January 25, 2022
Agenda Item No. 10
ORDINANCE NO. 2022-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
17.01.030 AND SECTION 17.60.040 OF THE NEWPORT
BEACH MUNICIPAL CODE TO DELETE VESSEL LENGTH
REQUIREMENTS AND CLARIFY APPROVAL
RESPONSIBILITY FOR THE MULTIPLE VESSEL
MOORING SYSTEM AND TO REQUIRE COMPLIANCE
WITH APPLICABLE PLANS AND SPECIFICATIONS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
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 City adopted
contained in Title 17 (Harbor Code)
("Code" or "NBMC");
gulations for Newport Harbor, which are
of the Newport Beach Municipal Code
WHEREAS, a multiple vessel mooring system ("MVMS") consists of a floating platform at a single-vessel mooring location to which multiple smaller boats berth (via side -tie), thereby allowing for increased boat storage, and there are approximately twelve MVMS within Newport Harbor's two single anchor mooring systems (Newport Harbor Yacht Club and Balboa Yacht Club mooring fields);
WHEREAS, the amendments to the NBMC will clarify the MVMS requirements and remove a vessel length requirement which the Harbor Commission has determined is no longer applicable because a small vessel length may exceed the length of the MVMS float;
WHEREAS, the City Council intends to concurrently adopt a resolution approving a revision to the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities ("Harbor Design Standards") in order to adopt plans and specifications for MVMS; and
Ordinance No. 2022-4
WHEREAS, the City shall file a copy of this ordinance with the California Department of Boating and Waterways prior to its adoption and at least thirty (30) days prior to its effective date, as required by California Harbor and Navigations Code Section 660(a).
NOW THEREFORE, the City Council of the City of Newport Beach does ordain as follows:
Section 1: The definition of Multiple Vessel Mooring System set forth in Subsection (J)(11) of Section 17.01.030 (Definitions of Terms) of Chapter 17.01 (Definitions) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended to read as follows:
J. Definitions: M. col
11. Multiple Vessel Mooring System. The i
ltiple vessel mooring system"
shall mean a floating platform secured to a si r double anchor mooring system which allows multiple vessels to be secured.
Section 2: Subsection (B)(1)(c) of Section 17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended to read as follows:
17.60.040(B)(1) Exception#
C. Multiple Vessel Mooring System Program. The Harbormaster gepai4meRt may approve a multiple vessel mooring system in the single anchor mooring areas of Newport Harbor. An application and applicable fee, established by resolution of the City Council, for a multiple vessel mooring system shall be submitted in writing to the Harbormaster Depa*neRt, whoief}shall evaluate the application based upon standards established and the application shall be approved if the Harbormaster DeeRt makes the findings under the applicable standards and those set forth in Section 17.05.140(D)(1).
Section 3: All currently approved MVMS within Newport Harbor shall be brought into compliance with the City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities, as amended, within ninety (90) days of the effective date of this ordinance.
Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Ordinance No. 2022-4
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 Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because the ordinance will result in negligible or no expansion of existing use.
Section 7: Except as expressly modifies
subsections, terms, clauses and phrases set forth
shall remain unchanged and shall be in full force z
Section 8: The Mayor shall sign a
of this ordinance. The City Clerk shall cansi
published pursuant to City Charter Section
effect thirty (30) days after its adoption by a
ice, all other sections,
Beach Municipal Code
ity Clerk shall attest to the passage
linance, or a summary thereof, to be
s ordinance shall be in full force and
vote of the City Council.
Ordinance No. 2022-4
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, 2022, and adopted on the 8th day of February, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY A
KEVIN MULDOON, MAYOR