Newport Beach
City Council
Agenda Item 3
3. Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of\nPiers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the\nNewport Beach Municipal Code and Repealing City Council Policy H-1\na) Find the introduction and adoption of this ordinance is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the\nactivity will not result in a direct or reasonably foreseeable indirect physical change in\nthe environment) and 15060(c)(3) (the activity is not a project as defined in Section\n15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,\nChapter 3, because it has no potential for resulting in physical change to the\nenvironment, directly or indirectly. Additionally, find the introduction and adoption of\nthis ordinance is exempt from CEQA environmental review pursuant to Sections\n15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the\nCEQA Guidelines. The ordinance will not change existing law but instead formally\nincorporates existing regulations and guidelines into the Municipal Code. Further,\nnew regulations added by the ordinance pertain to existing dock facilities and\nstructures with negligible or no expansion of use or the replacement or reconstruction\nof existing structures and facilities with substantially the same purpose and capacity\nas the replaced structures; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2023-16, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Sections 17.35.030 (Bayward Location of Piers and Floats)\nand 17.35.060 (Balboa Island - Noncommercial Piers) of the Newport Beach\nMunicipal Code and Repealing City Council Policy H-1, and pass to a second\nreading on November 28, 2023.\nStaff Report\nAttachment A - Council Policy H-1 (redline and repealed)\nAttachment B - Newport Beach Municipal Code (redline)\nAttachment C - Ordinance No. 2023-16\nNovember 14, 2023