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Home My WebLink About2022-4 - 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 aORDINANCE 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will clarify the MVMS requirements and remove a vessel length requirement which the Harbor Commission has determined is no longer applicable because a small vessel length may exceed the length of the MVMS float; WHEREAS, the City Council intends to concurrently adopt a resolution approving a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 Ordinance No. 2022-4 Page 2 of 4 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(6)(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. 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. 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: Mayor Muldoon, Mayor Pro Tem Blom, Council Member Brenner, Council Member O'Neill NAYS: ABSENT: RECUSED: Council Member Avery, Council Member Dixon Council Member Duffield ATTEST: I F1 AS -0-4CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AAR N C. HARP, CIVY ATTORNEY �z - EVIN MULDOO�I, AYOR 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; that the foregoing ordinance, being Ordinance No. 2022-4 was duly introduced on the 25th day of January, 2022, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 81h day of February, 2022, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Joy Brenner, Council Member Will O'Neill NAYS: None RECUSED: Council Member Brad Avery, Council Member Diane Dixon, Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 91h day of February, 2022. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } S - l Leilani I. Brown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2022-4 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: January 29, 2022 Adopted Ordinance: February 12, 2022 In witness whereof, I have hereunto subscribed my name this )PA� day of February, 2022. Leilani I. Brown, MMC City Clerk City of Newport Beach, California