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HomeMy WebLinkAbout2011-6 - Amending Section 17.01.030 of Chapter 17.01, Section 17.25.010 of Chapter 17.25 of Title 17 and Section 11.20.060 of Chapter 11.20 of Title 11 of the Newport Beach Municipal Code Pertaining to Public Pier Time Limits and RulesORDINANCE NO. 2011 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.01.030 OF CHAPTER 17.01, SECTION 17.25.010 OF CHAPTER 17.25 OF TITLE 17 AND SECTION 11.20.060 OF CHAPTER 11.20 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC PIER TIME LIMITS AND RULES WHEREAS, the City of Newport Beach regulates time limits and rules for the City's public piers in Newport Harbor; and WHEREAS, the public piers at Fernando, 15th and 19th Streets were recently reconfigured therefore requiring an update to the time limits and rules; and WHEREAS, the Rhine Channel public pier was recently constructed as the terminus of the Rhine Channel therefore requiring an update to the time limits and rules; and WHEREAS, the boater and the community have requested a modification to the existing time limits and rules for the public piers to better reflect current usage patterns; and WHEREAS, a color coded striping system on the docks, similar to color coded curb markings on the street, was determined to be the best way to inform the boaters of the new time limits while also allowing flexibility for future adjustments with the time zones; and WHEREAS, fishing restrictions have been recommended by the community for certain public piers, particularly at 19th Street and the Rhine Channel, and that further restrictions will be considered with input from the Harbor Commission; and, NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Subsection 17.01.030(D) of Chapter 17.01 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.01.030 Definition of Terms. D. Definitions: D 1. Design Criteria. The term "Design Criteria" refers to "Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities" adopted by the City of Newport Beach, and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City of Newport Beach Building Department may require additional requirements, based on the specific details of a particular application and project. 2. Dinghy or Tender. The term "Dinghy" or "Tender" shall mean a vessel no longer than fourteen (14) feet in overall length. 3. Director. The term "Director" shall mean the Director of the Harbors, Beaches and Parks Department of the County of Orange. 4. Dock. The term "Dock" shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. 5. Dolphin. The term "Dolphin" shall mean a multi -pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks. 6. Dry (Boat) Storage. The term "Dry Storage" or "Dry Boat Storage" shall mean all on -land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. SECTION 2: Subsection 17.01.030(N) of Chapter 17.01 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.01.030 Definition of Terms. N. Definitions: R. 1. Residential. The term `residential' shall mean those properties that are designated by the Zoning Code for a residential use, as opposed to commercial. 2. Rhine Wharf. The term "Rhine Wharf" shall mean the area at the terminus of the Rhine Channel where vessels may load and unload supplies directly to and from the wharf while tied directly to the wharf. 3. Rhine Wharf Public Pier. The term "Rhine Wharf Public Pier" shall mean the pier and long float parallel to the Rhine Wharf, and which is used for public recreational purposes provided by a public agency. 4. Riprap. The term "riprap" shall mean a protective layer or facing of rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff. 5. Risk Manager. The term 'Risk Manager" shall mean the Risk Manager of the City of Newport Beach, or his or her designee. SECTION 3: Section 17.25.010 of Chapter 17.25 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.25.010 Docking Regulations. A. Docking Permission Required. 1. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge of any such pier. 2. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private without first obtaining a special event permit as required in Chapter 11.03 of this Code. At the Rhine Wharf, the Harbor Resources Manager shall have the authority to authorize this activity, via a Rhine Wharf permit, under either of the following conditions: (a) a commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (b) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. 3. No person holding a harbor development permit issued under the terms of Chapter 17.50 or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a vessel to be made fast to any other vessel which is occupying any pier over which the permit holder has control, except as provided in the exceptions found in subsection (A)(2) of this section. B. Obstruction Prohibited. No person shall intentionally obstruct the free access to and departure from any portion of any pier. C. Time Limits and Rules. 1. Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and to avoid extended occupancy, congestion or blocking thereof, the Harbor Resources Manager is authorized and directed to post the following dock markings or signs limiting the time during which a vessel may be tied up or secured, or supplies or gear may be placed at or on any such pier or facility. The dock markings shall have the meanings as herein set forth: a. Blue markings shall mean vessels tied up or secured for twenty (20) minutes maximum. b. Green markings shall mean vessels tied up or secured for three (3) hours maximum. c. Black markings shall mean vessels tied up or secured for twenty -four (24) hours maximum. d. Yellow markings shall mean vessels tied up or secured for seventy -two (72) hours maximum. e. Red markings shall mean vessels shall not be tied up or secured for any amount of time. f. Orange markings shall mean the maximum length vessel permitted to be tied up or secured is nine (9) feet. 2. The Rhine Wharf adjacent to the Rhine Wharf Public Pier, shall not be used by vessels for any purpose except with a valid Rhine Wharf Permit issued by the Harbor Resources Manager, and subject to the following conditions: a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours maximum. b. The Harbor Resources Manager shall have the authority to limit the size of vessels using the Rhine Wharf. c. Vessels using the Rhine Wharf shall be in the actual process of loading, unloading or engaged in temporary repairs. d. The Harbor Resources Manager may authorize an extension of the four - hour period where special circumstances dictate such an extension. 3. When dock markings and signs are posted giving notice of the time limits and size restrictions in Subsections (1)(a) through (f) above, no person shall tie up or secure a vessel at any such facility for a period of time in excess of that period, exceed the maximum permitted vessel length, or permit any supplies or gear to remain on such facility for a period in excess of that posted on the sign. 4. The Rhine Wharf public pier shall be closed between the hours of 12:00 AM and 6:00 AM daily. D. Vessel Tie -Up Method. Every vessel tied up and secured at any pier in Newport Harbor shall be fastened in such a manner as to assure the security of such vessel fore (bow) and aft (stern) at a minimum with the exception of dinghies which may tie up bow only at public piers. E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. F. Gangway Required— Lights. Every vessel used for hire while loading or unloading passengers or crew from a pier or from another vessel shall be provided with a gangway with manropes or railings, and from sunset until sunrise any such gangway shall be lighted adequately to provide visibility as long as such gangway is or may be used. G. Dockside Steam Engine Spark Prevention. No person shall use any donkey engine or other steam engine on any pier or vessel within Newport Harbor in loading or unloading vessels or otherwise without a bonnet or spark arrestor attached to the smokestack of such engine so as to prevent sparks from coming into contact with the pier or vessel. SECTION 4: Section 11.20.060 of Chapter 11.20 of the Newport Beach Municipal Code is hereby amended to read as follows: 11.20.060 Closing the Newport Pier, Balboa Pier and /or Other Public Piers. A. The City Manager shall have the authority to close the Newport Pier, Balboa Pier and /or other public piers to members of the general public during certain hours. The closure shall be effective at such time as signs giving notice of the hours of closure are posted at conspicuous places on the pier. B. The City Manager shall have the authority to prohibit fishing on all or part of the Newport Pier, Balboa Pier and /or other public piers during certain hours to facilitate use of the pier by the general public. The prohibition shall be effective at such time as signs giving notice of the prohibition are posted at conspicuous places on the pier. C. No person shall remain on the Balboa Pier, Newport Pier and /or other public piers during hours of closure as established by the City Manager. D. No person shall fish from the Balboa Pier, Newport Pier and /or any other public piers during the times or at the places as prohibited by the City Manager. E. No person shall fail to comply with the request of any City employee responsible for cleaning or supervising any pier to leave or move to a specific location on the pier. 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, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: The City Council finds that 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) 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 25th day of January, 2011, and adopted on the 8th day of February, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Rosansky, Gardner, Selich, Daigle, Mayor Henn NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Curry M ATTEST: Y l LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: ICE OF THE CI I ATTORNEY DAVID R. HUNT, CITY ATTORNEY MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I 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. 2011 -6 was duly and regularly introduced on the 25th day of January, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of February, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Daigle, Mayor Henn Noes: None Absent: Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of February, 2011. City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2011 -6 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 daily newspaper of general circulation on the following dates: Introduced Ordinance: January 29, 2011 Adopted Ordinance: February 12, 2011 Ll In witness whereof, I have hereunto subscribed my name this day of !� 2011. 44- �' kw� City Clerk City of Newport Beach, California