Loading...
HomeMy WebLinkAbout03 - Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring SystemQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report February 8, 2022 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Public Works Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring System ABSTRACT: The Multiple Vessel Mooring System (MVMS) allows multiple vessels to be side -tied to a floating platform which is secured to a single anchor mooring system in Newport Harbor. The MVMS program has existed for many years, yet design plans and specifications had never been developed until now. The Harbor Commission reviewed the proposed MVMS system and recommended the City Council approve the amendment to the Newport Beach Municipal Code (NBMC). The attached ordinance was introduced and considered at the January 25, 2022, City Council meeting. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it will result in negligible or no expansion of existing use, and also determine this action is not subject to CEQA pursuant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because this action has no potential for resulting in physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2022-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 17.01.030 and Section 17.60.040 of the Newport Beach Municipal Code to Delete Vessel Length Requirements and Clarify Approval Responsibility for the Multiple Vessel Mooring System and to Require Compliance with Applicable Plans and Specifications. DISCUSSION: The MVMS consists of a floating platform onto which multiple smaller boats berth (side - tie), therefore, creating increased boat storage at a single-vessel mooring location. The MVMS has existed for many years in Newport Harbor, yet plans and specifications for the program had never been developed. There are approximately 12 MVMS within the harbor's two single anchor mooring systems (Newport Harbor Yacht Club and Balboa Yacht Club mooring fields). The program has been successful and has been managed appropriately by the respective yacht clubs since its inception in 2006. 3-1 Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring System February 8, 2022 Page 2 Without City of Newport Beach (City) approved plans and specifications, both the applicants and City staff lacked clear direction during the application review process. Therefore, in early 2021, the Harbor Commission directed its subcommittee to develop plans and specifications that provide adequate guidance for those who apply for a MVMS. Staff requested Noble Consultants, a marine -based engineering firm under contract with the City, to assist with developing MVMS specifications. At its September 8, 2021 meeting, the Harbor Commission approved MVMS plans and specifications and recommended they be forwarded to the City Council for review and approval. However, the approved motion was later reconsidered for further thought on an overall reduced footprint, and the Harbor Commission subsequently reviewed and approved a revised MVMS program at its November 10, 2021 meeting. The revisions to the Harbor Design Standards were introduced and approved by the City Council on January 25, 2022, via Resolution No. 2022-9. The revisions to NBMC Sections 17.01.030(J)(11) and 17.60.040(B)(1)(c) reflect clarifying statements as well as a deletion of a vessel length requirement which the Harbor Commission no longer feels is appropriate because a small vessel length may exceed the length of the MVMS float. FISCAL IMPACT: There is no immediate fiscal impact related to this item. However, the City Council may consider adjusting the annual offshore mooring permit fee for MVMS during the annual fee update process later in the year. MVMS are currently charged the same fee per lineal foot as all other moorings within City tidelands. The Harbor Commission recommends the City Council increase the MVMS fee in the future to twice the standard mooring rate because of the increased capacity of the MVMS verses a standard single-vessel mooring. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. CEQA Guidelines Section 15301 (Class 1) applies to the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." MVMS are currently allowed within the harbor via the NBMC, and the creation of MVMS standards for construction and use supports the existing program and will not result in an expansion of use. In addition, staff recommends the City Council find this action is not subject to CEQA pursuant to Section 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 a physical change to the environment, directly or indirectly. 3-2 Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring System February 8, 2022 Page 3 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). Additionally, the Harbor Commission reviewed and approved the MVMS at their September 8, 2021 public meeting, then again at their November 10, 2021 public meeting when the item was reconsidered and subsequently approved. ATTACHMENT: Attachment A — Ordinance No. 2022-4 3-3 ATTACHMENT A ORDINANCE NO. 2022-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.01.030 AND SECTION 17.60.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO DELETE VESSEL LENGTH REQUIREMENTS AND CLARIFY APPROVAL RESPONSIBILITY FOR THE MULTIPLE VESSEL MOORING SYSTEM AND TO REQUIRE COMPLIANCE WITH APPLICABLE PLANS AND SPECIFICATIONS WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; 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 City adopted rules and regulations for Newport Harbor, which are contained in Title 17 (Harbor Code) ("Title 17") of the Newport Beach Municipal Code ("Code" or "NBMC"); WHEREAS, a multiple vessel mooring system ("MVMS") consists of a floating platform at a single-vessel mooring location to which multiple smaller boats berth (via side -tie), thereby allowing for increased boat storage, and there are approximately twelve MVMS within Newport Harbor's two single anchor mooring systems (Newport Harbor Yacht Club and Balboa Yacht Club mooring fields); WHEREAS, the amendments to the NBMC will clarify the MVMS requirements and remove a vessel length requirement which the Harbor Commission has determined is no longer applicable because a small vessel length may exceed the length of the MVMS float; WHEREAS, the City Council intends to concurrently adopt a resolution approving a revision to the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities ("Harbor Design Standards") in order to adopt plans and specifications for MVMS; and 3-4 Ordinance No. 2022-4 Page 2of4 WHEREAS, the City shall file a copy of this ordinance with the California Department of Boating and Waterways prior to its adoption and at least thirty (30) days prior to its effective date, as required by California Harbor and Navigations Code Section 660(a). NOW THEREFORE, the City Council of the City of Newport Beach does ordain as follows: Section 1: The definition of Multiple Vessel Mooring System set forth in Subsection (J)(11) of Section 17.01.030 (Definitions of Terms) of Chapter 17.01 (Definitions) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended to read as follows: J. Definitions: M. 11. Multiple Vessel Mooring System. The term "multiple vessel mooring system" shall mean a floating platform secured to a single or double anchor mooring system which allows multiple vessels to be secured. Section 2: Subsection (B)(1)(c) of Section 17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended to read as follows: 17.60.040(8)(1) Exceptions. C. Multiple Vessel Mooring System Program. The Harbormaster may approve a multiple vessel mooring system in the single anchor mooring areas of Newport Harbor. An application and applicable fee, established by resolution of the City Council, for a multiple vessel mooring system shall be submitted in writing to the Harbormaster, who shall evaluate the application based upon standards established and the application shall be approved if the Harbormaster makes the findings under the applicable standards and those set forth in Section 17.05.140(D)(1). Section 3: All currently approved MVMS within Newport Harbor shall be brought into compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities, as amended, within ninety (90) days of the effective date of this ordinance. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 3-5 Ordinance No. 2022-4 Page 3 of 4 Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 6: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because the ordinance will result in negligible or no expansion of existing use. Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be in full force and effect thirty (30) days after its adoption by a majority vote of the City Council. ano Ordinance No. 2022-4 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of January, 2022, and adopted on the 8th day of February, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE at'-- C - 4'.' AAF�ON C. HARP, CIVY ATTORNEY KEVIN MULDOON, MAYOR 3-7