HomeMy WebLinkAbout2012-119 - Approve Model Permit Template for Residential Piers Located Upon TidelandsRESOLUTION NO. 2012 -119
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING A MODEL PERMIT TEMPLATE
FOR RESIDENTIAL PIERS
LOCATED UPON TIDELANDS
WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ( "Beacon Bay
Bill ") the City of Newport Beach ( "City ") acts on behalf of the State of California as the
trustee of tidelands located within the City's limits, including Newport Harbor;
WHEREAS, the Beacon Bay Bill and Chapter 17.60 of the Newport Beach
Municipal Code ( "NBMC ") allow the City to authorize third parties to construct/maintain
residential piers upon tidelands;
WHEREAS, on July 27, 2010 the City Council formed the Council Ad Hoc
Committee on Harbor Charges ( "Committee ") and tasked the Committee with
performing a comprehensive review of tidelands uses. The Committee looked at
mooring fees, rents at the Balboa Yacht Basin, and rents charged to persons holding
commercial pier permits but did not review rents for residential piers;
WHEREAS, Mayor Gardner and Council Members Henn and Rosansky have
acted as a working group to review residential piers, as the Committee's specific scope
of work neared completion;
WHEREAS, the working group held a public outreach meeting with residential
tidelands users to solicit their input and participation in the tidelands review process and
this meeting afforded the public the opportunity to comment on this matter as well as
provided the public information relating to this matter;
WHEREAS, the City Council has considered all documents and comments in the
record in connection with this resolution; and
WHEREAS, after considering all public input, the working group recommends
adoption of a model permit for residential piers located upon tidelands.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The Recitals provided above are true and correct and are
incorporated into the substantive portion of this resolution.
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Section 2: The City Council adopts the model residential pier tidelands permit
attached to this resolution, and incorporated by this reference, for use by residential pier
tidelands users. The City Council finds that the residential tidelands users subject to the
attached model permit are not subject to the open bid process found in City Council
Policy F -7 because redevelopment/reuse of the tidelands by a third party would require
excessive time, resources and costs which would outweigh other financial benefits.
Section 3: The City Council determines, even though it has discretion to make
determinations regarding the form of template permit and rental provisions therein, that
the evidence in the record constitutes substantial evidence to support the actions taken
and the findings made in this resolution, that the facts stated in this resolution are
supported by substantial evidence in the record, including, without limit, testimony
received at public hearings, the Staff presentations and Staff reports made in
connection with this matter, all materials in project files, and the Netzer and Rasmuson
appraisal reports. The City Council expressly declares that it considered all evidence
presented and reached these findings after due consideration of all evidence presented
to it and determines that evidence presented that was contrary to the findings made in
this resolution was not sufficient or substantial enough to outweigh the evidence
supporting this resolution.
Section 4: Notwithstanding City Council Policy F -7, the City Council authorizes
the City Manager or his /her designee to enter into the attached permit, in a form that is
substantially similar to the attached model permit with residential tidelands users. At
his /her discretion, the City Manager may refer any permit to the City Council for
consideration.
Section 5: The City Council finds the adoption of a model permit template for
residential pier tidelands uses 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. Alternatively, the
City Council finds the adoption of a model permit template for residential pier tidelands
uses is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation
Section 15301 because the permit contemplates the continued use of existing facilities,
with no expansion of the proposed use. Further, the City Council finds the setting of
rent for residential pier tidelands uses and the adoption of a model permit template for
residential pier tidelands uses to implement the rent is entitled to a Statutory Exemption
pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent
established by the City Council and implemented by the permit will be used to meet
operating expenses within the tidelands. Lastly, the City Council finds the adoption of a
model permit template for residential pier tidelands uses is not a project under CEQA
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Regulation Section 15061(b )(3) because it has no potential for causing a significant
effect on the environment.
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Section 7: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 11th day of December, 2012.
Nancy Garo`
Mayor
ATTEST: \jj
A�r Y
Leilan: E. Brown,-
City Clerk
Attachment: (1) Model Permit Template for Residential Piers
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Residential Tidelands Pier Permit
(1) Permittee: This Permit is issued on to
( "Permittee ") to construct/maintain a residential pier located upon City of Newport Beach
( "City ") tidelands, as more particularly described and depicted in Attachment 1
( "Premises "), which is attached hereto and incorporated by reference. By acceptance of
this Permit, the Permittee agrees to be bound by the terms contained in this Permit.
(2) Term: This Permit shall be valid for a period of twelve (12) calendar months
beginning on March 1, 20_ and expiring on February _, 20_, unless terminated
earlier as provided herein.
(3) Rent: Rent shall be calculated pursuant to Resolution No. 2012 -_, or any
successor /amended resolution. Resolution No. 2012 -_ and any successor /amended
resolution are automatically incorporated by reference into this Permit, without any
further action by the parties, when adopted by the Newport Beach City Council.
(A) Periodic Payment of Rent: One -sixth (1/6) of annual rent for a particular
year shall be received by the City within nineteen (19) days after the
mailing of the Municipal Services Statement to Permittee. Bi- monthly rent
will be billed with the Permittee's Municipal Services Statement.
(B) Place for Payment of Rent: All payments of rent shall be made in lawful
money of the United States of America and shall be paid to City on line at
www.newportbeachca.gov, in person or by United States' mail, or
overnight mail service, at the Cashier's Office located at 3300 Newport
Boulevard, Newport Beach, CA 92658, or to such other address as City
may from time to time designate in writing to the Permittee. The Permittee
assumes all risk of loss and responsibility for late charges and
delinquency rates if payments are not timely received by the City
regardless of the method of transmittal.
(C) Late Charges: A ten percent (10 %) late charge, or the maximum rate
allowable under State law, shall be added to all payments due but not
received by City by the due date.
(d) Third -Party Use: This Permit ❑ allows / ❑ does not allow (check one) the
Permittee to rent/lease the Premises to a third - party.
(4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities
and paying all taxes, fees and assessments for the Premises or improvements located
thereon.
(5) Possessory Interest Tax Notice: The City hereby gives notice to the Permittee,
pursuant to Revenue and Tax Code Section 107.6 that this Permit may create a
possessory interest that is the subject of property taxes levied on such interest, the
payment of which taxes shall be the sole obligation of the Permittee. The Permittee
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shall advise in writing any sublessee, licensee, concessionaire or third party using the
Premises of the requirements of Section 107.6.
(6) Compliance With Applicable Laws: The Permittee is required at its sole expense
to comply with all applicable City, County, State and Federal laws, policies and
regulations.
(7) Maintenance: The Permittee assumes full responsibility for operation and
maintenance and repair of the Premises and associated improvements throughout the
term of this Permit at its sole cost, and without expense to the City.
(8) Transfer /Assignment: This Permit may be transferred or assigned by the
Permittee as provided in the Newport Beach Municipal Code.
(9) Termination: This Permit may be terminated for cause (e.g., failure to abide by
the terms of this Permit, etc.) by the City with no less than thirty (30) calendar days prior
written notice to the Permittee. In the event of termination under this section, the City
shall owe no compensation to the Permittee and the Permittee shall remove all
improvements from the Premises within ninety (90) calendar days. The Permittee shall
continue to pay rent to the City during the period in which the improvements are
removed. Alternatively, the Permittee, with the City's prior written consent, may
quitclaim all fixtures, equipment, and improvements on the Premises to the City.
Notwithstanding any other provision of this Permit as permitted by California Public
Resources Code Section 6312, or any successor statute, the parties agree that upon
expiration or earlier termination of this Permit the City shall have no liability or obligation
to pay compensation for any improvements made to the Premises.
(10) Insurance: The Permittee shall maintain liability insurance for the Premises and
the improvements located thereon. The City may in its sole and absolute discretion
require a Permittee to produce written evidence of the insurance required under this
section.
FA
Attachment 1
Description & Depiction of Premises
Premise's Address (or description of general location):
Premise's Square Footage:
Premise's Depiction:
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, Leilani 1. 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 resolution, being Resolution
No. 2012 -119 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 11`" day of December, 2012, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Henn, Mayor Gardner
Noes: Daigle
Recuse: Selich
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14'x' day of December, 2012.
4k , Pf U r M l �
City Clerk
Newport Beach, California
(Seal)