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HomeMy WebLinkAbout2016-10 - Establishing Surfing Regulations to Protect Users of Designated Surfing Areas, Designated Surfing Areas, and Rescinding Resolution No. 95-116RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ESTABLISHING SURFING REGULATIONS TO PROTECT USERS OF DESIGNATED SURFING AREAS, DESIGNATING SURFING AREAS, AND RESCINDING RESOLUTION NO. 95-116. WHEREAS, the City of Newport Beach ("City") is the grantee of tide and submerged lands, including ocean beaches, within the corporate limits of the City of Newport Beach; and WHEREAS, members of the general public have certain constitutional and statutory rights relative to the use of, and access to, ocean beaches; and WHEREAS, municipal regulation of the use of ocean beaches will promote the public health, safety and welfare by reducing the potential for conflict between various users such as surfers and swimmers; and WHEREAS, the City Council is authorized, pursuant to provisions of Newport Beach City Charter and the Newport Beach Municipal Code, to adopt reasonable regulations specifying when the City's ocean water and beaches may be used for surfing, swimming, and otheractivities; and WHEREAS, on October 9, 1995, the City Council adopted Resolution No. 95-116 designating surfing areas establishing regulations regarding surfing and other activities within the City's ocean and its beaches, with such areas designated as Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3 (the "Surfing Regulations"); WHEREAS, in 2013 the City established the "Blackball Working Group", which comprised of individuals from the City's Parks, Beaches, and Recreation Commission, Fire Department, Police Department, and Recreation & Senior Services Department. The Blackball Working Group was established to review the Surfing Regulations and the Newport Beach Municipal Code, gather community input, and bring forward recommendations approved by the Parks, Beaches and Recreation Commission regarding amendments to the Surfing Regulations that would optimize safety and usage of Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3; and WHEREAS, on July 28, 2015, the Blackball Working Group presented the City Council with the Parks, Beaches and Recreation Commission's recommended amendments to the Surfing Regulations. At that time, the City Council also received and considered public testimony from interested groups and other individuals regarding the Parks, Beaches and Recreation Commission's recommended amendments to the Surfing Regulations. The City Council instructed staff to prepare this resolution to amend the Surfing Regulations as follows: (1) clarify the easternmost boundary of Surfing Area No. 3 and (2) update the circumstances when the appropriate City official may prohibit surfing and other activities in Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3. The purpose of this Resolution is to make such clarification and update, and to provide other general clean-up Resolution No. 2016-10 Page 2 of 4 amendments to the Surfing Regulations, including updating the definition of the term "surfboard;" and WHEREAS, The City Council finds and declares as follows: A. Regulations on the use of City's ocean and its beaches specified in this resolution are intended and designed to minimize any unsafe conditions or conflict between the various users of the ocean water and thereby reduce the potential for personal injury or property damage; B. These regulations are consistent with the authority of the City Council to regulate the public's right to use and access the City's ocean and its beaches. These regulations are consistent with the City's police power to protect the public health, safety, and welfare; and C. These regulations are the product of extensive review and analysis of the interests and desires of all users of ocean water, as well as homeowners and property owners who are impacted by members of the public who use the ocean water and its beaches. The regulations satisfy these often competing interests and desires to the maximum extent possible. These regulations represent fundamental policy decisions on the use of an important public resource. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The above recitals are true and correct and are incorporated into the operative part of this resolution. Section 2: Definitions. As used herein, the following terms shall have the following definitions. (A) Blackball Flag. The term "blackball flag" shall mean any flag or sign primarily comprised of a yellow background with a large black circle in the center that is raised or otherwise posted by an employee of the City of Newport Beach. (B) Flotation Device. The term "flotation device" shall mean any object other than a surfboard that is buoyant or adds to the buoyancy of the user (other than fins). (C) Surfboard. The term "surfboard" shall mean any device: (i) Which floats on or about the surface of the water and is being ridden by a person while standing; or (ii) That is more than forty-four (44) inches in length and is being used in the ocean water; or Resolution No. 2016-10 Page 3 of 4 (iii) Made of, includes, or is covered, in whole or part, with any hard substance, including, but not limited to, wood, metal, fiberglass, or hard plastic and is being used in the ocean water. (D) Surfing. The term "surfing" shall have the same meaning as Newport Beach Municipal Code section 11.16.010 or any successor statute. (E) Wedge. The term "Wedge" shall mean the area of ocean water and ocean beach between 20 feet westerly of the Newport Harbor West Jetty and Lifeguard Tower P. Section 3. Permitted Surfing Areas. Surfing is permitted in the following areas subject to the restrictions and regulations specified in this Resolution. (A) Area No. 1. The area of ocean and ocean beaches between the west boundary of the City of Newport Beach at the Santa Ana River mouth and 20 feet westerly of the Newport Harbor West Jetty; (B) Area No. 2. The area of ocean and ocean beaches between the area beginning 20 feet easterly of the Newport Harbor East Jetty and extending to a point 200 feet easterly from the Newport Harbor East Jetty; (C) Area No. 3. The area of ocean and ocean beaches which lies between a prolongation of the current alignment of the City of Newport Beach streets currently known as Poppy Avenue and Cameo Shores Road. The City Council intends for Area No. 3 to include, without limitation, the area currently known as Little Corona Beach and for such Area No. 3 to extend east to the westernmost boundary of Crystal Cove State Park; (D) Surfing is prohibited except in those places and those times expressly permitted by this Resolution. Section 4: Surfing Restrictions and Regulations. Surfing in Areas No. 1, No. 2, and No. 3 are subject to the following restrictions and regulations: (A) Without limitation as to time of day or time of year, when the supervising Marine Operations Watch Commander, or his or her designee, determines that there is an unsafe condition in the ocean water, or a conflict resulting from the actual or potential presence of more than one "User of the Ocean Water," he or she has the authority to display or order the display of a blackball flag and prohibit (1) surfing, (2) the use of a surfboard, and/or (3) the use of a flotation device, in any or all portions of Surfing Area No. 1, No. 2, and/or No. 3 for the entire duration during which the blackball flag is displayed. The phrase "User of the Ocean Water" shall include any person using a surfboard or flotation device as well as any other person in or on the ocean water or its beaches; (B) Surfing and flotation devices are prohibited at the Wedge between the hours of 10:00 a.m., and 5:00 p.m., from May 1 st through October 31 st of each year; Resolution No. 2016-10 Page 4 of 4 (C) Surfing is prohibited in the area between the midline of the rock groins located approximately on the prolongation of 40th Street and 44th Street between May 1st and October 31st, inclusive, of each year; Section 5: CEQA. The City Council finds the amendments to its designations of Surf Areas and its surfing regulations are 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 6: Severability. 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 or invalid. Section 7: Effective Date. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. BE IT FURTHER RESOLVED Resolution No. 95-116 is rescinded in its entirety. ADOPTED this 26th day of January, 2016. ATTEST: �4w �8mw'-- Leilani I. Brown City Clerk Diane B. Dixon Mayor 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 resolution, being Resolution No. 2016-10 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 26`h day of January, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of January, 2016. City Clerk Newport Beach, California (Seal)