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Home My WebLink About07 - Approving Revisions to City Council Policy H-1 Recommended by the Harbor CommissionQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 14, 2021 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Carol Jacobs, Assistant City Manager - 949-644-3313, cjacobs@newportbeachca.gov PREPARED BY: Paul Blank, Harbormaster, pblank@newportbeachca.gov PHONE: 949-270-8158 TITLE: Resolution No. 2021-74: Approving Revisions to City Council Policy H-1 Recommended by the Harbor Commission ABSTRACT: City Council approval is requested for the recommended revisions to City Council Policy H-1, approved at the July 14, 2021 Harbor Commission meeting. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-74, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy H-1 "The Harbor Permit Policy" DISCUSSION: Background Earlier this year, the City Council requested that the Harbor Commission review Policy H-1 and recommend changes that may allow the Harbor Commission to approve dock permit applications that cannot otherwise be approved by staff. The City Council also directed the Harbor Commission to review the recent changes adopted in 2020 and to make recommendations to the City Council regarding any proposed revisions thereto. The Harbor Commission established a subcommittee at its February 10, 2021 meeting, to review the H-1, Harbor Permit Policy. The subcommittee's purpose was to clarify the policy's intent and recommend improvements and a process that support staff and the Harbor Commission when considering future applications for dock extensions and reconfigurations. 7-1 Resolution No. 2021-74: Approving Revisions to City Council Policy H-1 Recommended by Harbor Commission September 14, 2021 Page 2 City Council Policy H-1 The purpose of City Council Policy H-1 is to provide guidance on Newport Beach Municipal Code Section 17.35.030(A) which states: "Piers and floats may not extend beyond the pierhead line unless approved in compliance with City Council policy as may be amended from time to time". The policy is intended to lay out the process for exceptions to this code section. The City Council Policy was established in 1964 and has been revised 62 times since then. City Council Policy H-1 provides criteria for staff and the Harbor Commission when making decisions regarding construction of piers and floats within Newport Harbor, specifically the distance piers extend bayward throughout the harbor. Recommended Revisions The revisions were unanimously recommended by the Harbor Commission at its meeting on July 14, 2021. Initially submitted for Council approval at the August 24, 2021 City Council meeting, the matter was continued to ensure consistency between what was approved by the Harbor Commission and what the Council has before it. Subsequent revisions to the version approved by the Commission on July 14 were related to formatting for consistency with other Council policies. Upon further review with Harbor Commission Chair Bill Kenney, H-1 Ad Hoc subcommittee member Commissioner Don Yahn, and the City Attorney's Office, with one small exception, the revisions were determined not to be substantive in nature. The one substantive change was the use of "and" versus "or" in the finding that reads: B. The existing pier or float was previously permitted to encroach bayward beyond the pierhead line and or is in substantial conformance with the existing City -issued permit; The recommended revisions give the Harbor Commission more flexibility and discretion to approve structures that were not built exactly in accordance with an existing permit, but have extended bayward beyond the pierhead line for some time. The recommended revisions also give staff more authority to approve structures that are being replaced with a structure of the same square footage or less, and of a substantially similar configuration. FISCAL IMPACT: There is no fiscal impact related to this item. 7-2 Resolution No. 2021-74: Approving Revisions to City Council Policy H-1 Recommended by Harbor Commission September 14, 2021 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2021-74 7-3 ATTACHMENT A RESOLUTION NO. 2021-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING AND RENAMING CITY COUNCIL POLICY H-1, "THE HARBOR PERMIT POLICY" WHEREAS, the City of Newport Beach ("City") is governed, in part, by the Charter of the City of Newport Beach, Newport Beach Municipal Code, and adopted City Council Policies; WHEREAS, at the July 14, 2021 Harbor Commission meeting, the Harbor Commission, by a majority vote (5 ayes, 0 nays), recommended the City Council approve an amendment to City Council Policy H-1, to provide clarity and greater direction; and WHEREAS, the City Council 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 an amended Council Policy H-1, formerly known as the Harbor Permit Policy, which is attached hereto as Exhibit "A," and incorporated herein by reference. Section 2: All prior versions of Council Policy H-1 that 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. 7-4 Resolution No. 2021-74 Page 2 of 2 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 (" CEQX) 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 14th day of September, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATT,9,RNEY'S OFFICE Aa r6n City A Attachment: Exhibit A — Amended City Council Policy H-1 7-5 EXHIBIT A H-1 PIER AND FLOAT EXTENSIONS BEYOND THE PIERHEAD LINE Background Newport Beach Municipal Code (NBMC) Section 17.35.030(A) provides that piers and floats may not extend bayward beyond the pierhead line unless approved in compliance with Council policy. This Policy sets forth the specific criteria, as a limited exception to the general rule set forth in Section 17.35.030(A) of the NBMC, where a harbor development permit and/or approval in concept for a pier or float to extend beyond the pierhead line may be granted. Section I of this Policy sets forth the circumstances wherein the Harbor Commission, and/or City Council upon appeal or call for review, may approve a pier or float to extend bayward beyond the pierhead line. Section II of this Policy sets forth the circumstances wherein the Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve a harbor development permit and/ or approval in concept, pursuant to this Policy. I. Harbor Commission/City Council Review and Findings Required for Approval After holding a public hearing and considering a staff report and accompanying materials that include, but are not limited to, the application and materials supporting the staff recommendation, the Harbor Commission, or the City Council on appeal or call for review, may approve or conditionally approve a harbor development permit and/or approval in concept for a pier or float to extend bayward beyond the pierhead line upon making all of the following findings: A. The existing pier or float is currently encroaching bayward beyond the pierhead line; B. The existing pier or float was previously permitted to encroach bayward beyond the pierhead line or is in substantial conformance with the existing City -issued permit; C. The pier or float will not encroach any further bayward beyond the pierhead line than the existing encroachment; D. Any vessel utilizing the pier or float will not extend bayward beyond the project line or the line established under the City -issued permit, whichever is less; and E. The pier or float will: 1. Preserve the diverse uses in Newport Harbor and the waterfront that contribute to the charm and character of Newport Harbor; 7-6 H-1 2. Maintain or enhance public access to Newport Harbor's waterways and waterfront areas; 3. Preserve or enhance the visual character of Newport Harbor; 4. Not negatively impact adjacent property owners, harbor views, navigation and future harbor dredging; and 5. Be aesthetically consistent and compatible with its surroundings. II. Staff Review and Findings Required for Approval For those piers or floats in areas where the pierhead line does not exist or where the bayward extension of those structures is not clearly limited by the pierhead line, the Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve a pier and float reconstruction project if the: A. Existing pier or float is in substantial conformance with the existing City - issued permit; B. Reconstruction will utilize the same or less square footage; C. Reconstruction is in a substantially similar configuration as the existing pier or float; and the D. Pier or float complies with the City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria, the California Building Code as set forth in Title 24 of the California Code of Regulations, and other applicable provisions of the NBMC. Projects that do not meet the above criteria for approval shall be reviewed in accordance with the applicable provisions of Title 17 (Harbor Code) of the NBMC. III. General Provisions A. Appeals and calls for review of decisions under this Policy shall be in accordance with Chapter 17.65 (Appeals or Calls for Review). B. Any approval granted under this Policy for piers and floats to encroach bayward beyond the pierhead line is separate from any and all other required permits and/or approvals. C. Any permit issued by the City of Newport Beach before June 26, 2019 that 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. 2 7-7 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 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 3 H-1 Wl 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 - 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 Amended H-1- 9-14-2021 4 H-1 7-9