HomeMy WebLinkAbout2021-74 - Adopting a Revised City Council Policy H-1 “Harbor Permit Policy”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adopted by this resolution are hereby repealed.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.
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 ("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 24th day of August, 2021.
ATTEST:
Leilani I. Brown 1 P-
APPROVED
City Clerk
AS TO FORM: � RNIN
CITY TTORNEY'S OF I E
oma- -
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Amended City Council Policy H-1
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;
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
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
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H-1
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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
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. 2021-74 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 141h day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of September, 2021.
. Aukf�, 01 Awt,
Leila i I. Brown
City Clerk
Newport Beach, California