HomeMy WebLinkAbout2019-98 - Adopting a Revised City Council Policy H-1 "Harbor Permit Policy”RESOLUTION NO. 2019-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
REVISED CITY COUNCIL POLICY H-1 "HARBOR
PERMIT POLICY"
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 25, 2019 meeting, the City Council revised City Council
Policy H-1 and directed the Harbor Commission to review the proposed changes;
WHEREAS, on October 9, 2019, the Harbor Commission reviewed and approved
proposed changes for City Council consideration. The revisions to City Council Policy H-
1, which is attached hereto as Exhibit 1 and incorporated herein by reference, provide
clarity and direction; and
WHEREAS, the City Council of the City of Newport Beach desires to revise City
Council Policy H-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, which is incorporated herein by reference.
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revisions adopted by this resolution are hereby repealed.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.
Resolution No. 2019-98
Page 2 of 2
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.
Section 6: The City Council finds the adoption of this resolution and the
amendment of City Council Policy H-1 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 5th day of November, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
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APPROVED AS TO FORM: Z/ ZP02Rt%
CITY TTORNEY'S OFFICE
C. �--
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 — Revised City Council Policy H-1
EXHIBT 1 H-1
HARBOR PERMIT POLICY
Background
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
Commission's 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 Commission's 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 bayward beyond
the pierhead line if it is determined that all of the following conditions are met:
1. The existing pier or float is currently encroaching bayward beyond the pierhead line;
2. The existing pier or float was previously permitted to encroach bayward beyond the
pierhead line;
3. The pier or float will not encroach any further bayward beyond the pierhead line than
the existing encroachment beyond the pierhead line;
H-1
4. Any vessel utilizing the pier or float will not extend bayward beyond the project line
or line at which the vessel would currently be allowed, whichever is greater; and
5. The pier or float will:
a. Preserve the diverse uses of the harbor and the waterfront that contribute to the
charm and character of Newport Harbor;
b. Maintain or enhance public access to the harbor waterways and waterfront
areas;
c. Preserve or enhance the visual character of the harbor; and
d. Not negatively impact adjacent property owners, navigation and future harbor
dredging.
Any permit issued by the City of Newport Beach before June 26, 2019, which allows an
existing pier or float to extend bayward 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.
For those piers and floats in areas where pierhead lines do not exist or in areas not
otherwise clearly defined by the criteria within this Policy, staff may consider approving
those pier and float projects if the reconstruction is like -for -like, including any upgrades
required to meet current code and building standards, and if the existing pier or float
configuration was previously permitted.
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
►JI
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
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
3
H-1
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 - 06-8,1998
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
Amended H-1 -11-5-2019
4
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. 2019-98, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 51h day of November, 2019; and the same was so passed and adopted by the
following vote, to wit.-
AYES:
it:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Jeff Herdman
NAYS: None
RECUSED: Council Member Duffy Duffield
ABSENT: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 611 day of November, 2019.
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Leilani I. Brown "
City Clerk
Newport Beach, California
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