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Home My WebLink About2014-8 - Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier PermitsORDINANCE NO. 2014 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE SUBSECTION 17.60.030(A) RELATING TO RESIDENTIAL PIER PERMITS WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended ( "Beacon Bay Bill "), the City of Newport Beach ( "City ") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the Beacon Bay Bill and Title 17 of the Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to construct and maintain residential piers upon tidelands; WHEREAS, on February 14, 2013, the Newport Beach Dock Owners Association and Robert McCaffrey (collectively, "Association ") filed a complaint against the City alleging a violation of the Ralph M. Brown Act relating to the City's adoption of a resolution establishing fair market value rent for residential piers and a model residential pier permit; WHEREAS, the City disagrees with the Association's allegations and asserts that it has fully complied with all requirements of the Ralph M. Brown Act; WHEREAS, the parties have proposed a draft Settlement Agreement and Release to resolve all disputes and differences between them as to the claims set forth in Newport Beach Dock Owners Association, at al. v. Newport Beach City Council, at al. (Orange County Superior Court Case No. 30- 2013- 00630419- CU- WM -CJC); and WHEREAS, the draft Settlement Agreement and Release contemplates a potential revision to NBMC Subsection 17.60.030(A) relating to the issuance and renewal of residential pier permits. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: NBMC Subsection 17.60.030(A) is hereby amended to read as follows: A. Pier Permits. Upon the request of the abutting upland residential property owner, lessee or agent of the owner, and in accordance with all applicable laws, a residential pier permit shall be issued for up to ten (10) years. The City shall extend the term of any residential pier permit for up to ten (10) years upon: (i) permit expiration and the request of the owner, lessee or agent of the owner; or (ii) upon sale of the abutting upland property and the request of the new owner, lessee or agent of the owner. The maximum term of any permit issued hereunder, with extensions, shall be fifty (50) years. After fifty (50) years, the abutting upland residential property owner, lessee or agent of the owner shall be required to apply for a new residential pier permit. Section 2, The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25`h day of March, 2014, and adopted on the 8`" day of April, 2014, by the following vote, to wit: AYES. COUNCILMEMBERS Gardner, Petros, Curry, Henn, Daigle Hill NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None RECUSED COUNCILMEMSER: Selich ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY A NEY'S OFFICE ICCr AARON C.�HARP, CITY ATTORNEY Q—L RUSH N. HILL, II, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Cristal McDonald, Deputy 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. 2014 -8 was duly and regularly introduced on the 25th day of March, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of April, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Gardner, Petros, Curry, Henn, Daigle, Mayor Hill NAYS: None RECUSED: Selich IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of April, 2014. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } Deputy City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -8 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 daily newspaper of general circulation on the following dates: Introduced Ordinance: March 29, 2014 Adopted Ordinance: April 12, 2014 y� 9 In witness whereof, I have hereunto subscribed my name this —� day of�i' 2014. FORN�-d City Clerk City of Newport Beach, California (Seal)