Ordinance No. 2024-15 and Resolution Nos. 2024-46 & 2024-47: Harbor Commission Recommendations and Alternative Recommendations for Rental Rates for Moorings

2024070525

City of Newport Beach

NOE - Notice of Exemption

7/15/2024

7/15/2024

Jaime Murillo

City of Newport Beach

Deputy Community Development Director

Lead/Public Agency

100 Civic Center Drive
Newport Beach , CA 92660

(949) 644-3209

jmurillo@newportbeachca.gov

Newport Harbor

92660

Categorical Exemption

Class 1: Existing Facilities (Section 15301) and Class 2: Replacement and Reconstruction (Section 15302)

The the setting of fair market value rent for moorings located upon tidelands introduction and adoption of this ordinance is not subject to the California 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the setting of fair market value rent for moorings and amending regulations for of mooring permits and licenses located upon tidelands is entitled to a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) and Class 2 Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The resolution and ordinance is exempt under Section 15301 because the mooring permits and licenses contemplates the continued use of existing facilities, with no expansion of the proposed use. Section 15302 exempts projects that involve the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Mooring equipment requires intermittent replacement that would occur regardless of whether the ordinance is adopted. Nothing in the ordinance specifies a wholesale replacement of a permittee’s equipment with the City’s equipment at the time of conversion from a permit to a license. The Harbormaster is left with the discretion to replace the permittee’s equipment with the City’s equipment at an interval that coincides with the equipment’s normal replacement interval. Since the mooring equipment requires intermittent replacement and the replacement of that equipment would occur on the same site and serve the same purpose, this ordinance is exempt under Section 15302. Lastly, the setting of fair market value rent and amending regulations for mooring permits and licenses for moorings located upon tidelands is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.

Statutory Exemption

Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3)

The the setting of fair market value rent for moorings located upon tidelands introduction and adoption of this ordinance is not subject to the California 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the setting of fair market value rent for moorings and amending regulations for of mooring permits and licenses located upon tidelands is entitled to a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) and Class 2 Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The resolution and ordinance is exempt under Section 15301 because the mooring permits and licenses contemplates the continued use of existing facilities, with no expansion of the proposed use. Section 15302 exempts projects that involve the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Mooring equipment requires intermittent replacement that would occur regardless of whether the ordinance is adopted. Nothing in the ordinance specifies a wholesale replacement of a permittee’s equipment with the City’s equipment at the time of conversion from a permit to a license. The Harbormaster is left with the discretion to replace the permittee’s equipment with the City’s equipment at an interval that coincides with the equipment’s normal replacement interval. Since the mooring equipment requires intermittent replacement and the replacement of that equipment would occur on the same site and serve the same purpose, this ordinance is exempt under Section 15302. Lastly, the setting of fair market value rent and amending regulations for mooring permits and licenses for moorings located upon tidelands is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.