HomeMy WebLinkAbout2019-64 - Adopting Revised City Council Policy H-1RESOLUTION NO. 2019-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REVISED CITY COUNCIL POLICY H-1
WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter,
Municipal Code, and adopted City Council Policies;
WHEREAS, at its June 11, 2019 meeting, the City Council directed staff to bring
back for review a revised Council Policy H-1 that provides direction to the Harbor
Commission;
WHEREAS, the revisions to Council Policy H-1, attached hereto as Exhibit 1 and
incorporated herein, provides clarity and direction to the Harbor Commission; and
WHEREAS, the City Council of the City of Newport Beach desires to revise Council
Policy H-1 as shown in the revised policy attached to this resolution as Exhibit 1.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby adopts Council Policy H-1 as shown in Exhibit
1.
Section 2: All prior versions of Council Policy H-1 that are in conflict with the
revisions adopted by this resolution are hereby repealed.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
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 resolution. The City Council
hereby declares that it would have passed this resolution, 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 invalid or unconstitutional.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Resolution No. 2019-64
Page 2 of 2
Section 6: The City Council finds the adoption of this resolution and the
amendment of the specified City Council Policies 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, Division 6, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of June, 2019.
Diane B. Dixon
Mayor
ATTEST
:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 — Revised City Council Policy H-1
HARBOR PERMIT POLICY
Background
H-1
Newport Beach Municipal Code Section 17.35.030(A) provides that piers and floats may
not extend beyond the pierhead line unless approved by Council policy.
Policy
Consistent with Title 17's purposes described in Newport Beach Municipal Code Section
17.05.020, the City Council's general policy is not to approve piers and floats beyond the
pierhead line. Limited exceptions exist as described in this Policy, but the Harbor
Commission is directed to use this general policy and the underlying purposes of Title 17
as a default rule that can only be excepted by making specific findings concerning such
exceptions.
The proper procedure for determining whether such exceptions exist is to hold a public
hearing in front of the Harbor Commission with a staff report that includes a staff
recommendation and accompanying materials that shall include, but are not limited to,
the application and materials supporting the staff recommendation. The Harbor
Commission shall consider the City's general policy as articulated herein and shall make
specific factual findings as to each of the categories of exceptions.
The applicant, or any interested person, shall have the right to appeal the Harbor
Commissions decision to the City Council in accordance with Chapter 17.65 of the
Municipal Code. Any individual City Council Member shall also have the right to call
for review the Harbor Commissions decision to the City Council in accordance with
Chapter 17.65.
The Harbor Commission, or the City Council considering an appeal or call for review,
may approve or conditionally approve a permit for a pier or float to extend beyond the
pierhead line if it is determined that: (1) the existing pier or float is already physically
encroaching beyond the pierhead line; (2) the existing pier or float was legally permitted
to encroach beyond the pierhead line; (3) the pier or float will not result in an increase in
the physical encroachment beyond the pierhead line that is greater than the existing
encroachment; (4) any boat utilizing the pier or float will not extend beyond the project
line or line at which it would currently be allowed, whichever is greater; and (5) the pier
or float will (i) preserve the diverse uses of the harbor and the waterfront that contribute
to the charm and character of Newport Bay, (ii) maintain or enhance public access to the
harbor water and waterfront areas, (iii) preserve or enhance the visual character of the
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H-1
harbor, and (iv) not negatively impact adjacent property owners and dredging of the
harbor.
Any permit issued by the City of Newport Beach before June 26, 2019, which allows an
existing pier or float to extend beyond the pierhead line, is ratified by the City Council
and may continue as valid until such time as a new permit for a pier or float is approved
and the pier or float is constructed pursuant to the new permit.
History
Adopted H-1 - 6-1-1964
Amended H-1 -10-19-1964
Amended H-1 -10-26-1964
Amended H-1 - 4-27-65
Reaffirmed H-1 - 8-30-1966
Amended H-1 -1-9-1967
Amended H-1 - 7-24-1967
Amended H-1 - 6-24-1968
Amended H-1 - 8-19-1968
Amended H-1 -12-23-1968
Amended H-1 -1-26-1970
Reaffirmed H-1 - 3-9-1970
Reaffirmed H-1 - 2-14-1972
Amended H-1 - 8-14-1972
Amended H-1 - 6-25-1973
Reaffirmed H-1 -12-10-1973
Amended H-1 -12-17-1973
Amended H-1 - 6-10-1974
Reaffirmed H-1 -11-11-1974
Amended H-1 - 3-10-1975
Amended H-1 - 4-28-1975
Amended H-1 - 5-27-1975
Amended H-1 -10-28-1975
Amended H-1 -12-8-1975
Amended H-1 - 5-10-1976
Amended H-1 -10-26-1976
Amended H-1 -11-22-1976
Reaffirmed H-1 -1-24-1977
Amended H-1 - 5-23-1977
Amended H-1 - 5-22-1978
Amended H-1 -12-11-1978
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Amended H-1 - 3-12-1979
Amended H-1 - 6-25-1979
Amended H-1 - 6-9-1980
Amended H-1 - 6-23-1980
Amended H-1 -11-23-1981
Amended H-1 - 6-28-1982
Amended H-1 -10-12-1982
Amended H-1 -10-25-1982
Amended H-1 - 6-27-1983
Amended H-1 -1-14-1985
Amended H-1 - 3-25-1985
Amended H-1 - 6-24-1985
Amended H-1 - 6-22-1987
Amended H-1 - 6-13-1988
Amended H-1 -11-28-1988
Amended H-1 - 6-26-1989
Amended H-1 - 9-25-1989
Amended H-1 -11-27-1989
Amended H-1 - 5-14-1990
Amended H-1 - 6-25-1990
Amended H-1 - 4-8-1991
Amended H-1 - 6-24-1991
Amended H-1 -10-28-1991
Reaffirmed H-1 -1-24-1994
Amended H-1 - 6-27-1994
Amended H-1 - 6-26-1995
Amended H-1 - 3-25-1996
Amended H-1 - June 8,1998
Amended H-1 -12-14-1998
Amended H-1 - 5-8-2001
Amended H-1 - 9-10-2002
Amended H-1 -10-28-2003
Amended H-1 - 4-13-2004
Amended H-1 -1-8-2008
Amended H-1 - 5-22-2018
Amended H-1 - 6-25-2019
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H-1
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; the foregoing resolution, being Resolution
No. 2019-64 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 25th day of June, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of June, 2019.
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Leilani I. Brown
City Clerk
Newport Beach, California