HomeMy WebLinkAbout2013-27 - Amending Chapter 17.60 and Subsection 17.35.020(B)(2) of the Newport Beach Municipal Code Regarding Residential and Commerical Piers Located Upon TidelandsORDINANCE NO. 2013-27
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH,
CALIFORNIA, AMENDING CHAPTER 17.60
AND SUBSECTION 17.38.020(6)(2) OF THE
NEWPORT BEACH MUNICIPAL CODE
REGARDING RESIDENTIAL AND
COMMERCIAL 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, Section 1(b) of the Beacon Bay Bill and Title 17 of the Newport
Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to use
tidelands for commercial and noncommercial purposes for a term not to exceed fifty (50)
years;
WHEREAS, the City allows persons to operate and maintain commercial and
noncommercial piers upon the tidelands under City issued permits or leases;
WHEREAS, the City recently completed a comprehensive review of the fair
market value rents charged for private commercial and noncommercial uses of the
tidelands;
WHEREAS, the City Council made a commitment to review the tidelands rent
implementation process in its entirety to ensure consistency, gather feedback and to
allow for improvement in the process;
WHEREAS, City staff hosted two look back meetings with tidelands users on
August 15, 2013 and August 21, 2013, to review consistency, gather feedback on the
recent tidelands rent implementation process and to listen to ideas for improvements
going forward;
WHEREAS, on November 12, 2013, at its regularly scheduled study session, the
City Council considered the feedback and ideas gathered during the look back meetings
and directed staff to bring back certain amendments contained in this ordinance;
WHEREAS, the City Council has considered all documents and comments in the
record in connection with this ordinance;
WHEREAS, the City desires to extend the length of a residential pier permit from
one (1) year to a maximum of ten (10) years to provide greater assurances to the
tidelands users and to clarify the persons authorized to use residential piers; and
WHEREAS, the City desires to clarify existing code language regarding
commercial piers authorized to encroach in front of adjacent property by codifying the
Harbor Resources Manager's interpretation of Subsection 17.60.060(E), which allows
commercial piers to encroach in front of adjacent property but does not relieve a person
from compliance with Subsection 17.35.020(F), this interpretation and codification is
consistent with the City Council's original intent in enacting Subsection 17.60,060(E)
and this interpretation shall be applied retroactively.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Subsection "(M)(5)(b)" of Section 17.01,030 of the Newport Beach
Municipal Code is amended to read as follows:
Noncommercial Pier. The term "noncommercial pier" shall
mean a pier used for private recreational purposes by the
owner(s), occupant(s), guest(s) or lessee(s) of the abutting
residentially zoned upland property.
Section 2: Subsection "(B)(2)" of Section 17.35.020 of the Newport Beach
Municipal Code is amended to read as follows:
With the prior approval of City, piers and slips for commercial
properties may extend past the prolongation of the property
line.
Section 3: Section 17.60.030 of the Newport Beach Municipal Code is amended
to read as follows:
17.60.030 Pier Permits for Noncommercial Piers.
A. Pier Permits, Permits for piers and other structures
used for noncommercial purposes in Newport Harbor located
upon public tidelands shall be renewed upon expiration.
B. Rental Fees.
r
1. Rental Fee Required. Every owner or permit holder who
maintains a pier used for noncommercial purposes, any part
of which extends into public tidelands, shall pay to the City
the applicable pier permit rental fee for such portions of the
pier that extend into public tidelands, as established by City
Council resolution.
C. Transfer of Noncommercial Pier Permits.
1. Permits for harbor structures are issued subject to the
condition that any improvements constructed shall not be
sold in whole or part, leased, or transferred, without the
written consent of the City.
2. Whenever a permittee sells the abutting residential
upland property, a request shall be made to the City to
transfer the permit. Forms for this purpose may be obtained
from the Harbor Resources Division. Failure to apply for a
transfer within thirty (30) days from the date that the abutting
upland residential property changed ownership will result in
an additional fee as established by resolution of the City
Council.
3. Along with the City Manager, the Harbor Resources
Division is authorized to approve transfers to the new
owners or long -term lessee of the abutting upland residential
property.
4. Prior to the transfer of a pier permit, all harbor structures
shall be inspected for compliance with the City's minimum
plumbing, electrical and structural requirements, and the
conditions of the existing permit. All structural deficiencies
must be corrected prior to the transfer of the permit.
5. Noncommercial piers may be rented /leased by the
owner(s) or occupant(s) of the abutting property to a third
party. Such rental /lease shall not be deemed a transfer
under this section.
3
Section 4: Subsection "A" of Section 17.60.060 of the Newport Beach Municipal
Code is amended to read as follows:
A. Leases /Permits. In the event public trust lands are
used by an entity other than the City, then that entity shall
enter into a lease or permit with the City.
1. Leases shall provide lessees with a leasehold interest
in the property for a period of at least five (5) years, not to
exceed a period of time as limited by the City Charter or
applicable State law.
2. Permits shall provide permittees with an interest in the
property for a period of ten (10) years or less, to be
determined in the sole and absolute discretion of the City.
Section 5: Subsection °E" of Section 17.60.060 of the Newport Beach Municipal
Code is amended to read as follows:
Commercial uses provided under this Title 17 are exempt
from any provision requiring involvement of the owner or
long -term lessee of an abutting upland property. This
Subsection's sole purpose is to allow a person to apply for a
commercial pier permit or lease in front of or encroaching
upon abutting upland property not owned or (eased by the
person applying for the permit.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance. Except as expressly
modified herein, all other provisions, terms, and covenants set forth in the Newport
Beach Municipal Code shall remain unchanged and shall be in full force and effect.
Section 7: 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 hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared invalid or
unconstitutional.
Section 8: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ( "CEQK) pursuant to Sections
M
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 introduction
and adoption of this ordinance is not a project under CEQA Regulation Section
15061(b)(3) because it has no potential for causing a significant effect on the
environment.
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 26th day of November, 2013, and adopted on the 10th
day of December, 2013, by the following vote, to wit:
AYES, COUNCILMEMBERS Gardner, Petros, Hill, Henn
Daigle, Mayor Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
RECUSED, COUNCZIMEMBERS Selich
ATTEST: y —
46 / ►`
LEILANI 1. BROWN, CITY CLERK
THE CIT T,DTZNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
5
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No.
2013 -27 was duly and regularly introduced on the 26th day of November, 2013, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of
December, 2013, and that the same was so passed and adopted by the following vote, to wit:
AYES: Gardner, Petros, Hill, Henn, Daigle, Mayor Curry
NAYS: None
RECUSED: Selich
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11 th day of December, 2013.
V-1 ;:O fk
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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. 2013 -27 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: November 30, 2013
Adopted Ordinance: December 14, 2013 q1,�
In witness whereof, I have hereunto subscribed my name this gD `� day of
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City Clerk'
City of Newport Beach, California
(Seal)