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HomeMy WebLinkAbout03 - Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the NBMC and Repealing H-1Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 14, 2023 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, Administrative Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1 ABSTRACT: City Council Policy H-1 (Harbor Permit Policy) describes the distance that piers and floats may extend bayward throughout the harbor. At its September 13, 2023 meeting, the Harbor Commission recommended an amendment to the Newport Beach Municipal Code to provide clear guidance throughout the harbor on the distance that piers and floats may extend bayward versus the broad, harbor -wide approach in use today. Rather than maintaining a standalone City Council policy document for this function, the Harbor Commission also recommends incorporating the entirety of H-1 into the Code alongside the other dock permitting and structural regulations in Title 17. Nx0101LhI TT I=10117_111[a] ki6*5 a) Find the introduction and adoption of this ordinance 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. Additionally, find the introduction and adoption of this ordinance is exempt from CEQA environmental review pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The ordinance will not change existing law but instead formally incorporates existing regulations and guidelines into the Municipal Code. Further, new regulations added by the ordinance pertain to existing dock facilities and structures with negligible or no expansion of use or the replacement or reconstruction of existing structures and facilities with substantially the same purpose and capacity as the replaced structures; and 3-1 Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC and Repealing City Council Policy H-1 November 14, 2023 Page 2 b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1, and pass to a second reading on November 28, 2023. DISCUSSION: The Newport Beach Municipal Code (NBMC) Section 17.35.030(A) provides that 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. Based on recent Harbor Commission experience of applying H-1 to dock reconfiguration projects, the Commissioners felt it was appropriate to review H-1 with the goal of simplifying the application review process yet still being mindful of field conditions and operational characteristics of the harbor and navigation channels. Historically, harbor piers were originally administered via the 1941 City document "Regulations for Execution of Work or Erection of Structures Channelward of the U.S. Bulkhead Line in Newport Bay." Then in 1962, the Harbor Permit Policies (later known as H-1) were created by using some of the original 1941 language which continued to remain in the document for decades to follow. H-1 evolved over the years from a document that governed most of the harbor regulations to today's simplified version which focuses solely on the distance that floats may extend bayward. To date, there have been 69 revisions to H-1 in its 61-year history — a testament to the evolving needs of the harbor. In recent years, the Harbor Commission has reviewed multiple dock applications with strict adherence to H-1. However, the Commission has expressed a desire to simplify the process for the applicant, the Commission, and staff by providing flexibility within H-1 while also balancing the harbor's functional and aesthetic characteristics and needs. H-1 Transfer To NBMC As previously noted, H-1 was once a comprehensive document which included, among other things, an area -by -area (delineated by U.S. Bulkhead Station numbers) set of rules noting the allowable distance floats may extend bayward. Equally important, it also addressed those unusual areas of the harbor where pierhead lines do not exist. The current H-1 in effect today uses a simpler, broad -based approach without accommodation to areas which may warrant special consideration. Conflicts arose during the dock approval process when the permittees who, for decades, had previously relied on the old rules to extend bayward, or who had previously purchased their vessels and properties with the good faith knowledge of the harbor's long-standing policies. 3-2 Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC and Repealing City Council Policy H-1 November 14, 2023 Page 3 As a result, and after having reviewed numerous dock applications over recent years, the Harbor Commission proposed to update H-1 to provide clear guidance for customers and to also reduce the number of Harbor Commission public hearings. In April 2023, the Harbor Commission approved a then -final version of H-1 which reverted the policy back to the area -by -area delineations that were previously seen in earlier H-1 versions. Few substantive changes were approved aside from the complete reorganization of the document which increased clarity for staff and the Harbor Commission approval process. After the Harbor Commission's April approval and upon further consideration, staff determined that the contents of H-1 would be optimally positioned within the NBMC alongside the other dock permitting and structural regulations. In other words, transferring the entirety of H-1 into the NBMC reduces the potential conflict between City Council Policy and NBMC while simplifying the process for the public. As a result, the entirety of H-1 will be repealed until such time as the policy name "H-1" is reassigned for a different harbor -related purpose later. The newly proposed NBMC amendment eliminates potential guesswork by addressing the harbor in an area -by -area manner to provide clarity as to what is allowed and when Harbor Commission approval is required. In general, the rules are substantially the same as they were for decades, but they also incorporate improvements to reflect current conditions throughout the harbor. The proposed NBMC amendment categorizes specific areas of the harbor depending on the level of approval required for the distance docks can extend bayward. The categories of approval are described below: Section A: Staff may approve projects in these areas using specific criteria. If the applicant requests a deviation from the stated criteria in these areas, the Harbor Commission may approve those projects upon making certain findings. Section B: Staff may approve projects in these areas if the pier or float will not extend beyond the existing permitted length, is substantially similar in size and configuration as the existing structure and will not impede ingress or egress to adjacent piers and floats. Otherwise, Harbor Commission may approve those projects upon making certain findings. Section C: Staff may approve projects in specific, unique areas of Balboa Island if the pier or float will not extend beyond the existing permitted length. Otherwise, Harbor Commission may approve those projects upon making certain findings. 3-3 Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the NBMC and Repealing City Council Policy H-1 November 14, 2023 Page 4 Section D: Harbor Commission may approve projects in these areas upon making certain findings. Section E: Piers and floats are prohibited in these areas. To assist the public, Harbor Commission, and plan -check staff, a graphical representation of the areas described above will be integrated into the City's GIS website for public viewing. The Harbor Commission supports the recommended NBMC amendment because it provides clarity for the public and provides a defined procedural path via the Harbor Commission when applicants request a deviation from the rules. Therefore, the Harbor Commission recommends the City Council review and approve the proposed NBMC amendments. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the introduction and adoption of this ordinance 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. Additionally, find the introduction and adoption of this ordinance is exempt from CEQA environmental review pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The ordinance will not change existing law but instead formally incorporates existing regulations and guidelines into the Municipal Code. Further, new regulations added by the ordinance pertain to existing dock facilities and structures with negligible or no expansion of use or the replacement or reconstruction of existing structures and facilities with substantially the same purpose and capacity as the replaced structures. 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). The dock construction and dock permitting industries were also notified. ATTACHMENTS: Attachment A — City Council Policy H-1 (redline and repealed) Attachment B — Newport Beach Municipal Code (redline strikeout) Attachment C — Ordinance No. 2023-16 3-4 ATTACHMENT A H-1 1110111111111MIN.W. MIN Pill .��r_�rie�r �rrr�eer�e*:e�e�sr�e�.r���sree��e�:e�res P. Any the float bayward beyond vessel utilizing pier- or- line Nvill not extend City issued proje��'ae established erthe permit, whiehever- is ems; and 3-5 i:di waterfront FoF those floats in the line does the piers or bayNvai:d areas wher-e pier -head those is not exist or- whefe limited by the li}ewe of stnie#tir-es not elea-rly pier -head �'�b!iE WsPireetar-, Community Development r,_Neeter and/oru.,,,i,,.,,,, rite_; as float pfojeet if applieable, may app. and r-eeonstfuetion A. Existing pier or float is in substantial conf th the existing City issi r . T�!!�ffl�tl�!!!4fiElTS!!t ■ , MN i:di 3-7 i:di 4 3-8 ATTACHMENT B STRIKEOUT SECTIONS 17.35.030 AND 17.35.060(B)(2) 17.35.030 Bayward Location of Piers and Floats. A. Piers and floats may not extend beyond the nierhri oalino unless approved in nGe w GeMpliaith GeunGil peliGy as may be amended from time try time Piers and floats located in the areas of Newport Harbor that are set forth in this subsection shall not extend bayward beyond the limits set forth herein without the approval of the Harbor Commission pursuant to subsection (G)(1 ): 1. From United States (U.S.) Bulkhead Station No. 107 to No. 109: Piers and floats shall not extend beyond the U.S. Pierhead Line. 2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the easterly line of "H" Street: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 3. From U.S. Bulkhead Station No. 110 to No. 112: Piers and floats shall not extend beyond the U.S. Pierhead Line. 4. From the northerly prolongation of the westerly line of Cypress Street to U.S. Bulkhead Station No. 113: Piers and floats shall not extend beyond the U.S. Pierhead Line. 5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No. 162: Piers and floats shall not extend bevond the U.S. Pierhead Line. 6. From U.S. Bulkhead Station No. 115 to No. 119: Piers and floats shall not extend beyond the U.S. Pierhead Line. 7. From U.S. Bulkhead Station No. 120 to No. 221: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 8. From U.S. Bulkhead Station No. 122 to No. 123: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: Piers and floats shall not extend more than 20 feet bavward of the U.S. Pierhead Line. 10. West Newport Channels: a. Rialto and Rivo Alto: Piers and floats shall not extend more than 30 feet bayward from the bulkhead line. Float lengths may be increased parallel to the bulkhead line by a maximum of one foot for each additional two feet of bulkhead line along the property in excess of 30 feet. 1 m Example 1. If the bulkhead line along a property is 30 feet, then the maximum length for the float parallel to the bulkhead line is 20 feet (with five-foot setbacks). Example 2. If the bulkhead line along a property is 34 feet, then the maximum length for the float parallel to the bulkhead line is 22 feet (with five-foot setbacks) (20' + 2' = 221 b. Channel northerly of Newport Island and westerly of Newport Boulevard, along the South Line of the 125' Channel Reservation (as shown on Tract No. 1011 map) ("South Line"): Piers and floats shall not extend more than 30 feet bayward from the South Line. Floats may be extended parallel to the South Line by a maximum of one foot for each additional two feet of the South Line alona the pror)erty in excess of 30 feet. c. Balboa Coves and Newport Marina Villas, along the North Line of the 125' Channel Reservation (as shown on Tract No. 1011 mar)) ("North Line"): i. Community/association piers and commercial marinas shall not extend more than 30 feet bayward from the North Line. ii. Residential, non-community/association piers and floats parallel to the North Line shall not extend more than 30 feet bayward from the North Line. For piers and floats longer than 20 feet parallel to the North Line, the 30-foot bayward limit shall be reduced by one foot for every two feet the Dier and float exceeds the lenath of 20 feet. Example. A 26-foot-long float parallel to the North Line may extend bayward a maximum of 27 feet (30'— 3' = 27') from the North Line. 11. Lido Isle: a. From U.S. Pierhead Station No. 574 northerly to U.S. Bulkhead Station No. 171: Piers and floats shall not extend beyond the U.S. Pierhead Line. b. From U.S. Bulkhead Station No. 172 to No. 173: Piers and floats shall not extend more than 20 feet bavward of the U.S. Pierhead Line. c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge: Piers and floats shall not extend more than 30 feet bayward of the U.S. Pierhead Line. 12. From U.S. Bulkhead Station No. 128A to No. 130: Piers and floats shall not extend beyond the U.S. Pierhead Line. 13. From U.S. Bulkhead Station No. 130 to No. 131: Piers and floats shall not extend more than 20 feet bavward of the U.S. Pierhead Line. 14. Dover Shores: Piers and floats shall not extend beyond the pierhead line as shown on the Pier Permit Area Map, City Plan #H-5014-S. FA 3-10 15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead Station No. 535B: Piers and floats shall not extend beyond the pierhead line as shown on the Pier Permit Area Maa for Tract No. 4003. Citv Plan #H-5029-S. 16. Linda Isle: Piers and floats shall not extend bevond the U.S. Pierhead Line nor the pier permit line as shown on the Pier Permit Area Map for Tract No. 4003, Citv Plan #H-5029-S. 17. From U.S. Bulkhead Station No. 141 southerly to No. 140: Piers and floats shall not extend beyond the U.S. Pierhead Line. 18. From U.S. Bulkhead Station No. 160 to No. 250: Piers and floats shall not extend beyond the U.S. Pierhead Line. 19. Balboa Island: a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: Piers and floats shall not extend more than 10 feet bavward of the U.S. Pierhead Line. c. South Bay Front, from U.S. Bulkhead Station No. 259 to the westerly prolongation of the northerly line of Lot 5: Piers and floats shall not extend beyond the U.S. Pierhead Line. d. North Bav Front. from U.S. Bulkhead Station No. 151 easterly to the northerly prolongation of the easterly line of Garnet Avenue: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. e. North Bay Front, easterly from the northerly prolongation of the easterly line of Coral Avenue to U.S. Bulkhead Station No. 152: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. East Bay Front, from U.S. Bulkhead Station No. 152 southerly to the easterly prolongation of the northerly line of Park Avenue: Piers and floats shall not extend more than 10 feet bavward of the U.S. Pierhead Line. g. East Bay Front, southerly from the easterly prolongation of the northerly line of Park Avenue to U.S. Bulkhead Station No. 255: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon B subdivision: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 3 3-11 21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 22. Promontory Bay: Piers and floats shall not extend beyond the Pierhead Line. 23. From U.S. Bulkhead Station No. 101 to No. 104: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. B. The bayward extension of piers and floats located in the areas of Newport Harbor set forth in this subsection shall require Harbor Commission approval in accordance with subsection (G)(2) unless the Public Works Director, Community Development Director or Harbormaster, as applicable, determines that the proposed pier or float will not extend beyond the existing permitted length, is substantially similar in size and configuration to the existing structure and would not, in comparison with the existing structure, further impede ingress and egress to adjacent piers and floats: 1. Harbor Island: From U.S. Bulkhead Station No. 140 easterly to Harbor Island Bridge. 2. Collins Isle: a. From U.S. Bulkhead Station No. 160 easterly to Collins Isle Bridge. b. From Collins Isle Bridge northerly to U.S. Bulkhead Station No. 250. 3. Yachtsmen's Cove: Submerged portions of Parcel 1 and Parcel 2 of Parcel Map No. 93-115 between 1601-1701 Bayside Drive. 4. Corona Del Mar: From U.S. Bulkhead Station No. 104 to No. 106. 5. Upper Bay: From Coast Highway Bridge northerly on the eastern shoreline to Back Bay Science Center. C. The bayward extension of existing piers and floats located in the areas of Balboa Island set forth in this subsection shall require Harbor Commission approval in accordance with subsection (G)(3) unless the Public Works Director, Community Development Director or Harbormaster, as applicable, determines that the proposed pier or float will not extend beyond the existing permitted length: 1. Balboa Island: a. South Bay Front, from the westerly prolongation of the northerly line of Lot 5 to Collins Isle Bridge. b. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead Station No. 151. 3-12 c. North Bay Front, easterly from the northerly prolongation of the easterly line of Garnet Avenue to the northerly prolongation of the easterly line of Coral Avenue. D. The bayward extension of piers and floats located in the areas of Newport Harbor set forth in this subsection shall be subject to Harbor Commission approval in accordance with subsection (G)(2). From northerly orolonaation of the easterly line of "H" Street westerly to U.S. Bulkhead Station No. 110. 2. From U.S. Bulkhead Station No. 112 westerly to the northerly prolongation of the westerly line of Cypress Street (Between "A" Street and Cypress Street). 3. From U.S. Bulkhead Station No. 113 to No. 115. 4. Bay Island, between U.S. Bulkhead Station No. 162 and No. 163. 5. From U.S. Bulkhead Station No. 119 to No. 120. 6. The Rhine, extending northerly from U.S. Bulkhead Station No. 221 into the Rhine to No. 122. 7. From U.S. Bulkhead Station No. 123 to Lido Isle Bridge (Lido Peninsula along Anchorage Way and Lido Park Drive). 8. Lido Isle: a. From U.S. Bulkhead Station No. 171 to No. 172. b. From Lido Isle Bridge to U.S. Pierhead Station No. 574. 9. From U.S. Bulkhead Station No. 125 to No. 126. 10. From U.S. Bulkhead Station No. 226 to No. 128A. 11. From Marine Avenue Bridge to U.S. Bulkhead Station No. 101. E. Piers and floats are prohibited in the followina areas of Newport Harbor: B-1 Piers and floats shall net he permitted in From U.S. Pierhead Station No. 563 to No. 564, on the north side of the channel south of Bay Island. G-.2Piers and fleats shall net he permitted in From the beach area along the northerly side of Lido Isle between the prolongation of the easterly line of Lot 84.9-848 across the public walkway and the westerly line of Lot 493, except for the Lido Isle Community Association pier and float. 9-3 Piers and floats shall Rot e permitted in From the beach area along the southerly side of Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457, except for Lido Isle Community Association piers and floats. 5 3-13 4. From Harbor Island Bridge to U.S. Bulkhead Station No. 137. 5. From Harbor Island Bridae to U.S. Bulkhead Station No. 141. F. The Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve improvements that do not require approval by the Harbor Commission or may refer such decisions to the Harbor Commission for aaaroval under subsection (G)(2). G. After holding a public hearing in accordance with Section 17.05.140 and making the applicable findings set forth below, the Harbor Commission may approve or conditionally approve the following_ 1. For piers and floats located in those areas of Newport Harbor set forth in Subsection (A), bayward extensions beyond the limits set forth in that subsection if the Harbor Commission makes the following specific findings in lieu of the findings set forth in 17.05.140(D): a. Special circumstances applicable to the subject property exist, such as location, shape, size, surrounding topography or other physical features; b. Because of those special circumstances, strict compliance with the specified criteria would deny the property of privileges enjoyed by other properties in the vicinity; c. The bayward extension will not provide the subject property with special privileges inconsistent with limitations on properties in the vicinity; and d. There will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. 2. The bayward extension of piers and floats located in those areas of Newport Harbor set forth in subsections (B) and (D), or in any other area of Newport Harbor not specifically listed in this section, if the Harbor Commission makes the general findings in section 17.05.140(D)(1) and, under subsection 17.05.140(D)(1)(f), finds that there will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. 3. The bayward extension of existing piers and floats located in those areas of Balboa Island set forth in subsection (C), if the Harbor Commission makes the general findings in section 17.05.140(D)(1) and, under subsection 17.05.140(D)(1)(f), finds that the proposed pier or float complies with section 17.35.060 and that there will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. The Harbor Commission's decision shall be on a case -by -case basis and prior approvals of deviations shall not have any precedential value. The property owner 3-14 reauestina a deviation bears the res the findings. nsibilitv to establish evidence in suoaort of 17.35.060 Balboa Island —Noncommercial Piers. A. No new noncommercial piers on Balboa Island shall be approved unless determined by the Harbor Commission to be in the public interest, which finding shall be a prerequisite to the issuance of a harbor development permit pursuant to Chapter 17.50. New noncommercial piers, if approved, shall be constructed in strict conformance with this section and Chapter 17.50 and the design criteria. Piers presently permitted may be maintained and repaired upon securing a permit in accordance with Chapter 17.50. Any revision of an existing pier or float shall be in strict conformance with this section and shall not be approved if the addition or revision would, in comparison to the existing structure, further restrict or impair the public's use of the bay or beach in the vicinity of the pier or floats. B. The alteration, reconstruction or replacement of any existing permitted noncommercial pier on Balboa Island, or any portion thereof, shall be limited to the following: 1. The overall square footage of the noncommercial pier, as proposed for alteration, reconstruction or replacement shall be equal to or less than the square footage of the permitted noncommercial pier; 2. The noncommercial pier, as proposed for alteration, reconstruction or replacement shall not extend beyond the City permit line (the U.S. pierhead line) or such other bayward extension of the permit area that is permitted by this section „r CO RGO! nerG" section 17.35.030; and 3. The noncommercial pier, as proposed for alteration, reconstruction or replacement shall be wholly within the original permitted area as specified in the existing permit on file with the City. C. Whenever any application for a harbor development permit to install a new noncommercial pier on Balboa Island is submitted, a public hearing shall be held by the Harbor Commission in accordance with the procedures set forth in Section 17.05.140. 7 3-15 ATTACHMENT C ORDINANCE NO. 2023-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 17.35.030 (BAYWARD LOCATION OF PIERS AND FLOATS) AND 17.35.060 (BALBOA ISLAND — NONCOMMERCIAL PIERS) OF THE NEWPORT BEACH MUNICIPAL CODE AND REPEALING CITY COUNCIL POLICY H-1 WHEREAS, Section 17.35.030 (Bayward Location of Piers and Floats) of the Newport Beach Municipal Code ("Code") prohibits piers and floats from extending beyond the pierhead line unless approved in compliance with City Council Policy; WHEREAS, City Council Policy H-1 ("H-1 ") regulates the extension of piers and floats beyond the pierhead line in Newport Harbor; WHEREAS, Section 17.35.060 (Balboa Island — Noncommercial Piers) of the Code specifically regulates noncommercial piers on Balboa Island, including how far they may extend into Newport Harbor; WHEREAS, at the April 12, 2023 Harbor Commission meeting, the Harbor Commission by a vote of 6-0 (with one Harbor Commissioner absent) recommended the City Council approve amendments to H-1 to provide more specific guidance on the bayward extension of piers and floats, such as by increasing City staffs authority to approve projects and by allowing the Harbor Commission to consider the unusual conditions and circumstances of properties in certain parts of Newport Harbor when reviewing project applications, which amendments would ease the application burden for applicants and ensure only those projects that cannot satisfy objective criteria require a public hearing and Harbor Commission approval; and WHEREAS, at the September 13, 2023 Harbor Commission meeting, the Harbor Commission by a vote of 5-0 (with two Harbor Commissioners absent) approved the recommendation to incorporate the entirety of H-1 into the Code as part of Title 17 (Harbor Code), instead of maintaining a standalone City Council policy document, in the interest of making the administration and application of the rules and regulations pertaining to Newport Harbor less cumbersome. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: 3-16 Ordinance No. 2023- Page 2 of 9 Section 1: Section 17.35,030 of the Code is amended in its entirety and replaced to read as follows: 17.35.030 Bayward Location of Piers and Floats. A. Piers and floats located in the areas of Newport Harbor that are set forth in this subsection shall not extend bayward beyond the limits set forth herein without the approval of the Harbor Commission pursuant to subsection (G)(1): 1. From United States (U.S.) Bulkhead Station No. 107 to No. 109: Piers and floats shall not extend beyond the U.S. Pierhead Line. 2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the easterly line of "H" Street: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 3. From U.S. Bulkhead Station No. 110 to No. 112: Piers and floats shall not extend beyond the U.S. Pierhead Line. 4. From the northerly prolongation of the westerly line of Cypress Street to U.S. Bulkhead Station No. 113: Piers and floats shall not extend beyond the U.S. Pierhead Line. 5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No. 162: Piers and floats shall not extend beyond the U.S. Pierhead Line. 6. From U.S. Bulkhead Station No. 115 to No. 119: Piers and floats shall not extend beyond the U.S. Pierhead Line. 7. From U.S. Bulkhead Station No. 120 to No. 221: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 8. From U.S. Bulkhead Station No. 122 to No. 123: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 10. West Newport Channels: a. Rialto and Rivo Alto: Piers and floats shall not extend more than 30 feet bayward from the bulkhead line. Float lengths may be increased parallel to the bulkhead line by a maximum of one foot for each additional two feet of bulkhead line along the property in excess of 30 feet. Example 1. If the bulkhead line along a property is 30 feet, then the maximum length for the float parallel to the bulkhead line is 20 feet (with five-foot setbacks). 3-17 Ordinance No. 2023- Page 3 of 9 Example 2. If the bulkhead line along a property is 34 feet, then the maximum length for the float parallel to the bulkhead line is 22 feet (with five-foot setbacks) (20' + 2' = 22'). b. Channel northerly of Newport Island and westerly of Newport Boulevard, along the South Line of the 125' Channel Reservation (as shown on Tract No. 1011 map) ("South Line"): Piers and floats shall not extend more than 30 feet bayward from the South Line. Floats may be extended parallel to the South Line by a maximum of one foot for each additional two feet of the South Line along the property in excess of 30 feet. c. Balboa Coves and Newport Marina Villas, along the North Line of the 125' Channel Reservation (as shown on Tract No. 1011 map) ("North Line"): i. Community/association piers and commercial marinas shall not extend more than 30 feet bayward from the North Line. ii. Residential, non-community/association piers and floats parallel to the North Line shall not extend more than 30 feet bayward from the North Line. For piers and floats longer than 20 feet parallel to the North Line, the 30-foot bayward limit shall be reduced by one foot for every two feet the pier and float exceeds the length of 20 feet. Example. A 26-foot-long float parallel to the North Line may extend bayward a maximum of 27 feet (30'— 3' = 27) from the North Line. 11. Lido Isle: a. From U.S. Pierhead Station No. 574 northerly to U.S. Bulkhead Station No. 171: Piers and floats shall not extend beyond the U.S. Pierhead Line. b. From U.S. Bulkhead Station No. 172 to No. 173: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge: Piers and floats shall not extend more than 30 feet bayward of the U.S. Pierhead Line. 12. From U.S. Bulkhead Station No. 128A to No. 130: Piers and floats shall not extend beyond the U.S. Pierhead Line. 13. From U.S. Bulkhead Station No. 130 to No. 131: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 14. Dover Shores: Piers and floats shall not extend beyond the pierhead line as shown on the Pier Permit Area Map, City Plan #H-5014-S. 3-18 Ordinance No. 2023- Page 4 of 9 15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead Station No. 535B: Piers and floats shall not extend beyond the pierhead line as shown on the Pier Permit Area Map for Tract No. 4003, City Plan #H-5029-S. 16. Linda Isle: Piers and floats shall not extend beyond the U.S. Pierhead Line nor the pier permit line as shown on the Pier Permit Area Map for Tract No. 4003, City Plan #H-5029-S. 17. From U.S. Bulkhead Station No. 141 southerly to No. 140: Piers and floats shall not extend beyond the U.S. Pierhead Line. 18. From U.S. Bulkhead Station No. 160 to No. 250: Piers and floats shall not extend beyond the U.S. Pierhead Line. 19. Balboa Island: a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. c. South Bay Front, from U.S. Bulkhead Station No. 259 to the westerly prolongation of the northerly line of Lot 5: Piers and floats shall not extend beyond the U.S. Pierhead Line. d. North Bay Front, from U.S. Bulkhead Station No. 151 easterly to the northerly prolongation of the easterly line of Garnet Avenue: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. e. North Bay Front, easterly from the northerly prolongation of the easterly line of Coral Avenue to U.S. Bulkhead Station No. 152: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. f. East Bay Front, from U.S. Bulkhead Station No. 152 southerly to the easterly prolongation of the northerly line of Park Avenue: Piers and floats shall not extend more than 10 feet bayward of the U.S. Pierhead Line. g. East Bay Front, southerly from the easterly prolongation of the northerly line of Park Avenue to U.S. Bulkhead Station No. 255: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 3-19 Ordinance No. 2023- Page 5 of 9 20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon Bay subdivision: Piers and floats shall not extend more than 16 feet bayward of the U.S. Pierhead Line. 21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. 22. Promontory Bay: Piers and floats shall not extend beyond the Pierhead Line. 23. From U.S. Bulkhead Station No. 101 to No. 104: Piers and floats shall not extend more than 20 feet bayward of the U.S. Pierhead Line. B. The bayward extension of piers and floats located in the areas of Newport Harbor set forth in this subsection shall require Harbor Commission approval in accordance with subsection (G)(2) unless the Public Works Director, Community Development Director or Harbormaster, as applicable, determines that the proposed pier or float will not extend beyond the existing permitted length, is substantially similar in size and configuration to the existing structure and would not, in comparison with the existing structure, further impede ingress and egress to adjacent piers and floats: 1. Harbor Island: From U.S. Bulkhead Station No. 140 easterly to Harbor Island Bridge. 2. Collins Isle: a. From U.S. Bulkhead Station No. 160 easterly to Collins Isle Bridge. b. From Collins Isle Bridge northerly to U.S. Bulkhead Station No. 250. 3. Yachtsmen's Cove: Submerged portions of Parcel 1 and Parcel 2 of Parcel Map No. 93-115 between 1601-1701 Bayside Drive. 4. Corona Del Mar: From U.S. Bulkhead Station No. 104 to No. 106. 5. Upper Bay: From Coast Highway Bridge northerly on the eastern shoreline to Back Bay Science Center. C. The bayward extension of existing piers and floats located in the areas of Balboa Island set forth in this subsection shall require Harbor Commission approval in accordance with subsection (G)(3) unless the Public Works Director, Community Development Director or Harbormaster, as applicable, determines that the proposed pier or float will not extend beyond the existing permitted length- 1 . Balboa Island: a. South Bay Front, from the westerly prolongation of the northerly line of Lot 5 to Collins Isle Bridge. 3-20 Ordinance No. 2023- Page 6 of 9 b. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead Station No. 151. c. North Bay Front, easterly from the northerly prolongation of the easterly line of Garnet Avenue to the northerly prolongation of the easterly line of Coral Avenue. D. The bayward extension of piers and floats located in the areas of Newport Harbor set forth in this subsection shall be subject to Harbor Commission approval in accordance with subsection (G)(2). 1. From northerly prolongation of the easterly line of "H" Street westerly to U.S. Bulkhead Station No. 110. 2. From U.S. Bulkhead Station No. 112 westerly to the northerly prolongation of the westerly line of Cypress Street (Between "A" Street and Cypress Street). 3. From U.S. Bulkhead Station No. 113 to No. 115. 4. Bay Island, between U.S. Bulkhead Station No. 162 and No. 163. 5. From U.S. Bulkhead Station No. 119 to No. 120. 6. The Rhine, extending northerly from U.S. Bulkhead Station No. 221 into the Rhine to No. 122. 7. From U.S. Bulkhead Station No. 123 to Lido Isle Bridge (Lido Peninsula along Anchorage Way and Lido Park Drive). 8. Lido Isle: a. From U.S. Bulkhead Station No. 171 to No. 172. b. From Lido Isle Bridge to U.S. Pierhead Station No. 574. 9. From U.S. Bulkhead Station No. 125 to No. 126. 10. From U.S. Bulkhead Station No. 226 to No. 128A. 11. From Marine Avenue Bridge to U.S. Bulkhead Station No. 101. E. Piers and floats are prohibited in the following areas of Newport Harbor- 1. From U.S. Pierhead Station No. 563 to No. 564, on the north side of the channel south of Bay Island. 2. From the beach area along the northerly side of Lido Isle between the prolongation of the easterly line of Lot 848 across the public walkway and the westerly line of Lot 493, except for the Lido Isle Community Association pier and float. 3-21 Ordinance No. 2023- Page 7 of 9 3. From the beach area along the southerly side of Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457, except for Lido Isle Community Association piers and floats. 4. From Harbor Island Bridge to U.S. Bulkhead Station No. 137. 5. From Harbor Island Bridge to U.S. Bulkhead Station No. 141. F. The Public Works Director, Community Development Director and/or Harbormaster, as applicable, may approve improvements that do not require approval by the Harbor Commission or may refer such decisions to the Harbor Commission for approval under subsection (G)(2). G. After holding a public hearing in accordance with Section 17.05.140 and making the applicable findings set forth below, the Harbor Commission may approve or conditionally approve the following: 1. For piers and floats located in those areas of Newport Harbor set forth in Subsection (A), bayward extensions beyond the limits set forth in that subsection if the Harbor Commission makes the following specific findings in lieu of the findings set forth in 17.05.140(D): a. Special circumstances applicable to the subject property exist, such as location, shape, size, surrounding topography or other physical features; b. Because of those special circumstances, strict compliance with the specified criteria would deny the property of privileges enjoyed by other properties in the vicinity; c. The bayward extension will not provide the subject property with special privileges inconsistent with limitations on properties in the vicinity; and d. There will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. 2. The bayward extension of piers and floats located in those areas of Newport Harbor set forth in subsections (B) and (D), or in any other area of Newport Harbor not specifically listed in this section, if the Harbor Commission makes the general findings in section 17.05.140(D)(1) and, under subsection 17.05.140(D)(1)(f), finds that there will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. 3. The bayward extension of existing piers and floats located in those areas of Balboa Island set forth in subsection (C), if the Harbor Commission makes the general findings in section 17.05.140(D)(1) and, under subsection 17.05.140(D)(1)(f), finds that the proposed pier or float complies with section 3-22 Ordinance No. 2023- Page 8 of 9 17.35.060 and that there will be no negative impacts to adjacent property owners, harbor views, navigation, and future dredging. The Harbor Commission's decision shall be on a case -by -case basis and prior approvals of deviations shall not have any precedential value. The property owner requesting a deviation bears the responsibility to establish evidence in support of the findings. Section 2: Section 17.35.060(B)(2) of the Code is amended to read as follows: The noncommercial pier, as proposed for alteration, reconstruction or replacement shall not extend beyond the City permit line (the U.S. pierhead line) or such other bayward extension of the permit area that is permitted by section 17.35.030; and Section 3: City Council Policy H-1 is hereby repealed. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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 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. The City Council also finds the introduction and adoption of this ordinance is exempt from CEQA environmental review pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The ordinance will not change existing law but instead formally incorporates existing regulations and guidelines into the Municipal Code. Further, new regulations added by the ordinance pertain to existing dock facilities and structures with negligible or no expansion of use or the replacement or reconstruction of existing structures and facilities with substantially the same purpose and capacity as the replaced structures. 3-23 Ordinance No. 2023- Page 9 of 9 Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the 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 effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 141h day of November, 2023, and adopted on the 28t" day of November, 2023, by the following vote, to -wit: AYES: NAYS: ABSENT: NOAH BLOM, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFIC 74N_1 C_ A ON C. HARP, CITY ATTORNEY 3-24