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 City Council Policy H-1Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 9, 2024
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 - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Ordinance No. 2024-1: 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 Municipal Code
alongside the other dock permitting and structural regulations in Title 17.
RECOMMENDATIONS:
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) and 15060(c)(3)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. 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; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-1, 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 January 23, 2024.
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.
3-1
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
January 9, 2024
Page 2
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 while still being mindful of field conditions and
operational characteristics of the harbor and navigation channels.
Historically, harbor piers were 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 City Council
Policy H-1) were created by using some of the original 1941 language which remained in
the document for decades.
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 reviewed multiple dock applications with strict
adherence to H-1. However, the Commission 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.
As a result, and after having reviewed numerous dock applications in 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. There were few substantive changes from previous versions of H-1 aside from
the complete reorganization of the document to increase clarity for the end user.
3-2
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
January 9, 2024
Page 3
After the Harbor Commission's April 2023 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 the 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.
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 its existing permitted length, and if it is substantially similar in size
and configuration as the existing structure and if it will not impede ingress or
egress to adjacent piers and floats. Otherwise, the 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,
the Harbor Commission may approve those projects upon making certain
findings.
Section D: The 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 city 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 by defining a procedural review path via staff and the Harbor
Commission. Therefore, the Harbor Commission recommends the City Council review
and approve the proposed NBMC amendments.
3-3
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
January 9, 2024
Page 4
In addition, staff also reviewed the proposed revisions with the State Lands Commission
staff, and they were satisfied with the amendment.
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. 2024-1
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ATTACHMENT A
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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 floatsma�textencnd extend the nierhead lino unless approved in
nE)Mplianrne with Ge, innil neliGy as may he ameenQerJ�frem tome to tome Piers and
floats located in the areas of Newport Harbor set forth in this subsection shall not
extend bavward beyond the specified limits 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: the U.S.
Pierhead Line.
2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the
easterlv line of "H" Street: 16 feet bavward of the U.S. Pierhead Line.
3. From U.S. Bulkhead Station No. 110 to No. 112: the U.S. Pierhead Line.
4. From the northerly prolongation of the westerly line of Cypress Street to U.S.
Bulkhead Station No. 113: the U.S. Pierhead Line.
5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No.
162: the U.S. Pierhead Line.
6. From U.S. Bulkhead Station No. 115 to No. 119: the U.S. Pierhead Line.
7. From U.S. Bulkhead Station No. 120 to No. 221: 20 feet bayward of the U.S.
Pierhead Line.
8. From U.S. Bulkhead Station No. 122 to No. 123: 20 feet bayward of the U.S.
Pierhead Line.
9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: 20 feet bayward of the
U.S. Pierhead Line.
10. West Newport Channels:
a. Rialto and Rivo Alto: 30 feet bayward of 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 the 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).
1
m
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"): 30 feet bayward of 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 maD ("North Line"):
i. Community/association piers and commercial marinas shall not
extend more than 30 feet bayward of the North Line.
ii. Residential, non-community/association piers and floats parallel to
the North Line shall not extend more than 30 feet bayward of 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, excluding the area prohibited by section (E)(2) below: the U.S.
Pierhead Line.
b. From U.S. Bulkhead Station No. 172 to No. 173, excluding the area
Prohibited by section (E)(3) below: 20 feet bayward of the U.S. Pierhead
Line.
c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge, excluding the area
prohibited by section (E)(3) below: 30 feet bayward of the U.S. Pierhead
Line.
12. From U.S. Bulkhead Station No. 128A to No. 130: the U.S. Pierhead Line.
13. From U.S. Bulkhead Station No. 130 to No. 131: 20 feet bayward of the U.S.
Pierhead Line.
14. Dover Shores: the pierhead line shown on the Pier Permit Area Map, City Plan
#H-5014-S.
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15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead
Station No. 53513: the pierhead line shown on the Pier Permit Area Map for
Tract No. 4003, City Plan #H-5029-S.
16. Linda Isle: both the U.S. Pierhead Line and the pier permit line 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: the U.S. Pierhead
Line.
18. From U.S. Bulkhead Station No. 160 to No. 250: the U.S. Pierhead Line.
19. Balboa Island:
a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: 16 feet
bayward of the U.S. Pierhead Line.
b. South Bav Front, from U.S. Bulkhead Station No. 256 to No. 259: 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: 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: 10 feet
bavward 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: 10 feet bavward 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: 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: 16 feet bayward of
the U.S. Pierhead Line.
20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon Bay
subdivision: 16 feet bavward of the U.S. Pierhead Line.
21. From east property line of Beacon Bav subdivision to Marine Avenue Bridge:
20 feet bayward of the U.S. Pierhead Line.
22. Promontory Bay: the pierhead line as shown on Tract Map No. 3867.
23. From U.S. Bulkhead Station No. 101 to No. 104: 20 feet bavward of the U.S.
Pierhead Line.
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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 bavward extension of existina 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. South Bay Front, from the westerly prolongation of the northerly line of Lot 5 to
Collins Isle Bridae.
2. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead Station
No. 151.
3. 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 require 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).
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3. From U.S. Bulkhead Station No. 113 to No. 115.
4. Bav 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:
9-.1 Poem and floats shall Ret be peFmitted inFrom U.S. Pierhead Station No. 563
to No. 564, on the north side of the channel south of Bay Island.
G2 Piers and floats shall Re be permitted inFrom the beach area along the
northerly side of Lido Isle between the prolongation of the easterly line of Lot
84-9-847 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 be per� �ed ORFrom 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 Communitv Association piers and floats.
4. From U.S. Pierhead Station No. 535B 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. The Harbor Commission may approve or conditionally approve bayward extensions
of piers and floats in the following areas only after conducting a public hearing in
accordance with section 17.05.140 and making the specified findings. The Harbor
Commission's decision shall be on a case -by -case basis and prior approvals of
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deviations shall not have any precedential value. The person requesting the
deviation shall bear the responsibility to establish evidence in support of the findings.
1. For piers and floats in the areas set forth in subsection (A), upon making the
followina findinas in lieu of the findinas in section 17.05.140(D)(1):
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, or future dredging.
2. For piers and floats in the areas set forth in subsections (B) and (D) or in an
area of Newport Harbor not specifically listed in this section, upon making the
general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding that there will be no negative impacts to adjacent
orooerty owners. harbor views. naviaation. or future dredaina.
3. For existing piers and floats in the areas set forth in subsection (C), upon
making the general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding 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. naviaation, or future dredaina.
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:
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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
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.
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ATTACHMENT C
ORDINANCE NO. 2024.1
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 — Pier and Float Extensions Beyond the
Pierhead Line ("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:
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Ordinance No. 2024-
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 set forth in this subsection
shall not extend bayward beyond the specified limits 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: the U.S.
Pierhead Line.
2. From U.S. Bulkhead Station No. 109 to the northerly prolongation of the
easterly line of "H" Street: 16 feet bayward of the U.S. Pierhead Line.
3. From U.S. Bulkhead Station No. 110 to No. 112: the U.S. Pierhead Line.
4. From the northerly prolongation of the westerly line of Cypress Street to U.S.
Bulkhead Station No. 113: the U.S. Pierhead Line.
5. From U.S. Pierhead Station No. 564 northerly to U.S. Bulkhead Station No.
162: the U.S. Pierhead Line.
6. From U.S. Bulkhead Station No. 115 to No. 119: the U.S. Pierhead Line.
7. From U.S. Bulkhead Station No. 120 to No. 221: 20 feet bayward of the U.S.
Pierhead Line.
8. From U.S. Bulkhead Station No. 122 to No. 123: 20 feet bayward of the U.S.
Pierhead Line.
9. From Lido Isle Bridge to U.S. Bulkhead Station No. 125: 20 feet bayward of the
U.S. Pierhead Line.
10. West Newport Channels:
a. Rialto and Rivo Alto: 30 feet bayward of the bulkhead line. Float lengths
may be increased parallel to the bulkhead line by a maximum of 1 foot for
each additional 2 feet of the 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 5 feet setbacks).
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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 5 feet 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"): 30 feet bayward of the South Line. Floats
may be extended parallel to the South Line by a maximum of 1 foot for
each additional 2 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 of the North Line.
ii. Residential, non-community/association piers and floats parallel to
the North Line shall not extend more than 30 feet bayward of the North
Line. For piers and floats longer than 20 feet parallel to the North Line,
the 30 feet bayward limit shall be reduced by 1 foot for every 2 feet
the pier and float exceeds the length of 20 feet.
Example. A 26 feet 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, excluding the area prohibited by subsection (E)(2): the U.S. Pierhead
Line.
b. From U.S. Bulkhead Station No. 172 to No. 173, excluding the area
prohibited by subsection (E)(3): 20 feet bayward of the U.S. Pierhead Line.
c. From U.S. Bulkhead Station No. 173 to Lido Isle Bridge, excluding the area
prohibited by subsection (E)(3): 30 feet bayward of the U.S. Pierhead Line.
12. From U.S. Bulkhead Station No. 128A to No. 130: the U.S. Pierhead Line.
13. From U.S. Bulkhead Station No. 130 to No. 131: 20 feet bayward of the U.S.
Pierhead Line.
14. Dover Shores: the pierhead line shown on the Pier Permit Area Map, City Plan
#H-5014-S.
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15. From U.S. Bulkhead Station No. 132 to No. 133 then easterly to U.S. Pierhead
Station No. 535B: the pierhead line shown on the Pier Permit Area Map for
Tract No. 4003, City Plan #H-5029-S.
16. Linda Isle: both the U.S. Pierhead Line and the pier permit line 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: the U.S. Pierhead
Line.
18. From U.S. Bulkhead Station No. 160 to No. 250: the U.S. Pierhead Line.
19. Balboa Island:
a. South Bay Front, from U.S. Bulkhead Station No. 255 to No. 256: 16 feet
bayward of the U.S. Pierhead Line.
b. South Bay Front, from U.S. Bulkhead Station No. 256 to No. 259: 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: 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: 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: 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: 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: 16 feet bayward of
the U.S. Pierhead Line.
20. From U.S. Bulkhead Station No. 137 to the east property line of Beacon Bay
subdivision: 16 feet bayward of the U.S. Pierhead Line.
21. From east property line of Beacon Bay subdivision to Marine Avenue Bridge:
20 feet bayward of the U.S. Pierhead Line.
22. Promontory Bay: the pierhead line as shown on Tract Map No. 3867.
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23. From U.S. Bulkhead Station No. 101 to No. 104: 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. South Bay Front, from the westerly prolongation of the northerly line of Lot 5 to
Collins Isle Bridge.
2. North Bay Front, from Collins Isle Bridge northeasterly to U.S. Bulkhead Station
No. 151.
3. 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.
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D. 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):
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 847 across the public walkway and the
westerly line of Lot 493, except for the Lido Isle Community Association pier
and float.
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.
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Ordinance No. 2024-
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4. From U.S. Pierhead Station No. 535B 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. The Harbor Commission may approve or conditionally approve bayward extensions
of piers and floats in the following areas only after conducting a public hearing in
accordance with section 17.05.140 and making the findings specified herein. 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 person requesting the
deviation shall bear the responsibility to establish evidence in support of the findings.
1. For piers and floats in the areas set forth in subsection (A), upon making the
following findings in lieu of the findings in section 17.05.140(D)(1):
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, or future dredging.
2. For piers and floats in the areas set forth in subsections (B) and (D) or in an
area of Newport Harbor not specifically listed in this section, upon making the
general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding that there will be no negative impacts to adjacent
property owners, harbor views, navigation, or future dredging.
3. For existing piers and floats in the areas set forth in subsection (C), upon
making the general findings in section 17.05.140(D)(1) and, under subsection
17.05.140(D)(1)(f), finding 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, or future dredging.
Section 2: Section 17.35.060(B)(2) of the Code is amended to read as follows:
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Ordinance No. 2024-
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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.
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.
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Ordinance No. 2024-
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9t" day of January, 2024, and adopted on the 23rd day of
January, 2024, by the following vote, to -wit:
AYES-
NAYS -
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AA ON C. HARP, CITY ATTORNEY
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