Harbor by public and private entities subject to appropriate restrictions to protect water quality. HB- 2.1.7: Encourage new and improved facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump -out stations and other features, through City, County, and private means. Implementation Strateeies 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. Provide a comprehensive system of directional and informational signage for the Harbor perimeter vehicular and pedestrian access systems and related parking, land and water transportation facilities serving the Harbor and its uses. I I Exhibit A - 05/17/01 3. 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. 4. Provide adequate landside and waterfront access to anchorages, offshore and onshore moorings through dinghy launch, dinghy storage, and public parking facilities throughout the Harbor. 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 that are located in the Harbor, and that 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, waiting areas, pedestrian access, parking, etc) that 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 1. Identify and define the unique water - dependent characteristics and potentials of Harbor water transportation uses, and establish guidelines and incentives for retention and 12 Exhibit A - 05/17/01 enhancement of these uses and their necessary land and water equipment and facilities. 2. Provide development incentives (water access, fee waivers, parking waivers, density bonuses 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. Establish land use and development controls and restrictions limiting potential changes that would adversely affect established Harbor water transportation uses. 4. Adopt land use and development incentives that will 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. 5. 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. GOAL HB -3: WATER QUALITY AND THE ENVIRONMENT Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay. Objective HB -3.1: Protect, preserve and enhance the natural wildlife and plant -life in and around Upper and Lower Newport Bay. HB -3.2 Enhance the water quality in Upper Newport Bay and Newport Harbor. Policies HB- 3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor 13 Exhibit A - 05/17/01 HB- 3.1.2: Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and local standards for human body contact and will allow the marine environment to survive and flourish. HB -3.1.3 Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain /enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. HB -3.1.4 Provide opportunities and facilities for visual interaction and educational opportunities for appreciation and protection of the wildlife and plant -life of the Upper Bay and Newport Harbor and the importance of water quality to the protection of the marine environment. Implementation Strategies 1. Actively promote and pursue all legislative avenues needed for protecting and funding of the resources of the Upper Newport Bay and Newport Harbor. 2. Actively enforce Federal, State and local water quality requirements including those that regulate discharges from both point and non -point sources. 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 stakeholders in the San Diego Creek watershed. 4. Participate in the Newport Bay Watershed planning activities to promote upstream management of pollutants to the Bay and sedimentation. 5. In cooperation with other agencies, implement the Total Maximum Daily Loads established for various pollutants by order of the Santa Ana Regional Water Quality Control Board. 6. Develop facilities to educate the public on the importance of water quality to the preservation of the natural resources in 14 Exhibit A - 05/17/01 Upper Newport Bay and Newport Harbor. The facilities should include water quality testing labs and the curriculum should be designed to educate adults and children of all ages on the importance of water quality to the vitality of the ecosystems in Newport Harbor and Upper Newport Bay. GOAL HB -4: VISUAL CHARACTER 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 (such as erosion and accretion) 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 allowed and designed to protect the character of the existing beach profiles found around the Harbor and island perimeters. Objective HB -4.2: Maintain unique historical resources of Newport Harbor. Policy HB- 4.2.1: Encourage the retention and enhancement of unique buildings, building complexes, uses, and activity centers that have served as recognized "landmarks" and "icons" in the physical development/appearance and cultural history of the Harbor. 15 Exhibit A - 05/17/01 Implementation Stratenv 1. Identify areas and buildings representative of the history of Newport Harbor, and encourage their preservation and reuse, when feasible. 2. Consider adoption of ordinances that provide incentives to the retention of historic structures, such as parking waivers, floor area waivers and designations that can result in tax credits. 3. Consider adoption of a voluntary program pursuant to which the City would acquire property rights such as architecture or fagade easements when requested by the property owner and funds are available. GOAL HB -5: ADMINISTRATION Provide for the ongoing administration and maintenance of the Harbor and Bay. Objective HB -5.1: Promote ongoing coordination between the City, County, and State and Federal agencies having regulatory authority in the Harbor and Bay. Policies HB- 5.1.1: Prepare and distribute information to those who use, work in, or own property around the Harbor that promotes the goals and objectives of this Element. HB- 5.1.2: Coordinate and update all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes on a regular basis. Implementation Strategies 1. Consider the formation of a Harbor Commission to serve as an advisory and/or decision - making body for Harbor Permits, Harbor related improvements, and other issues as deemed appropriate by the City Council. 16 Exhibit A - 05/17/01 2. Prepare a reference document that provides a summary of information (including a single point of contact) that will help waterfront owners, marine contractors and others involved in harbor construction and harbor activities understand and comply with all Harbor and Bay regulatory and permitting processes. 3. Prepare a document that provides vessel owners and visitors with information (accessible by radio, telephone and/or other electronic media) on temporary mooring and guest dock availability /reservations, vessel services such as the location of pump -out stations, contacts in the event of an emergency (such as fuel or sewage spills) and harbor attractions. 4. Encourage the Harbor Patrol, as part of its administration of moorings, and in coordination with the Harbor Resources Division, to provide visitor information as specified in Implementation Strategy No. 3. 5. Establish and enforce standards and guidelines for various harbor activities and uses (and related shore -based activities, such as docking, boarding, and parking) that generate noise, traffic congestion or parking shortages to minimize the impact of those uses and activities on other waterfront owners /lessees. Objective HB -5.2: Provide the capability within the Harbor to locate water - dependent harbor maintenance equipment and facilities with harbor access. Policies HB- 5.2.1: Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. HB- 5.2.2: Work with other controlling agencies within the Harbor, and/or the Bay, to define an area that can support harbor maintenance facilities and equipment. 17 Exhibit A - 05/17/01 HB- 5.2.3: 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, dredging, 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. Objective HB -5.3: Maintain and enhance navigation channels, public and private vessel berthing areas and beaches. Policies HB- 5.3.1: Maintain public Bay beaches through beach nourishment 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- 5.3.2: Pursue means of sand retention (in addition to beach nourishment) when possible and cost effective, with minimum disruption to beach continuity and visual aesthetics. HB- 5.3.3: 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. Implementation Strategies 1. Establish a comprehensive program for the monitoring and nourishing beaches, including the identification of cost - effective sources of sand of sufficient quality to produce a stable beach profile. 18 Exhibit A - 05/17/01 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. 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 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 Encourage 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. 19 Exhibit A - 05/17/01 3. Implement a tideland leasing program pursuant to which waterfront property owners /lessees enter into long term tideland leases with rental rates that reflect the nature and intensity of permitted uses and activities and security for funding enhanced or expanded facilities. GLOSSARY 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. 20 Exhibit A - 05/17/01 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 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, 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. Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor 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 20.05.050 of the City of Newport Beach Municipal Code. 21 Exhibit A - 05/17/01 Moorin . 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 Area. An area designated for a group of moorings. Newport Bay. The terms "Newport Bay" and "Newport Harbor" 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). Newport 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. 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 provided 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. Project 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 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 22 Exhibit A - 05/17/01 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, including restaurants and residential uses that 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 coastal1offshore ferry services, in- harbor water taxi services, docking, parking, offices and other water and land support facilities. 23 Exhibit A - 05/17/01 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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 resolution, being Resolution No. 2001 -45 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of June, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of June, 2001. (Seal) j� 71/hP U 1. City Clerk Newport Beach, California