HomeMy WebLinkAbout17 - Proposed Changes to the Newport Beach Municipal Code, Title 17 — Harbor Code - CorrespondenceReceived After Agenda Printed
January 28, 2020
Agenda Item No. 17
From: Dennis Durgan <ddurgan@att.net>
Sent: Monday, January 27, 2020 2:06 PM
To: Dept - City Council
Subject: Title 17
Dear Newport Beach City Council
Please accept this short note to say as the former City Harbormaster, how pleased I am to see the
review and revisions to Title 17 that I started working on a couple of years ago with the Harbor
Commission have finally come to fruition for your approval. Title 17 was so out of Date for all trying to
enforce many of the rules and regulations so the public can enjoy the harbor in a safe manner! I
encourage you to vote to adopt Title 17 as presented at your next meeting. I will look forward to
learning about additional modifications to part of this ordinance in the future as needed with regard to
Marine Application Permits etc. Thank you in advance for all your hard work and effort along with your
staff to compile the revised document!
Warmest Regards,
Dennis Durgan
Received After Agenda Printed
January 28, 2020
Item No. 17
Newport Beach Municipal Code
Title 17 HARBOR CODE*
Page 1/115
Title 17 (Harbor Code) Revision Comments
The following comments on proposed Newport Beach Harbor Code revisions are submitted by:
Jim Mosher (j immosher(a)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
Preface
This document is an annotated version of the "Clean Copy" of proposed Newport Beach Municipal
Code Title 17 revisions presented to the Harbor Commission at its November 13, 2019, meeting
(Item 6.3) and recommended by them for adoption by the City Council.
As indicated orally, there, I believe the revisions would benefit from further work, including
addressing the fundamental structural problems (not addressed here) which have made Title 17
(the Harbor Code) difficult to follow and apply.
Those problems arise, in part, from the code's history, including its extensive reorganization in
2008.' At that time, according to the staff report, the Planning Department wished to incorporate
portions of a still -in -progress Local Coastal Program Implementation Plant into the Harbor Code,
and the Harbor Resources Division acceded to a request from the Planning Department to
rearrange the format of the existing Harbor Code3 and policies to more closely match the structure
of the also -then -in -progress Zoning Code (Title 20). That structure, as it exists in the current Title
20, consists of: (1) Prefatory Material, (2) Use Regulations, (3) Development Standards, (4) Permit
Procedures, (5) Other Administrative Matters (including conduct of hearings, appeals and
enforcement), (6) Definitions and (7) Maps.
The execution of this reorganization was very imperfect, and resulted, as an example, in portions of
the former stand-alone Chapter 17.22 ("Mooring Regulations") being moved, somewhat arbitrarily,
to Section 17.25.020 of a new Chapter 17.25 ("Berthing, Mooring and Storage") and other parts to
Section 17.60.040 of a new Chapter 17.60 ("Harbor Permits and Leases"), making the rules both
hard to locate and hard to read together. Plus, the imitation of the Zoning Code structure was very
incomplete. So instead of a consolidated section of permitting procedures, there is a Chapter
17.10° ("Marine Activities Permit") placed in isolation from three other chapters entitled "Harbor
Development Permits," "Dredging Permits" (which seems to have been intended as a chapter of the
LCP) and "Harbor Permits and Leases" (which seems to have been intended to deal with permits
not dealt with in other chapters).
Portions of the new Title 17 underwent further significant additional alteration in 2010 in response to
a 2017 Orange County Grand Jury Report which cited the City for lax management of public
resources in the harbor, including allowing private profit from transfer of mooring permits. The
response included extensive new transferability rules written by the Newport Mooring Association
' For details of the reorganization of Ordinance No. 2008-2, see Council Item 19 from January 8, 2008
I The LCP-IP structure under consideration at that time seems to have been abandoned, and instead became
a standalone NBMC Title 21 that purposefully avoided reference to any other titles to avoid Coastal
Commission involvement in them. As a result, some sections added to Title 17 in 2008 (such as Chapter
17.55) may be duplicative of Title 21 and no longer applied in the way originally intended.
3 For a copy of Title 17 as it looked prior to the reorganization, see Council Item 3 from September 10, 2002.
4 1 remain uncomfortable with leaving Chapter 17.10 unreviewed for consistency with the other chapters
should they be adopted as revised (including the definitions in 17.01).
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 2/115
Title 17 HARBOR CODE*
with adjustments by the City Attorney, phasing out private transfers over a 10 -year period.'
The Council later reversed itself on this, restoring private transfers in 2017 by gutting much of the
2010 language, but creating further anomalies in the code.'
Further confusion was created when the Coastal Commission certified, and the City enacted, an
LCP Implementation Plan that includes, among other things, a Chapter 21.30C ("Harbor and Bay
Regulations") which duplicates, but with changes, language that had been placed in Title 17 in
2008. The significance of having the same regulation stated in different ways in different parts of
the NBMC is not clear. The same might be said of the increasing inconsistencies between Title 21
and Title 20 (which it originally sought to duplicate), but the compatibility of Title 21 with Title 20
was probably more carefully considered than its compatibility with Title 17, including, as it does,
older language intended, at one time, to be part of the LCP but never reviewed or certified by the
Coastal Commission.
It is also not clear Title 17 has ever been revised (like Title 20) in response to changes in the
General Plan (in particular, to the Harbor and Bay Element), or to facilitate goals adopted in the
Harbor Area Management Plan.
What This Is and Is Not
The following is not an attempt "correct" the confusing structure of the existing Title 17 (although I
think that is sorely needed). Nor is it an attempt to modify any of the current Title 17 policies' or the
new policies recommended by the Harbor Commission.
It is, instead, a limited attempt to point out errors and inconsistencies in what is being
recommended.
In a few cases, suggested corrections to obvious errors have been indicated by redlining using the
Word "Track Changes" feature.
Much more often, the possible need for a correction or clarification has been provided as a
comment, which should be visible in the right-hand margin. Many times the exact correction needed
was unclear to me because I am unable to decipher what the intent of the code was, and did not
want to invent new policy.
As to the formatting, the base document is what I believe to be an accurate Microsoft Word version
of Item 6.3 — Attachment A — Recommended Changes to Title 17 (clean) from the November
13, 2019, Harbor Commission meeting, provided by the City Attorney's Office with some very minor
corrections made by Assistant City Attorney Yolanda Summerhill on November 26 (not indicated by
redlining here, but noted in comments). Unfortunately, the base document also contained some
formatting features — including floating underlines and unexpected page breaks — that I have been
unable to remove. Additional "gremlins" likely remain.
See Council Item 19 from November 23, 2010 (Ordinance No. 2010-26, effective January 13, 2011).
See Council Item 3 (with amendments) from March 28, 2017, explaining Ordinance No. 2017-7.
Including those I think are illegal or wrong-headed, such as (as pointed out by the Grand Jury) seemingly
ceding control of areas of public water to private organizations and allowing private individuals to sell the right
to use public water.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Title 17 HARBOR CODE*
Chapters:
17.01
17.05
17.10
17.20
17.25
17.30
17.35
17.40
17.45
17.50
17.55
17.60
17.65
17.70
Title 17
(HARBOR
Definitions
General Provisions
Marine Activities Permit{
Vessel Launching and Operation
Berthing, Mooring and Storage
Harbor Use Regulations
Harbor Development Regulations
Live-Aboards
Sanitation
Harbor Development Permits
Dredging Permits
Oarbor Permits and Leases
Appeals
Enforcement
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Page 31115
Commented [JMM1]: Per NBMC 1.08.20, the Title,
chapter and section headings have no legal significance.
However, it seems wise they be accurate and helpful. Some
regulations in Title 17 appear to apply outside the harbor
(however that is defined), and should perhaps be placed in or
reference other code sections.
Commented [JMM2]: It is not clear why this is located
separately from the other Permit chapters (17.50 through 1
17.0).
Commented [JMM3]: These appear to be Harbor Use
regulations, as are 17.40 and 17.45, and should perhaps be
combined with 17.30, or placed as chapters in a "Part" about
Use Regulations.
Commented [JMM4]: Giving three preceding chapters
entitled "Permits", should "Harbor Permits" be "Other
Harbor Permits"?
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
Chapter 17.01
DEFINITIONS
Sections:
17.01.010
Effect of Chapter.
17.01.020
Rules for Construction of Language.
17.01.030
Definition of Terms.
Page 2/115
17.01.010 Effect of Chapter.
For the purposes of this title, the words and phrases herein defined shall, unless the
context clearly indicates otherwise, have the meanings herein set forth in this
chapter.
17.01.020 Rules for Construction of Language.
In addition to the general provisions of this Code, the following rules of
construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates to the contrary, the following
conjunctions shall be interpreted as follows:
"And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly
or in any combination.
3. "Either ... or" indicates that the connected words or provisions shall apply
singly but not in combination.
C. In case of conflict between the text and a diagram, the text shall control.
D. All references to departments, commissions, boards, or other public agencies
are to those of the City, unless otherwise indicated.
E. All references to public officials are to those of the City, unless otherwise
indicated.
17.01.030 Oeiinition of T
A. Definitions: A.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMMS]: Since these specialized definitions
(of what in many cases would seem like commonly
understood terms) are remote from their use in the Title —
and often unintuitive — I would strongly suggest some
typographic mechanism be used to distinguish defined
words in the body of the Title.
This seems to have been attempted by capitalizing some
defined words (such as "Code" and "City" in 17.01.020,
above). However, not all capitalized words appearing in Title
17 are defined in this section.
Better options available to distinguish specially defined
words include italics or underlinine.
And in the online code, the words thus distinguished would
ideally be hyperlinked to their definitions.
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
Page 3/115
1. Abutting Opland(s)I Property. The term "abutting uplands property" or
"abutting upland(s)" shall mean the adjacent bordering property held in fee or
by lease. In instances, such as on Balboa Island, where a City -owned public
walkway exists between the pier Iand the adjacent bordering property, the
"abutting uplands property" or "abutting upland(s)" shall mean the property
adjacent to and abutting the property held in fee or by lease on the landward
side of the walkway.
3-2. Anchorage or Anchorage Area. The terms "anchorage" and "anchora,
area" shall mean any portion of Newport Harbor which has been designated
pursuant to law and approved by the Federal Government for the temporary
anchorage of vessels, using the vessel's own anchoring tackle.
4.3. Applicant. The term "applicant" shall mean a person applying for a
permit under this title.
54. Approval In Concept. The term "approval in concept" shall mean a
conceptual a proval issued by the City prior to the application to the Coastal
Commissioz1for development in areas where the Coastal Commission retains
jurisdiction, which indicates the proposed development conforms in concept to
this Code and the design criteria.
6:5. Assigned Vessel. The term "assigned vessel" shall mean a vessel
lawfully owned and registered -or documented to a permittee to occupy a
designated mooring or berthing location in Newport Harbor.
B. Definitions: B.
(Back Bay. See Upper Newport Bay.l
2. Bareboat Charter. The term "bareboat charter" shall mean any vessel not
inspected by the United States Coast Guard under Title 46 of the Code of
Federal Regulations and which has been chartered for consideration.
3. Beach. The term "beach" shall mean the expanse of sand, gravel, cobble
or other unconsolidated material that extends landward from the low waterline
to the place where there is a distinguishable change in physiographic form, or
to the line of permanent vegetation. The seaward limit of a beach (unless
specified otherwise) is the mean low water line.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM6]: The plural appears to be used only
in the yet -to -be -revised Chapter 17.10 (MAP), where it could
probably be changed to singular.
"Upland" is not used at all in the Design Criteria.
Commented [JMM7]: Is this definition intended to be
used only in connection with piers? Shouldn't this be "a
harbor structure" to cover things like bulkheads?
Commented [JMM8]: This is not needed.
It is used only one time, in 17.35.010.A, where the wording,
including the reference to the CBC, is repeated.
Commented [JMM9]: The NOAH chart referred to in
17.60.040.B.3.g makes no distinction between what we call
an anchorage (vessel -carried tackle) and what we call a
mooring field (harbor -attached tackle). They are all
designated as "Special Anchorage Areas."
Commented [JMM10]: Are there no other agencies that
reauire an AIC before issuine their permits?
Commented [JMM11]: "Back Bay" appears nowhere in
Title 17 other than its mention in the definition of"Upper
Newport Bay".
Newport Beach Municipal Code Page 4/115
Chapter 17.01 DEFINITIONS
4. Beam. The term "beam" shall mean the width of a vessel. Vessel beams
are generally critical at two (2) locations of the boat, at the water line where the
boat directly interfaces the dock, and the walking deck. For the purpose of
compliance with any measurement requirements, the beam shall be interpreted
as the widest point of the vessel which includes all vessel attachments
including but not limited to boarding steps, rub rails and fixed fenders.
5. Berth. The term "berth" shall mean any location such as a floating dock,
slip, side tie, mooring and the related area (berthing area or space) adjacent to
or around it, allocated to tie up and/or store a boat.
6. Breakwater. The term "breakwater" shall mean a structure or barrier
protecting a shore area, harbor, anchorage, or basin from waves, usually
constructed as a concrete or riprap (rock wall) structure.
7. Building Official. The term "Building Official" shall mean the Building
Manager/Chief Building Official of the City's Community Development
Department, or his or her designee.
8. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the
retaining wall that separates dry land areas and water areas.
9. Bulkhead Line. The term "bulkhead line" shall mean the harbor
land/water perimeter lines established in Newport Harbor by the Federal
Government which define the permitted limit of filling or solid structures that
may be constructed in Newport Harbor. The establishment of bulkhead lines
does not necessarily allow the property owner to build to the limits of the
bulkhead line due to potential environmental considerations established by the
State of California and/or the Federal Government.
10. Business or Business Activity. The terms "business" and "business
activity" shall mean all activities, whether the activity is non-profit or for profit,
engaged in for gain, benefit, advantage or livelihood to any person, directly or
indirectly, including, but not limited to, any profession, trade, occupation,
employment or calling engaged in trade, commerce, the exchange of goods,
services, or property of any kind, transportation of persons as well as goods,
communication, renting or leasing real or personal property or that provides
any service.
C. Definitions: C.
1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean
seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has
a potential to cause severe ecological damage to coastal and nearshore waters.
2. Certified Charter. The term "certified charter" shall mean any vessel
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 51115
Chapter 17.01 DEFINITIONS
inspected by the United States Coast Guard under Title 46 of the Code of
Regulations and which has been chartered for consideration.
3. Channe . The term "channel" shall mean a water area in Newport Harbor
designated for vessel navigation with necessary width and depth requirements,
and which may be marked or otherwise designated on Federal navigation
charts, as well as in other sources.
4. Chartered for Consideration. The term "chartered for consideration" shall
mean any vessel which has been hired or leased by the owner, directly or
through an authorized representative, to any person for a voyage in exchange
for the payment of money, the receipt of something of value, or the forgiveness
of a debt.
City. The term "City" shall mean the City of Newport Beach.
6. City Council. The term "City Council" shall mean the City Council ofthe
City.
7. City Manager. The term "City Manager" shall mean the City Manager of
the City or his or her respective designee.
8. City Tide and Submerged Land. The term "City tide and submerged
land" shall mean that area within Newport Harbor granted to the City by the
State of California.
9. Coastal Access. The term "coastal access" shall mean the ability ofthe
public to reach, use or view the shoreline of coastal waters or inland coastal
recreation areas and trails.
10. Coastal Commission. The term "Coastal Commission" shall mean the
California Coastal Commission, the State agency established by State law
responsible for carrying out the provisions of the Coastal Ac € -
includinlll review of coastal Dermits on aDDeal from local aLyencies.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM12]: It is unclear whether this is
intended to by synonymous with "Federal Channel' (as
defined later), or is intended to include additional areas.
Commented [JMM13]: "respective" adds nothing I can
discern to this and the many similar definitions of City
officials.
Commented [JMM14]: Appeals are just one ofmany
duties of the CCC, including granting permits in their area
of original jurisdiction, which includes the entire harbor.
Newport Beach Municipal Code Page 6/115
Chapter 17.01 DEFINITIONS
11. (Coastal -Dependent Development or Use. The terms "coastal -dependent
development" or "coastal -dependent use" shall mean any development or use
which requires a site on, or adjacent to, the sea to be able to function at all
(from California Public Resources Code, Section 30101).1
12. Code. The term' lCode�' shall mean the Newport Beach Munici
Code.
13. Commercial. The term "commercial" shall mean any business activity
whether the business activity is nonprofit or for profit. Commercial activities
shall include, but are not limited to, marinas, charter facilities, yacht clubs,
yacht sales, rental facilities, boat yards, pier rentals and any other business
activity.
14. Commercial Fishing Vessel. The term "commercial fishing vessel" shall
mean a vessel registered by the Department of Fish and Wildlife pursuant to
Section 7880 et seq., or successor provision, of the Fish and Game Code of the
State of California, when operating under the authority of the fish and game
permit or license.
15. Community Development Director. The term "Community
Development Director" shall mean the Community Development Director of
the City or his or her designee.
16. Curren. The term "current" as applied to the flow of water shall mean
a flow of water in a particular direction. Such flows can be driven by wind,
temperature or density differences, tidal forces, and wave energy. Currents
are often classified by location, such as longshore current, surface current or
deep ocean currents. Different currents can occur in the same general area
resulting in different water flows. For example, a rip current can flow
perpendicular to the shore through the surf zone, a long shore current may
flow southerly, parallel to the coast and seasonal deep water current may
flow to the north.)
D. Definitions: D.
1. (Dead Load.1 The term "dead load" shall mean the weight of all
construction materials and equipment that may be permanently attached to a
dock.
2. Design Criteria. The term "design criteria" refers to "Waterfront
Project Guidelines and Standards, Harbor Design Criteria, Commercial and
Residential Facilities" adopted by the City and as amended from time to time,
as minimum standards for design whenever harbor permits
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM15]: This term is used only one time,
in 17.60.060.B.
It would seem more efficient to explain it there, not here.
Commented [JMM 16]: "Code" seems to be one of the
very few words that is (fairly) consistently capitalized in
Title 17 to identify it as a specially defined word.
Commented [JMMI7]: "Current" in this sense is used
only in the definition of "Erosion" (where the meaning is
obvious) and in the Design Criteria.
It is not clear why terms used only in the Design Criteria
appear in Title 17. The Design Criteria does not refer readers
to Title 17 for definitions, and it could include a definitions
section of its own.
Commented [JMM18]: Delete? This information is
interesting, but it is not used anywhere and seems irrelevant
to Title 17.
Commented [JMM19]: See note under "Current."
This term is not used in Title 17. It appears only in the
Design Criteria.
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
Page 7/115
are required. The City may require additional requirements, based on the
specific details of a particular application and project.
3. Dinghy or Tender. The term "dinghy" or "tender" shall mean a vessel no
longer than fourteen (14) feet in overall length.
4. Dock. The term "dock" shall mean a structure generally linked to the
shoreline to which a vessel may be secured. A dock may be fixed to the shore
or fixed on pilings, or may float in the water.
5. Dolphirl. The term "dolphin" shall mean a multi -pile structure that is
used for mooring large boats that generally cannot be accommodated by
floating docks.
6. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall
mean all on -land storage of vessels, including vessels normally stored in open
or enclosed rack structures, on trailers, on cradles, on boat stands, or by other
means.
E. Definitions: E.
1. Eelgrass. The term "eelgrass" shall mean a marine flowering plant
(Zostera marina) that is found primarily in coastal bays and estuaries on soft
substrate.
2. Encroachment. The term "encroachment" shall mean the extension of a
building, structure or other improvement, or part thereof, on the property or
domain of another.
3. End Tie. The term "end tie" shall mean berths located on the outermost
end of a floating dock structure where the dock is alongside only one side of
the boat. The boats associated with an end tie may be situated beyond the
pierhead line along the channel.
4. Erosion. The term "erosion" shall mean the wearing away of land by
natural forces. On a beach, erosion is the carrying away of beach material by
wave action, currents or wind.
5. Estuary. The term "estuary" shall mean the region near a creek or river
mouth in which the fresh water of the river mixes with the salt water of the sea.
F. Definitions: F.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM20]: In Title 17, used only in definition
of "Mono Pile" — which is itself used nowhere.
"Dolphin" (but not "Mono Pile") is used in the Design
Criteria
Newport Beach Municipal Code Page 8/115
Chapter 17.01 DEFINITIONS
1. Fairway. The term "fairway" shall mean an area of water adjacent to slips
or mooring buoy locations that feeds into a channel, and which is used for
direct access to slips or moorings. When associated with slips, the fairway is
defined as lying between the outer end of a line of fingers and the nearest
obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side
ties, etc.). When associated with a mooring area, the fairway is defined as lying
between the outer ends of the mooring buoys on either side bf the fairway as
set forth in Council Policvl.
2. Federal Channel. The term "Federal channel" shall mean that area of the
Lower Newport Bay described by the Army Corps of Engineers, Chief of
Engineer to Congress on November 11, 1936, as recorded in the First Session
of the Seventy -Fifth Congress in 1937.1
3. Finance Director. The term "Finance Director" shall mean the Finance
Director of the City -or his or her respective designee.
4. Finger. The term "finger" shall mean a portion of a floating dock section
that is perpendicular or at an angle to the walkways and is used for tying up and
boarding vessels.
5. Fire Chief. The term "Fire Chief" shall mean the Fire Chief of the City or
his or her respective designee.
6. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term
"freeboard" shall mean the distance between the water surface and the
walking surface of the dock system.
b. Vessel Freeboard. For the purposes of vessels, the term "freeboard"
shall mean the vertical distance between the water line and the top of the
gunwhale. -
7. Functional Capacity. In terms of wetlands and estuaries, the term "functional
capacity" shall mean the ability of the wetland or estuary to be self-sustaining
and to maintain natural species diversity.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM21]: Delete?
This part of the definition seems circular, and it is not clear
Council Policy adds clarity to it.
It is also not clear if single -point mooring fields have
fairways or this term applies only to double -point ones.
It is likewise unclear how the definition applies to onshore
mooring areas.
Commented [JMM22]: It is unclear if the Title 17 code
or Design Criteria wish to distinguish this term from the
prior definition of "Channel'.
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
G. Definitions: G.
Page 9/115
1. Gangway. The term "gangway" shall mean a structure that provides
pedestrian access from land to the floating docks. One end is generally attached
to the bulkhead, fixed pier or landside with a hinge, and the other end rolls on
gangway wheels or slide plates, which rest directly on the dock surface. The
word "brow" is synonymous with "gangway."
2.. Praywaterl. The term "graywater shall mean all water and other fluids used
on a vessel for any purpose whatsoever, including but not limited to, washing
or cleaning clothing, linens, towel, bedding or other linens; washing or cleaning
cooking equipment,_ eating utensils, or serving ware; bathing, showering or
cleansing; and/or washing and/or cleaning all or any portion of the interior of a
vessel, including but not limited to, heads, kitchens, engine rooms, floors,
windows, furniture, equipment or other portions of the interior of the vessel.
»__» -------------mob ..� .,...... Y....,.., ...�».,.»��,., �.. »�����.»».,, ••Y•»Y
c
Commented [JMM23]: This is used only in Chapter 17.10
(MAP) — and even then only in once -- and it is spelled there
as two words "gray water".
The two should be made consistent.
n Gr-oi System or %`_ eiv. Field. The teRn "MFOi., .Stem" �<<r.-...
field" L Commented [JMM24]: These terms are not used
anywhere in Title 17 or the Design Criteria.
H. Definitions: H.
1. Harbor Commission. The term "Harbor Commission" shall mean the
Harbor Commission of the City.
2. Harbor Department. The term "Harbor Department" shall mean the
Harbor Department of the City. Any provision within this Code or any
uncodified ordinance or resolution referring to the Harbor Resources
Division Ishall mean the Harbor Department. Commented [JMM25]: Might it not now mean Public
Works??
3. Harbor Lines. The term "harbor lines" shall mean all established
bulkhead, pierhead, and project lines as defined within Newport Harbor bythe
Federal, State, County and City-. The harbor lines in Lower Newport Bay
have been established by an act of the U.S. Congress and can only be
modified by an act of Congress.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 101115
Chapter 17.01 DEFINITIONS
4. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor
maintenance uses, equipment and facilities" shall mean all uses and their
related equipment, vessels, docking, and land storage facilities and access
which provide: dredging and beach replenishment; demolition, repair and new
construction of docks, piers, bulkheads, and other in -and -over -water structures;
mooring maintenance and repair; and/or waterborne debris and pollution
control, collection, and removal. This category also includes environmental,
survey, or scientific vessels and related equipment based, or on assignment, in
Newport Harbor. All vessels under this definition may also be referred to as
"work boats."
5. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of
the City, or his or her designee. Any provision within this Code or any
uncodified ordinance or resolution referring to the Harbor Resources Manager
shall mean the Parbormastei. Commented [JMM26]: Or Public Works Director?
6. Harbor Structures. The term "harbor structures" refers to any pier, float,
piling, bulkhead, seawall, reef, breakwater br any other structure �n, upon or
over the waters of Newport Harbor or the Pacific Ocean or any other water
where the tide ebbs and flows within the City_
%
Commented [JMM27]: To clarify what "other structures"
this manes should this say "other than a watercraft" or "in
a permanent location"7
Since this seems to be the trigger for needing a Harbor
7. Habitat. The term "habitat" shall mean the locality, including the
�
Development Permits' is it intended to not include onshore
and offshore moorings? How about Multiple Vessel Mooring
physical and biological environment, in which a plant or animal lives.
Systems? What, if anything, distinguishes those from being
"structures"?
8. Headwalk. The term "headwalk" shall mean that portion of a dock that serves
as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be
attached directly to headwalks. Headwalks are generally parallel to the
bulkhead.
9. Houseboat. The term "houseboat" shall mean any vessel or harbor
. a
structurei ,,..,tei-7 , ^„ ^r �„ ��,floating or nonfloating, which 1S designed Or ,-'' Commented [JMM28]: Use of previous definition of
fitted out as a place of habitation and is not principally used for transportation. "harbor structure" avoids need for further clarification.
10. Human -Powered Vessel. The term "human -powered vessel" shall mean
a vessel that is being propelled by the human body through the use of oars,
paddles, or the like and without the use of wind, a motor, or other machinery.
I. Definitions: L.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 111115
Chapter 17.01 DEFINITIONS
1. Launching Facility. The term "launching facility" shall mean a generic
term referring to any location, structure (ramps, docks), and equipment (cranes,
lifts, hoists, etc.) where vessels may be placed into and retrieved from the
harbor waters.
2. Live -Aboard. The term "live -aboard" shall mean the use or occupancy
of a vessel as a (domicile while at its dock, berth, or mooring for a period
exceeding seventy-two (72) hours in any thirty (3 0) day period.
3. sive Load. The term "live load" refers to the
loads such as pedestrians and berthing loads.
of all
4. Local Coastal Program (LCP). �he term "Local Coastal Program" or
"LCP" shall mean a local government's: (a) land use plans, (b) zoning
ordinances, (c) zoning district maps, and (d) within sensitive coastal resources
areas, other implementing actions which, when taken together, meet the
requirements of, and implement the provisions and policies of the Coastal Act
at the local level.
The term "longshore" shall mean parallel to and near the
shoreline
6. Lower Newport Bay. The term "Lower Newport Bay" shall mean the
area of th"Newport Bay (south of -Coast Highway.
Definitions: M.
Commented [JMM29]: Should be "dwelling" or "for
habitation"?
"Domicile" typically means permanent legal residence. 72
hours would not seem to make something a "domicile."
The intended sense seems to be like a stay at a motel, which
few would call their domicile.
It is likewise unclear if the 72 hours are meant to be
continuous or a cumulative total over 30 days; and if the
latter, exactly which hours onboard count toward the total.
Commented [1MM30]: Used only in the Design Criteria.
Probably would best be described there.
Commented [JMM31]: Shouldn't this be updated?
Newport Beach now has a certified LCP consisting of its
Coastal Land Use Plan and Implementation Plan (NBMC
Title 21).
Commented [JMM32]: Delete?
Used only in definition of "current" — where it is part of text
that might be deleted.
Commented [JMM33]: "Newport Bay" is defined later,
but there is no separate definition of "Bay"
1. Maintenance Construction. The term "maintenance construction" shall
mean the reconstruction or replacement within the existing footprint of no
more than twenty (20) percent, or less, of the total replacement value of
O+L-
anjexisting pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or - Commented [JMM34]: "the" makes no sense in the
other structure, as well as other criteria as stated in subsequent sections of this absence of an antecedent it refers to.
title. Construction estimates and the total value of work on any given project
is based onpre-determined values of various work on record and established
by the City.. Commented [JMM35]: Delete extra period.
2. Mainwalk. The term "mainwalk" shall mean that portion of a dock that
serves as a primary pedestrian access to fingers and slips. Fingers are generally
attached directly to mainwalks. Mainwalks are generally perpendicular to the
bulkhead and headwalk, and may connect directly to a headwalk.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
K.
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
Page 12/115
3. Marina. The term "marina" shall mean a commercial berthing facility
(other than moorings, anchorage or noncommercial pier) in which vessels are
Continuously I et -stored (in water) and/or dry -stored (on land/racks).
4. Marine Activity Permittee. The term "marine activity permittee" shall
mean any person, or persons, partnership, corporation, or other entity holding a
permit issued pursuant to the provisions of Chapter 17.10 of the Newport
Beach Municipal Code.
5. Marine Sales and Services, Uses and Vessels. The term "marine sales and
services, uses and vessels" shall mean related business activities which provide
repair, maintenance, new construction, parts and supplies, fueling, waste
removal, cleaning, and related services to vessels berthed in, or visiting,
Newport Harbor.
Commented [JMM36]: The very similar definitions of
"marina" in Titles 20 and 21 include reference to 5 or more
vessels staying 30 days or more.
Commented [JMM37]: It is not clear how this term (here
and in Titles 20 and 21) is intended to be interpreted as the
vessels may come and go.
Commented [JMM38]: Delete? Not used in Title 17 or
Design Criteria
6. Mean Lower Low Water (MLLW). The term "mean lower low water"
or "MLLW" shall mean the nineteen (19) year average ofhe lower low ,, Commented [JMM39]: "only" adds nothing.
water heights. MLLW is the datum used to define elevations of structures
within the bay, along the -coastline, and for navigation.
7. Mono Pile. The term "mono pile" shall mean a normally large diameter
pile that is used for mooring large boats that generally cannot be
accommodated by floatin docks. Generally, mono piles and dolphin piles are
used for similar purposes.
8. Mooring. The term "mooring" shall mean a device consisting of a
floating buoy or other object that is secured to the harbor bottom by an anchor
system for purposes of securing a vessel and includes any apparatus used to
secure a vessel in Newport Harbor which is not carried aboard such vessel as
regular equipment when under way.
9. Mooring Area. The term "mooring area" shall mean an area designated
for a group of moorings.
10. Motorboat. The term "motorboat" shall mean anv vessel
propelled by machinery actuated b a moto .
11. Mud Line. The term "mud line" shall mean the highest elevation of
accumulated sediments.
Commented [JMM40]: Delete? Not used in Title 17 or
Design Criteria
Commented [JMM41]: Used only in 17.20.020.B.1—
regarding restriction on use oc channel on south side of Bay
Island.
Commented [JMM42]: "machinery" alone would seem
to include human -powered propulsion machinery.
Commented [JMM43]: Used only in the Design Criteria
where it is one word: "mudline".
12. Multiple Vessel Mooring System. The term "multiple vessel mooring
system" shall mean a floating platform secured to a single or double anchor
system which allows multiple vessels to be secured that are khorter �n overall J Commented [JMM44]: Is this a requirement? Or can they
length than the side of the platform to which the vessels are to be moored. overhang'
Definitions: N.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 13/115
Chapter 17.01 DEFINITIONS
1. New Construction. The term "new construction" shall mean: the
erection or construction of a new pier, float, gangway, piling, seawall, reef,
breakwater or other structure; or the improvement, conversion, extension,
reconstruction or replacement of more than twenty (20) percent of the
replacement value of an existing pier, float, gangway, piling, bulkhead, seawall,
reef, breakwater or other structure. Construction estimates and the total value
of work on any given project is based on pre -determined values of various work
on record and established by the City.N
2. Newport Bay. The term "Newport Bay" shall mean the
of the Lower Newport Bay and the Upper Newport Bdy.
3. Newport Harbor. The term "Newport Harbor" shall mean the water area
within the Lower Newport Bay and within the Upper Newport Bay, exclusive
of the (Upper Newport Bay Ecological Reserve.
4. Nonprofit Organization. The term "nonprofit organization" shall mean an
entity designated as tax exempt by the Internal Revenue Service or the State
Franchise Tax Board.
L. Definitions: 0.
1. Offshore Mooring. The term "offshore mooring" shall mean a mooring
that is located bayward of the pierhead line and is comprised of a single or
double buoy, weight and chain installed for the purpose of berthing a vessel as
provided by Chapter 17.25.
2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall
mean a mooring for vessels which is located in the nearshore perimeter of the
harbor and its islands, perpendicular to the shoreline. One end of the mooring
line is attached to a point on or adjacent to the bulkhead, and the other end is
attached to a single buoy, weight and chain installed for the purpose of berthing
a vessel,, as provided by Chapter 17.25.
3. Open Coastal Waters. The term "open coastal waters" shall mean the area
composed of submerged lands at extreme low water of spring tide extending
seaward to the boundaries of the exclusive economic zone (twelve (12) to two
hundred (200) miles). This includes navigation channels, turning basins, vessel
berthing, anchorage and mooring areas of Newport Bay.
4. Operable. The term "operable" shall mean capable of safely maneuvering
under the vessel's own power from the mooring to a demarcation line
designated by the appropriate authority and generally to be defined as the line
between the seaward ends of the harbor entrance jetties and back to the
mooring.
Commented Umm45]: Delete extra period.
Commented [JMM46]: The definition is circular since
"Lower Newport Bay" and "Upper Newport Bay" are
described as the parts of "Newport Bay" south and north of
PCH, but what the `Bay" is is not defined.
A better definition might be something like:
"The term "Newport Bay" shall mean the waterways within
the City that connect to the Pacific Ocean, but not including
the ocean."
Commented [JMM47]: Should this include the Semeniuk
Slough (which was the primary tributary of the estuary prior
to damming)?
Is it part of Upper Newport Bay since it is a waterway north
of PCH?
17.20.020 ("Vessel Operation") applies the 5 knot speed
limit to "the water in the present or prior channel of the
Santa Ana River within the City" but that is the only clear
reference to it, and it implies the Slough is not part of
Newport Harbor.
Commented [JMM48]: "Upper Newport Bay Marine
Park" appears to be an obsolete term that is found only in
City of Newport Beach documents, and is not defined in
Title 17.
The City's 2009 Coastal Land Use Plan (and Title 21
perpetuates the term) says "The 752 -acre Upper Newport
Bay Marine Park preserves one of the largest coastal
wetlands in Southern California."
That matches the acreage of the what the state calls the
"Upper Newport Bay Ecological Reserve" which appears to
be the current name for a sub -area within the Upper Newport
Bay State Marine Conservation Area. That sub -area of the
SMCA north of North Star Beach — Shellmaker Island
appears to be what was intended to be excluded from the
City's definition of "Newport Harbor."
According to a footnote to Policy HB 7.2 in the Harbor and
Bay Element of the 2006 General Plan, "State Marine Park"
was being considered as a new designation, but it does not
seem to have ever been adopted.
Commented [JMM49]:
These are different concepts.
A corporation that registers as "non-profit" has to apply
separately for "tax exempt" status (which it may or may not
qualify for). Conversely, tax exempt status may be conferred
on an entity (such as a political organization) that does not
identify itself as a "non-profit".
If a specific IRS tax-exempt category is intended, such as
501(c)(3), it should probably be stated.
In any event, in the body of Title 17, the term "nonprofit" is
used only once, in 17.25.030.A. Lb, with regard to storing
boats on public beaches. The intended sense there is not
quite clear.
l Yacht clubs would not qualify there, as their activities are
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
M
Newport Beach Municipal Code Page 14/115
Chapter 17.01 DEFINITIONS
5. Operator. The term "operator" shall mean the person who operates or
who has charge of the navigation or use of the -a vessel.
Definitions: P.
1. Pacific Ocean. The term "Pacific Ocean" shall mean the waters off ofthe
City from the beach to a point three (3) nautical miles seaward.
2. Passenger. The term "passenger" shall mean every person other than the
operator and a member of the crew or other persons employed or engaged in
any capacity on board a vessel in the business of that vessel.
3. Permittee(s). The term "permittee(s)" shall be the person or entity who
holds a validly issued permit under any provision of this title.
4. Person. The term "person" shall mean an individual, proprietorship, firm,
partnership, joint venture, syndicate, business trust, company, corporation,
association, committee or any other legally recognized entity.
5. Pier. The term "pier" shall mean any fixed or floating structure for
securing vessels, loading or unloading persons or property, or providing access
to or over the water. A pier includes wharf, dock, slip, gangway or float, or any
other landing facility and floating dry dock.
a. Commercial Pier. The term "commercial pier" shall mean a pier
adjacent to commercially or non -residentially zoned property with single or
multiple berths which are rented or leased, including any pier used in
connection with marinas, charter facilities, yacht clubs, yacht sales, rental
facilities and boat yards. For purposes of this chapter, multiple piers which
are adjacent to a lot or parcel of land occupied by a multifamily dwelling or
dwelling units that are income generating, and structures adjacent to
commercially zoned uplands that are business or income generating in
nature, shall be deemed commercial.
b. 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 uplandproperty.
C. Public Pier. The term "public pier" shall mean a pier used forpublic
recreational purposes provided by a public agency.
6. Pierhead Line. The term "pierhead line" shall mean the harbor water area
perimeter lines established in Newport Harbor by the Federal Government, the
City, or private associations that define the permitted limit of fixed pier,
floating dock and other in -water structures which may be constructed in the
harbor. The pierhead line typically shall define the limit of pier and floating
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM50]: Is this intended to include
government agencies and their agents?
17.50.010.0 implies it does.
Commented [JMM51]: What authority do "private
associations" have to set the pierhead line?
Why was this added, and what does it mean?
Title 17 provides no procedure for changing any of the
harbor lines. Is the pierhead line now whatever an
association says it is?
Similarly, what latitude does the City Council have to
change harbor lines?
Newport Beach Municipal Code Page 151115
Chapter 17.01 DEFINITIONS
dock structures and defines the limit of construction except as otherwise
approved by the Harbor Commission..
7. Police Chief. The term "Police Chief' shall mean the Chief of Police of
the City or his or her respective designee.
8. Project Line. The term "project line" shall mean the harbor water area
channel lines of the improvements constructed by the Federal Government in
1935-1936. ISee, Qtv 434----44 Be-asl} ),V-aterfreatPi:ej€stGiuid€dineas-awl
Criteria re ffi . eare-:.,t ..na Reasido..t:.,1 L'Re:1:t:0s � I
9. (Property Owner. The term "property owner" shall mean the owner of the
abutting upland property who has obtained a permit to place a structure in
Newport Harbor pursuant to Chapter 17.50.1
10. Public Trust Lands. The term "public trust lands" shall mean all lands
subject to the common law public trust for commerce, navigation, fisheries,
recreation, and other public purposes and includes all tidelands, submerged
lands, the beds of navigable lakes and rivers, and historical tidelands and
submerged lands that are presently filled or reclaimed and which were subject
to the public trust at any time.
11. Public Works Director. The term "Public Works Director" shall mean
the Public Works Director of the City or his or her designee.
N. Definitions: R.
1. Residential. The term "residential" shall mean those properties that are
identified in Title 20 of this Code as 4 district zoned for residential use,
or
areas designated for residential use as part of a Planned Community (PC) or
Specific Area Plan.
2. Rhine Wharf The term "Rhine Wharf' shall mean the public wharf
area at the terminus of the Rhine Channel where vessels may load and
unload supplies directly to and from the wharf while tied directly to the
wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf public pier" shall mean
the pier and long float parallel to the Rhine Wharf, and which is used forpublic
recreational purposes provided by the City.
4. Riprap. The term "riprap" shall mean a protective layer or facing ofrock,
concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing
of an embankment or bluff.
Risk Manager. The term "Risk Manager" shall mean the Risk Manager of
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM52]: The reference to the Design
Criteria adds nothing. They simply say "These lines have
been defined in Chapter 17.01 of the Municipal Code."
They say the applicant must consider "the Federal Bulkhead,
Pierhead and Project Lines, Channel lines, Property lines
(and their projections), Anchorage Area, and Turning
Basins," but provides no further explanation of how to
determine where they are other than the reference to
"Chapter 17.01."
Of those, "property line" is not defined — which seems a
significant omission, since some consider some of the water
"private."
Commented [JMM53]: This definition does not seem
correct. Although sometimes used in the sense indicated, the
term is also used in Title 17 in reference to people other than
permittees. For example, in connection with owners of
adjacent properties. And "other property owners in the
vicinity" (who may not themselves be harbor permittees).
Commented [JMM54]: I have trouble with this
distinction myself, but I understand "historical" means
simply "in the past" while "historic" is used for especially
notable things in the past.
Commented [JMM55]: It is not clear if this is intended to
mean "residential zoning districts" or "districts zoned for
residential use."
Chapter 20.18 defines R -A, R-1, R -BI, R-2, RM, and RMD
as the "Residential Zoning Districts".
However, residential use in other zoning districts is not
confined to PC.
For example, it is allowed in the Mixed Use districts.
Is Mixed Use included? If so, always? Or only when
residential uses actually exist?
This may be important as the term is used extensively in
Title 17 and the Design Criteria.
Commented [JMM56]: Not sure this "correction" helps,
as I do not fully understand the description.
Is the "Wharf' the boarded public area "at the terminus"
parallel to the street as distinct from the more heavily used
boat landing areas in front of the restaurants (that are
perpendicular to it)?
"Rhine Channel" is, of course, not defined.
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
the City or his or her designee.
O. Definitions: S.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Page 16/115
Newport Beach Municipal Code
Chapter 17.01 DEFINITIONS
Page 17/115
1. (Sail Area. The term "sail area," as defined for the purposes of structural Commented [JMM57]: This is used only in the Design
analysis or berthing facilities and structural pilings, shall mean the area of a Criteria.
boat, above the water line, that is exposed to wind under tied/berthed
conditions.
2. Sailing Club. The term "sailing club" shall mean an organization
operating from a fixed location and principally engaged in the coordination or
facilitation of the use -of boats owned or operated by the club for its members.
3. Seaworthy. The term "seaworthy" shall mean that the vessel is (safe Commented [JMM58]: Was all caps — corrected by
operable and reasonably fit for its intended purpose, not leaking fluids Yolanda Summerhill
overboard, and its hull, keel, decking, cabin and mast are structurally soundand
generally free from dry -rot.
4. Shore. The term "shore" shall mean the narrow strip of land in immediate
contact with the sea, including the zone between high and low water line. A
shore of unconsolidated material is usually called a beach.
5. Shoreline. The term "shoreline" shall mean the intersection of the ocean
or sea with land; the line delineating the shoreline on National Oceanic and
Atmospheric Administration (NOAA) Office of Coast Survey nautical charts
and surveys approximating the mean low tide water line at the time the chart
was prepared.
6. Side Tie. The term "side tie" shall mean a berth where the dock is
alongside only one side of the boat.
7. Slip. The term "slip" shall mean a berth where the boat has a finger on
one side and either another finger or adjacent boat on the other side.
8. Sport Fishing Charter. The term "sport fishing charter" shall mean a
vessel chartered solely for sport fishing outside of Newport Harbor.
9. Submerged Lands. The term "submerged lands" shall mean lands
which lie below the line of mean low tide.
10. Sub -Permit.
The term " sub -permit" shall mean a permit issued by the Harbormaster
for the temporary use of a deemed vacant or noticed vacant mooring for
any period of time less than thirty (30) days.l
P. Definitions: T.
Commented [JMM59]: Is this consistent with the body of
the code? 17.60.040.H limits the term to 15 days. Although
confusingly, extensions can be granted for staying onboard.
1. Tidelands. The term "tidelands" or $ublic tidelandsh' shall mean all lands Commented [JMM60]: Are there "private tidelands" in
that were granted to the City by the State of California, including, but not California?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 18/115
Chapter 17.01 DEFINITIONS
limited to, submerged lands and/or lands that are located between the lines of
mean high tide and mean low tide.
2. Tidelands Trust. The term "tidelands trust" shall mean all tidelands and
submerged lands granted to the City by State or Federal legislation and the
terms and conditions of any such legislative grant.
Q. Definitions: U.
1. Upper Newport Bay. The terms "Upper Newport Bay" and "Back Bay"
are often used interchangeably. The term "Upper Newport Bay" shall mean the
area of Newport Bay north of the Coast Highway.
2. Upland. The term "upland" shall mean land with a shared property line
with and
R. Definitions: V.
to Newport Harbor.
1. Wessel The term "vessel" shall mean any watercraft used as a means
of transportation on water, whether mechanically powered, human powered
or wind powered, including, but not limited to, ships and boats of all kinds,
sailboats, catamarans, trimarans, dinghies, and every hulled structure
adapted to be navigated from place to place for the transportation of persons
or property.
2. (Vessel Length>� . The term "vessel length/"
desefibed as f llowsis the length of a vessel. It may be further described
a. �ength Overal LOA) ,pis the number published Ls suc by the
manufacturer of a particular vessel (LOA). In the event the LOA cannot
not be obtained from the published manufacturer specifications, then the
LOA shall be determined by first, a United States Coast Guard (USCG)
documentation certificate, or if none is available then second, b,, state
issued registration document, or if none is available, then third by other
official documentation certifvine the LOA of the vessel acceptable to the
Commented [JMM61]: Should probably cross-reference
"Abutting Upland(s) Property." J
Commented [JMM62]: Delete? Does this add clarity or
confusion? Is it clear what is meant by the "property line" of
Newport Harbor?
Commented [JMM63]: Is this intended to include or
exclude watercraft used for transportation that require towing
to operate, such as barges or scows?
Commented [JMM64]: "Vessel length" is used in the
Code, but it does not use "Vessel length/width" or "Vessel
width". Hence definitions of those are not needed.
LOA and Adjusted LOA are used only in
17.60.040.M.2.b.iii. 1
Commented [JMM65]: Not sure how to phrase. This is
unusual and awkward to have definitions under definitions.
Commented [JMM66]: Should have separate entry under
"U- with reference "See Vessel Length".
Commented [JMM67]: ? I'm not sure about this. Do
manufacturers publish "LOA" or just "length" and do they
distinguish between "LOA" and "Adjusted LOA"?
Commented [JMM68]: This should be added as a second
sentence to "a".
b. (Adjusted Length Overall (Adjusted LOA) is the LOA plus the length Commented [JMM69]: Should have separate entry under
'"all vessel attachments, which may include bowsprits, swim steps
"X'- with reference "See Vessel Length".
or stern mounted dinghies or other objects affixed to the vessel adding to the Commented [JMM70]: "plus the length including" would
mean the LOA plus the Adjusted LOA or twice the vessel
LOA. length.
li:Width, -also zknown -nsbeam, li3all vessel -attaEhiTllrnts
including, but not limited t. boarding steps rub rails and fixed fenders I Commented [JMM71]: `Beam" is described separately
a i
and more precisely as "width" earlier (under `B"),
the event the LOA A e et net be „b.taine,l f -,.m the pidb.lishie l
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 19/115
Chapter 17.01 DEFINITIONS
ma-mufaeturer f,e ons tidigin the TOA se determined by ,-st
oc > shall bdf:>
United States Coast !`_,,.,,-.1 (USCG) documentation eertifie to or :f none is
tl.on 0issued0
n.l by stme ;tet,-.,t;,.n de-eumentor- ;f no ;
Commented [JMM72]: This has been added as a second
sentence to "a".
3. Vessel Owner. The term "vessel owner" shall mean the owner of the
vessel as shown on current registration with the Department of Motor
Vehicles or the United States Coast Guard.
Definitions: W.
1. Walkway. The term "walkway" shall mean a walkway on a wide portion
of the floating dock system that is used for pedestrian access. A walkway can
refer to the headwalk, mainwalk and/or fingers.
2. Waters of Newport Harbor. The term "waters of Newport Harbor" shall
mean all waters of Newport Harbor in which the tide ebbs and flows, whether
or not the ordinary or mean high tide line of the Pacific Ocean has been fixed
by ordinance, statute, court action or otherwise and whether or not the lands
lying under the tidal water are privately or publicly owned.
Wind -Powered Vessel. The term "wind -powered vessel" shall mean a
vessel that is being propelled by the wind through the use of sails and
without the use of a motor or other machinery.
T. Definitions: Z.
Zostera Marina. See Eelgrass.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
Chapter 17.05
GENERAL PROVISIONS
Sections:
Local Coastal Program.
17.05.010
Title.
17.05.020
Purpose.
17.05.030
Applicability.
17.05.040
Administrative Authority.
17.05.050
Duties of the City Manager.
17.05.055
Duties of the Harbormaster.
17.05.060
Duties of the Public Works Director.
17.05.062
Duties of the Community Development Director.
17.05.065
Duties of the Harbor Commission.
17.05.070
Establishment of Channels, Turning Basins, Etc.
17.05.080
Public Trust Lands.
17.05.090
Local Coastal Program.
17.05.100
Coordination with Resource Agencies.
17.05.110
Rules for Interpretation.
17.05.120
Payment of Fees.
17.05.130
Permits Nontransferable.
17.05.140
Public Hearings.
17.05.010 Title.
This title shall be known as the "City of Newport Beach Harbor Code" and
referred to as the "Harbor Code."
Page 21/115
17.05.020 Purpose.
A. Preserve the diverse uses of the harbor and the waterfront that contribute to
the charm and character of Newport Bay, and that provide needed support for
recreational boaters, visitors, and residents with regulations limited to those
necessary to protect the interests of all users;
B. Maintain and enhance public access to the harbor water and waterfront areas;
C. Enhance the water quality and protect the marine environment in the harbor;
D. Preserve and enhance the visual character of the harbor;
E. Preserve and enhance historical resources of the harbor;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
Page 22/115
F. Provide for the ongoing administration and maintenance of the harbor;
G. Recover the costs of services provided to tidelands users and the fair market
rental value where appropriate;
H. Administer the use of public trust lands in a manner consistent with the
tidelands trust, the California Constitution, the certified Local CoastalProgram,
and applicable laws; and
I. Implement the policies of the General Plan and certified Local Coastal
Program.
17.05.030 (Applicability).
The provisions of this title, and any rules and regulations adopted pursuant to this
title, shall be applicable to and within Newport Harbor and all public trust lands
under the jurisdiction of the City, except (where otherwise provided in this title.
Any activity or action or use of Newport Harbor is prohibited unless specifically
permitted by the provisions of this Code, or the tidelands trust.)
17.05.040 Administrative Authority.
The responsibility for the administration of the provisions of this title is delegated
to the City Manager, or officers or employees of a department or departments of
the City designated by him or heti; provided, however, that some or all of the duties
necessary to be performed in the administration may be performed by the
Harbormaster.)
17.05.050 Duties of the City Manager.
The City Manager shall be authorized to:
A. Carry out the orders of the City Council and to enforce -this title and all
other ordinances and tidelands trust requirements;
B. Order any vessel improperly berthed to change its position or location as he
or she may designate, and in case his or her orders are not complied with, or the
vessel is unattended, to cause such vessel to be so moved, and to collect the cost
thereof from the vessel, oli owner thereof;
C. Promptly report to the appropriate Federal agency any violation of the laws
of the United States for the protection of navigation and the preservation of
navigable waters, particularly any encroachment on the waterway by the building
of illegal structures, illegal filling or dumping of material of any sort into the
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM73]: Compare to 21.30C.020
("Applicability") of the "Harbor and Bay Regulations" in the
LCP-IP.
Commented [JMM74]: Some of the City's public trust
lands are outside Newport Harbor. For example, Big Canyon
Nature Park and Semeniuk Slough (as well as parts of the
Upper Bay Nature Reserve). Is Title 17 intended to apply to
them?
Commented [JMM75]: Is this intended to allow Title 17
to regulate more than the harbor? If so, those provisions need
to be clear about the intended larger extent.
Commented [JMM76]: As indicated orally to the Harbor
Commission, this is a rather extraordinary statement and
contrary to the preceding reference to "regulations limited to
those necessary to protect the interests of all users." This
says nothing is allowed unless explicitly sanctioned by
Title 17.
These first three sections were added in the 2008 Title 17
reorganization.
It should likely be deleted or rephrased, as I believe Title
17 is generally understood to allow things that are not
explicitly prohibited — opposite to what this says.
Commented [JMM77]: It would probably be better to
replace this with "or as designated by this Title."
"some or all" seems so vague as add nothing
Commented [JMM78]: Delete? How does one collect
costs "from a vessel"? Does this mean selling the vessel,
subtracting costs from the sale price and giving the
remainder to the owner?
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
Page 23/115
waterway, or throwing overboard or setting adrift or allowing to be set adrift
anything that is or might become obstructive or dangerous to navigation.
17.05.055 Duties of the Harbormaster.
It shall be the duty of the Harbormaster and the Harbormaster is hereby authorized
to:
A. Act for and assist the City Manager in administering the provisions of this
title, perform Such duties as assigned to the Harbormaster in this title, -1�coordinat
with the resource agenciesl and private organizations, as set forth in Section
17.05.100, -coordinate with interested civic associations and coordinate with the
Public Works Director, Community Development Director, and other appropriate
department directors for services falling within their respective functions as
defined in Title 2 of this Code;
B. Act as the head of the Harbor Department and supervise and assist the City
staff assigned to the Harbor Department to carry out the purposes of this title;
C. Administer the harbor -related policies adopted by the City Councill and the
Harbor Commissiotll, and recommend to the City Manager appropriate changes and
modifications to harbor -related policies;
D. Conduct regular inspections of both public and private facilities and
structures located upon or over the waters of Newport Harbor or the Pacific Ocean
or any other water where the tide ebbs and flows within the City, and to
recommend action to the City Manager to ensure compliance with this title;
E. �lnterpret the meaning and application of the provisions of this title related
to uses and activities that require a permit be issued by the Harbormaster and
enforce this title with respect to uses and activities that fall within the
Harbormaster's duties: and
F. Approve, conditionally approve or disapprove applications for uses and
activities that require a permit to be issued by the Harbormaster in accordance
with the provisions set forth in this title.
17.05.060 Duties of the Public Works Director.
It shall be the duty of the Public Works Director and the Public Works Director is
hereby authorized to:
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM79]: I would suggest "such duties as"
be replaced by "the duties" in this and the similar sections
following. It is more direct & saves a word.
If retained, its seems it should be "such duties as ARE"
assigned — adding yet another word.
Commented [JMM80]: Public Works seems equally or
more likely to be coordinating with resource agencies, but it
is not listed among their functions.
This was formerly a Harbor Resources Manager function.
The division of Harbor Resources Manager functions
between Harbormaster and Public Works Director may not
have been perfect.
Commented [JMM81]: Can the Harbor Commission
about policies? I thought they believed they could only
make recommendations to the Council.
Commented [JMM82]: This provision, and the analogous
one in the following sections, seem redundant with
17.05.110.
Newport Beach Municipal Code Page 24/115
Chapter 17.05 GENERAL PROVISIONS
A. Maintain files and records of all pier permits tissued by the
B. Act for and assist the City Manager in administering the provisions of this
title, perform such duties as assigned to the Public Works Director by this title,
and coordinate with the Harbormaster, the Community Development Director and
other appropriate department directors for services falling within their respective
functions as defined in Title 2 of the Code;
C. �lssue approvals in concept or harbor development permits for development
located on tidelands or submerged lands that do not involve a discretionary
action authorized by Title 20 or Title 21, where the authority is specifically
assigned to the City Council, Planning Commission, Harbor Commission,
Community Development Director, or Zoning AdministratoriF
D. Interpret the meaning and application of the provisions of this title related to
uses and activities that require a permit be issued by the Public Works Director
and enforce this title with respect to uses and activities that fall within his or her
function; and
E. Approve conditionally approve, or disapprove applications for the uses
and activities that require a permit to be issued by the Public Works Director in
accordance with the provisions set forth in this title.
17.05.062 Duties of the Community Development Director.
It shall be the duty of the Community Development Director and the Community
Development Director is hereby authorized to:
A. Act for and assist the City Manager in administering the provisions of this
title, perform such duties as assigned to the Community Development Director by
this title, and coordinate with the Harbormaster, the Public Works Director and
other appropriate department directors for services falling within their respective
functions as defined in Title 2 of this Code;
B. Interpret the meaning and application of the provisions of this title related to
uses and activities that require a permit be issued by the Community Development
Director, and enforce this title with respect to uses and activities that fall within his
or her function; and
C. Approve, conditionally approve, or disapprove applications for the uses and
activities that require a permit to be issued by the Community Development
Director in accordance with the individual chapters of this title.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM83]: Should this be "harbor structure
permits"?
A major problem with Title 17 is its loose use of the word
"permit".
"Pier Permit" could equally well refer to the tidelands rental
agreement, which I would guess might be held by the
Finance Department.
Beyond that, there may be permits for harbor structures other
than piers.
Commented [JMM84]: It is not clear the Public Works
Director "issues" these.
He may review the application per 17.50.30.A, and
17.50.30.B.4 mentions the Public Works Director "issuing"
AIC's for projects needing CCC approval.
However, 17.50.40.A. La contradicts that by saying harbor
development permits and AIC's are issued by the department
specified in 17.50.20(A) — which is Community
Development.
Commented [JMM85]: Should be "required"?
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
117.05.065 Duties of the Harbor Commission
It shall be the duty of the Harbor Commission to:
A. Advise the City Council in all matters pertaining to the use, control,
operation, promotion and regulation of all vessels within NewportHarbor;
Page 25/115
B. Approve, conditionally approve, or disapprove applications on allpermits
where the Code assigns the authority for the decision to the Harbor
Commission;
C. Serve as an appellate and reviewing body for administrative decisions on
permits, leases, and other harbor -related administrative matters where the Code
assigns such authority to the Harbor Commission;
D. Advise the City Council on proposed harbor -related improvements;
E. Advise the City Council, Planning Commission and/or City Manager on land
use and property development applications referred to the Harbor Commission by
the City Council, Planning Commission, or the City Manager;
F. Make recommendations to the City Council for the adoption ofregulations
and programs necessary for the ongoing implementation of the goals, objectives,
and policies of the Harbor and Bay Element of the 1General Plan. ,-
117.05.070 Establishment of Channels Turning Basins, Etc.
All channels, turning basins, anchorage areasl, and pierhead and bulkhead lines in
Newport Harbor shall be as established by the Federal Government f or by the City
Council upon recommendation of the Harbor Commission. A map thereof shall be
kept on file in the offices of the City Clerk and the Harbor Department for public
inspection.
117.05.080 Public Trust Landsl.
A. Limits on Uses. Public trust lands are subject to the common law public
trust, which limits uses to navigation, fishing, commerce, public access, water -
oriented recreation, open space and environmental protection.
B. Exceptions. State legislation has modified public trust restrictions forthe
historical tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island_ as
follows:
1. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of
Beacon Bay located within State tidelands to be leased for residential purposes
until June 27, 2043.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM86]: The duties of the Harbor
Commission were set by Ordinance No. 2001-25, and copied
into Title 17 in the 2008 reorganization (Ord. No. 2008-2).
Ordinance No. 2001-25 was subsequently repealed and
replaced by Ordinance No. 2013-14 without updating Title
17.
It is unclear if with the present ordinance the Harbor
Commission is recommending the Council alter the Harbor
Commission's duties yet again.
The changes are generally small, but they will create an
inconsistency and an uncertainty as to what the
Commission's current definitive list of duties is.
Commented [JMM87]: Ordinance No. 2013-14
(without explicitly amending Title 17) added to the end of
this duty: ", the Harbor Area Management Plan, and the
Tidelands Capital Plan."
It also added a duty "7. Advise the City Council on the
implementation of assigned parts of the Tidelands Capital
Plan such as: A. Dredging priorities, B. In -bay beach sand
replenishment priorities. C. Harbor amenities such as
mooring support service areas and public docks."
Commented [1MM88]: See also 21.30C.030.A in the
LCP-IP.
Commented [JMM89]: How about mooring fields and
possibly onshore mooring locations. The definition of
"anchorage area" excludes them as they rely on tackle not
carried on the vessel.
Commented [JMM90]: The origin of this supposed
authority is unclear. Is it possibly only for onshore mooring
locations? Does the Council have authority to change any or
all of the listed lines?
Commented [JMM91]: Everything in this section is
repeated in Sec. 17.60.10, although the latter states
differently the duration of the exceptions, and includes an
"Applicability" paragraph not found here.
Both these largely duplicate NBMC Sec. 21.48.085 ("Public
Trust Lands" in the certified LCP Implementation Plan), but
again with slight variations.
It seems unwise for the Code to contain three different
versions of the same provisions.
Newport Beach Municipal Code Page 26/115
Chapter 17.05 GENERAL PROVISIONS
2. Balboa Bay Club. The Beacon Bay Bill (Chapter 74, Statutes of 1978)
and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of the
Balboa Bay Club to be leased for residential purposes until December 31, 2044.
3. Harbor Island. Chapter 715, Statutes of 1984, allows the filled or
reclaimed land on Harbor Island to be leased for nonpermanent recreational and
landscaping purposes.
17.05.090 Local Coastal Program.
A. Discretionary applications shall be reviewed to -ensure conformity with
the policies and regulations of the certified Local Coastal Program.
B. All uses of the marine environment shall be carried out in a manner
consistent with sustaining the biological productivity of coastal waters and to
support populations of all species of marine organisms adequate for long-term
commercial, recreational, scientific, and educational purposes.
C. Where applicable, development in Newport Harbor shall:
1. Protect, and where feasible, expand and enhance vessel -launching
facilities in Newport Harbor;)
2. Protect, and where feasible, expand and enhance low-cost public
launching facilities, such as trailer launch ramps, boat hoists, commercial
landing facilities, and organized recreational boating launch facilities;
3. Provide a variety of berthing opportunities reflecting State and regional
demand for slip size and affordability throughout Newport Harbor;
4. Protect, and where feasible, enhance and expand marinas and dry boat
storage facilities;
5. Protect shore moorings and offshore moorings as an important source of
low-cost public access to the water and harbor;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM92]: Is this supposed to be different
from "2"?
Either way, they could be combined:
"1. Protect, and where feasible, expand and enhance vessel -
launching facilities in Newport Harbor, including low-cost
public launching facilities, such as trailer launch ramps, boat
hoists, commercial landing facilities, and organized
recreational boating launch facilities;"
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
Page 27/115
6. Protect, and where feasible, enhance and expand dinghy docks, guest
docks at public facilities, yacht clubs and at privately owned marinas,
restaurants and other appropriate locations;
7. Protect, and where feasible, expand and enhance facilities and services
for visiting vessels, including public mooring and docking facilities, dinghy
docks, guest docks, club guest docks, I umpout Istations and other features
through City, County, and private means;
8. Protect, and where feasible, expand and enhance facilities necessary to
support vessels berthed or moored in the harbor, such as boat haul -out
facilities;
9. Protect, and where feasible, expand and enhance existing harbor support
uses serving the needs of existing waterfront uses, recreational boaters, the
boating community and visiting vessels;
10. Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not
provided by the public sector and that are essential to the operation of aharbor;
and
11. Provide, expand and enhance, where feasible, existing recurring and
year-round harbor special permits and special purpose uses such as boat shows
and boating festivals, boat sales displays and delivery/commissioning facilities.
17.05.100 Coordination with Resource Agencies.
In carrying out the provisions of this title, coordination with the California Coastal
Commission, the Army Corps of Engineers, California Department of Fish and
Wildlife, U.S. Fish and Wildlife Service, National Marine Fisheries Service, other
resource management agencies, and private organizations, as applicable, shall be
required to ensure the protection of marine resources.
17.05.110 Rules for Interpretation.
Where uncertainty exists regarding the interpretation of any provision of this title
or its application to a use or activity that requires a permit be issued by the
Harbormaster, Public Works Director or Community Development Director, the
person holding the position charged with issuing the permit shall determine the
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM931: Note: "pumpout" is used
consistently throughout Title 17, and in most of the City's
literature, but in the rest of the world, it is much more
commonly spelled as two words ("pump out") — including in
the City's Design Criteria.
Newport Beach Municipal Code Page 28/115
Chapter 17.05 GENERAL PROVISIONS
intent of the provision or the application thereof and �ssue a —determination) or refer
the matter to the Harbor Commission for a determination. An interpretation made
by the Harbormaster, Public Works Director or Community Development Director
may be appealed to the Harbor Commission, in compliance with Chapter 17.65.
17.05.120 Payment of Fees.
A. Date of Payment. All permit fees required to be paid under this title shall be
due and payable on a schedule established by the Finance Director. Any permit
holder who fails to pay any permit fee or renewal fee required by this title after the
same is due shall be subject to late fees and charges in the amount established by
resolution of the City Council in accordance with Section 3.36.040. Failure to pay
the permit fee or renewal fee, plus any late fees and charges, within one hundred
and twenty (120) days of when the permit fee or renewal fee was due shall
constitute grounds for revocation of the permit by the responsible review authority.
B. Revenue. The revenue resulting from the administration of this title shall be
accounted for separately and used exclusively for the purposes authorized to be
used for public trust lands.
17.05.130 Permits Nontransferable.
Unless otherwise authorized in this title, any permit,, issued under this title is
personal to the person receiving such permit, and may not be transferred or
assigned to any other person without the express written consent of the issuing
official or body in compliance with the provisions for issuance of such permit.
17.05.140 Public Hearings_
A. Purpose. �xcept for revocations covered under Chapter 17.70, when a publi
hearing is required, advance notice of the hearing shall be given and the hearing
hall be conducted in compliance with this chapter) and all other applicable laws,
including the Ralph M. Brown Act, or successor law.
B. Notice of Public Hearing.
1. Content of Notice. Notice of a public hearing shall include the following
applicable information.
a. Hearing information.
(i) The date. time. and place of the hearine and the name of the review
authority;
ii A brief description of the City's general procedure concerning the
conduct of hearings and decisions;
(iiij The phone number, street address, and website of the City, where
an interested person can call or visit to obtain additional
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM94]: Should there be a requirement
that determinations be in writing and archived somewhere?
That seems essential for the public to be sure the laws are
being applied consistently.
Also, don't they need to be posted somewhere? Otherwise,
how will any interested party other than the applicant )mow
thev can be annealed?
Commented [JMM95]: This formerly said "permit,
license or approval." Why were "license or approval"
removed?
Chapter 17.10 (MAP — not yet revised) refers to "licenses"
and 17.60.040.A says "A mooring permit is in the nature of
license for the temporary use of a specific location within the
Newport Harbor."
The distinction between licenses and permits seemed
important to the previous City Attorney.
Commented [1mm96]: It seems a bit odd for hearing
procedures to be in different parts of the Title.
Commented [JMM97]: In addition to Revocation
Hearings, Appeal Hearings follow a slightly different
procedure specified in 17.65.040.
Newport Beach Municipal Code Page 29/115
Chapter 17.05 GENERAL PROVISIONS
information;
iv A statement that an interested person or authorized agent nay
—
Commented [JMM98]: If the Council adopts a lobbyist
appear and be heard at the public hearing and the procedures for
ordinance applicable to this, y might o r good t. include a
reminder that paid agents may have to register.
remind
appeal; and
O A statement that if a person challenges the subject development in
court, that person may be limited to raising only those issues that
the person, or someone else speaking on their behalf, raised at the
public hearing (described in the notice) or in written
correspondence delivered to the City at, or before, the public
hearing.
b. Project Information.
—'
Commented [JMM99]: Should the notice include a
W The name of the applicant;
proposed CEQA determination?
ii The City's file number(s) assigned to the application;
(iii) A general explanation of the matter to be consideredt and
(iv) A general description, in text and/or by diagram, of the location
of the property or mooring that is the subject of the hearing.
2. Method of Notice Distribution. Notice of a public hearing required by this
title shall be given as specified below.
a. Mailing. Notice shall be mailed or delivered at least ten (10) days
before the scheduled hearing to all the following:
(i) Project Site Owners and Applicant. The owners of the
property being considered in the application, or the owners'
agent, and the applicant or the applicant's agent..-;
tW Nearby Property Owners. All owners of real property
located within a three hundred (300) foot radius, �ncluding L—
,.—''
Commented [JMM100]: This is intentionally different
intervening rights-of-way and waterways of the exterior
,
from the zoning ysaand LCP where intervening rights-of-
e exclued?
way and waterways are
boundaries of the location of the subject matter of the
application, as shown on the last equalized assessment roll.
The result is smaller notification area for harbor matters.
It shall be the responsibility of the applicant to obtain and
provide to the review authority a list of the names and
addresses of all owners who are to be provided notice under
this subsection;
111 �ersons Requesting Noticel. A person who has filed a
—'
Commented [JMM101]: The mechanism for doing this
written request for notice with the City and has pai d the
doesn't seem to spelled our. with whom do you file? And
it how much does t cost?
required fee for the notice.
-
I believe there is no fee for e-notification of City hearings, in
general.
b. Posting of a Sign and Notice. Notice shall be posted at a
conspicuous place, easily readable by the public and placed as
close as possible to the site of the proposed development at least
ten (10) days before the scheduled public hearing in the following
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.05 GENERAL PROVISIONS
Page 30/115
manner:
W One or more signs shall be posted as determined by the City;
(ii)The size and location of the sign(s) shall be determined by
the City to ensure that it will be easily readable by the
public;
(iii)The project applicant shall be responsible for maintaining
the sign(s) in a satisfactory condition; and
(iv)The project applicant shall remove the sign(s) at the end of
the appeal period.
c. Failure to Receive Notice. The failure of any person or entity to
receive notice given in compliance with this section shall not
invalidate the actions of the applicable review authority.
C. Hearing Procedure.
1. Time and Place of Hearing. A hearing shall be held at the date, time and
place for which notice was given.
2. Continued Hearing. A hearing may be continued without further
notice, provided that the official or chair of the review authority announces
the date, time and place to which the hearing will be continued before the
adjournment or recess of the hearing.
3. Deferral of Final Decision. The review authority may announce a
tentative decision and defer their action on a final decision until appropriate
findings and/or conditions or approval have been prepared.
D. Findings and Decision.
1. Except in the case of a variance, the reviewing authority may
approve or conditionally approve a permit only after making all of the following
findings_
design criteria, standards and �olici
approved by the City
b. The design, location, size and/or operating characteristics of the use
are compatible with the allowed uses in the vicinity;
C. For any structures, the site is physically suitable in terms of design,
location, shape, size and operating characteristics, and the provision of the—public
and emergency vehicle (e.g., fire and medical) access and public services and
utilities;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMMI021: Shouldn't this specifically
reference consistency with the General Plan (which the
Code is supposed to implement, including the goals and
policies of the Harbor and Bay Element)?
Newport Beach Municipal Code Page 31/115
Chapter 17.05 GENERAL PROVISIONS
d. Operation of the use at the location proposed would not be detrimental
to or endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare;
e. Any development is designed or sited so as to not obstruct public
access to coastal resources or, in the case of the alteration, extension, enlargement,
expansion, reconstruction, replacement or addition of any structures would not, in
comparison to the existing structure or structures, restrict or impair the public's use
of the bay or beach in the vicinity of the existing structure of structures; and
f. Any specific findings set forth in this title.
2. With respect to a request for a variance, the reviewing authority may
approve or conditionally approve the variance from the standards of this title and
design criteria only after making all of the following findings:
a. Special circumstances applicable to the property, including location,
shape, size, surrounding topography or other physical features, exist such that
the strict application of the Code and design criteria otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners
in the vicinity;
b.Strict compliance ith this ode nd design criterial would
subject property of privileges enjoyed by other properties in the vicinity;
C. Granting of the variance is necessary for the preservation and
enjoyment of substantial property rights of the applicant;
the = Commented [JMM103]: How does "b" differ from "a".
d. Granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the city;
e. Granting of the variance will not be detrimental to the harmonious and
orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a
hazard to the public convenience, health, interest, safety, or general welfare of
persons residing or working in the vicinity;
f. Granting of the variance will not be in conflict with the intent and
purpose of Title 17, council policies and design criteria.
Delete or combine?
Commented [JMM104]: This is the one instance in which
"code" is not capitalized.
Was this intended to say "Title 17" or was it intended to
refer to the entire NBMC?
If the latter, it should be capitalized.
E. Decision. The eview authorit ma annOunCe and Commented [JMM105]: May not be Hazbor
record their decision on the matter being considered at the conclusion of a Commission.
scheduled hearing or defer action and continue the matter to a later meeting.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.10 MARINE ACTIVITIES PERMIT
Chapter 17.10
MARINE ACTIVITIES PERMIT
INTENTIONALLY REMOVED FROM CONSIDERATION
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Page 33/115
Newport Beach Municipal Code
Chapter 17.20 VESSEL LAUNCHING AND
OPERATION
Chapter 17.20
VESSEL LAUNCHING AND OPERATION(
Sections:
17.20.010
Vessel Launching and Hauling.
17.20.020
Vessel Operation.
17.20.040
Trespass or Injury to Vessel.
17.20.050
Abandoned or Unattended Vessels and Property.
17.20.060
Air and Water Propulsion Vessels Prohibited.
17.20.070
Vessel Races.
Page 34/115
17.20.010 Vessel Launching and Hauling.
A. Where Permitted. No person shall launch or remove any vessel onto or from
the waters of Newport Harbor over any public seawall, sidewalk, street end or
public property, except at locations where a regular business, 4s authorized under
Title 201, of launching and hauling vessels is conducted or at launching sites
designated by resolution of the City Council.
B. Any person who uses a City Council designated boat launch site shall
comply with all of the following:
1. Designated boat launching locations may be used only between the hours
of (seven a.m.l and sunset.
2. The use of motors on any vessel Or �T��eing launched or
recovered shall not be permitted within one hundred (100) feet of such
launching sites.
Only hand -carried vessels or w may be launched from designated
sites.
4. No motorized devices may be used for purposes of launching any vessel
mat such locations, or for transporting them on beaches.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel,
except a public officer or employee in the performance of his or her duty, shall
operate the same or permit the same to be operated in any portion of Newport
Harbor or the water in the present or prior channel of the Santa Ana River within
the City at a rate of speed in excess of five nautical miles per hour, or at any spee,
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM106]: As indicated earlier, these are
clearly "Harbor Use Regulations." It's not clear why they
aren't in the chapter with that name: 17.30.
They are also lacking any reference to the important harbor
vessel and use regulations in Chapter 11.17 (for example,
prohibiting small human -powered watercraft in main
channels and entry area) — and to the regulations found there
about operating vessels in the nearshore zone of the ocean
(which, oddly, may not include Corona del Mar and other
areas west of the harbor entrance).
Also missing is any reference to the requirement in 5.11.010
for rental human -powered craft to have affixed a sign about
the restricted areas.
Conversely, it might be noted that 11.17.010.A refers to an
area described in "17.12" as it existed in 1989 or possibly
before — which is now difficult to trace.
Commented [JMM107]: Not sure what this is intended to
mean. Title 20 has no special procedures for authorizing boat
launch operations.
Commented [JMM108]: Why not sunrise? What if
activity is not noisy or a disturbance to neighbors?
Also, does the restriction on hours conflict with the
California Constitutional right of access to navigable waters?
Commented [JMM109]: The Title 17 definition of
"vessel" includes "any watercraft" if it is used for
transportation. Watercraft is not separately defined, but
impliedly means anything movable on the water.
Was this, and the following, meant to extend the scope to
watercraft NOT used for transportation? If so, it should be
left in.
Commented [JMMI10]: This is the only explicit
reference to the Semeniuk Slough.
Are any other parts of Title 17 applicable to it?
Newport Beach Municipal Code
Chapter 17.20 VESSEL LAUNCHING AND
OPERATION
Page 351115
which creates a wake that may cause damage to moorings of vessels or floating
structures, except as hereinafter provided.
B. Designation of Closed Areas. Whenever the City Manager finds that public
safety so requires, he or she may designate any water area or tidelands or filled
lands in or upon which harbor improvement work is being performed as a closed
area and shall cause the areas to be posted accordingly. Except for persons actually
engaged in such harbor improvement work or public officers in the performance of
their duty, no person shall enter or remain within or drive or operate any �essel er
watercraft into or within any area which has been so designated as a closed area
and which has been posted or marked with appropriate signs giving notice thereof.
1. From and including June 1st through September 15th, the channel
between Bay Island and the Balboa Peninsula is designated as a closed area for
the use and/or operation of motorboats. .
2. From and including June 1st through September 15th, the Grand Canal is
designated as a closed area; however, the closure shall not apply to human -
powered vessels or vessels berthed at residential piers or moorings located
along or within the Grand Canal.
C. Restriction of Water Traffic. For such time as necessary preceding,
during and after any activity or other event on the waters of Newport Harbor, or
at any other time when the City Manager deems it necessary for the safety of
persons, vessels or other property, he or she shall have authority to restrict or
prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully
fail or refuse to comply with any order, signal or direction of the City Manager,
his or her deputies or agents. For purposes of this section, waterborne traffic
shall mean any object, structure or vessel in contact with the water.
Commented [JMMI I I]: Vessel is defined as the subset
of watercraft used for transportation.
Saying "vessel" is redundant if watercraft in the broader
sense was intended, which I am guessing is the reason it is
included here.
D. Towing. It is unlawful for any person operating a vessel to tow any object,
structure or vessel at a distance in excess of seventy-five (75) feet astern of the Commented [JMM112]: This is a remnant from the water
towing vessel. skiing days.
Is it still a reasonable tow length? Or should it be shortened.
E. No person owning, leasing, occupying or having charge or possession of any
vessel shall anchor such vessel on the Pacific Ocean unless the vessel is
continuously occupied by a person during: (1) any nighttime hours ( sunset to
sunrise ); (2) any time period when a Small Craft Advisory or greater has
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 36/115
Chapter 17.20 VESSEL LAUNCHING AND
OPERATION
been issued by the National Oceanic and Atmospheric Administration; and (3)
during daylight hours, except for one shore excursion per day for no more than
three (3) hours.)
17.20.040 Trespass or Injury to )Vessel
A. Damage to Property. No person shall willfully or carelessly destroy,
damage, disturb, deface or interfere with any buoy, float, life preserver, sign,
notice, navigational marking, or other similar property under the jurisdiction of the
City, County, or other governmental agency.
B. Boarding Vessel Without Permission. No person shall climb into or upon
any vessel moored, docked or anchored in Newport Harbor, without the consent of
the owner or other person having charge thereof, except for those authorized by the
Harbormaster.
C. Tampering with Vessel. No person shall willfully injure or tamper with, or
break or remove any part of or from, any vessel in the City, or tamper with the
lines securing any such vessel, without the consent of the owner or other person
having charge thereof, except for those authorized by the Harbormaster.
D. Tampering with Moorings. No person shall tamper with any mooring or
anchorage in the City whether or not the same is occupied by a vessel, except for
those authorized by the Harbormasters for the maintenance of harbor operational.
17.20.050 Abandoned for Unattended Vessels and Property.
All stray, unattended or abandoned vessels, timber or any other personal property
found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in
the lawful possession or control of some person, shall be immediately reported to
the Harbormaster. Any such property shall be dealt with as provided in the
appropriate provisions of Chapter 1.20 bf this Cod , or Section 510 et seq. of the
California Harbors and Navigation Code, as the same now reads or may hereafter
be amended. Proceeds of any sale of such property shall be deposited in the
)general fund) of the City. For purposes of this section, any vessel on the Pacific
Ocean shall be deemed to be stray, unattended and abandoned if the vessel is
unoccupied by a person during: any nighttime hours (sunset to sunrise); any time
period when a Small Craft Advisory or greater has been issued by the National
Oceanic and Atmospheric Administration; or daylight hours for more than three
(3) hours.
17.20.060 Air and Water Propulsion Vessels Prohibited.
A. No person shall operate any vessel on the waters of Newport Harbor if the
vessel is powered or maneuvered by means of mechanical air or water propulsion
)above the surface of the water.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM113]: These requirements are repeated
in 17.20.050 as the basis for declaring a vessel stray or
abandoned — with the exception it is not clear there that the
3 -hour daylight shore excursions are limited to one per day.
Do the conditions of 17.20.050 needed to be repeated here?
Also, this seems to be one of the rare cases where Title 17 is
said to be applicable outside the harbor — in this case, in the
ocean. Will anyone from the City be enforcing this?
Commented [JMM 114]: Should this be "Property"? It
appears to apply to more than vessels.
Commented [JMM115]: Does this add any meaning? It
does not appear at the end of the preceding rules. J
Commented [JMM 116]: 17.70.030.11 refers to vessels
"deemed abandoned" under "this Code," but this section
provides no definite criteria for establishing when a
vessel in the harbor is abandoned — only on the Pacific
Ocean, and using there a standard that would not apply in the
harbor (when most boats are unattended most of the time).
Commented [JMM 117]: Added to clarify this is not
referring to a chapter of the California Harbors and
Navigation Code.
Commented [JMM 118]: Although dictated by Chapter
1.20, this seems inconsistent with 17.05.120, which says
"The revenue resulting from the administration of this title
shall be accounted for separately and used exclusively for the
purposes authorized to be used for public trust lands."
Commented [JMM 119]: Not sure what this is trying to
say. Is the vessel above the water (in contradiction to
operating "on"), or is just the propulsion is above the water?
The word "above" connected to mechanical air propulsion
predates JetPacks. I suspect it refers to craft moved on the
water by motorized blowers, in which case the blower, and
not the vessel, is above the water.
Newport Beach Municipal Code
Chapter 17.20 VESSEL LAUNCHING AND
OPERATION
Page 37/115
B. The provisions of this section do not apply to the operation of any vessel by
any public agency or any person responding to an emergency on behalf of any
public agency.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Chapter
17.01, that would allow individuals operating a human- powered vessel, wind -
powered vessel, or vessel providing support services to a human- or wind -powered
vessel as part of the person's special event (e.g., race) or organized practice to
exceed the speed limit provided in Section 17.20.020(A), or any successor
subsection.
B. An application for a Wessel racing permit (shall be filed with the commented [JMM120]: Is there any comprehensive list
Harbormaster, in accordance with Section 17.60.015, and issued by the of the variety of permits mentioned in Title 17?
Harbormaster if the Harbormaster determines the event will not interfere with the
natural flow of traffic, or negatively impact surrounding property owners.
C. The Harbormaster has discretion to determine if a permit shall be
associated with a single event or multiple events; however, no permit shall be valid
for more than six (6) months from the date of issuance.
D. Permits issued under this section are non-transferrable and shall be in
addition to any license, permit or fee required under this Code or any other
provision of law.
E. The Harbormaster may impose conditions on a permit to protect persons
and property and to assure that the activity allowed under the permit will not create
a nuisance or interfere with the reasonable use of Newport Harbor by other vessels
or persons. At a minimum, every permit issued under this section shall be
conditioned to require permittees to: (1) obtain, provide, and maintain at their own
expense, for the full period of time for which the permit is granted, policies of
insurance with such limits and coverage as established by the Risk Manager that
clearly identify the activity and vessel(s) covered; (2) indemnify, defend and hold
harmless the City, County of Orange, and the State of California for all liability,
injury or damage that relates to or arises from permittee's event/activity; (3)
otherwise comply with this Code, California Harbors and Navigation Code, and the
Federal Inland Navigation Rules; and (4) ensure any vessel operating pursuant to a
vessel racing permit is operated in a safe, controlled, and seamanlike manner, and
at a speed that does not endanger the safety of persons or property.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.20 VESSEL LAUNCHING AND
OPERATION
Page 38/115
F. Notwithstanding the process set forth in Chapter 17.70 for the revocation of
permits, any permit issued under this section may be immediately revoked at any
time, without notice, by the Harbormaster, if. (1) the permittee fails to comply with
the conditions contained within the permit; (2) an individual participating in the
permittee's special event or organized practice operates a vessel in an unsafe,
uncontrolled, or unseamanlike manner or at a speed that endangers persons or
property; or (3) an individual participating in the permittee's special event or
organized practice fails to comply with the lawful instructions of the Harbormaster,
or any other person authorized by the City to enforce rules and regulations within
Newport Harbor.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.25 BERTHING, MOORING AND STORAGE
Sections:
Page 39/115
(Chapter 17,251 Commented [JMM121]: These are more "Harbor Use
Regulations". Why a separate chapter?
BERTHING, MOORING AND STORAGE ,- Commented [JMM122]: See below, "Mooring" is part of
"Berthing„
17.25.010 Docking Regulations. Commented [JMM123]: Docking and Mooring are
17.25.020 Anchorage; and Berthing and Mooring Regulations. included in the definition of Berthing in 17.01.
17.25.030 Storage Regulations. It is unclear why 17.25.010 is a separate section, since some
of the provisions of 17.25.020 related to piers and docks
17.25.010 Docking Regulations. (specifically, 17.25.020.0 and D).
Possibly the dock -related provisions should be moved to
A. Docking Permission Required. 17.25.010. 17.25.020 could then be "Anchorage and
Mooring Regulations".
1. No person having charge of any vessel shall make the same fast to any
pier in Newport Harbor, or permit the same to remain at such location after
finishing loading or unloading such vessel, without the consent of the owner),
Commented [JMM124]• How does one obtain consent to
use a public pier? Or is this rule intended only for private
-
agent, or person in charge of any such pier.
piers? (A.2 says it applies to both, but this does not, leaving
its meaning uncertain)
Commented [JMM125]: Section 11.03.020.B lists the
events to which special event permits are applicable, and this
does not seem to be one. Nor does it seem to be a special
2. No person shall make fast any vessel to any other vessel already
occupying any pier, either public or private, without first obtaining a special
event permit as required in Chapter 11. 03, or any successor chapter.) At the
Rhine Wharf, the Harbormaster shall have the authority to authorize this
event at all, since those are things attended by multiple
people, which this is not. In addition, the permits are issued
by Recreation and Senior Services personnel, who have no
activity, via a (Rhine Wharf permit„ under either of the following conditions: (a
expertise in what is appropriate as to vessel tie-ups.)
a commercial fishing vessel is loading or unloading, and no other mooring or
Instead, it seems to be a typical harbor use regulation.
berthingspace s available n Newport Harbor for this purpose; orb a vessel iilbliN
p Wp p � ( ) l
Shouldn't it simply require Harbormaster permission (with
�
is taking refuge from inclement weather and no other mooring or berthing \
space is available in Newport Harbor for this purpose. In no event shall more t
some indication of the conditions under which it could be
granted)?
than one vessel be made fast to the dockside vessel and no other vessel shall be
made fast to the outboard vessel. Both vessels shall have operators aboard at all
times.
Note: this originally said "without permission of the City
Manager" - then in 2002 "Harbor Resources Manager". And
at the Rhine Wharf the Harbor Master (then the Sheriff)
could authorize the activity under the two exceptions
Commented [JMM 126]: Title 17 would benefit from an
index table listing the many different kinds of permits and
where the regulations applicable to each of them can be
found.
3. No person holding a harbor development permit issued under the terms of
Chapter 17.50 or having care, custody, control or use of any pier in Newport
Harbor shall permit or allow a vessel to be made fast to any other vessel which
Commented [JMMI27]: A.2 and A.3 are badly in need of
is occupying any pier over which the permit holder has control, except as
provided in the exceptions found in subsection (A)(2) of this section.
combining and reworking. As best I can tell tying to another
vessel is allowed with some kind of permit at all piers and at
the Rhine wharf It is also allowed everywhere, without a
permit, under the two exceptions.
B. Obstruction Prohibited. No person shall intentionally obstruct the free access
to and departure from any portion of any pier.
It is unclear if the restriction requiring operators onboard
both vessels is intended to apply even when a permit has
been issued, or only when the activity is taking place under
C. Time Limits and Rules.
one of the exceptions, without a permit.
C.2.c, below, may shed further light on the intent.
Apparently nothing is ever supposed to be tied to the wharf
without a permit, and even with one, vessels can be tied to
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
those only in the two exceptions.
Newport Beach Municipal Code Page 40/115
Chapter 17.25 BERTHING, MOORING AND STORAGE
1. Public piers and other Newport Harbor facilities may be maintained by
the City for the purpose of loading and unloading passengers, supplies, and
boating gear and for similar purposes. It is the policy of the City to maintain
such facilities in a manner that will permit the greatest public use and avoid
continuous occupancy, congestion or blocking thereof. Where necessary to
achieve public use and to avoid extended occupancy, congestion or blocking
thereof, the Harbormaster is authorized and directed to post the following dock
markings or signs limiting the time during which a vessel may be tied up or
secured, or supplies or gear may be placed at or on any such pier or facility.
The dock markings shall have the meanings as herein set forth:
a. Blue markings shall mean vessels may be tied up or secured for
twenty (20) minutes maximum.
b. Green markings shall mean vessels may be tied up or secured for
three (3) hours maximum.
C. White markings shall mean vessels may be tied up or secured for
twelve (12) hours maximum.
d. Black markings shall mean vessels may be tied up or secured for
twenty-four (24) hours maximum.
e. Yellow markings shall mean vessels may be tied up or secured for
seventy-two (72) hours maximum.
£ Red markings shall mean vessels shall not be tied up or secured for
any amount of time.
g. (Orange markings shall mean the maximum length vessel permitted to
be tied up or secured is nine (9) feet Commented [JMM128]: Aren't there now markings for
other lengths? As at the Central Avenue Pier?
2. In addition to a Rhine Wharf permit issued in accordance with subsection
(A) (2), the Harbormaster shall have the discretion to issue a Rhine Wharf
permit, if an application is filed in accordance with Section 17.60.015, and the
Harbormaster makes the findings set forth in Section 17.05.140(D). Unless a
Rhine Wharf permit is issued the Rhine Wharf shall not be used by vessels for
any purpose. A Rhine Wharf permit shall be subject to the following standard
conditions as well as any additional conditions imposed by the Harbormaster:
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.25 BERTHING, MOORING AND STORAGE
Page 41/115
a. Vessels may be tied or secured to the Rhine Wharf for four (4) hours
maximum unless the Harbormaster determines special circumstances dictate
an extension and the Harbormaster authorizes an extension;
b. The Harbormaster shall have the authority to limit the size ofvessels
using the Rhine Wharf; and
C. Vessels using the Rhine Wharf shall be in the actual process of
loading, unloading, engaged in temporary repairs or taking refuge from
inclement weather and no other mooring or berthing is available.
3. When dock markings and signs are posted giving notice of the time limits
and/or size restrictions in subsections (C)(1)(a) through (g) of this section, no
person shall tie up or secure a vessel at any such facility for a period of time in
excess of that period, exceed the maximum permitted vessel length, orpermit
any supplies or gear to remain on such facility for a period in excess of that
permitted by the dock markings or posted signs. Vessels tied up or secured in
marked areas designated with time restrictions provided in subsections
(C)(1)(c) through (e) shall not continue to use that same dock area beyond those
established periods by relocating the vessel to another section of that dock, or
securing the line associated with that vessel to tie to another location on that
dock. Any vessel that has occupied a marked area must be removed from the
same public pier, dock or facility, after the expiration of the time allowed, and
may not re -occupy the dock for a subsequent tie up period sooner than twenty-
four (24) hours following expiration of the time allowed.
4. The Rhine Wharf shall be closed between the hours of 112-88
a-n+.midnl h and 6:�0 a.m. dally
/ Commented [JMM129]: "12:OOa.m"couldbenoonor
midnight. Best to spell out.
D. Vessel Tie -Up Method. Every vessel tied up and secured at any pier in
Newport Harbor shall be fastened in such a manner as to assure the security of
such vessel fore (bow) and aft (stern) at a minimum with the exception ofdinghies
which may tie up bow only at public piers.
E. (Direct Fueling Prohibited. No person shall fuel any vessel with any
- Commented [JMM1 sol: Is there afire code that more
petroleum product directly from a tank, wagon or truck.
clearly specifies the rules for safe fueling'
F. Gangway Required - Lights. Every vessel used for hire while loading or--
Commented [JMM131]: This seems to be primarily a
unloading passengers or crew from a pier or from another vessel shall be provided
design standard. See the closely related 1735.020.E.4. It is
not clear why they are in different chapters.
with a gangway with manropes or railings, and from sunset until sunrise any such
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 42/115
Chapter 17.25 BERTHING, MOORING AND STORAGE
gangway shall be lighted adequately to provide visibility as long as such gangway
is or may be used.
G. (Dockside Steam Engine Spark Preventionl. No person shall use any donkey
engine or other steam engine on any pier or vessel within Newport Harbor in
loading or unloading vessels or otherwise without a bonnet or spark arrestor
attached to the smokestack of such engine so as to prevent sparks from coming into
contact with the pier or vessel.
17.25.020 Anchorage and; Berthing 4nd Mooring egulations. ,-
A. �ocation. No person having charge of any vessel shall berth or anchor the
same in Newport Harbor except within the designated areas. Any vessel which is
berthed-,4noefed or anchored at a place not designated for such vessel shall be
moved as directed by the Harbormaster. In the designation of mooring areas and
anchorage areas, consideration shall be given to the needs of commerce, the
utilization of turning basins, the use of channels for navigation, and the economy
of space. No vessels shall be moored or anchored in any part of any turning basin
or channel unless secured both fore and aft except as provided in subsection (1) of
this section. Every vessel moored or anchored in any part of the harbor outside of
any turning basin or channel shall be so moored or anchored as to prevent such
vessel from swinging or drifting into any turning basin or channel.
1. It is unlawful and a public nuisance for any person owning, leasing,
occupying or having charge or possession of any vessel to: (a) berth or anchor
the same in Newport Harbor except within the designated areas; or (b) anchor a
vessel at any location on the Open waters of the Pacific Ocean within five
hundred (500) yards of a designated protected swimming area for a cumulative
period of time that exceeds seventy-two (72) hours within any thirty (30)
calendar day period. The Harbormaster may authorize, in writing, an extension
to the (seventy-two (72) hour time limit lif the Harbormaster determines that
given the particular circumstances an extension of time is reasonable and
warranted.
2. Any vessel which is berthed-,meor-ed or anchored at a place in Newport
Harbor not designated for such vessel shall be moved as directed by the
Harbormaster. In the designation of mooring areas and anchorage areas in
Newport Harbor, consideration shall be given to the needs of commerce, the
utilization of turning basins, the use of channels for navigation, and the
economy of space
B. Application of Cha ter. The terms of this chapter, as they relate to moorings
and buoys, shall apply to [on -shore moorings" which are moorings located
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM132]: Should this be updated with
more current Fire Code regulations?
I appears intended to regulate coal- or wood -burning steam
engines, of which there are likely few remaining in Newport.
Commented [JMM133]: "Berthing" includes "mooring"
per its definition in 17.01 J
Commented [JMM134]: See also 21.30C.040 in the LCP-
IP.
Commented [JMM135]: Doesn't this need to include a
reference to where those are designated? Such as 17.05.070
— although that doesn't seem to specify allowed mooring
areas.
Commented [JMM136]: Is this intended to be different
from the fust sentence of A?
More importantly, is the 72 -hour rule intended to apply
to the designated anchorage in the harbor (as opposed to
mooring fields) and there any other rules for its use (such
as registration or time a vessel can be left unattended)?
If so, where are they? (cf. 17.20.050, where a vessel outside
the harbor is deemed abandoned if unoccupied for more than
3 hours)
Commented [JMM137]: "open waters" is not defined in
17.01. But "Pacific Ocean" appears to be defined to exclude
the harbor. So I take this to be a regulation applicable only
outside the harbor (as is also implied in I.1, below). If so,
that is an area I doubt the Harbormaster patrols or is
particularly aware of activities in.
Commented [JM M138]: Where are these specified? How
is a mariner expected to know?
None are shown on the harbor map, which is not presently
part of Title 17, anyway.
However, 10 swimming areas are described in words in
Chapter 11. 12, last updated in 1964. Many of those appear to
be in the harbor.
Commented [JMMl39]: If one anchors more than 500
yards from the ocean swimming areas there is no time limit?
Are there any additional rules for anchoring within 500 yards
of a swimming area? Such as the discharge regulations of
17.45.030?
Commented [JMM140]: This repeats language in "A"
above. Why?
Newport Beach Municipal Code
Chapter 17.25 BERTHING, MOORING AND STORAGE
Page 43/115
landward of the pierhead line and to "offshore moorings" which are located
bayward of the pierhead linel, with equal force and effect.
C.
1. Boats berthed at private or public piers shall not extend beyond the
prolongation of the side property lines of the property or 12ropertiesl to which
the pier is connected in accordance with Section 17.35.020, or any successor
2. Any boat berthed at a pier or slip shall not extend baywar4 beyond the
end of the pier or slip ba distance of more than the maximum width of its
beam beyond the e4qa of Ohe pier or slip. Between Bulkhead Station 256,
beginning at Collins Avenue to Bulkhead Station 255, boats moored at a pier
or slip shall not extend more than fifteen
(15) feet bayward (from the end of the pier or slip or more than the width of the
beam of the boat, whichever is less.
D. Permit Required. No person shall place, erect, construct or maintain a pier
mooring or buoy in the waters of Newport Harbor over City -owned or controlled
tidelands without first having obtained a permit pursuant to this title.
E. (Unauthorized Use of Mooring. No person shall use a mooring unless he or
she holds a current and valid permit exceptwiththe permission ' p ' sion of the `
Harbormaster for temporary use, as erein provided.
i
F. Chains and Fastenings.
1. No person shall erect, construct or maintain any mooring in Newport
Harbor unless all chains and fastenings are of sufficient size to stand abreaking
strain of at least six (6) times the (weight of the mooring].
2. All mooring lines on buoys shall be so arranged that, when dropped, they
will immediately sink. With a double mooring, however, it shall be permissible
to connect two (2) mooring lines with a spreader line having floats attached
thereto to keep such line afloat when the mooring is unoccupied.
G. (Buoy Markingsl. Mooring buoys shall be painted with the number allocated
thereto by the Harbormaster to the mooring, the numeral(s) of which shall be at
least three (3) inches in height.
H. Maintenanco. All moorings shall be kept in
in the location assigned by the Harbormaster.
ood and serviceable condition
I. Mooring, Anchoring and Vessel Condition Requirements.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JM M 141 ]: The explanations repeat the
more detailed definitions in 17.01. Is it supposed to modify
them in any way? If so, how?
Also, the dash in "off -shore" has been removed since it
doesn't appear in the master definition. J
Commented [JMM142]: This seems to misconstrue Title
17's definition of "berthing" and limit it to berthing at docks.
Shouldn't this be in the "Docking" section 17.25.010?
Commented [JMM143]: 17.35.020 allows joint use piers.
Commercial piers, it appears, may also exist in front of
multiple properties.
Commented [JMM 144]: It is not clear what this adds or
even what it is intended to modify: What property a pier is
"connected" to (for which I find little clarity except for
residential piers)? Or what qualifies as "extending"?
Commented [JMMI45]: Moved for grammatical clarity.
Commented [JMM146]: It is not clear why the previous
sentence says "beyond" and this one says "from".
Commented [JMM 147]: Does the City "own" tidelands?
Is this trying to distinguish City -controlled from County -
controlled tidelands?
The definition of "tidelands" in 17.01 is for City -controlled
tidelands and submerged lands.
Does the restriction to "City -controlled" mean the City
believe there are "private tidelands," not under City or
County control, where a pier can be constructed with no Title
17 permit?
Wouldn't it at least need an Approval in Concept for a CCC-
issued
CGissued CDP?
lAlso, doesn't the County let the City review pier permits
Commented [JMM 148]: For piers this seems to be
referring to a harbor development permit. For moorings it
seems to be referring to a mooring permit. Both are
confusingly found in other chapters with little guidance he
Commented [JMM 149]: At this point the Section
17.25.020 seems to have switched from berthing in general
to be exclusively about moorings, but with no clear
indication such a transition is being made.
Commented [JMM 150]: This seems to mean somewhere
in the entirety of Title 17. Given how large Title 17 is, it
would be helpful to indicate where to look "herein".
Commented [JMM151]: These are clearly development
(construction) standards. Why are they in a chapter about
lharbor uses?
Commented [JMM 152]: Does this refer to the weight of
the mooring anchor on the harbor floor or to the weight of
the moored vessel? If the former, is it weight on land? Or
effective weight under water?
Commented [JMM 153]: This, too, would seem to be a
development standard, but there is nothing in Chapter 17.35
about standards for moorings.
Commented [JMM 154]: This would seem to be a
"condition" standard belonging in the following subsection.
Newport Beach Municipal Code
Chapter 17.25 BERTHING, MOORING AND STORAGE
Page 44/115
1. Mooring Anchoring.) All vessels anchored on the open waters of the Commented [JMM155]: It is unusual for a numbered
Pacific Ocean shall be anchored in such a manner so that the vessel does not subsection to have a title.
come in contact with another vessel or structure. All vessels using moorings in
Newport Harbor shall be firmly anchored to a mooring from bow and stern in
such a manner as to prevent the vessels from swinging, turning or drifting,
except in areas designated by the Harbormaster as single mooring areas.
Vessels in single mooring areas shall be tied from the bow. All vessels
anchored in Newport Harbor in the designated anchorage area shall be
anchored in such a manner so that the vessel does not come in contact with
another vessel or structure and does not extend beyond the demarcation line of
- Commented [JMM756]: Are moored vessels expected to
the designated anchorage area.
2. Wessel Condition�—Safety, Seaworthiness and Operability. Wessels
assigned to a mooring by permit must be maintained in an safe, seaworthy and
operable condition. If, based upon the appearance of the vessel, inspection by
the City or other facts, the Harbormaster has cause to believe a vessel is not
safe, seaworthy and operable, the Harbormaster shall give written notice in
accordance with the service requirements of Section 1.05.030, or any successor
section, to the permittee requesting a demonstration that the vessel is safe,
seaworthy and operable. The permittee shall, upon written notice specifying the
date and time, demonstrate to the Harbormaster that the vessel assigned to the
mooring is safe, seaworthy or operable. In the event that the Harbormaster
determines that vessel is not safe, seaworthy or operable, the permittee shall: (a)
commence repairs within thirty (30) days upon service of
the written notice of such determination and complete repairs within ninety
(90) days of the commencement unless the Harbormaster, upon written request
from the permittee specifying the reasons therefor, approves an extension of
time to complete the repairs; or (b) remove the vessel within thirty (30) days of
service of the written notice of such determination land request assignment of a
different vessel that is safe, seaworthy and operable to the mooring within sixty
(60) days after the removal of the vessell. This section is not intended to apply
to any brief period of repair common to most vessels. The Harbormaster may
repeat his or her request to test operability and seaworthiness as needed.
3. It is unlawful and a public nuisance for any person owning, leasing,
occupying or having charge or possession of Jany vessel in the City tomaintail
permit, cause or allow to exist on such vessel any of the following conditions:
a. Promotion of a fire hazard, including, but not limited to, improper
open fuel storage, deficiencies in the vessel's fuel storage tanks, inoperable
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
similarly stay within the bounds of the designated mooring
area?
Commented [JMM1571: Again, having a heading for a
numberedsubsection is unusual and this one seems to apply
equally to "3" and "4".
Should "3" and "4" be subsections "a". "b" and `b" of "2"?
Commented [JMM158]: Is this a hold -over from the days
when permittees had to keep a boat on the mooring? If so,
shouldn't it be deleted, as it seems to create such a
requirement.
Commented [JMM159]: This subsection, apparently
intended to apply to all vessels in the City, is confusingly
sandwiched into a series of subsections applicable only to
vessels on moorings.
And by "City" this is apparently means anywhere in the City,
not just in the harbor (or bay?) even though that may be
outside the normal scope of the "Harbor" Code?
See also 21.30C.040.B in the LCP-IP for "assigned" vessels
— with "assigned not clearly defined.
Newport Beach Municipal Code Page 451115
Chapter 17.25 BERTHING, MOORING AND STORAGE
electrical systems, storage of combustible or other flammable material that
constitutes a fire hazard to any vessel;
b. Retention of water that becomes stagnant, unsanitary, or polluted;
C. Accumulation or storage of rubbish, trash, debris, rubble, containers,
or boxes that are visible aboard the vessel or stored inside the vessel in such
a way to make the vessel inoperable for its intended use;
d. Storage or securing a vessel in such a way that it impedes pedestrian
travel on City beaches and tidelands;
e. Contribution to hazards to public safety or health, such as, but not
limited to: propagation of vermin, rats, insects, or unsanitary conditions
from the accumulation of fecal materials;
f. Maintenance in such non -seaworthy condition that it is unsafe,
unsightly or poorly maintained, including, but not limited to: broken
windows, unsecured doors or hatches, excessive marine growth attached to
the vessel, the vessel is inoperable for its intended use, partially destroyed
or partially repaired for more than three (3) continuous months, provides
access to marine mammals, is actively seeping hazardous or toxic material
into the surrounding waters, or would present a physical danger to public
safety personnel during emergency access;
g. Operation of its mechanical or electrical systems creates �xcess �oise, - commented [JMM160]: Delete? In excess of what? Or
odors, vibrations, fumes, discharges or emissions that constitute an impact should it be "excessive"?
on public health or safety;
h. Violation of the terms and conditions of other use or rental permits as
granted by the City;
i. Allowance of repetitive, boisterous or unruly conduct by the vessel
operator or occupants when that conduct: (i) is offensive to a person of
ordinary sensibility, (ii) continues after a written or oral request to terminate
the conduct, or (iii) is offensive to a considerable number of people;
j. Anchorage in an area controlled by the City without adequate
anchor(s) rope or chain appropriate for the wind and sea conditions
encountered in Newport Bay;
k. Inability of a vessel on a onshore mooring to be self-righting on
an incoming tide without flooding the vessel;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019
Newport Beach Municipal Code
Chapter 17.25 BERTHING, MOORING AND STORAGE
Page 46/115
1. Attachment to a mooring in such a way that the vessel regularly drifts
or impedes safe navigation in the bay; or
in. Installation bf a marine sanitation device that is not connected
directly to an internal holding tank at all times while in Newport Bay.
In the event that the City determines that a vessel is a public nuisance,
the City may commence public nuisance abatement per Chapter 10.50,
or any successor chapter.
Commented [JMM161]: Should this be "Presence"?
Commented [JMM162]: This phrase, used frequently in
Title 17, seems to be a euphemism for "toilet" but it does not
appear to be defined or explained anywhere.
Shouldn't it be in the definitions?
4. If, based upon the appearance of the vessel, inspection by the City or
Harbormaster or other facts, the Harbormaster determines that a sea lion has
boarded a moored Wessel, the Harbormaster shall issue and serve a notice of - Commented [JMM163]: This, confusingly, seems to be
violation in accordance with Section 1.05.030, or any successor section, andthe back to moored vessels only.
permittee shall take any and all necessary action to employ and maintain
appropriate measures to deter sea lions from boarding the vessel within seven
(7) calendar days of the notice of violation. If the Harbormaster determines that
appropriate deterrent measures have not been taken within seven (7) calendar
days of the notice of violation, the Harbormaster may issue an administrative
citation or other available remedy authorized by this Code. In the event the
Harbormaster issues an administrative citation, the permittee shall: (a) take any
and all necessary action to employ and maintain appropriate sea lion deterrent
measures; or (b) remove the vessel from Newport Harbor. Appropriate
deterrent measures shall be defined as the latest methodology permitted by
National Marine Fisheries Service to minimize sea lion boarding of vessels
assigned to a mooring. If the City is unable to reach the permittee within the
seven (7) calendar days, the Harbormaster may install temporary deterrent
measures as needed and recover the City's cost of compliance.
Inspection of Moorings. Each mooring shall be lifted by the owner for
inspection by the Harbormaster at least once every two (2) years and shall be
repaired so as to be in good condition before being replaced; provided, that the
Harbormaster may require any mooring to be lifted at any time when deemed
necessary to assure it is in good condition. If the permittee has such lifting
performed by a marine contractor, then the Harbormaster may authorize such
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 47/115
Chapter 17.25 BERTHING, MOORING AND STORAGE
contractor to inspect the mooring on behalf of the Harbormaster and certifythe
results to the Harbormaster in writing. The permittee shall pay the costs of any
inspection performed by a contractor on behalf of the Harbormaster.
rmnd Rental Not Permitted. Except as authorized in Section 17.60.040(B)(1)(a), Or Commented [JMM164]:Errorinlettering.
any successor section, no mooring may be leased or rented by the permittee to
another person except with the written permission of the Harbormaster.
ML. Administration. The Harbormaster shall administer all provisions in
this section.
17.25.030 Storage Regulations.
A. (Vessel or Trailer Storage on Beaches Prohibited—Exceptions. No person
shall store any (vessel, watercraft,) trailer or other similar object on any public beach
in the City except as provided in subsection (A)(1) of this section. As used in this
section, the term "store" shall mean to leave or permit to remain unattended for a
period of three (3) hours or more and not in the possession or control of the owner
or user.
1. Vessels, watercraft and equipment directly related to the use of the vessel
or watercraft (related equipment) may be stored on a public beach as follows:
a. Any vessel(s), watercraft and/or related equipment owned and
maintained by the City or its contractors which is (are) used in conjunction
with recreation programs offered by the City;
b. Any vessel(s), watercraft and/or related equipment that cannot
feasibly be berthed 1ooreo at a privately owned pier or mooring and is
(are) used by a nonprofit corporation for noncommercial purposes provided
a vessel storage permit has been approved by the Harbormaster. An
application for a vessel storage permit shall be filed with the Harbormaster,
in accordance with (Section 17.60.9015 and issued if the Harbormaster
makes the findings set forth in Section 17.05.140 (D) and there is
substantial evidence that the permit would not adversely affect the health,
safety or welfare of those who use, enjoy or own property on or near the
waters of Newport Bay. Vessel storage permits
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM165]: 17.45.30.D separately prohibits
leaving vessels on the shore and calls for their removal
without notice. It does not cite these exceptions or any other.
Commented [JMM166]: See earlier notes. "Vessels" are
defined as the subset of "watercraft" used for transportation.
This section should choose one term or the other depending
on what it is trying to restrict.
Saying "vessels" is unnecessary if it restricts all watercraft.
Conversely, adding "watercraft" is incorrect if it is meant to
be applicable only to "vessels."
Commented [JMM1671: "Any public beach" would
include the ocean -facing ones, not just those on the Bay.
However, vessel storage on the ocean beaches is separately
regulated by NBMC 11. 17.040 — which includes such things
as the Dory Fleet of Policy H-4, which would otherwise be
outlawed by this section.
The rules there are also limited to regulations on the
operation and storage of watercraft requiring a State -issued
number. That allows more permissive ocean beach uses.
But as previously noted that 11.17.010.A refers to an area
described in "17.12" as it existed in 1989 or possibly before
— which is now difficult to trace.
Commented [JMM168]: "berthed" includes "moored"
Commented [JMM169]: 17.60.020 is for permit filed
with Public Works
Newport Beach Municipal Code Page 481115
Chapter 17.25 BERTHING, MOORING AND STORAGE
are subject to the following standard conditions as well as any additional
conditions imposed by the Harbormaster:
i. The permittee shall not cause or permit any unreasonable noise that
would adversely affect the use or enjoyment of public or private property
in the vicinity of the vessel, watercraft or equipment;
ii. The permittee shall not engage in, or permit, any activity that
unreasonably interferes with the use of the beach or adjoining waters by
the public;
iii. The permittee shall not cause or permit any activity that pollutes
any public or private property of the waters of Newport Bay; and
iv. Notwithstanding the process set forth in Chapter 17.70 for the
revocation of permits, the permit provided herein may be revoked by
the Harbormaster, without cause, at any time, upon thirty (30) days'
written notice to the permittee.
C. Any vessel for which a mooring permit has been issued by the City
pursuant to Section 17.60.040, or any successor section, provided thevessel
remains on the beach only to the extent necessary to load or unload.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 49/115
Chapter 17.30 HARBOR USE REGULATIONS
Chapter 17.30
HARBOR USE REGULATIONS Commented [JMM170]: This is lacking any reference to
the harbor swimming regulations in Chapter 11.12
Sections:
--
17.30.010
Landing of Aircraft.
17.30.020
Loading or Unloading Hazardous Materials.
17.30.030
Live Bait and Sea Life.
17.30.010 Landing of Aircraft.
No person shall land or take off from the waters of Newport Harbor with any
aircraft without first obtaining a permit from the City Council. An application for
an aircraft landing permit shall be filed with the Harbormaster in accordance with
Section 17.60.015. Such permit may be issued if the City Council determines
that, under the circumstances, the proposed landing or takeoff will not create a
hazard to life or property or otherwise impact the health, safety and welfare of the
public. In granting such permit, the City Council may impose such conditions on
the exercise thereof as it deems appropriate.
17.30.020 Loading or Unloading Hazardous Materials.
No person shall load or unload any hazardous materials to or from any vessel from
or upon any pier or other vessel in Newport Harbor without first obtaining a permit
from the Fire Chief pursuant to Section 105.6 of the California Fire Code and
Chapter 9.04, Fire Code, of Title 9 of this Code. An application for a permit to
load or unload any hazardous materials shall be filed with the Fire Chief or Fire
Code Official lin accordance with (Section 17.60.0151. The Fire Chief or Fire Code
Official shall issue the permit if he or she finds that the hazardous materials and the
associated maintenance, handling and/or storage activities conform to the
California Fire Code and this Code. The Fire Chief or Fire Code Official may
impose any conditions on the issuance of the permit necessary to protect the health,
safety and welfare of the public.
17.30.030 Live Bait and Sea Life.
Commented [JMM171]: This term is not defined.
Probably now the Fire Marshal.
Commented [JMM172]: Not obvious what section should
be cited. 17.60.015 is for Harbormaster Permits, only.
Possiblv somethine in Title 9?
A. sive Bait and/or Sea Life Receivers Defined. A live bait or sea life receiver
--
Commented [JMM173]: Shouldn't this bemnvedto
is an object for confining live bait or sea life such as those receivers fostering
17.01 (Definitions)?
growth of sea life under the water, which is afloat in the waters of Newport Harbor
or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by
means of an anchor or other weight to the bottom of the harbor or ocean; provided,
however, that a live bait receiver shall not be deemed to be a " structuro' within the
,
''
Commented [JMM174]: Nor is it a "vessel' for purposes
of"F"?
meaning of Chapter 17.50.
Not being a structure would seem to mean they don't need a
harbor development permit. Do they need any kind of
permit? Presumably a MAP if they are commercially
operated?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 501115
Chapter 17.30 HARBOR USE REGULATIONS
B. Requirements for Live Bait/Sea Life Receivers. All live bait/sea life
receivers used within the waters of Newport Harbor shall be fitted with screen
trays in the bottom thereof so as to retain all dead bait or sea life or other debris
within the receiver which can be raised to dispose of the dead bait/sea life or other
debris. All live bait receivers within the City shall also have a screen or solid cover
which fits closely unless the receiver is completely covered by aroof.
C. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea
life other than in a receiver conforming to the requirements hereof is prohibited.
After three (3) calendar days' written notice, served in accordance with Section
1.05.030, to the owner of a nonconforming receiver, it may be removed by the
Harbormaster and stored at the expense of the owner.
D. �elm€feia1-Bait Boats, Rait and Se T if 12 ... ive --. All boats used to
catch or furnish live bait or sea life receivers shall, at all times, have aboard a
covered receptacle in which shall be placed all dead bait and other sea life debris.
No person shall commercially operate a bait boat or a bait receiver without first
obtaining a marine activities permit pursuant to Chapter 17.10. Bait tanks on such
boats when containing bait shall be covered at all times when in Newport Harbor
by a cover which fits closely over the top except while bait is actually being
transferred to or from the tank.
E. Disposal of Bait. No person shall place or allow to be placed any live or dead
bait or other sea life debris in the unconfined waters of Newport Harbor except
when it is attached to a hook or hooks in the act of fishing.
F. Transfer of Live Bait. No person shall transfer live bait from one vessel to
another vessel or sell the same at retail from a vessel within the limits of Newport
Harbor, except when all vessels involved are moored to a pier and are within the
tierhead line During a period of adverse conditions of sea orbeaches causing the
ransfer from offshore receivers) to be hazardous, a location inside the harbor may
be used with the written approval of the Harbormaster or when authorized by a
lease issued pursuant to Chapter 17.60.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM175]: The heading does not seem
accurate. It appears to apply to all boats that catch bait,
commercial or not. And it does not apply to the receivers.
Commented [JMM176]: Misplaced comma.
Commented [JMM 1771: "F" apparently refers to transfer
between boats, as opposed to transfer between a boat and a
"receiver" as described in "A".
It is not clear to me what this means. What are "offshore
receivers"?
Was this simply meant to say "transfer offshore"?
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Chapter 17.35
HARBOR DEVELOPMENT REGULA'
Sections:
17.35.010
General Provisions for Harbor Structures.
17.35.020
Piers.
17.35.030
Bayward Location of Piers and Floats.
17.35.040
Other Structures.
17.35.050
Bulkheads.
17.35.060
Balboa Island—Noncommercial Piers.
17.35.070
Areas with Special Harbor Permit Regulations.
17.35.080
Parking Requirements.
17.35.090
Signs.
Page 511115
17.35.010 General Provisions for Harbor Structures.
A. Design of harbor structures shall conform to the "Waterfront Project
Guidelines and Standards, Harbor Design Criteria, Commercial and Residential
Facilities" as adopted by resolution of the City Council and as may be amended
from time to time. The applicant may submit an alternative design for review and
potential approval of the City prior to the issuance of a harbor developmentpermit
using the "Alternate Materials, Design or Method of Construction" as provided in
the California Building Code [A] 104.11.
B. Protection of Coastal Access and Resources. All harbor structures, including
remodels of and additions to existing structures, shall be designed and sited to
current standards so as not to obstruct public lateral access and to minimize
impacts to coastal views and coastal resources.
C. Appearance. All structures permitted to encroach into open coastal waters,
wetlands and estuaries shall be designed and sited to harmonize with the natural
appearance of the surrounding area.
Commented [JMM178]: NBMC 21.30C.050 in the LCP-
IP is identically titled and contains language duplicative of
much of this, but with CCC -certified changes.
Commented [JMMI79]: This repeats the definition of
"Design Criteria" in 17.01 with very slight variation.
D. Eelgrass Protection. The use of materials in pier and dock construction
design, materials and methods shall consider minimal �mpacts to eelgrass and - Commented [JMMI8o]: Minimizing?
marine habitat.
E. Docking Facilities. Docking facilities shall be designed and sited in
relationship to the water's depth and accessibility.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 52/115
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
F. Protection of Traffic. Adequate provisions shall be made for the protection of
the traveling public. Barricades shall be placed on streets with lights at night, also
flagmen employed, all as may be required by the particular work in progress. The
permittee shall not attempt to forbid the full and free use by the public of all
navigable waters at or adjacent to the work or structure. If the display of lights and
signals on any work authorized is not otherwise provided by law, as may be
prescribed by the U.S. Coast Guard, they shall be installed and maintained at the
expense of the permitteel.
Structures shall be so constructed as not to obstruct, interfere with or prevent the
free use of adjacent harbor structures or passage of any sidewalks, street, alley,
public way or navigable channel.
G. �iability for Damages. The permittee is responsible for all liability for
personal injury or property damage which may arise out of work herein permitted,
or which may arise out of the use or possession of such works, and in the event any
claim is made against the City or any department, officer, or employee thereof,
'by reasons of, or in connection with such work, permittee shall defend,
indemnify and hold them and each of them, harmless from such claim.
H. Repairs. The permittee shall keep the structures in good repair at all times.
Failure to repair, when written notice has been given by the Public Works
Department, shall be cause for the revocation of the permit in accordance with
Section 17.70.020.
I. Pollution Control. The permittee shall maintain the area delineated on the
harbor development permit free and clear from beached or floating rubbish, debris
or litter at all timed. Adequate safeguards shall be maintained by the permittee to
avert any other type of pollution of Newport Harbor from recreational and/or
commercial use of the tidelands.) Failure to comply with the provisions of this
section shall be cause, after written notice has been given to the permittee by the
City, for the revocation of the permit in accordance with Section 17.70.020. When
unusual circumstances arise with respect to the collection of debris or litter, the
City Manager may authorize by the use of City forces or by contract, the removal
of such debris. C -The cost for such pollution control will be borne by the
permittee.
J. Rights to Impose Rental or Other Charges. The approval of permits or leases
by the City shall not constitute a waiver of any rights or requirements which it
may now have or hereafter have to impose rental or other charges in conjunction
with the maintenance or use of the proposed facility and upon the users of the
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM181]: I am unable to decipher what
this is trying to say. What are the requirements for lights
other than on barricades on streets (such as, in the water)?
And are there circumstances, as it implies, in which someone
other than the permittee provides and pays for them?
Commented [JMM182]: This looks like a permit
requirement belonging in 17.50. It is not a development
standard.
H, I and J also appear to be permit conditions rather than
development standards.
Commented [JM M183]: This conjunction makes no
sense to me. Are some words missing?
Commented [JM M184]: For marina and pier permittees,
this is repeated as a "Sanitation" requirement in 17.45.030.E
Commented [JMM1851: The intent of this is unclear to
me. The word "avert" seems to make the permittee
responsible for any pollution anywhere in the harbor
whoever causes it — since the permittee failed to avert it.
Does this, instead, mean they are responsible for "cleaning
up" or keeping out other's pollution to the extent it intrudes
into their permit area?
Commented [JMM186]: This seems to need some
grammatical cleanup. I suspect this is what was intended, but
am not sure.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 53/115
K. Special Event Permits. �f a permittee proposes a use of Newport Harbor
other than that allowed by this Code, he or she must first obtain a "special event
permit," as provided by Chapter 11.03 of this Code.l Upon issuance of the specia
event permit, the City may impose conditions on the permit to assure that the
proposed use does not affect the health, safety or welfare of the residents of
Newport Beach.
17.35.020 Piers.
A. Pse Regulat.
1. No permits for a residential pier will be granted to persons other than the
owners or long-term lessee of the abutting upland properties.
2. The permit application for a residential pier permit must be signed by the
fee owners or long-term lessee of all abutting upland property having access to
the pier.
3. Shore -connected piers bayward of residential zoned areas shall be
controlled by the permittee. Vessels moored at residential piers shall not create
a nuisance with regard to vehicle parking, vessel waste, or noise disturbances to
adjoining residents.
4. Shore -connected piers bayward of commercial -zoned areas may be rented
pursuant to the provisions of this title.
5. Only piers and certain patio decks authorized under subsection (PC) of
this section and their appurtenances shall be permitted bayward of the
bulkhead.
6. No private piers shall be permitted at street ends.
7. In single -unit and two -unit residential districts, only a single pier and slip
shall be permitted bayward of each parcel or lot. For multi -unit or mixed-use
districts, only a single pier and slip shall be permitted bayward of each parcel
or lot unless permitted by the "arbor Commission or Planning Commission as
appropriatel.
8. No new, noncommercial piers on Balboa Island shall be permitted, unless
approved pursuant to Section 17.35.060.
Commented [JMM187]: The provision makes little sense,
especially at this place in the code.
First, this is a chapter on development standards, not harbor
uses.
Second, it appears to give the Recreation and Senior Services
Department total and unrestricted license to grant deviations
from the code, with no particular procedure or criteria
imposed on them. Review by Public Works or the Harbor
Department is completely discretionary.
Third, Chapter 11.03 does not appear to authorize permitting
anything other than certain kinds of congregations of people.
See comments on 17.25.010.A, above.
Commented [JMM188]: The heading suggests this are
Harbor Use Regulations, which would belong in 17.30.
But the content indicates they are an odd mix of use
regulations, harbor development permit conditions (which
might belong in 17.50) and true "Harbor Development
Regulations."
Commented [J M M 189]: Who decides what is
"appropriate"?
9. The City shall provide harbor lines, parcel lines, parcel information,
utility easements, and other pertinent information associated with the
permitting process, wia the City of Newport Beach website at:
http://www.newportbeachca.gov.1 Commented [JM M190]:Isall ofthis beingdone?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 54/115
10. Permits may be granted for joint ownership piers at the prolongation of
common lot lines. The permit for joint ownership piers shall provide that all
parties shall have equal rights under the permit and shall be held jointly
responsible for compliance with all rules, regulations, and conditions set forth
in the permit.
B. Setbacks.
1. All piers and slips for residential properties shall be set back aminimum
of five feet from the prolongation of the side property line.
2. With the prior approval of the City Manager, piers and slips for
commercial properties may extend past the prolongation of the property line.
3. The prolongation of the property line bayward 4aa the same bearing
from the bulkhead shall generally be used in determining the allowable
setbacks for piers and slips. Because there are certain physical conditions
which preclude the strict application of this policy without prejudice to
adjoining properties, special consideration will be given to areas where
precise prolongation of the property line has not been determined and at least
one of the following conditions exist:
a. Where property lines are not approximately perpendicular to the
bulkhead line;
b. Where curves or angles exist in the bulkhead line; or
C. Where bridges, topography, street ends or publicly owned facilities
adjoin the property.
4. Setbacks apply to joint ownership piers with the exception that the slips,
floats and piers may extend over the common property line.
Commented [JMM191]: This regulation is very vaguely
written.
Shouldn't extension beyond property lines be a Harbor
Commission decision?
If City Manager, how is notice given to potentially impacted
persons and what is the mechanism for appeal?
Equally disturbingly, the Council -approved commercial
setback without special City Manager approval is not
specified. Is it 5 feet? Or zero (as Chris Miller has sometimes
said)?
Commented [JMM192]: "of' does not make sense. Even
with "at" the grammar is awkward, but I take this to mean
the extension of the property line into the bay at whatever
bearing (compass direction) it has at its intersection with the
bulkhead.
C. Patio Decks. Patios are not permitted to extend over the waters of Newport
Harbor unless the waters are adjacent to the upland property and outside the areas
patio complies with described in the idelands trust, and provided the
p p the following / Commented [JMM193]: The definition excludes State or
conditions: County tidelands.
1. The maximum projection of patio decks encroachments beyond the
bulkhead line shall be limited to five feet.
2. The minimum setbacks from the prolongations of the side property lines
shall be five feet.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM194]: Does the City enforces this? I
could be wrong, but I have the impression there may be patio
decks along full lengths of properties, as well as over public
tidelands.
Newport Beach Municipal Code Page 551115
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
3. �o float Shall be permitted within one foot of the decks.
-' Commented [JMM195]: The meaning is unclear. Does
this mean horizontally or vertically? If it means floats have
4. No permanent structure shall be permitted on the projecting portion ofh
p p p J g p te
toset back 1 ft bayward from the nearest edge of the patio
deck, it should say so.
patios except:
Even so, I believe there may be instances where decks
a. Planters and benches not over sixteen (16) inches in height; and/or
extend over floats' but are separated vertically'
b. Railings not over forty-two (42) inches in height with approximately
ninety-five (95) percent open area.
5. A harbor development and building permit has been obtained.
D. Storage Lockers. Storage lockers and boat boxes may be installed on shore -
connected piers and floats subject to the following limitations:
1. The overall height shall not exceed thirty (3 0) inches when located
bayward of residential property zones.
2. The overall height shall not exceed thirty (30) inches when located
bayward of commercial and industrial property zones where the piers and floats
are used primarily for the mooring of pleasure boats.
3. The overall height shall not exceed sixty (60) inches when located on
facilities bayward of commercial and industrial zoned property where the use is
not primarily for the mooring of pleasure boats.
4. The overall height shall be measured from the deck of the pier or float to
the top of the storage locket and overall height to include the enclosed portion
of the locket or box.
- ' Commented [JMM196]: This adds nothing I can perceive
unless it means non -enclosed parts don't count. If that is the
E. Safety Requirements.
intent, it should be stated more clearly. Otherwise, this
should be deleted.
1. All commercially operated boat docking facilities shall be equipped with
firefighting facilities as specified by the Fire Code.
2. Any electrical service upon any pier, dock or float shall be installed under
a permit obtained from the Community Development Department.
3. Any domestic water service upon any pier, dock, or float shall be
installed under a permit obtained from the Community Development
Department.
4. All commercial piers, floats or docks used for the loading ofpassengers
shall be lighted in such a manner as to provide an illumination level as
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 56/115
specified by the California Building Code_ for all areas used for the loading
of such passengers.
F. Encroaching Piers and Floats. In areas where existing piers and floats
encroach in front of abutting upland property owned or leased by others, a new
permit shall be required upon the occurrence of any of the following:
Any change in type of existing use of the piers and floats;
2. Any change in type of existing use of the abutting upland property owned
by the permittee;
3. Any change of existing ownership of the abutting upland property owned
by the permittee or upon the death of the permittee;
4. Any destruction of the pier and float in which over sixty (60) percent of
the replacement value of the pier and float has been destroyed.
A public hearing before the Harbor Commission is required prior to the issuance of
a new permit for an encroaching pier or float. The public hearing shall be held in
accordance with the procedures set forth in Section 17.05.140. The Harbor
Commission may approve or conditionally approve a new permit for an
encroaching pier or float upon making the findings set forth in Section
17.05.140(D)(1). The requirements in this subsection are limited to permits and
shall not apply to leases entered into by the City in accordance with Chapter 17.60.1
,.--
Commented [JMM197]: I believe this figured
prominently in the (possibly still ongoing?) litigation
G. Defective Piers. Upon learning that any pier is in a defective or dangerous
between Susan Riddle and John Vallely over an encroaching
commercial dock near the ferry landing on Balboa Island -
condition, the Public Work Director shall immediately so notify the owner or other
and the judge found its intended meaning to be inscrutable.
person having charge of the same in writing, requiring such person or persons to
Why would lease agreements allowing encroachments be
immediately repair it or to put up barriers to prevent persons from going upon it. If
free of public hearing requirements?
such person shall fail or neglect to do so, the Public Works Director may place
barriers as necessary for the protection of the public and charge the cost thereof to
such person, and it shall be a violation of this title for any person to interfere with
any such barrier.
H. Damaged Pier. If any pier, or any portion thereof, or any material on such
pier, shall fall into the waters of Newport Harbor, it shall be the duty of the owner,
agent or lessee of such pier to forthwith remove the same from the waters of
Newport Harbor and, if they shall fail to do so, the Public Works Director may do
so and the cost thereof may be recovered from the owner, agent, or lessee of such
pier in a civil action.
17.35.030 Bayward Location of Piers and Floats.
A. Piers and floats may not extend beyond the pierhead line unless approved
�n compliance with Council Policy �s may be amended from time to time.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM1981: I would suggest the small
remaining part of Policy H-1 be inserted here so as to avoid
this vague reference to "policy".
Newport Beach Municipal Code Page 57/115
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
B. Piers and floats shall not be permitted on the north side of the �hannelkouth Commented [JMM199]: Is this a recognized federal
of Bay Island. "channel". Ifnot, who defines precisely where it ends?
C. Piers and floats (shall not be permitted �n the beach area along the northerly
side of Lido Isle between the easterly line of Lot 849 nd the westerly line of Lot
493.
D. Piers and floats shall not be permitted in the beach area along the southerly
side of Lido Isle between the easterly line of Lot 919 and the westerly line of Lot
457.
17.35.040 Other Structures.
A. Race Committee Platforms. Race committee platforms and instruction
platforms may be constructed bayward of the bulkhead line at recognized yacht
clubs and recognized sailing schools. All work shall require issuance of allarbor
Development Permit.
B. Floating Dry Docks. Permits for floating dry docks may be approved bythe -
Public Works Department., An application for a floating dry dock permit shall be
filed with the Public Works Department, in accordance with Section 17.60.020
and shall be approved if:
1. The Public Works Director makes the findings set forth in 17.05.140
(D)(1);
2. The location of the floating dry dock is in waters bayward of
commercial, manufacturing or unclassified zones; and
A harbor development permit has previously been
Permits for floating dry docks are issued for one (1) location only
permit must be obtained to move a floating dry dock from one
another location within the harbor.
A new
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
to
Commented [JMM200]: But the City's GIs shows there
is one. Whose is it and how was it permitted?
Commented [JMM201 ]: Is it understood that Lido Isle is
Tract 907? So the references are to lot numbers in the of
Tract 907 subdivision map?
Commented [JMM202]: But the City's GIS shows there
are three. Whose are they and how were they permitted?
Commented [JMM203]: For what? Construction ofthe
dock even if it was done off-site?
Commented [JMM204]: Delete extra semicolon.
Commented [JMM205]: I do not like ever repeating
numbers in parenthesis (at best, it adds nothing, and at worst
, it can create an inconsistency), but in this case it is
especially confusing because "one" is not being used in a
numeric sense. It could be replaced by "a" without loss of
meaning.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 581115
17.35.050 Bulkheads.
A. All bulkheads in residential districts shall be installed on the established
bulkhead line or at a location (behind (the bulkhead line that would preserve the
design profile of the harbor{. Any retaining or ornamental wall installed landward
of the bulkhead line shall be considered a bulkhead if it also serves to contain the
waters of the harbor and shall be processed in the same manner as if it were on the
b lkh d 1' Th t bl' h t f b 11,1,d 1' d t '1 11 +11
Commented [JMM206]: This language has been certified
in Title 21 (with the deletion of "in residential districts"), but
should it be "landward of'?
"Behind" could be the land or water side depending on
which side you're looking from.
U ea lne. a %.13a 1S men o U ea 1113 003 no neceSSarl y a VW e
Commented [JMM207]: Again, it has been certified, but
property owner to build to the limits of the bulkhead line, due to the potential
this phrase seems intended to be too "artful' to be easily
environmental considerations established by the State of California and/or the
understood. Apparently the intent is to stay "behind" the
official bulkhead line in areas where it exists, and in areas
Federal Government.
where it doesn't, to stay "behind" an imaginary line that
matches the current extent of the harbor.
The (Community Development Department may approve bulkheads (located
,, --
Commented IJMM2081: Do they need buy -in from
between U.S. Bulkhead Station Nos. 112 and 109, not to exceed the bayward side
Public Works?
of the "Vacated East Bay Avenue." V.S. Bulkhead Station No. , nn For the
addresses at 2209, 2223, 2227,
2231 and 2233 Bayside Drive-_� approval Of a Oulkhead at these properties shall
not exceed a point bayward of the average high tide line established at a point forty
(40) feet landward of the face of the bulkhead at the property at 2137 Bayside
Drive, and then on a straight line from that point to the bayward most point of the
bulkhead at the property at 2301 Bayside Drive.
B. Bulkheads shall be at the (existing �eight established for the area and shallbe
connected to adjacent bulkheads. In cases where no adjacent bulkhead or
bulkheads exist, a wing wall or wing walls shall be constructed from the bulkhead
landward adequate to contain the fill behind the bulkhead.
C. The height and design of all bulkheads and wing walls shall be subject to the
(design and construction standards of the Community Development Department.
D. All bulkhead construction permits shall be subject to a detailed construction
drawing being approved by the (Community Development Department. Drawings
and substantially structural calculations shall be signed by a civil or structural
engineer.
E. The bulkhead shall not be used to support any structure on the abutting
upland property unless the bulkhead has been properly designed to carry the
additional loads.
F. In areas where there is existing development and it is of direct benefit to the
City to have a bulkhead constructed, the (City may contribute one-third (1/3) of the
cosi of constructing a bulkhead across street ends.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM209]: This already garbled language
was copied from former Policy H-1 during the 2008
reorganization, and has become even more garbled by the
presently -proposed revisions even though the original was
certified in the LCP-IP as NBMC 21.30C.050.I.1.
The significance of U.S. Bulkhead Station 104 was, and
remains, unclear.
The intent is to establish a "string line" from points at 2137
to 2301 and use that to regulate bulkhead requests at the
intervening addresses.
Grammatically, it would seem best to replace "approval of a
bulkhead at these" by "bulkheads at these". Formerly (and
still in 21.30C.050.I.1), it said "staff recommendation"—
presumably to the Coastal Commission.
That said, it seems unlikely the CCC would allow
construction of new bulkheads where they don't exist. But
the City may have approved one pursuant to this?
Commented IJMM210]: Delete repeated "a".
Commented [JMM211 ]: If the existing height is lower
than the City standard, this seems to be contradicted by "C".
Commented [JMM212]: Would this not be the "Design
Criteria"?
Commented [JMM213]: Shouldn't this be Public Works?
Commented [JMM214]: Who pays the rest? And why
would a private party build across street ends unless
compelled? Would they even have permission to do so?
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 59/115
G. Bulkheads shall be designed and sited to protect the character of the existing
shoreline profiles and avoid encroachment onto public tidelands.
H. Maintenance or replacement of existing bulkheads is permitted when
expansion or encroachment into coastal waters is limited to the minimum extent
necessary to repair, maintain, or replace an existing bulkhead and the backfill is not
used to create new usable residential land areas.
17.35.060 Balboa Island—Noncommercial Piers.
A. No new noncommercial piers on Balboa Island shall be approved unless
determined by the Harbor Commission to be in the public interest, which finding
shall be a prerequisite to the issuance of a harbor development permit pursuant to
EChapter 17.50. New noncommercial piers, if approved, shall be constructed in
strict conformance with this section and c -Chapter 17.50 and the design criteria.
Piers presently permitted may be maintained and repaired upon securing a
maintenance permit. Any revision of an existing pier or float shall be in strict Commented [JMM21 s]: what this is or who issues it is
conformance with this section and shall not be approved if the addition or revision not explained.
would, in comparison to the existing structure, further restrict or impair the
public's use of the bay or beach in the vicinity of the pier or floats.
B. The alteration, reconstruction or replacement of any existing permitted
noncommercial pieli on Balboa Island,, or any portion thereof, shall be limited to Commented [JMM216]: This seems necessary since
the following: section headings are not legally significant.
1. The overall square footage of the noncommercial pier, as proposed for
alteration, reconstruction or replacement shall be equal to or less than the
square footage of the permitted noncommercial pier;
2. ,The noncommercial pier, as proposed for alteration, reconstruction or
replacement shall not extend beyond the City permit line (the U.S. pierhead
line) or such other bayward extension of the permit area that is permitted by
this section or the Council Policvl: and
Commented [JMM217]: Does this add anything to the
general policy of 17.35.030.A?
3. The noncommercial pier, as proposed for alteration, reconstruction or Ifnot, delete?
replacement shall be wholly within the original permitted area as specified in
the existing permit on file with the City.
C. Whenever any application for a harbor development permit to install a new
noncommercial pier on Balboa Island is submitted, a public hearing shall be Commented [JMM218]: Delete extra comma.
held by the Harbor Commission in accordance with the procedures set forth in
Section 17.05.140.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
Page 60/115
17.35.070 Areas with Special Harbor Permit Regulations.
A. Promontory Bay. The following conditions are to be placed on each harbor
development permit when approved:
1. The permittee shall be responsible toLmaintain the area delineated on
the harbor development permit free and clear from floating rubbish, debris or
litter at all times; and
2. The permittee shall be responsible for all maintenance dredging, in
accordance with the design profile for Promontory Bay, for the area between
the bulkhead line and pierhead line as delineated by the harbor development
B. Grand Canal. There shall be no permits issued for onshore moorings or pier
platforms fronting on alleys, avenues or other public easements terminating on the
canal. There shall be no new permits issued for onshore moorings or pier
platforms bayward of those lots at the extreme south end and north end of Grand
Canal. The following conditions are to be in effect and placed on each harbor
development permit for the Grand Canal:
1. The permittee shall be allowed either one (1) pier platform, or in lieu
thereof, two (2) shore mooring type appurtenances per lot. Pier platforms and
onshore moorings shall be constructed according to the design criteria adopted
by the City.
2. All vessels (maximum length eighteen (18) feet) moored in the Grand
Canal shall be tied off to pier platform structures or onshore moorings.
Floating platforms or slips will not be allowed. Vessels tied to the bulkhead or
by alternate methods not approved by the Harbor Department shall be
prohibited.
3. The permittee shall be allowed no more than one (1) vessel per
onshore mooring.
4. Any onshore mooring approved for the Grand Canal shall display a
permit number issued by the Harbor Department I.
5. Each vessel tied to any pier platform in the Grand Canal shall be
anchored from the (stern lin such a method 4s to prevent the vessel from
swinging into adjoining vessels or across bayward prolongations of private
property lines.
17.35.080 Parking Requirements.
Parking shall be provided pursuant to Title 20 of this Codel.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM219]: And seems grammatically
incorrect. `responsible for maintaining" might be better.
In any event, it would seem this could be deleted since it
duplicates the "Sanitation" requirement for ALL pier
permittees in 17.45.030.E and the more general requirement
for all development permittees in 17.35.010.1.
Commented [JMM220]: How does this differ from the
general rule of 17.55.010.A? It would seem to require less
work by these property owners than others (who are
responsible out to the project line).
Commented [JMM221]: 17.01 defines "shore moorings"
and "onshore moorings" as synonymous, but why not settled
on one for consistency?
Commented [JMM222]: Delete? This is no different from
the general rule of 17.25.020.G J
Commented [JMM223]: Why is bow or some other point
not acceptable?
Commented [JMM224]: manner?
Commented [JMM225]: What does this mean?
The only off-street parking requirement I can find in Title 20
is "0.75 per slip or 0.75 per 25 feet of mooring space" for
"marinas" in 20.40.040 (Table 3-10). Most of this chapter is
for things other than marinas (for which it provides little
guidance). In addition, "mooring space" in this provision
likely refers not to buoy -type moorings but to "side -tie"
areas that wouldn't qualify as slips OR was intended to
provide an alternate method of calculation based on total
usable float length— it isn't clear.
Newport Beach Municipal Code
Chapter 17.35 HARBOR DEVELOPMENT
REGULATIONS
17.35.090 Signs.
Page 61/115
�To sign permitted Ion the tidelands shall exceed four (4) square feet in total area
except signs permitted pursuant to a lease with the City or under a marine activities
permit issued pursuant to Chapter 17.10.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM226]: What is this referring to? Are
there separate sign permits? Is a permit needed for a sign?
What permits other than MAPS require signs?
The size of the public hearing signs required by 17.05.140
.B.2.b is already said to be dictated by the City.
And the size of required sanitation signs at commercial
docking facilities and marinas (17.45.030.11) are said to be
specified by the Harbor Commission. Is this intended to rein
them in?
Newport Beach Municipal Code
Chapter 17.40 LIVE-ABOARDS
Chapter 17.40
LIVE-ABOARDS
Sections:
17.40.010
Purpose.
17.40.020
Live-Aboards Prohibited.
17.40.030
Permits Required.
17.40.040
Application for Live -Aboard Permit.
17.40.050
Issuance of Permit.
17.40.060
Term/Renewal.
17.40.070
Conditions/Regulations.
17.40.080
Use of Pumpout Facilities.
17.40.090
Compliance with Law.
17.40.100
Discharge Log.
17.40.110
Limitation on Number of Permits.
17.40.120
Transfer Prohibited.
17.40.130
Termination of Permit.
Page 62/115
17.40.010 Purpose.
The City Council of the City of Newport Beach finds and declares as follows:
This chapter will promote the public health, safety and welfare by regulating the
number of persons �iving aboard Wessels on offshore moorings and insuring, to the
extent possible, that this residential use does not result in the discharge of human
waste or other waste; activities that are disruptive or impede other parties use
and/or enjoyment of Newport Harbor; or otherwise adversely impact the health,
safety and welfare of Newport Harbor and those that visit, work around, or live on
or near, the bay.
17.40.020 Live-Aboards Prohibited.
A. Live-aboards shall not be permitted at piers that are bayward of residentially
zoned areas. No person shall live aboard any vessel on an onshore mooring.
B. sive-aboards are prohibited on moorings subject to long-term mooring sub -
permits as noted in Section 17.60.040(gH),I
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM227]: Title 17 (and the NBMC in
general) is not systematic about stating the purposes for
which ordinances were enacted.
Commented [JMM228]: It is confusing to have to look to
17.01 for the definition of "live -aboard" — which is using a
vessel as one's "domicile" for more than 72 hours in 30 days
(which is itself difficult to interpret).
Commented [JMM229]: Delete?
This dates from the original enactment that addressed only
the potential problems of non -shore -connected living.
It is very confusing to retain this as the purpose since the
chapter now, and even more as proposed, contains
regulations unrelated to offshore living.
Commented [JMM230]: Delete?
The reference seems to be to a proposed 17.60.040(H), but
there is nothing in the presently proposed ordinance about
"long-term mooring sub- permits" or any note about live-
aboards on them.
17.60.040.H.5 limits all sub -permits to 15 days.
Newport Beach Municipal Code
Chapter 17.40 LIVE-ABOARDS
Page 63/115
C. sive-aboards may be permitted on moorings subject to short-term sub -
permits according to Section 17.60.040(FH).l
D. sive-aboards are not permitted bayward of residentially owned propertiesl.
117.40.030 Permits Required.
No person shall hive- _aboard any vessel assigned to an offshore mooring without
first having obtained a live -aboard permit from the Harbormaster. No live -aboard
permit shall be issued except to a person holding a valid mooring permit issued
P
ursuant to Chapter 17.60 or 4 valid rental agreement from a commercial marina6
o permit shall be issued to any live -aboard which is not intended to serve as the
principal residence of the permittee. For purposes of this section, principal
residence shall mean to live -aboard lfor not less than two hundred forty three (243)
days in any calendar year.
17.40.040 Application for Live -Aboard Permit.
An application for a live -aboard permit shall be filed with the Harbormaster upon
forms provided by the City and shall contain the following information:
A. The name of the permittee and the name(s) of all individuals to be living
aboard the vessel;
B. All pertinent information relative to the vessel, including, but not necessarily
limited to, the name of the vessel, the registration number of the vessel assigned by
the Department of Motor Vehicles or the United States Coast Guard, the make and
model of the vessel, the length of the vessel;
C. The make, model, and holding tank capacity of the marine sanitation device
installed in the vessel;
D. The address and phone number, emergency contact information and email
address where the permittee or other adult living aboard can be contacted during
regular work hours or when not occupying the vessel;
E. Other information the Harbormaster reasonably believes is necessary or
helpful to the efficient administration of the provisions of this chapter.
(Applications will be accepted only from persons holding a valid mooring permit
issued pursuant to Chapter 17.60 of this Code or a valid rental agreement from a
commercial marina. All applications shall be accompanied by a fee established by
resolution of the City Council, but the fee shall not exceed the cost to the City of
administering this chapter. The submittal of an application for live -aboard shall be
deemed consent by the owner of the vessel
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM231]: This is misplaced. It is a
permission not a prohibition (as the section heading
promises). This should presumably be integrated into
17.40.030.
Commented [JMM232]: How is this intended to be
different from "A"?
Is "residentially owned" intended to be different from
"residentially zoned"?
More importantly, aren't almost all mooring fields bayward
of some residential properties? Is this intended to exclude all
of those, as it appears to say?
My recollection is this was added to address commercial
slips in front of residences, but it doesn't say so — and if that
was the intent it would seem better simply to improve "A" to
include this, if clarification is needed.
Commented [JMM233]: This whole section is badly in
need of rewriting to clarify what the intended permit
requirement is, both as to location and length of stay— and
what is allowed without a permit.
Commented [JMM234]: No hyphen here.
Commented [JMM235]: Delete?
The original policy seems to have been to allow living
aboard ANY vessel in the harbor, but permits were needed
for the offshore moorings (which might have include the
anchorage — although that does not fit within the current
definition of "offshore mooring" in 17.01.
Is the policy now that living aboard is NOT allowed
ANYWHERE without a permit?
Commented [JMM236]: Per 17.40.040.A one can be
named on someone else's permit without oneself having a
permit.
Commented [JMM237]: This is very confusing since fust
sentence says nothing about marina people needing a permit
to live aboard.
Commented [JMM2381: Delete comma
Commented [JMM239]: This contradicts 17.40.020.C,
which perhaps should be moved to this section and added as
an exception to the first sentence.
Commented [JMM240]: Combined with the fust
sentence, and the definition in 17.01, living aboard for any
period less than 243 days in a year is possible only in
intervals of 72 hours or less per month.
Commented [JMM241 ]:Delete? This was already stated
in 17.40.030. Is this intended to add anything to that?
Newport Beach Municipal Code
Chapter 17.40 LIVE-ABOARDS
Page 64/115
to any inspection necessary to confirm the accuracy of the information in the
application.
17.40.050 Issuance of Permit.
Upon receipt of an application for a live -aboard permit, the Harbormaster shall
investigate the information contained in the application along with other
information on record available to the City. The Harbormaster shall deny the
application if.
A. The vessel which will serve as the principal residence is not equipped with a
fully operational marine sanitation device and holding tank with a capacity of no
less than 10 gallonsand sufficient in capacity to ensure no discharge of human - Commented [JMM242]: "is" does not make grammatical
waste into the harbor; sense. "and" seems likely what was intended.
B. Approval of the application would result in live -aboard permits in excess of
the limitations provided by this chapter;
C. The applicant does not have a valid mooring permit or a valid rental
ajzreement from a commercial marina as required by Section 17.60.0401; Commented [JMM243]: Or ".030"?
D. Issuance of the permit, given the specific circumstances of the application,
would significantly impact persons residing, working or visiting Newport Harbor;
Commented [JMM244]: If "F" is retained, this should be
moved to between "E" and "F".
E. The vessel is incapable of safely maneuvering under its own power, whether
by sail or engine, from the mooring to the open waters of the Pacific Ocean and
back to the mooringl;l or 1 .- Commented [JMM2451: Added by Yolanda Summerhill.
F. lin the case of a renewal, the applicant was in violation of this title during_
the prior permit term.)
Commented [JMM246]: Delete?
17.40.060 Term/Renewal. This seems unnecessary as it is repeated in 17.40.060.B as an
l extra condition needed for renewal. J
A. Permits issued pursuant to this chapter shall be valid for a term of twelve
(12) months. Applications for the renewal of any permit shall be submitted at least
sixty (60) days before expiration of the permit, on forms supplied by the City, shall
include the fee established by resolution of the City Council and shall specify any
changes to the information provided on the original application for a permit.
B. The application for renewal shall be denied for any of the reasons specified
in Section 17.40.050; the permittee has failed to comply with any provision of this
title during the term of the previously issued permit; -or the permittee has failed to
use the vessel as permittee's principal residence during the previous term of the
permit.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.40 LIVE-ABOARDS
Page 65/115
C. The issuance of a live -aboard permit is nontransferable and does not create
any tenancy between the City and permittee or other persons living aboard, nor
does it create any property right to the mooring site.
17.40.070 Conditions/Regulations.
A. The Harbormaster may impose such conditions on the permit as are
reasonably necessary to -ensure that the activities of the permittee comply with
the provisions of this chapter. Such conditions shall include but are not limited
to:
1.111 vessels subject to a live -aboard permit shall have an operable marine_
sanitation device and holding tank pre -approved by the Harbormaster.) Commented [JMM247]: Delete?
2. The live -aboard permittee shall maintain a log, which shall be updated by This seems unnecessary einem it is, with greater specificity, a
condition for issuing the permit in 17.40.050.A.
the end of each calendar month and kept on the vessel subject to the live -aboard
permit, which shows the days/nights the live aboard resided on the boat.
3. By obtaining a live -aboard permit, the permittee specifically authorizes
the Harbormaster or his or her designee to board the subject vessel at any time to
inspect the marine sanitation device and holding tank and install a dye tablet to
determine whether there is any discharge from the same.
B. The Harbormaster shall have the power to promulgate rules andregulations
to ensure that the purposes of this chapter are satisfied. Each permittee shall
comply with these rules and regulations. Compliance shall be considered a
condition to each live -aboard permit.
17.40.080 Use of Pumpout Facilities and Disposal of Trash.
Permittees shall use pumpout facilities on a regular basis or otherwise discharge
human waste in a legal manner. The permittees and others living aboard pursuant
to permit shall not deposit any garbage or trash in Newport Harbor or on property
surrounding in Newport Harbor except in trash receptacles owned and maintained
by the City or its contractors. Disposal of oversized items; e -waste, oils, fuels,
chemicals, or other such liquids; not appropriate for disposal in trash receptacles
owned and maintained by the City or its contractors, shall be properly hauled off
and properly disposed of by the permittee. Use of City owned trash receptacles
must comply with any recycling initiative or other such waste material separation
program instituted by the City.
17.40.090 Compliance with Law.
The permittee, and others authorized to live -aboard the permitted vessel, shall
comply with all applicable State and Federal laws, the provisions of this
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.45 SANITATION
Page 66/115
Code, and all conditions set forth in the permit. Failure to comply with these laws,
ordinances, or policies shall constitute grounds for revocation of the permit.
17.40.100 Discharge Servicing and Records.
Each live -aboard permittee is required to contract with an authorized commercial
pumpout service at a minimum of twice a month in any month the vessel is
occupied by the live -aboard permittee. —Each permittee shall maintain a log and
any supporting materials from the commercial pumpout service provider including,
but not limited to, company issued service records and invoices. The log and
supporting material shall contain the date, time, and location waste was discharged
from the vessel and deposited with the commercial service provider. The log and
supporting material shall be made available for inspection by the Harbormaster at
all reasonable hours and upon request. In additional, the log and supporting
material shall be submitted to the Harbormaster with the renewal application.
Exceptions to the frequency and use of a commercial service provider may be
permitted by the Harbormaster with prior approval. _Failure to comply shall result
in non -renewal or revocation of the live -aboard permit and/or revocation of the
mooring permit.
17.40.110 Limitation on Number of Permits.
The number of live -aboard permits in effect at any given time in the offshore
moorin areas reas shall not exceed seven (7) percent of the number of offshore
mooring permits issued bythe City pursuant to Chapter 17.60. Additionally, live --
aboard permits in each commercial marina shall not exceed seven (7) percent of
the total number of commercial marina slips available, that are 30 feet or larger,-
for
argef live .,boa -,awl Commented [JMM248]: It is unclear what this final
phrase was intended to modify.
17.40.120 Transfer Prohibited.
No person shall transfer, assign, sell or convey a live -aboard permit. Any attempt
to transfer, sell, convey or assign a live -aboard permit shall be a violation of this
chapter and grounds for revocation of the permit.
17.40.130 Termination of Permit.
Any live -aboard permit issued pursuant to this chapter shall be deemed
terminated upon revocation of the mooring permit or lease issued pursuant to
Chapter 17.60 of this Code.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 67/115
Chapter 17.45 SANITATION
Chapter 17.45
SANITATION
Sections:
17.45.010 Piers, Docks and Floats.
17.45.020 Required Pumpout Facilities.
17.45.030 Waste and Refuse—Small Vessel Moorage.
17.45.010 Piers, Docks and Floats.
A. A permit for a pier, dock or float shall not be issued until the rough
plumbing for the dwelling unit or the required sanitation facilities serving such
pier, dock or float has been installed and approved by the Community
Development Department. The use of a pier, dock or float will not be allowed until
any required sanitation facilities are completed and in operation.
B. All public or private commercially operated shore -connected boat marinas
shall have a minimum of two (2) �estroom facilitiesl, one for women and one for
men, for each twenty (20) berthing spaces available in the marina. The walking
distance from the farthest boat berth to the restroom facility should be minimized
to the extent possible, and shall not exceed a maximum of one thousand (1,000)
feet in overall walking distance.
Commented [JMM249]: This term may need definition.
It is not in 17.01. Is a "facility" one toilet? Or something
else? Does this mean number of toilets or number of
buildings/rooms. Can they be portable toilets?
Moreover, this seems to be a development regulation,
possibly belonging in 17.35, where those for construction of
marinas are meager at best.
C. Sewage Pumping Facilities. Permission may be granted to install and operate
sewage pumping facilities for boats moored to shore -connected structures
�roviding lsuch installations are first approved by the Public Works Department Commented [JMM250]: Wouldn't this usually be
and the Community Development Department. "provided"?
17.45.020 Required Pumpout Facilities.
A.1 Pumnout Facilitv Reauired.
1. All sailing clubs, marinas with a capacity of fifty (50) or more vessels
and marine activity permittees engaged in providing vessels for lease or charter
shall install a vessel waste pumpout system solely for the use of vessels
associated with that activity. The pumpout facility shall be installed on dock
space under the control of the club or permittee with convenient access to all
vessels, owned, leased or chartered by the club or permittee. l he pumpout
facility shall have a capacity commensurate with the capacity of the holding
tanks of the vessel or vessels of the club or permittee.
2. All pumpout facilities required by this chapter shall be installed pursuant
to armpermit issued by the Public Works Department. Application for the peit
shall be made bn forms prepared, and furnished, by the Public Works -
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM251]: Why is this an "A"?
There does not seem to be a `B".
Shouldn't "1, 2, 3..." be "A, B, C..."?
Commented [JMM252]: Does this include rental of
kayak, SUP's or boats without holding tanks? I can see
why they may need to provide onshore toilets. Why are
toilets not reauired but a Dumuout is?
Commented [JMM253]: Is this intended to answer the
previous question by implying no pumpout is required if
there are no holding tanks? If so, why is that not indicated
more clearly at the start? And again, why are no toilets
Commented [JMM254]: To the Public Works Director?
Newport Beach Municipal Code Page 68/115
Chapter 17.45 SANITATION
Department. No fee shall be charged for the issuance of the pumpout facility
permit or any other permit �equired prior to installation.
3. The application for permit shall be accompanied by appropriate plans and
specifications setting forth in detail the work to be done.
4. The application, plans and specifications required by this chapter shallbe
reviewed by the Public Works Department to determine if the proposed work
meets all requirements of this chapter and other provisions of this Code. The
Public Works Department shall issue the permit if the proposed pumpout
station complies with all applicable ordinances, rules and regulations. A
separate permit will be required from the Building Official prior to installation
of the pumpout facility.
5. Maintenance. Permittee shall maintain the pumpout facility in good
condition and repair at all times.
17.45.030 Waste and Refuse.
A. Discharge of Treated or Untreated Human or Animal Excreta. No person
shall discharge, permit or allow any other person on a vessel under his or her
control or command to discharge any treated or untreated human or animal excreta
from any -marine sanitation device on a vessel into the waters of Newport Harbor
or the Pacific Ocean. In accordance with Harbor and Na_vigations Code Section
782 any vessel in the waters of Newport Harbor or on the waters of the Pacific
Ocean within the jurisdiction of the City, with a marine sanitation device, is
subject, at any time, to boarding by the Harbormaster to inspect the operation and
condition of the same and shall be subject to the use of a dye tablet to determine
whether or not the marine sanitation
system is discharging overboard. Violations are subject to all available remedies,
including immediate removal from Newport Harbor.
B. Vessel Holding Tank Requirements.
1. Vessel Wastes. No person shall own or operate a vessel equipped with
any marine sanitation device for human body wastes in the waters of
Newport Harbor or the Pacific Ocean unless it complies with all applicable
Federal; and State, (County and City Istandards.
2. Marina Pumpout Facilities. The owner and operator of every commercial
marina with a capacity of fifty (50) or more vessels shall provide a permanent
holding tank pumpout facility or equivalent services which are operable and
available for use at all times and which are capable of servicing all vessels
berthed, docked, or moored at the marina.1
C. Refuse in Navigable Waters. No person shall throw, discharge, deposit or
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM255]: This could be read to allow fee -
free permitting of the entire marina if the pumpout station is
not a standalone application. If it means only the permit
mentioned at the end of "4" it could say that.
This exemption from fees does not appear to be
consistent with the Cost Recovery table in Chapter 3.36,
which list 50% for "harbor construction."
That table, incidentally, does not list any specific Harbor
Department exceptions to the 100% recovery rule, and
continues to refer to "Harbor Resources," which, obscurely,
through 17.01.11.2 (but not NBMC 2.12.120) means "Harbor
Department'. That one reference in the Cost Recovery Table
applies to 17.60.080, which will no longer exist under the
current proposal.
Commented [JMM256]: Harbor and Navigation Code
Section 782 (cited in the previous paragraph) exempts
vessels on salt water from "any other state or local
government law, ordinance, or regulation with respect to the
design, manufacture, installation, or use within any vessel of
any marine sanitation device."
Commented [1MM257]: Delete?
Is this intended to add to 17.45.020.A.1?
Even if it does, it does not appear to be a holding tank
specification.
Newport Beach Municipal Code Page 69/115
Chapter 17.45 SANITATION
leave or cause, suffer or permit to be thrown, discharged, deposited or left, either
from the shore or from any pier or vessel or from any factory or elsewhere, any
refuse debris, garbage, litter, timber or other waste matter of any description, into
the navigable waters of Newport Harbor or on the shore of Newport Harbor or any
navigable water within the boundaries of the City where the same may be washed
into Newport Harbor or such navigable water, either by tides, or by floods or
otherwise.
D. Refuse and Vessels on Shoreline. No person shall place or allow vesselsl, Commented [JMM258]: This seems inconsistent with
boats, materials,
garbage, reuse, debris, litter, timber oother waste matter oan 17.253030 which avows vessels to be on the shoreline for at
frr f
g g y least 3 hours, and sometimes longer.
description to remain on or upon the shorelines of the Pacific Ocean or on the
shorelines of Newport Harbor within the City. The City may remove the same
with or without notice, and the cost thereof may be recovered from any person
owning the same, or placing or causing it to be placed on the shoreline, in a civil
action.
E. Refuse—Marinas and Piers. (Any owner or operator of a marina or any owner
or permit holder who maintains a pier shall keep the area in and around such
marina or pier located on the shorelines of Newport Harbor within the City
reasonably free and clear from beached or floating refuse, debris or litter at all
times. Commented [JMM259]: This is a requirement for ALL
harbor development permit holders per 17.35.010.I.
F. Discharge of Flammable Materials. No person shall pump or discharge from
any vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable
liquid, or deposit any rubbish, refuse matter or articles of any similarly offensive
character therein or upon any pier or street leading to such facility.
G. Dead Animals. No person shall throw, place or leave any dead animal or
putrefying matter in the waters of Newport Harbor, or on or along the shore thereof
or the shore of any tidewater within the City.
H. Signs Concerning Sanitation Regulations. The owner or operator of any
commercial boat docking facility or marina located on the waters of Newport Bay
shall install and maintain at his or her expense in conspicuous locations on the
premises thereof standard signs to inform the public of the regulations prohibiting
the discharge of toilets or marine sanitation devices on any vessel into the waters
of Newport Bay and other provisions of this title which relate to harbor sanitation.
(Uniform standards and specifications for the design and general locations of such
signs shall be prescribed by the Harbor Commission.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM260]: Has the Harbor Commission
done this?
Newport Beach Municipal Code
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
Chapter 17.50
#ARBOR DEVELOPMENT PERMITS
Page 74/115
Sections:
17.50.010
Permits – General.
17.50.020
Applications.
17.50.030
Processing of Application.
17.50.040
Rendering of Decision.
17.50.050
Permits - Conditions.
17.50.060
Bond Requirements.
17.50.070
Transfer_
17.50.080
Expiration, Extension, Violation and Revocation.
17.50.090
Structure Without Permit Declared a Nuisance—Abatement.
17 50 100
Securin of Structures
. g
17.50.110 Appeal(s) or Call(s) for Review.
17.50.010 Permits – General.
A. New Construction. Except as provided in subsection (C), �o person Ishall
build, cause to be built or perform any IIIew construction �n, upon or over the //
waters of Newport Harbor or the Pacific Ocean or any other water where the tide
ebbs and flows within the City, or do any filling or excavating in such waters or
the Pacific Ocean, without first obtaining a harbor development permit (and
approval in concept I om the CityH. ,
B. Maintenance. Except as provided in subsection (C), no person shall build, 1 ,
cause to be built or perform any maintenance construction in, upon or over the
waters of Newport Harbor or the Pacific Ocean or any other water where the tide l`
ebbs and flows within the City, or do any filling or excavating in such waters or the
Pacific Ocean, (without first obtaining a harbor development permit from the City.
Notwithstanding the foregoing, painting, replacement of rub -rails, minor
replacement work, and work considered cosmetic in nature shall not require a
permit
C. The County of Orange may do construction work or fill or dredge within
Newport Harbor, or cause the same to be done, without a harbor development
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM261]: NBMC 21.30C.060 in the LCP-
IP is identically titled and contains CCC -certified language
duplicative of some of this, but with changes. It is confusing
to have duplicate or even worse, differing, regulations for the
same thing in two places.
Commented [JMM262]: Is the City itself exempt or
included in these requirements? "C" implies "person"
includes government agencies.
Commented [JMM263]: Like many things in the Harbor
Code, the interpretation of this section relies on the reader
realizing "new construction" (like "maintenance
construction") is a defined term, in this case in 17.0l.K.1 —
but there are no clues to alert the reader to this.
Based on the definitions, this chapter does not appear to
apply to constructing or maintaining onshore or offshore
moorings.
It seems likely it applies to Multiple Vessel Mooring
Systems (17.01.J.12 and 17.60.40.B. Lc) and similar things
not connected to land but at a fixed position. Has it been
applied to them?
Commented [JMM264]: Delete extraneous close quote.
Commented [JMM265]: Delete?
This does not seem to be accurate and may cause confusion.
I do not believe the City requires an AIC. As I understand it,
they are issued as a service when required by other agencies
for issuing their permits.
And it seems possible some harbor development permits
require no other agency approval, and hence do not need an
AIC.
Commented [JMM266]: Delete extra period.
Commented [JMM267]: Is this separate from the permit
for the original construction?
If I understand, a residential pier, as an example, has an
original harbor development permit for its construction,
which, unlike a landside building permit, has to be
transferred to future owners and kept current by paying rent
on it if they wish to use the pier, but which carries no rights
for reconstruction to the original design.
Newport Beach Municipal Code
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
Page 75/115
permit so long as such work is done pursuant to a site plan on lands owned by the
County or pursuant to a request therefore by the City Council.
D. Variances. A variance provides a process for Harbor Commission
consideration of requests to waive or modify certain standards of this title and the
design criteria when, because of special circumstances applicable to the property,
including location, shape, size, surrounding topography or other physical features,
the strict application of the Code and design criteria otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in
the vicinity.
E. A separate permit will be required by the Public Works Director for
dredging (See, Chapter 17.55, Dredging Permits)(.
17.50.020 Applications -.
Commented [JMM268]: That chapter may have been
superseded by the LCP-IP.
A. Application. Application for a harbor development permit, variance or
approval in concept, shall be filed with the (Community Development Pepartment
,.-
Commented [JMM269]: Shouldn't this be Public
in writingon forms prescribed b the Community Development Department.
p Y Y p p
works if they are the department most likely to review the
application?
B. Required Materials. Applications shall be accompanied by all plans, maps,
and other materials required by the prescribed forms, unless specifically waived by
the department. The department may request additional materials deemed
necessary to support the application. Plans accompanying the application must
comply with the Newport Beach Administrative Code adopted by the Cit. If the
;—'
Commented [JMM270]: This seems to be a reference to
applicant is submitting a request for "Alternate Material, Design and Methods of
Chapter 15.02. It would be helpful to say so.
Construction" that deviate from the standard design criteria, the application shall
include all relevant information or material requested by the department. -
C. Required Signatures. The application may be made by the owner, lessee, or
agent of the owner of the property affected(. The application shall be signed by the
, --
Commented [JMM271]: Lateran the chapter this
owner of record or may be signed by the lessee or by an authorized agent if written
becomes "abutting upland property." Are there no
circumstances in which there may be no abutting upland
authorization from the owner of record is filed concurrently with the application.
property associated with a harbor development? Or an
The application must be signed by the -applicant or his or her authorized agent.
upland property owner is not the most appropriate person to
be responsible for the permit?
D. Fees. Applications shall be accompanied by a fee as established by
resolution of the City Council.
17.50.030 Processing of Application.
A. The application and plans and specifications shall be reviewed by the
(Community Development Department, Public Works Department, and other City
departments, as necessary, to determine whether the proposed development meets
all the requirements of this Code, design criteria, and any standards and policies
adopted by the City Council or required by State or Federal regulatory agencies for
such development, construction or work.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM272]: Couldn't this be combined into
the first sentence: "The application must be made and
signed by..."
Commented [JMM273]: See comment on
17.50.040.A.1.a.
Which of these is the lead? And which decides what other
departments are necessary?
17.50.020 implies CDD is the lead since they accept the
application, and one might guess they choose a department
to review and issue the permit (possibly with concurrence by
others), but none of this is clearly stated.
Newport Beach Municipal Code Page 76/115
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
B. Approval by Other Agencies.
If approval by other agencies is required prior to the City taking action on an
application for an approval in concept or harbor development permit, the applicant
shall obtain and submit proof the applicant has obtained the approvals prior to the
City issuing the approval in concept or harbor development permit. The following
is a non -exhaustive list of other agency approvals that may be required. , -- Commented [JMM274]: Delete duplicate "a".
1. Coastal Commission. All 4evelopment lin areas where the Coastal
Commission retains ri inal coastal development permit authority l may
require the City to issue an approval in concept prior to the applicant may
for a coastal development permit.The City will require proof of prior approval
of a coastal development permit by the Coastal Commission, when applicable,
before the issuance of a harbor development permit.
2. U.S. Army Corps of Engineers and Santa Ana Regional Water Quality
Control Board. Maintenance construction and new construction may require
approval by the U.S. Army Corps of Engineers and Santa Ana Regional Water
Quality Control Board prior to the issuance of an approval in concept or harbor
development permit. When required, proof of prior approval of the U.S. Corps
of Engineers or the Santa Ana Regional Water Quality Control Board shall be
required before the issuance of an approval in concept or harbor development
permit.
Commented [JMM275]: "Development" has a special
meaning in the Coastal Act which is not explained or defined
in Title 17.
Commented [JMM276]: See NBMC 21.52.035.B. The
terminology to describe this area in which CDP applications
go directly to the CCC is confusing.
It is sometimes referred to as the "retained jurisdiction area"
to distinguish it from the larger "appeal area" in which the
CCC has review authority over locally -granted CDP's and
the still larger area the CCC had authority over prior to
certification of the LCP (namely, the entire Coastal Zone).
"direct" might be better than "original".
3. County of Orange. Maintenance construction and new construction may
require approval of the County of Orange, when work extends over County
tidelands rior to the issuance of an approval in concept or harbor development
--
commented [JMM277]: Apostrophe removed by
permit. When required, proof of prior approval of the County of Orange shall
Yolanda Summerhill.
be required before the issuance of an approval in concept or harbor
development permit.
4. (Approval in Concept. All development in areas where the Coastal
Commission retains coastal development permit authority shall require
conceptual approval from the Public Works Director prior to application to the
Coastal Commission that indicates the proposed development conforms in
concept to all applicable provisions of this title only and does not provide
approval for any applicable land use and property development regulationl.
—'
Commented [JMM278]: Since this refers only to the
CCC, it seems like it should be combined into "1" which it
C. Insurance. Prior to the issuance of a harbor development permit, the
partially repeats.
applicant shall show proof of insurance coverage as required by the
It would also appear that if the revisions are adopted as
Longshoremen's and Harbor Worker's Compensation c.
bWkCtiAt
g p
proposed, the AIC would be granted by the Community
Development Director, not the Public Works one (see
17.50.040.A.1.a).
17.50.040 Rendering of Decision.
A. Approval.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 77/115
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
1. Approval by City Staff.
reviewing department identified in ISection 17.50.020(A)I, after review and
approval by other City departments, as necessary shall approve and issue a harbor
development permit and/or approval in concept if the application conforms to the
provisions of this Code, design criteria and all applicable standards and Council
policies, after r -e iew and approval by other- Gity ao,..,Aments .
b. Before issuing an approval in concept for: (i) any development
on oceanfront beaches; (ii) development of a non-standard structure; or (iii)
development of a structure for a use that is not in keeping with the surrounding
area, the (Public Works Director{ shall notify all real property owners within three
hundred (300) feet of the proposed development, as shown on the last equalized
assessment rolls, of the pending application. Notice will be sent at least ten (10)
calendar days prior to a decision by the Public Works Director.
c. rThe application shall be approved or denied within ten (10)
unless both the applicant and the department consent to a later date. The
director of the reviewing department shall provide notice of the decision to the
applicant and publish notice of the decision for fourteen (14) days on the City's
website. If no appeal or call for review of the decision is filed within the fourteen
(14) days, the decision is final.
d. An approval in concept only indicates the proposed
development conforms in concept to all applicable provisions of this title and does
not provide approval for any applicable land use and property development
regulation not covered by this titlel.
2. Approval by Harbor Commission. The application for a harbor /
development permit, lvariance, (and/or approval in concept shall be �eferred o the
Harbor Commission for a public hearing, as set forth in Isection 17.05.0140r, to
determine if a harbor development permit, variancel or approval in concept shall be
issued, denied, or conditionally approved -if-
a. The applicant is requesting a permit pursuant to Section 117.35.020(F)
or 117.35.060;
b. The application is likely to create navigational congestion, or
otherwise interfere with the rights of other harbor permittees within Newport
Harbor, orproperty owners or long-term lessees located within a three
hundred (300) foot radius of the area subject to the proposed permit;
c JThe application does not conform to the provisions of this Code, the Local
Coastal Program, the design criteria or other applicable standards and policies
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM279]: That section does not identify
any single "reviewing department."
Is it the intent that the CDD Director will designate one? If
so, it needs to say that.
Commented [JMM280]: Again, is CDD or PW the lead
department? Why would PW do this if CDD is processing
the application?
Shouldn't this be "the reviewing department" once that has
been more clearly defined.
Commented [JMM281 ]: Is this realistic? Especially for a
large or unusual project?
Commented [JMM282]: I very much appreciate the
transparency of this provision, but I believe it can be deleted
since `B", below, imposes the same requirement on all
decisions, staffer Harbor Commission.
Commented [JMM283]: Is this sufficient for the CCC?
Don't they require certification that the project, if approved
by them, will comply with ALL local regulations?
Commented [JMM284]: I believe it would be cleaner if
"variance" was deleted here, and "c" changed to "The
application requires a variance."
Commented [JMM285]: Usually the following list would
end with a catchall provision allowing referral to the Harbor
Commission of any application the reviewing department
feels should be referred.
See, for example, 20.50.030, where for all staff decisions
related to the Zoning Code "The Director or Zoning
Administrator may defer action and refer the request to the
Commission for consideration and final action"
Commented [JMM286]: Correct incorrect citation.
Commented [JMM287]: `variance" added by Yolanda
Summerhill.
Commented [JMM288]:
17.35.020(F) has only to do with of existing encroaching
commercial docks, and primarily the changes in their use or
ownership.
Is the intent to require Harbor Commission hearings for new
encroaching docks? If so, that needs to be clarified. Or is it
supposed to be covered by "b"?
Newport Beach Municipal Code Page 78/115
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
approved by the City Council because of special circumstances applicable to
the property, including location, shape, size, surrounding topography or other
physical features that, if applied, denies the property owner privileges enjoyed
by other property owners in the vicinity; or
d. The development is designed or sited so as to obstruct public access
to coastal resources or, in the case of new construction, as that term is
defined, that includes replacement of an existing structure that would, in
comparison to the existing structure, restrict or impair the public's use of the
bay or beach in the vicinity of the existing structure.
B. Notice of Decision. Notice of the decision shall be provided to the
applicant and posted on the City website within one day of the date of the decision.
No permit shall be issued until the period for appeal poor call for
review, in accordance with Chapter 17.65, expires.)
17.50.050 Permits - Conditions.
Commented [JMM289]: See note above. This seems to
be unnecessarily restating the findings the harbor
commission would have to make to approve a variance, not
the reasons for referral (which is the need for a variance)
Commented [JMM290]: This should be further revised to
align with and replace the last two sentences of A. Lc, above.
A. In granting any application for a harbor development permit or Commented [JMM291]: what "such" refers to is not
approval in concept the permit or approval in concept shall be issued to the defined since there is no previous reference to an application
- in this section.
owner or long-term lessee of the abutting upland property and include conditions
in the permit which are deemed necessary to protect commerce, navigation or
fishing, or the use, operation or development of Newport Harbor.
B. When appropriate where projects involve construction or development on or
near the waterway, eelgrass (Zostera marina) and Caulerpa taxifolia protocol
surveys shall be required as a condition of City approval of projects in the Newport
Bay. The Southern California Caulerpa Action Team (SCCAT) shall be
immediately notified if Caulerpa taxifolia is found.
C. Acceptance of Provisions. It is understood and agreed by the permittee that
the doing of any work under the permit shall constitute an acceptance of all the
applicable provisions of this Code.
D. Inspection shall be done by the City for conformity with the California
Building Code, design criteria, the approved plans and conditions ofapproval.
17.50.060 Bond Requirements.
If the nature of the proposed -development is such that if left incomplete it will
create a hazard to human life or endanger adjoining property, a cash bond or surety
bond satisfactory to the City Attorney in the sum of one hundred fifty (150)
percent of the estimated cost of the work will be required to guarantee the faithful
performance of the proposed development.
17.50.070 Transfer of Permit.
Permits shall only be issued to and held by the owner or long-term lessee of the
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.50 HARBOR DEVELOPME]
abutting upland property. The
PERMITS
shall not transfer a permit without
Page 79/115
written approval of the Community Development Director and payment of fees as
established by resolution of the City Council. No person who as an abutting upland
owner or lessee of real property was granted a permit under the provisions of this
chapter for a pier or similar structure shall retain any right of use in such pier, or
similar structure, after having divested himself or herself of the ownership or
leasehold interest in such real property. Upon such divesting, the ownership
interest in such pier, float or similar structure shall remain with the person to whom
the permit was granted, but the right of use thereof shall vest in the City until such
time as a permit for such pier, float or structure is granted to another person.
Except where rights of ownership or use have heretofore been judicially decreed,
no person may heretofore or hereafter gain any rights of ownership or use of any
such pier, float or similar structure by any purported transfer made without such
prior written approval of the City. The Community Development Director is
authorized to approve transfers of permits.
17.50.080 Expiration, Extension, Violation and Revocation.
A. Expiration. All permits issued pursuant to this chapter shall expire unless
the development contemplated shall have been completed within one hundred
eighty (180) days from the date of approval per the Newport Beach
(Administrative Codel. -
B. Violation of Terms. Any permit granted in accordance with the terms ofthis
chapter may be revoked if any of the conditions or terms of such permit are
violated, or if any law or ordinance is violated in connection therewith.
C. Revocation. Procedures for revocation shall be as prescribed by Chapter
17.70, Enforcement.
17.50.090 Structure Without Permit Declared a Nuisance—Abatement.
Except for structures owned by the City or another public agency, every structure
maintained in or over the waters of Newport Harbor without a current valid permit
existing therefore when required by this chapter, or maintained in a manner or for a
purpose other than or different from that provided in the permit, shall constitute a
nuisance and shall be immediately abated and may be removed. If upon written
notice to remove any such structure the owner thereof fails, refuses or neglects to
do so within a reasonable time specified in the notice, being not less than five (5)
nor more than thirty (30) days after such notice, the City shall abate or remove it
and the cost thereof may be recovered from the owner of such structure in a civil
action.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM292]: See earlier comment. This seems
to visualize all harbor development as both connected to the
shore and constructed by the owner of that property. Is
nothing else possible?
Commented [JMM293]: This is apparently a reference to
Chapter 15.02. It would be helpful to say so.
I'm not sure it requires completion of construction in 180
days. It more likely requires construction to begin within that
time.
Newport Beach Municipal Code Page 80/115
Chapter 17.50 HARBOR DEVELOPMENT PERMITS
17.50.100 Securing of Structures.
If, based upon an inspection by the City or the 14ar-b,,..,. rite . or other facts, the
Harbormaster determines that a sea lion has boarded a permitted structure and/or
any vessel or other appurtenances attached to the structure, the Harbormaster shall
issue a notice of violation and the permittee shall take any and all necessary action
to employ and maintain appropriate measures to deter sea lions from boarding the
structure and/or any vessel or other appurtenances attached to the structure within
seven (7) calendar days of the notice of violation. If the Harbormaster determines
that appropriate deterrent measures have not been taken within seven (7) calendar
days of the notice of violation, the Harbormaster may take enforcement action in
accordance with this Code and the permittee shall take any and all necessary action
to employ and maintain appropriate sea lion deterrent measures. Appropriate
deterrent measures shall be defined as the latest methodology permitted by
National Marine Fisheries Service to minimize sea lion boarding of a permitted
structure and/or any vessel or other appurtenances attached to the structure.
17.50.110 Appeal(s) or Call(s) for Review.
A. Alternative Materials. The Building Official's decision on use of alternative
materials in accordance with the "Alternative Material, Design and Methods of
Construction" shall be made in accordance with Chapter 15.80.
Commented [JMM294]: This probably dates from when
the Harbormaster was not part of "the City." It should be
revised to choose one of the other.
B. Except as provided in subsection (A), all other appeals or calls for review
�o this chapter shall be made in accordance with Chapter 17.65. Commented [JMM295]: "from" or "related to"?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Chapter 17.55
DREDGING PERMITS
Sections:
17.55.010
Permit Required.
17.55.020
Application for Dredging Permits.
17.55.030
Limits on Development.
17.55.040
Limits on Uses.
17.55.050
Approval of Dredging Permit.
Page 82/115
17.55.010 Permit Required.
A. Dredging bayward of residential and commercial property shall be the
responsibility of the harbor permittee (for the area delineated by the bayward
prolongations of upland side property lines and the U.S. project line. All such
dredging will require a dredging permit from the Public Works Department and
other agencies with jurisdictional authority and may be subject to engineering
approval by the Public Works Department.
B. Dredging outside the established harbor lines will require prior
the Public Works Department and the U.S. Army Corps of Engineers.
17.55.020 Application for Dredging Permits.
A. Required Forms. Applications for dredging permits shall be filed in the
office of the Public Works Department in writing on forms prescribed by the
Public Works Director.
B. Required Materials. Applications shall be accompanied by all plans, maps,
and other materials required by the prescribed forms, unless specifically waivedby
the Public Works Director. (Applications shall include the followingl:
Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys;
Grain size analysis;
Identification of the dredge disposal site and dredge quantities; and
4. Any other materials the Public Works Director deems necessary to
support the application.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM296]: NBMC 21.30C.070 in the LCP-
IP is identically titled, and appears to duplicate the entirety
of this chapter (with the exception of 17.55.050), but with
CCC -certified changes. Additional dredging regulations
(some of which seem duplicative) are in 21.30B.040.F
(erroneously referred to as "21.30B.040.E.2" in
Commented [JMM297]: I'm not sure I understand this.
Who is responsible for the area from the land to the
project line in the absence of any harbor permits
connected with the upland property?
Does the bay simply silt up in this areas and nobody does
anything about it?
And who is responsible for what in areas where there are
no project lines?
17.35.070.A.2 limits permit holder responsibility in
Promontory Bay to the pierhead line, but does not explain
who, if anyone, dredges beyond that. And no explanation is
provided anywhere I can find for responsibility in the many
other areas with no project line (north of Back Bay Bridge,
west of Newport Blvd Bridge, cannery end of Rhine Channel
and others).
Commented [JMM298]: Which "harbor lines" is this
referring to? Which side of them is "outside"? And is this
intended to mean private dredging "inside" the lines requires
no permit?
Commented IJMM2991: 21.30C.070.B.1, in addition to
the items listed here, requires that all applications include
"Authorization to proceed from the Coastal Commission and
the U.S. Army Corps of Engineers"
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 83/115
C. Required Signatures. Application for discretionary approvals may be made
by the owner, lessee, or agent of the owner of the property affected. The
application shall be signed by the owner of record or may be signed by the lessee
or by an authorized agent if written authorization from the owner of record is filed
concurrently with the application.
D. Fees. Applications shall be accompanied by a fee as established by
resolution of the City Council.
17.55.030 Limits on Development.
Development involving the diking, filling, or dredging of open coastal waters,
wetlands, or estuaries shall only be permitted under the following circumstances:
A. Only if there is no feasible, less environmentally damaging alternative.
B. If there is no feasible, less environmentally damaging alternative, mitigation
measures shall be provided to minimize adverse environmental effects.
C. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse
effects on the environment. The permittee shall be encouraged to work with the
City in making sure materials are available for harbor beach replenishment.
D. Diking, filling or dredging projects shall sustain the functional capacity of
the wetland, or estuary. To establish that the functional capacity is being
maintained, the applicant must demonstrate all of the following:
1. I project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long-term
stability of the ecosystem; i.e., natural species diversity, abundance, and
composition are essentially unchanged as a result of the project;
2. The project does not harm or destroy a species or habitat that is rare or
endangered;
3. The project does not harm a species or habitat that is essential to the
natural biological functioning of the wetland or estuary; and
4. The project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or nonconsumptive (e.g., water quality and research
opportunity) values of the wetland or estuarine ecosystem.
E. Dredging and dredged material disposal shall avoid significant disruptionto
marine and wildlife habitats and water circulation.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 84/115
17.55.040 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters,
wetlands, and estuaries shall be limited to uses consistent with Section 30233 of
the California Public Resources Code (Coastal Act) and the certified Local Coastal
Program.
17.55.050 Approval of Dredging Permit Commented [JMM300]: Period added by Yolanda
Summerhill.
The Public Works Director shall issue the Harbor Dredging Permit if the
application complies with the limitations set forth in this Chapter and be or she Commented [JMM301]:Itwouldnotbethe"application"
makes the findings set forth in Section -17.05.140 (13)(1). 1 that makes the required findings.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Chapter 17.60
HARBOR PERMITS AND LEASES
Page 85/115
Sections:
17.60.010
Public Trust Lands—General.
17.60.015
Application for Harbormaster Permits.
17.60.020
Application for Pier/Mooring Permits or the Lease of Public
Trust Lands.
17.60.030
Pier Permits for Noncommercial Piers.
17.60.040
Mooring Permits.
17.60.050
Houseboats.
17.60.060
Leases/Permits of Public Trust Lands.
117.60.010 Public Trust Lands- General.
A. Applicability. Public trust lands include tidelands, submerged lands, the beds of
navigable lakes and rivers, and historic tidelands and submerged lands that are
presently filled or reclaimed and which were subject to the public trust at any time._
The City manages these lands through a series of permits, franchises and leases.
This chapter applies to permits or leases for public trust lands used for commercial
purposes by a person, other than the City, pier permits for non-commercial piers,
and mooring permits.
B. Limits on Uses. Except as provided in subsection (C), public trust lands are
subject to the Common Law Public trust, which limits uses to navigation, fishing,
commerce, public access, water -oriented recreation, open space and environmental
protection.
Commented [JMM302]: This language appears to have
been intended to be part of the LCP-IP. It is repeated, with
CCC -certified variations, in 21.48.085, as part of the
"Standards for Specific Land Uses."
C. �xceptlonsl. State legislation has modified public trust restrictions for the Commented [JMM303]: These are also duplicated in
historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island. 1 17.09.080, but with differences as to the terms.
1. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and
Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots ofBeacon
Bay located within State tideland to be leased for residential purposes for rolling
fifty (50) year lease terms.
2. Balboa Bay Resort. The Beacon Bay Bill (Chapter 74 of the Statutes of
1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of
the Balboa Bay Resort to be leased for residential purposes until December 31,
2044.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 86/115
3. Harbor Island. Chapter 715, statutes of 1984 allow the filled or reclaimed
land on Harbor Island to be leased for nonpermanent recreational and landscaping
purposes) for a term no greater than forty-nine (49) years Commented [JMM304]: Not mentioned in
17.05.080.6.3.
17.60.015 Application for Harbormaster Permits.
A. Required Forms. �xcept for marine activities permits, live aboard permits,
and approvals in concept/harbor development permits issued pursuant to Chapters
17.10, 17.40, and 17.501, applications for permits which pertain to Newport
Harbor under the provisions of this title which are to be issued by the
Harbormaster shall be filed with the Harbormaster, in writing, on forms prescribed
by the Harbormaster.
B. Required Materials. Applications shall be accompanied by all materials
required by the prescribed forms, unless specifically waived by the Harbormaster
The Harbormaster may request additional materials deemed necessary to support
the application.
Harbormaster shall be submitted and signed by the owner; or lessees of
the owner of the property affected or by an authorized agent if written
authorization from the owner of record is filed concurrently with the application.
Commented [JMM305]: Why would permits to be issued
by the Harbormaster under those chapters not be filed with
the Harbormaster?
And contrary to what this directs, 17.40.040 says live -aboard
permit applications are to be filed with the Harbormaster.
It looks like 17.10.030 will say so, too.
So it's unclear what this exception was inserted for.
Commented [JMM306]: This is unnecessary and
conflicts with the statement at the end of the sentence that
the agent has to be authorized in writing.
D. Fees. Applications (shall be accompanied by a fee as established by - Commented [JMM307]: Why is this different from
resolution of the City Council. I 17.60.020.D, which says "Applications and renewals"?
17.60.020 Application for Pier/Mooring Permits or the Lease of Public Trust
Lands.
A. Required Forms. Applications for permits or leases which pertain to
Newport Harbor under the provisions of this -chapter shall be filed in the
Public Works Department, in writing, on forms prescribed by the Public Works
Director.
B. Required Materials. Applications shall be accompanied by all plans, maps,
and other materials required by the prescribed forms, unless specifically waived by
the Public Works Director. The Public Works Director may request additional
materials deemed necessary to support the application.
Commented [JMM308]: This would make more sense in
the "Harbor Development" chapter (although that chapter
says to file with Community Development). The permits in
Chapter 17.60 are pier space rental permits and mooring
space rental permits. Despite what this says, the latter are
issued by the Harbormaster per 17.60.040.A.
C. Required Signatures. Application for discretionary approvals nay be made Commented [JMM3091: It is unclear why this language
by the owner, lessee, or agent of the owner of the property affected. The differs from 015. And this leaves undefined what
signatures aree required on applications for non -discretionary
application shall be signed by the owner of record or may be signed by the lessee approvals.
or by an authorized agent if written authorization from the owner of record is filed
concurrently with the application.
D. Fees. Applications and renewals shall be accompanied by a fee as
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 87/115
Chapter 17.60 HARBOR PERMITS AND LEASES
established by resolution of the City Council.
E. Tidelands Users. Users of (public tidelands, including commercial and
-
Commented IJMM310]: This term is not defined. Are
noncommercial users, shall be subject to rental or lease charges reflective ofthe
there any "private tidelands"?
fair market value related to such use as established by the City Council with the
assistance of an appraisal.
17.60.030 Pier Permits for Noncommercial Piers.
— '
Commented [JMM31I]: Where is the comparable section
A. Noncommercial Pier Permits. Upon the request of the abutting upland
for commercial piers and marinas?
residential property owner, or lessee or the authorized agent of the owner or lessee -
and in accordance with all applicable laws including, but not limited to, Subsection
17.35.020(A) and 17.35.020(B) of this Code, a residential pier permit shall be
issued for up to ten (10) years. The City shall extend the term of any residential
pier permit for up to ten (10) years upon: (1) permit expiration and the request of
the owner or, lessee or the authorized a ent of the owner or lessee; or (2) upon sale
of the abutting upland property and the equest bf the new owner, or lessee or
--
Commented [JMM312]: Shouldn't this say "request,
authorized agent of the owner or lessee. The maximum term of any permit issued
subject to the provisions of 1z60.030.C,°°?
hereunder, with extensions, shall be fifty (50) years. After fifty (50) years, the
abutting upland residential property owner, or lessee or authorized agent of the
shall be required to apply for a new residential pier permit.
B. Rental Fees
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 noncommercial piers are issued subject to the condition that
any improvements constructed shall not be sold in whole or part, leased, or
transferred, without the prior 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 Public Works Department. Failure to apply for a
transfer within thirty (30) days from the date that the abutting uplandresidential
property changed ownership will result in an additional fee as established by
resolution of the City Council.
3. Along with the City Manager, the Public Works Director 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
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 88/115
Chapter 17.60 HARBOR PERMITS AND LEASES
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 in whole or in part, by the
permittee to a third party or parties. Such rental/lease shall not be deemed a
transfer under this section. ;
6. The provisions of this section shall not apply �o piers, docks or other
structures located in th�Promontory Bay and thin otherwaters over privately
owned land.
17.60.040 Mooring Permits.
A. Permit Required. No person shall place, erect, construct, maintain, use or tie
to a mooring in the waters of Newport Harbor over (City -owned or controlled
tidelands (i.e. an offshore mooring) or in the Inearshore perimeter bf Newport ` ..
Harbor perpendicular to the shoreline (i.e. an onshore mooring) without fir \
st
having obtained a mooring permit from the Harbormaster or having otherwise `
complied with this section. A mooring permit is in the nature of license for the
temporary use of a specific location within the Newport Harbor.
B. Issuance of Permit—Conditions. The Harbormaster, in furtherance of the
tideland grants to the City, may issue a mooring permit or mooring sub -permit to
allow the mooring permittee or mooring sub -permittee to temporarily use a portion j
of the waters of Newport Harbor for the mooring of a vessel if the Harbormaster
makes the findings set forth in 17.05.140(D)(1). A mooring permittee ma hold
up to two (2) mooring permits at any time. A mooring permittee that held
eont rues to he pore than two (2) mooring permits prior to May 11, 2017 nay
continue to hold the mooring permits until the permits are sold, revoked, or
otherwise transferred under this chapter.
1. �xceptions.
r
a. The (Balboa Yacht Club and the Newport Harbor Yacht Club
(collectively, "lyacht clubsp') currently hold permits for single point ,
moorings la
mooring boundaries established by the
,e�as noted in ubsection(B)(3)(fg) of this ectio n.In addition, I
the Lido Isle Community Association ("LICA") has permits for onshore
moorings on Lido Isle. These organizations shall hold their respective
permits under the yacht club, or respective organization name, for the
moorings identified by the City as under their respective control las of
May -
1, 2017JanuM 13, 2011]. The yacht clubs and LICA shall be solely -
responsible for managing moorings under their control and shall be r`
permitted to assign moorings under their control to �acht club members nd _
members of LICA, respectively. The yacht clubs and LICA shall keep
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM313]: Doesn't this make it a
commercial use subject to additional fees/regulations?
Where is that specified?
Commented [JMM314]: The "permit" terminology is
confusing.
The pier development permit seems to be used as the basis
for assessing the rental charge.
But even if no rent is charged, doesn't the owner have to
have and maintain a valid permit for the pier they use? And
wouldn't that have to be transferred even in Promontory
Bay?
Commented [JM M315]: Probably would be smoother to
go from general to specific, as in: "located in waters over
privately owned land, including Promontory Bay."
Commented [JMM316]: Doesn't the public still have a
constitutional right to use the waters, which the permitted
structure is infringing on?
Commented [JMM317]: Is this an attempt to distinguish
from "County controlled"?
Commented [JMM3181: Is this intended to include
tidelands even if within a private property line?
Commented [JMM319]: The expression "continues"
makes no sense in referring to status at a past date.
Commented [JMM320]: This was the effective date of
Ordinance No. 2017-7, adopted on 4/11/2017 (See 2017-03-
26 City Council Item 03 - Harbor Mooring Regulation
Modifications -- page 3-8).
Commented [JMM321]: These are exceptions to the
general rule than a vessel owner needs a mooring permit to
use a mooring.
Commented [JMM322]: The naming of private entities to
whom public laws apply differently looks like "special
legislation" — which is generally frowned upon under the
California Constitution.
Commented [JMM323]: Ordinance No. 2006-15 first
allowed "yacht clubs" (in general, without naming any) to
assign single point moorings to their members (see
6/13/2006, Council Item 3). Much of the current language
was added in the 2008 reorganization of Title 17.
Commented [JMM324]: 17.60.040.B.3.g (not "f')
attempts to describe the boundaries of the yacht club
mooring areas. Introducing this qualification with "except"
makes no sense to me.
Commented [JMM325]: Although this language was re-
enacted by Ordinance Nos. 2017-7 and 2018-17, it originated
with Ordinance No. 2010-26, adopted on 12/14/2010 and
effective 1/13/2011. See 11/23/2010 City Coucil Item 19 -
Mooring Charges _ Mooring Transfers -- page 59 (61 of 93
of PDF)
Commented IJMM3261: There is dispute as to what this
means. Does it extend beyond the right to assign moorings to
members? This needs to be clarified.
Commented IJMM3271: My understanding is these clubs
allowing visiting members from of other yacht clubs to moor
under reciprocal agreements, even though they may not E.
Newport Beach Municipal Code Page 89/115
Chapter 17.60 HARBOR PERMITS AND LEASES
accurate records of the name and address of the club members and
community association members to which each mooring has been assigned
and the corresponding length of each vessel. The yacht clubs and LICA
may not sell or otherwise transfer the moorings under their control to a
third -party that is not a member of the yacht club or LICA. Mooring
records and 24/7 emergency contact information shall be provided annually
to the Harbormaster by the yacht clubs and LICA n or before Commented [JMM328]: Delete repeated word.
February 1 St.
b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet
in overall length to serve as access to and from the assigned vessel may be
secured to the assigned vessel or may be secured to the offshore mooring in
the absence of the assigned vessel. The vessel must be secured in such a
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 90/115
manner so as not to intrude into the fairway or obstruct neighboring
permittees. Notwithstanding the single vessel restriction, permitted live-
aboards may secure up to two (2) vessels no longer than fourteen (14) feet
in overall length to the assigned vessel, to serve as access to and from the
assigned live -aboard vessel.
C. Multiple Vessel Mooring System Program. The Harbormaster may
approve a multiple vessel mooring system in the mooring areas ofNewport
Harbor. An application and applicable fee for a multiple vessel mooring
system shall be submitted in writing to the Harbormaster, who shall
evaluate the application based upon (standards established and the
application shall be approved if the Harbormaster makes the findings
under the applicable standards and those set forth in Section
17.05.140(D)(1).
Permit Requirements. �aeh mooring permit may be issued for- up to two
:ties related to themeer-ine.-,..:, To the
satisfaction of the Harbormaster, the mooring permittee(s) shall:
a. Identify on the permit the full legal name(s), current address(es),
current telephone number(s) and current e-mail address(es), if one exists, of
the mooring permittee(s);
b. Agree to be responsible for permit rent, fees, maintenance and repair
of mooring equipment;
C. The permit for joint ownership moorings shall provide that all parties
shall have equal rights under the permit and shall be held jointly responsible
for compliance with all rules, regulations, and conditions set forth in the
mooring permit;
d. Grant permission to the City to temporarily assign the mooringl4o,-
.,r,.r�rr when it is unoccupied, to another vessel through the issuance
of a mooring sub -permit;
Commented [JMM329]: Prior to the Ordinance No.
2010-26, this was a pilot program confined to the moorings
licensed to the two yacht clubs.
Its positioning here as an "exception' to the rule that permits
are required to moor vessels is odd — and implies no permit
is required, even though apparently some kind of approval is.
Since they are exempted from the normal rules, it is unclear
who can submit the application or how the operation of the
"system" is administered. Does each vessel moored to it
need a mooring permit?
Coming after the reference in "b" to tenders, it would appear
"c" allows any mooring holder can apply to attach a MVMS
to their buoys and attach multiple vessels to it.
These also no mention of whether the MVMS needs a harbor
development permit, as it would if attached to land.
Commented [JMM330]:
When this was a limited -term pilot program developed for
the yacht clubs, it said "based upon standards he shall have
established."
Has the Harbormaster established any standards?
Even if so, it is odd for the Harbormaster rather than the
Harbor Commission to be establishing standards.
Commented [JMM331]: The persons to whom a permit
may be issued are stated in "3". Attempting to say it
separately here only creates confusion. Indeed, this
makes it appear permits can be issued only to natural
persons, which is not at all the case per "3".
If it is the intent, as it may be, that a clearly -identified
natural person (or two) be responsible for the permit that
should be more clearly stated.
e. Agree to defend and indemnify the City and any other government
entity with jurisdiction against any claims or losses arising out of, or related
to the use of, the mooring permit except where the claim or loss arises f frOm
the sub-permittee's damage of the mooring, or out of the negligence and/or - Commented [JMM332]: Does this add anything? It
misconduct of a person assigned the mooring as a mooring sub -permittee Seems to be included in the following phrase.
under subsections (G) and/or (H) of this section;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
£ Provide proof of insurance on a vessel naming the City as an
additional insured, as may be determined by the Risk Manages{;
Page 91/115
g. Provide registration or other proof of controlling possessory right in
the assigned vessel, all to the satisfaction of the Harbormaster;
h. Agree to pay fair market value rent, as established by resolution of the
City Council, on a rent schedule established by the Harbormaster, which
shall be similar to the schedule used to collect rent from other tidelands
users in Newport Harbor;
i. Agree that the mooring permit does not provide any ownership interest
in the underlying tidelands, which are held in trust by the City and owned
by the people of the State of California;
j. Authorize the City, or its designee, to move the vessel on the mooring
to another location when deemed necessary by the Public Works Director
and/or Harbormaster; and
Commented [JMM333]: This differs from the version
seen by the Harbor Commission on November 13.
It is unclear what vessel "a vessel" refers to.
I would suggest: "Provide proof of insurance for the
assigned vessel, if any, naming the City as an additional 1
insured, to the satisfaction of the Risk Manager."
Commented [JMM334]: As I understand it permittees can
leave the buoy(s) vacant, so there may be no assigned vessel.
Should this say "if any"?
k. Agree to allow the Harbormaster, or his designee, to board the
permittee's vessel at any time to inspect the condition and operability of
OIL -
an marine sanitation device(s) and/or insert dye tablets to determine Commented [JMM335]: I don't believe it's a requirement
whether said devices are discharging overboard in accordance with to have one.
applicable laws.
3. Permittee/Transferee Qualifications. A mooring permit may be heldby,
or transferred to, only the following �ersonsl: Commented [JMM336]: I believe "persons" could be
deleted without loss of meaning.
a. A kJp to two 2 natural person(s) holding title to an assigned vessel,
b. An executor or administrator carrying out the terms of a will or
administering a probated estate that holds a mooring permit, but only forthe
period of time prior to distribution of the estate;
C. An inter vivos trust, family trust, or other similar type of trust estatel
holding a mooring permit, so long as all trustors are natural persons and the
primary mooring permittee shall be the trustee of the trust;
d. An approved transferee whose vessel and/or mooring permit are
subject to any of the terms and conditions stated in subsection (E) ofthis
section;
e. A marine contractor, or marine support service provider, holding a
mooring permit used to provide current or ongoing harbor infrastructure and
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM337]: See note to "2", above. I believe
this should be moved from there.
However, I am not sure owning a vessel is any longer
regarded as a requirement for obtaining or transferring
a mooring permit.
The permits can evidently be held as investments as long as
the tackle is maintained an the rent is paid.
Commented [JMM338]: This does not add anything, and
could cause confusion. Taken literally, it says an estate has
to already hold a permit in order to qualify to obtain one.
Newport Beach Municipal Code Page 92/115
Chapter 17.60 HARBOR PERMITS AND LEASES
marine or fishing services (such as maintenance and dredging);
f. Balboa Island Yacht Club for the purposes of youth education in
boating and marine activities; Kerckhoff Marine Laboratories for the
purpose of marine and oceanographic research; and (American Legion Post
2911 for the purpose of serving veterans and their families and supplying
them with affordable access to boating and harbor activities; br similar
marine educational entitiesl: or
g. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively
"yacht clubs") and the Lido Isle Community Association only for those
moorings assigned by the City within certain established mooring areas or
locations, prior to1„r.,z.�ry-1x'17 January 13, 2011. These designated
mooring lareas nay not be expanded. The boundaries of these mooring areas
are graphically depicted by National Oceanographic and Atmospheric
Administration ("NOAA") l hart Number 187541. Yacht clubs shall be
entitled to a maximum number of moorings as can be accommodated 'n the ,\ ;
mooring fields designated in NOAA Chart Number 18754 and at a
minimum the current number of moorings assigned to them as of the
effective May 11, 2017, JanuM 13, 2011.
C. Plans and Specifications Required. No mooring permit shall be issued for
placing, erecting, constructing or maintaining a mooring or buoy unless such
mooring or buoy is constructed:
1. In accordance with standard plans and specifications approved by the
Harbormaster and at a location approved by the Harbormaster; or
2. In accordance with other plans and specifications for such mooring or
buoy which have been submitted by the applicant, showing the construction of
such proposed mooring or buoy together with the location thereof, and which
meet the requirements established in this chapter and which have been
approved by the Harbormaster.
D. Late Fees. A late charge shall be added to all payments due but not
received by City by the due date in accordance with Section 17.05.120.
E. Transfer of Permit. No w,,.,,ring ..o,.,. iaee shall transfer- po,.m t f
mooring or buoy gFanted under the provisionsof this ..hapten- o pt•
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM339]: From press reports, there is a
yacht club at the post which exists separately from the post.
Is it clear which this refers to?
Commented [JMM340]: This seems important to save
this from being "special legislation" benefitting only
named private entities. I assume "OceanQuest" would
qualify as a mooring permittee?
Commented [JMM341]: Singling out these entities
from other similar ones seems very problematic special
legislation to me.
Commented [JMM342]: See earlier note to
17.60.040.B. La. This language also originated with
Ordinance No. 2010-26, adopted on 12/14/2010 and
effective 1/13/2011.
Commented [JMM343]: Based on the sentence at the
end, this seems intended to refer only to the boundaries of
the areas, not the intensity of use within them.
Commented [JMM344]: NOAA Chart Number 15754
depicts a number of "special anchorage areas." It does
not identify any specifically as mooring areas and most
definitely does not identify which are associated with
clubs or associations.
Commented [JMM345]: Per 17.60.040.B.1.a. this would
seem to mean the clubs qualify to obtain new moorings
within the fields, but they can assign to members only the
specific moorings they held permits to on January 13, 2011.
That may need to be stated more clearly.
Commented [JMM346]: Delete? It is not clear what this
adds to the general rule of 17.05.120, or why it appears at
this point.
Commented [JMM347]: This section is inscrutable and
needs to be reworked.
In response to the 2007 Grand Jury Report, it was modified
by Ordinance No. 2010-26 to prohibit private third -party
transfers, other than between family members, starting in
2021.
It was then further modified in 2017 to restore private
transfers subject to a once per year limit. The result is an
exception to an exception understood only by those who
were there at the time.
Newport Beach Municipal Code Page 93/115
Chapter 17.60 HARBOR PERMITS AND LEASES
Except when transferred from a natural person to another member of his or her
immediate family, which shall be defined for the purposes of this section as the
mooring permittee's spouse and heirs at law to the second degree
consan uinity, a mooring permit may only be transferred under this subsection
up to one time in any twelve (12) month period.
F. Procedures for Transfers. Permits shall not be transferred without the prior
written approval of the Harbormaster. The Harbormaster may approve the transfer
of a mooring permit under the procedures set out below:
1. The kxistin&ooring permittee(s) (or, if the permittee is
deceased or incapacitated, the l ransfereeb shall submit to the
Harbormaster:
a. A completed mooring transfer form (on the form provided by the
Harbormaster); and
b. Documentation that the proposed new mooring permittee (transferee)
qualifies as a mooring permittee under subsection (13)(3) of this section.
2. �f transferee intends to purchase gra transferor's assigned vessel but
does not have title on the assigned -to that vessel e— ed b..
e'-mittee and t ns f re" at the time of transfer, thenal
a. Within sixty (60) days of a transfer, transferee shall submit to the
Harbormaster a copy of a California Department of Motor Vehicles
registration or other current registration (or, in lieu thereof, U.S. Coast
Guard documentation of ownership) documenting transferee's ownership of
the assigned vessel or, in the case of an onshore mooring, a photograph of
the assigned vessel if it is not subject to vessel registration laws. The
Harbormaster shall inspect the vessel at its office for compliance with
Section 17.25.026.I.21 before the assignment is approved; or
b. If such documentation is not received by the Harbormaster within the
sixty (60) day period, then the vessel or the mooring nay be impounded),
and the mooring may be deemed vacant and may be assigned pursuant to
subsections (G) and (H) of this section.
3. If transferee intends to moor a vessel other than the transferor's assigned
vessel) and does not have title to the vessell that will be moored at the time of
transfer, then:
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM3481: Is this what is intended? It
seems the existing permittee would need to authorize the
transfer, but the prospective new permittee would more
likely be the one submitting the paperwork
Commented [JMM349]: How does the Harbormaster
know the transferee is authorized by the representatives of a
deceased or incapacitated permittee? Or does he need to be?
Commented [JMM350]: I assume this is what is meant. It
might be noted, however, that since the only boat privately
allowed on a mooring is the current permittee's, it would
seem illegal to transfer title to the boat prior to transferring
the mooring. Hence, in no case would the transferee already
have title at the time of the mooring transfer.
Commented [JMM351]: Or is this intended to be an
inspection of wider scope, including possibly the condition
of the mooring (which could not be inspected "at its
office")? Other things, including sanitation seem to be
addressed elsewhere...
Commented [JMM352]: Isn't this part of a more general
rule for vessels that are on a mooring without assignment by
he Harbormaster? See 17.70.030.
Commented IJMM3531: What if he does have title?
It would seem "2" and "3" should be combined into a
single rule applicable to any change in the assigned vessel
or its ownership.
Newport Beach Municipal Code Page 94/115
Chapter 17.60 HARBOR PERMITS AND LEASES
a. Within sixty (60) days of an approved transfer, the transferee shall
notify the Harbormaster that the assigned vessel has been removed from the
mooring and before a new vessel may be placed on the mooring shall
submit to the Harbormaster a copy of a California Department of Motor
Vehicles registration or other current registration (or, in lieu thereof, U.S.
Coast Guard documentation of ownership) documenting transferee's
ownership of the new assigned vessel, or in the case of an onshore
mooring, a photograph of the new assigned vessel if it is not subject to
vessel registration laws. The Harbormaster shall inspect the vessel at its
or
b. If the documentation is not received within sixty (60) days of a
transfer, the mooring may be deemed vacant by the Harbormaster and the
mooring may be assigned pursuant to subsections (G) and (H) of this
section. The mooring may remain deemed vacant until such time the
permittee notifies the Harbormaster of their intent to assign their vessel
to the mooring.
4. The transfer request (shall be denied unless mooring permit rent, including
late payment fees, is paid current; required mooring inspections are current;
registration or documentation and �nsurance are provided; required
maintenance and repairs are complete and there are no derelict or unauthorized
vessel(s) on the mooring; and the vessel is of appropriate length with the
appropriate weights and chains.
5. The mooring permittee and transferee shall provide a written agreement
to defend and indemnify the City of Newport Beach in any dispute with a third
party over transferee's right to be the mooring permittee or in any dispute with
a third party over the mooring permittee's right to transfer the permit.
6. Transfer Approval. Upon confirmation of compliance with this
subsection, the Harbormaster must find all of the following conditions to
approve the transfer of a mooring permit:
a. The transferor no longer owns the bass
vessel or has retained ownership of the assigned vessel and has
permanently vacated the mooring;
b. The transferee has met all the qualifications and conditions for
issuance of a permit in subsection (B) of this section;
C. The transferor or transferee has reported to the Harbormaster the price
paid for the mooring permit, and has paid to the City the required transfer -
fee ; and
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM354]: Suggest inserting — it seems an
oversight that 3.a doesn't include the inspection requirement
of 2.a.
Commented [JM M355]: Shouldn't these criteria be made
part of "6", below? Noting, however, some of this
presupposes an assigned vessel, which seems no longer to be
required.
Commented [JMM356]: Is there an insurance
requirement if there is no assigned vessel?
Commented [JMM357]: It is not clear if this refers to the
prior or new permittee. I assume it means the prior one 1
("transferor").
Commented IJMM3581: This should perhaps say
Newport Beach Municipal Code Page 951115
Chapter 17.60 HARBOR PERMITS AND LEASES
d. The transferor represents that they per -son did not discriminate
against any transferee or prospective transferee because of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition,
marital status, sex, sexual orientation, age or any other impermissible basis
under law.
7. The Harbormaster may approve a one-for-one exchange of moorings
between two (2) mooring permittees, subject to compliance with this subsection
without any transfer -fee imposed by the City.
8. The Harbormaster may approve the changing of an assigned vessel on the
permit, subject to the requirements of subsection (B) of this section, without
any transfer -fee imposed by the City.
9. Following an approved transfer, the Harbormaster shall list the transfer
price of the mooring permit on a publicly available website hosted by the City,
or on a third -party's website under contract with the City to host information
regarding mooring permit transfers.
G. City's Authority to Assign Moorings through Use of Sub -Permits. With the
exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido
Isle Community Association's designated moorings, mooring permittee may not
rent, assign, or transfer the use of the mooring to any other person. With the
exception of moorings issued to mooring permittees described in subsection
(13)(3)(e) of this section, the Harbormaster shall have the authority to assign vacant
moorings to sub -permittees pursuant to the following provisions:
1. Deemed Vacant Moorings. l he Harbormaster may assign deemed
vacant moorings through the issuance of sub -permits at his or her
discretion. Sub -permits may be renewed upon availability. The mooring
permittee may reclaim its mooring upon three (3) days' prior written notice to
the Harbormaster of its intent to return the assigned vessel to the mooring.
A "deemed vacant mooring" shall be defined as a mooring upon which:
a. An assigned vessel has not been attached for thirty (30) consecutive
days or more; or
Commented [JMM359]: B.3.e is "marine contractors" -
so this makes it sound like, despite the preceding sentence,
the Harbormaster can assign vacant yacht club moorings (as
well as the clubs having similar authority over them). But the
true intent is unclear.
Commented [JMM360]: Shouldn't this come after the
explanation of what "deemed vacant moorings" are?
Commented [JMM361]: "own" adds nothing
b. IA vessel, other than an assigned vessel or approved sub -permittee
vessel approved in accordance with subsection (H)(9), has been attached for
thirty (30) days or morel; or - " Commented [JMM362]: Delete? What does this add to
"a"? (nothing I can see)
C. Required documentation for an assigned vessel has not been provided
for a transfer request pursuant to subsection (BF) of this section.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 96/115
2. Noticed Vacant Moorings. The Harbormaster may assign �oticed - Commented [JMM363]: shouldn't this come after "a"?
vacant moorings through the issuance of a mooring sub -permit for any period
of time, up to the reoccupation date on the mooring
permittee's written notice, or the twenty-four (24) hour written notice per
subsection (G)(2)(b) of this section. If the mooring continues to be vacant for
thirty (30) days past the reoccupation date indicated on mooring permittee's
notice, and there is no further written notice from mooring permittee, the
mooring shall become a deemed vacant mooring.
a. Mooring permittee may provide written notice to the Harbormaster
of its intent to vacate its mooring for fifteen (15) days or more. These
moorings shall be "noticed vacant moorings." Written notice shall
include the date the mooring permittee intends to vacate his/her mooring,
and the date he/she intends to reoccupy the mooring with the assigned
vessel.
b. If a mooring permittee provides written notice, the mooring permittee
may reclaim the assigned mooring on the reoccupation date indicated in
his/her written notice or, if the mooring permittee returns prior to or after
the reoccupation date, upon twenty-four (24) hours' written notice to the -
Harbormaster.
H. Procedures for Mooring Sub -Permit Issuance. Any natural person wishing to
use a mooring pursuant to the issuance of a sub -permit must enter into a written
mooring sub -permit agreement with the City that includes the following:
Commented [JMM364]: Shouldn't this come at the
beginning, to explain what "noticed vacant moorings" are,
before using the term?
1. A written representation of the Current Wessel length which shallbe - Commented [JMM365]: The intent of",current" is
satisfactory to the Harbormaster; unclear? Shouldn't this be "sub-permittee's"?
2. An agreement to be responsible for any damage to mooring equipment; to
defend and indemnify the City of Newport Beach and the mooring permittee
against any claims or losses arising out of, or related to, the mooring rental; to
require the mooring sub -permittee provide proof of insurance as maybe
determined by the City's Risk Manager; to require registration or other proof of
ownership; to require an equipment damage deposit, all to the satisfaction of
the Harbormaster; and authorize the City, or its designee, to move the vessel on
the mooring to another location when deemed necessary by the Public Works
Director and/or Harbormaster;
3. The repair of any damage to the mooring equipment shall be paid by the
mooring sub -permittee. If the mooring is damaged by a vessel assigned by the
City, or the City's agent, the City will arrange for the repair of the mooring
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.60 HARBOR PERMITS AND LEASES
Page 97/115
with a qualified vendor and provide notice to the permittee of the occurrence
and the arranged repair date. Should the sub -permittee fail to pay for the
damage for any reason, the City will pay for the required repairs to the
mooring, and then seek reimbursement from the sub -permittee. Also, the City
will make available a mooring without charge for the returning vessel of the
mooring permittee until such time as their permitted mooring is repaired;
4. Mooring sub -permittees shall provide approved mooring lines which
shall be removed at the end of the rental period;
5. A mooring sub -permit agreement may be up to fifteen (15) days and may
terminate at any time for any reason, and may be renewed based on availability.
Upon return of the assigned vessel to the mooring, the Harbormaster will
attempt to reassign the sub -permittee to another mooring. Mooring sub -
permittees have no right of renewal or substitute moorings upon return of the
assigned vessel, or upon termination of a mooring sub -permit agreement for
any reason. Mooring sub -permittees accept an indefinite term at their own risk;
6. The mooring sub -permit rent will be based on a rate established by the
City Council;
7. Pending vessel inspection, Ssubl- ermittees may stay aboard the vessel -
pend ,,g versed ift^'n60^+i^4, for a period Motto exceed fifteen (15) days in any
twelve (12) month period. The Harbormaster may grant extension s
beyond fifteen (15) days;
8. Mooring sub -permits shall be offered to the public on a first-come, first-
served basis. City owned and operated moorings may be reserved in advance;
9. Subject to the Harbormaster's approval, a mooring may be loaned by the
mooring permittee to a vessel other than the assigned vessel subject to all
provisions of the sub -permittee rental agreement including payment of sub -
permit fees provided, that:
a. The mooring permittee provides the Harbormaster with written notice
identifying the vessel that will use the mooring;
b. The vessel owner authorizes the City, or its designee, to move the
vessel on the mooring to another location when deemed necessary by the
Commented [JMM366]: I assume this was meant to say
they can stay aboard only after inspection. Not that they can
stay aboard while waiting for the vessel to be inspected (and
after the inspection, no longer can).
"After" would be better than "Pending" is that is what is
intended.
Commented [JMM367]: Unless the sub -permittee
obtains a live -aboard permit, the 15 day provision
conflicts with the live -aboard regulations. More than 72
hours in 30 days qualifies as a live -aboard and requires a
permit.
Commented [JMM368]: "any" adds nothing. But are
there any criteria for granting extensions? Or are they
completely at the whim of the Harbormaster?
Harbormaster. Commented [JMM369]: Delete? This is already a
condition of the agreement.
I. Mooring Permit Transfer Nonrefundable Fee. The City shall charge the
mooring permittee for the right to transfer a mooring permit under subsection (E)
of this section in an amount equal to seventy-five (75) percent of the annual
mooring rent as established by City Council resolution. This transfer charge
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 98/115
Chapter 17.60 HARBOR PERMITS AND LEASES
represents a one-time nonrefundable -transfer fee for the use of a mooring. A
mooring permit transfer fee shall not be �equired�if:
1. The transfer is from the mooring permittee to the same mooring permittee
as trustor of an inter vivos trust, living trust or other similar estate planning
tool;
The transfer is made under subsections (17)(7) and (8) of this section; or
The transfer is made pursuant to subsection (E)(1)I of this section.
J. Surrendered Mooring Equipment. If the mooring permittee sells, transfers, or
otherwise no longer owns the assigned vessel and does not intend to apply for, or
does not receive, approval to transfer the permit to another, the permittee may
provide written notice to the Harbormaster of his or her intent to surrender the
mooring permit; otherwise the provisions of subsection (G) of this section
regarding a vacant mooring shall apply.
Once a mooring permit is surrendered, the mooring permittee shall remove the
assigned vessel and/or the mooring equipment thirty (30) days after written notice
of surrender of the permit, or, upon failure to remove the mooring equipment, title
shall vest in the City and the City shall compensate mooring permittee the fair
value for the mooring equipment, less rent or fees owed, as provided in subsection
(L) of this section.
K. Revocation of Permit.
set forth in Section 17.70.020.
2. Upon revocation of the mooring permit, it shall be the duty of the
mooring permittee to immediately remove the mooring equipment and any
moored vessel. If not removed within thirty (30) days of revocation of the
permit, the mooring equipment shall vest in the City and may be auctioned by
the City to another person or may be removed by the Harbormaster and the cost
of mooring equipment removal shall be paid by the mooring permittee. Any
moored vessel or equipment not removed within thirty (30) days may be
impounded by the City and disposed of in the manner provided by law. City
incurred costs of removal of mooring equipment or any vessel moored thereto
may be charged against the permittee and collected in any court of competent
jurisdiction or recovered by the City from the proceeds of sale of the vessel or
mooring equipment.
3. During any revocation proceeding, if the mooring is unoccupied, it may be
temporarily assigned as a mooring for guest vessels by the Harbormaster.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM370]: Should this be "charged" to
remove doubt as to whether it could be charged even though
not "required'?
Commented [JMM3711: A previous suggested revision
recommended removing the "(1)" "(2" distinction. If that is
accepted, it should be deleted here.
Commented [JMM372]: Delete? Why would the City
need grounds and a procedure to revoke a sub -permit? The
agreement described above warns it can be terminated at any
time.
And surely a revoked sub -permittee would not be
responsible for removing the permittee's tackle — or have 30
days to remove their own vessel?
Newport Beach Municipal Code Page 99/11
Chapter 17.60 HARBOR PERMITS AND LEASES
L. Moorings Reverting Back to City. Should a mooring revert back to the City
for any reason, whether through abandonment, surrender, failure to provide
documents pursuant to subsection (F) of this section, or for any other reason other
than as set forth in subsection (K), the following shall apply:
1. The mooring permittee shall be entitled to recover all of the
mooring permittee's mooring equipment within thirty (30) days of
reversion;
2. If mooring permittee does not recover his or her mooring equipment,
mooring permittee shall be entitled to payment from the City of the fair value
of the mooring equipment as depreciated by use in an amount to be determined
by the Harbormaster and as set in the City's master fee resolution, after any and
all past due rent and fees, if applicable, have been satisfied; and
3. The mooring nay be publicly auctioned by the City, or the City's
designated representative, or the mooring may be used for other Citypurposes.
M. Request to Extend Mooring Length.
hReview Authority. If an offshore mooring permittee wishes to moor a
vessel other than the currently assigned vessel that is or will be longer than the
currently assigned vessel, the Harbormaster may lamend he existing offshore
mooring permit to extend the l essel occupancy length lto accommodate a longer
vessel up to a maximum of five (5) additional feet in accordance with this
subsection; provided, however, that the Harbormaster may refer such
applications to the Harbor Commission for consideration and final action.
Applications for the extension of vessel occupancy length in excess of five (5)
feet shall be submitted to the Harbor Commission for consideration and
rendering of a decision. For applications requiring the approval of the Harbor
Commission, the Harbormaster shall present to the Harbor Commission all
relevant facts to support the findings included in 17.05.140(D)(1).
2. Application.
a. Filing and Review of Request. An offshore mooring permittee shall file
a written lrequest fbi an extension of dir, assigned vessel Occupancy luilgai
with the Harbor Department on a form prescribed by the Harbormaster,
together with the filing fee required by the City's fee schedule adopted by City
Council resolution.
b. Application Requirements. An application for an extension of the
vessel occupancy length shall include the following information in addition to
such other information as may be required by the Harbormaster:
i. The full identification of the applicant and the vessel for which
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM373]: Is this meant to imply more than
the "mooring equipment"? Such as auctioning the
equipment and the permit?
Commented [JMM374]: How does this relate to the
proposed Council Harbor Policy presented as Item 6.4 at the
Harbor Commission's Nov. 13 meeting?
Also, do single -point moorings have lengths? And if so, what
is the procedure for lengthening them?
Commented [JMM375]: Note: this and several following
sections are in right -left justified' formatting, unlike the rest
of the title, presented with ragged right margin.
Commented IJMM3761: Previous sections suggest a
change in assigned vessel requires a no -fee transfer, rather
than an "amendment'.
Commented [JMM377]: Is a statement of "vessel
occupancy length" part of every mooring permit? If so,
where is that specified.
Newport Beach Municipal Code Page 100/115
Chapter 17.60 HARBOR PERMITS AND LEASES
an amendment to the existing offshore mooring permit is sought,
certifying that the applicant and the assigned vessel have complied with
(or in the event the vessel identification is unknown, appliea- —0l1
ify +1'^+ stieh unidentified "rior to occupying the moor Commented [JMM378]: This does nothing I can detect
space will comply with) all of the appropriate (United States Coast other than making the phrase difficult to read.
Guard license, inspection, and certification requirements, and �ertlfying Commented [JMM379]: Which are "appropriate"?
that the applicant has read and is otherwise familiar with all of the
applicable rules and regulations promulgated by the City, including, but
not limited to, the provisions of this Titlel; Commented [JMM380]: It seems unlikely such a
question would be answered honestly.
ii. Such plans and specifications as may be required by the
Harbormaster for such mooring to accommodate the proposed longer
vessel; and
iii. Detailed information regarding the vessel
model, year, LOA, l eam; dimension, Wessel IDI, and if the vessel
,.-'
Commented [JMM381]:Itlooks like the commawas
identification is not known at the time of making an application, the
`
unintended.
LOA and Adjusted LOA (including bowsprits, swim steps, or Stern
Commented [JMM382]: This was already required in "i".
mounted dinghies) of the proposed vessel for which the applicant seeks
,--
Commented [JMM383]: why is Adjusted LOA
approval. The LOA as published b the manufacturer of a aA4e� 1 ^rthe
pp p Y
required only for unidentified proposed vessels and not for
definitely identified ones?
vessel shall be used to determine (a) the required mooring size of a
pai4ie j thatvessel-and (b) the size of the specification for the chains,
And what is it used for anyway? The term seems to appear
only in the (deleted) irrelevant sentence at the end.
weights, and tackle necessary to secure athat-_vessel on a jiarthe
mooring for- a t=mi++ee A,1;„-S+e,l LOW- be ,—I.—Sed— +^ ,le+efmiae the
.,;....um vessel fit i any p -+;,.,,1., - slip or- si +;o
—
Commented [JMM384]: This has nothing to do with
mooring extensions.
3. Action on Extension Request. Upon receipt of a completed application for
an extension of the assigned vessel occupancy length, the Harbormaster or the
Harbor Commission, as applicable, may approve or conditionally approve an
amendment to the offshore mooring permit to allow the extension of the vessel
occupancy length (in the event of an application for an unidentified vessel only
a conditional approval may be obtained) only after making the findings set forth
in Section 17.05.0140 (D) and making all the following findings:
a. There have been no chanties in the conditions or circumstances of the
existing offshore mooring permit so that there would have been grounds for
denial of the original offshore mooring permit or grounds for revocation
thereof at the time an application for extension of the assigned vessel
occupancy length is filed;
b. The proposed extension of the assigned vessel occupancy length will
not: (i) impede or obstruct the fairways or channels or prevent or obstruct the
passage of other vessels between the rowsl, (ii) impede, obstruct or prevent - Commented [JMM385]: "Rows" is not defined. Haw is
ere
other mooring permittees from safely navigating m and out of adjacent this applied to single point moorings? Are throws?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 1011115
Chapter 17.60 HARBOR PERMITS AND LEASES
moorings or moorings in other rows connected by the same fairway to the
row of the permittee's vessel, (iii) extend beyond the outer boundaries of the
mooring area or row, (iv) exceed the �ntended Wessel LOA established by the
Harbor Commission for the row or mooring area in which the vessel will be
moored, alcor (v) exceed the maximum length of the other vessels in the
same row;
C. The applicant and the assigned vessel have complied with all of the
appropriate United States Coast Guard license, inspection, and certification
requirements for the assigned vessel and all of the applicable rules and
regulations promulgated by the City, including, but not limited to, the
provisions of this title;
d. The applicant agrees to cover all costs associated with modifying the
length of the mooring, including, but not limited to, any costs associated
with relocating mooring anchors and tackle, and any costs associated with
re -sizing mooring tackle to meet applicable mooring standards (e.g. chain
size).
4. Conditions of Annroval. If the Harbormaster or the Harbor
Commission, as applicable, approves an application for an amendment to the
offshore mooring permit under this section, such approval shall be conditional and
contingent upon the following requirements:
Commented [JMM386]: "maximum"? What does
"intended" mean if not that?
Commented [JMM387]: Should this be the "City
Council" or "by City Council policy"? Is the Harbor
Commission empowered to set these standards on its own?
Commented [JMM388]: Not necessary if "all the
following" is inserted at the start of the list.
a. The mooring permittee must occupy the mooring with the new vessel
within twelve (12) months following the date of approval; and
b. The mooring permittee's rights pursuant to a valid mooring permit, as
amended, shall not be sold or otherwise transferred for a period of twelve
(12) months following the date of occupancy of the mooring with the new
vessel. 4-L-A—na later sale or transfer of said permit shall comply with Commented [JMM389]: Is this what was meant?
the requirements of subsections (13)(3), (E) and (F) of Section 17.60.040.
5. Non-compliance with the subsection (AFM) (4) (a) or (b) will constitute
grounds for the Harbormaster �o revoke the amendment �o the mooring permit - Commented [JMM390]: "x" does not appear to allow a
in accordance with Subsection 17.60.040(K). In the event that the partial revocation. I believe the entire permit would be
revoked, although that is contradicted by what follows.
Harbormaster determines that there are grounds to revoke the amendment to
the mooring permit issued pursuant to this chapter, the Harbormaster shall
proceed in the manner described by Section 17.70.020. Upon revocation, it
shall be the duty of the mooring permittee to remove the moored vessel and,
upon such revocation, to return the mooring area where vessel was assigned
to its original length at the mooring permittee's expense within thirty (30) days
of written notification to do so. Rather than reverting back to the City upon
such revocation, the mooring permittee may thereafter continue to use the
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 102/115
Chapter 17.60 HARBOR PERMITS AND LEASES
mooring in accordance with all of the terms and conditions of the original
offshore mooring permit and subject to all of the terms and provisions of this
title applicable to mooring permits.
17.60.050 Rouseboats�
A. Moorage Restrictions. No person shall moor or dock a houseboat on the
waters of Newport Harbor.
B. No person shall use or occupy or permit the use or occupancy of ahouseboat
for living quarters either permanently or on a temporary basis on the waters of
Newport Harbor.
117.60.060 Public Trust
A. Leases/Permits. In the event public trust lands are used for commercial
purposes by an entity other than the City, such as for example, a commercial
marina or commercial pier, then that entity shall enter into a ease or permit)
the City.
1. Leases shall provide lessees with a leasehold interest in the property for a
period of at least five (5) yearsl, 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 fora
period of ten (10) years or less, to be determined in the sole and absolute
discretion of the City.
Commented [JMM391]: This seems misplaced. It is not
about permits, but rather a harbor use regulation.
Note: This was formerly an entire chapter (like "Live-
Aboards"), anticipating Sausalito -like "houseboat marinas,"
among other things.
The Design Criteria currently limit allowable "floating
buildings" to "nonresidential facilities."
Commented [JMM392]: Compare 21.48.085 ("Public
Trust Lands"), subsection D, of the LCP-IP.
This does not seem to be about "Public Trust Lands" so
much as about "Commercial Harbor Structures," which
aren't otherwise covered in Chapter 17.60.
It also doesn't match the Title 17 Table of Contents, which
says "17.60.060 Leases/Permits of Public Trust Lands."
Commented [JMM393]: Do these leases or permits
somehow supersede all other permit requirements in Title 17
or do they only set the duration of the allowed use?
There seem to be no other permit requirements for
commercial piers. Are we to assume they are all in the
Design Criteria?
Commented [JMM394]: Is there a reason for the overlap
between the 5 years or more in "1" and the 10 years or less
in "2"
3. The City Manager, or his or her designee, is authorized to enter into leases
or permits authorized by this section on behalf of the City in a form approved
by the City Council pursuant to Resolution 2012-91 for large commercial
marinas and Resolution 2012-97 for commercial use of tidelands (as the same
may be Subsequently amended )from time to time by the City Councillor in - Commented [JMM395]: Should the resolution numbers
such form as is substantially similar thereto; provided, however that the City be updated to the currently applicable ones?
Manager may instead refer the matter to the City Council for consideration and
approval. Furthermore, the City Manager or his or her designee, is authorized
to implement such leases or permits on behalf of the City and to issue
interpretations), )Waive provisions, and enter into amendments thereof - Commented [JMM396]: The extraneous words "and to
interpret" seem to have been removed from the version
B. Land Use. Leases and permits shall be for uses consistent with the public presented to the Harbor Commission on November 13.
trust and Section 17.05.080. Preference shall be given to coastal -dependent uses.
C. Public Access. Public access shall be provided in a manner consistent with
applicable law.
D. Revenue. Rent under this section shall be based upon fair market value, as
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 1031115
Chapter 17.60 HARBOR PERMITS AND LEASES
determined by an authorized appraiser, survey, or other appropriate valuations
method, of the uses authorized in the lease or permit as established by the City
Council.
E. (Commercial uses provided under this -title 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 fora
commercial pier permit or lease in front of or encroaching upon abutting upland
property not owned or leased by the person applying for the permit.)
F. All persons that receive a commercial permit or lease, whether it is a new
permit or lease or a transferred permit or lease, from the City to use public trust
lands shall, to the fullest extent permitted by law, indemnify, hold harmless and
defend (with counsel approved by the City, which approval shall not be
unreasonably withheld) the City, its elected officials, officers, employees, agents,
attorneys, volunteers and representatives from and against any and all claims,
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
Imes, penalties, liabilities, costs and expenses of every kind and nature whatsoever
(individually, a "claim" or collectively, "claims"), which may arise from or in any
manner relate (directly or indirectly) to the permit or lease including, but not
limited to, the issuance of any permit or lease, the transfer of any permit or lease,
the entry into any permit or lease, permittee's or lessee's occupancy or use, or
occupancy or use by permittee's or lessee's guests, invitees, sublessees, or
licensees of the public trust lands, or improvements including, but not limited to,
any use involving petroleum based products, hazardous materials, hazardous waste
and/or other hazardous substances as defined by City, County, State or Federal
laws and regulations. The permittee's or lessee's obligations under this indemnity
shall not extend to the degree any claim is proximately caused by the sole
negligence or willful misconduct of the City, subject to any immunities which may
apply to the City with respect to such claims. This indemnification provision and
any other indemnification provided elsewhere in an individual permit or lease shall
survive the termination of said permit or lease and shall survive for the entire time
that any third party can make a claim.
This indemnity obligation shall apply independent of whether it is explicitly placed
within a particular commercial permit or lease.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM397]: As I recall this was slipped in, or
modified, as part of what was claimed to be an ordinance
doing innocuous clean-up (changes in position titles and
such).
I believe it also figured prominently in the (possibly still
ongoing?) litigation between Susan Riddle and John Vallely
over an encroaching commercial dock near the ferry landing
on Balboa Island — and the judge found its intended meaning
to be inscrutable.
It needs to be made scrutable.
Once a commercial applicant has filed for a pier, do the land
owner and impacted persons have any right to notice and can
they appeal? Does no "involvement' mean they have no
rights at all in the matter if it is commercial?
Newport Beach Municipal Code
Chapter 17.65 APPEALS
Chapter 17.65
APPEALS OR CALLS FOR REVIEW
Sections:
17.65.010
Authorization.
17.65.020
Time Limits.
17.65.030
Initiation.
17.65.040
Procedures.
17.65.050
Judicial Review of City Decision.
17.65.010 Authorization.
Page 107/115
The purpose of this chapter is to provide procedures for the appeal or call for
review of the decisions of the Public Works Director, the Community
Development Director, Harbormaster and Harbor Commission I oder this title. Commented [JMM398]: Risk Manager decisions are not
appealable?
A. Decisions of the Public Works Director, Community Development Director
or Harbormaster for the issuanee r denial of a permit that : „l eet to appeal may
be appealed to thcH'�e rise>ieffl; by the eant. All A-ther deeisions
of the Public Works DiFecter-, Community Development DiFeGtoF an
14ar-b^fmaste far the issuance or denial of a nermit may be appealed to the Harbor
Commission by any interested person.
B. Decisions of the Harbor Commission may be appealed to the City Council
by any interested person.
Commented [JMM399]: The deleted words make little
sense, and to the extent they make sense, add nothing. Why
would "interested parties" only be able to appeal decisions
not subject to appeal?
Shouldn't the words "for the issuance or denial of a
permit" also be deleted?
C. A member of the Harbor Commission, acting in their official capacity, may Aren't staff decisions about non -permit matters also
supposed to be appealable? Just as the Harbor Commission
call for review, to the Harbor Commission, decisions resulting from the Public can call them up for review?
Works Director, Community Development Director and/or Harbormaster's
administration of this4itle -where the Code assigns such authority to the Harbor
Commission. The purpose of the call for review is to bring the matter in front of
the entire body for review.
D. A member of the City Council, acting in their official capacity, may call for
review, to the City Council, decisions of the Harbor Commission. The purpose of
the call for review is to bring the matter in front of the entire body for review.
17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) calendar days of
the decision.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.65 APPEALS
Page 1081115
17.65.030 Initiation.
A. Filing of Appeals and Calls for Review. Appeals or calls for review �€
—' Commented [JMM400]: The deleted words add nothing.
shall be made in writing to the City Clerk on forms provided by the City Clerk. l All appeals, they say, go to the Clerk' J
The appeal shall state the facts and basis for the appeal.
B. Fee. Appeals shall be accompanied by a fee as established by resolution of
the City Council. A call for review is exempt from the payment of a filing fee
under Section 3.36.030, or any successor provision.
C. Effect on Decisions. Decisions that are appealed or called for review shall
not become effective until the appeal or review is resolved.
17.65.040 Procedures.
A. Hearing Date. An appeal or call for review shall be scheduled for a hearing
before the reviewing body within forty-five (45) days of the filing of the appeal or
call for review unless both appellant and the City Manager consent to a later date.
B. Notice and Public Hearing. An appeal or call for review hearing shall be a
public hearing. Notice of the hearing shall be provided and the hearing shall be
conducted in compliance with Section 17.05.140.
C. Plans and Materials. At an appeal or call for review hearing, the reviewing
body shall consider the application, plans and project -related materials that were
the subject of the original decision.
D. Hearing.
1. At the hearing, the reviewing body shall review the record of the decision
and hear testimony of the appellant, and any other interested party. An appeal or
call for review shall be de novo.
Commented [JMM4011: This was already stated in
17.65.010.
Commented [JMM402]: Is it confined to only those? If
so (which seems contrary to the usual understanding of a de
novo hearing and D.3, below), why?
2. The failure of the appellant to appear at the hearing shall constitute a Commented [JMM403]: Does this mean the appellant
•
failure to exhaust his or her administrative remedies. I must appear personally?
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 109/115
Chapter 17.65 APPEALS
3. The hearing need not be conducted in accordance with the technical rules
of evidence and -any relevant evidence may be considered.
4. The appellate (or reviewing) body may continue the hearing from time to
time and/or request additional information prior to issuing a written decision.
E. Required Findings. At an appeal or review hearing, the reviewing body
shall make the findings prescribed in Section 17.05.1400when affirming, Commented [JMM404]: Corrected by Yolanda
modifying or reversing the original decision. Summerhill.
F. Decision and Notice. After considering all of the testimony and evidence
presented at the hearing, the reviewing body shall issue a written decision within
a reasonable time. The written decision shall state the specific reasons for the
decision and shall be served on the appellant in accordance with Section
1.05.030.
17.65.050 Judicial Review of City Decision.
A person shall not seek judicial review of a City decision on any matter until all
appeals or calls for review, if applicable, to the Harbor Commission and City
Council have been first exhausted in compliance with this chapter.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.70 ENFORCEMENT
Chapter 17.70
ENFORCEMENT
Sections:
17.70.010
Declaration of Nuisance—Abatement.
17.70.020
Grounds for Revocation of Permit.
17.70.030
Impound of Vessels.
17.70.040
Other Remedies.
Page 110/115
17.70.010 Declaration of Nuisance—Abatement.
Any building, structure, or vessel set up, erected, constructed, altered, enlarged,
converted, moved or maintained in or over the waters of Newport Harbor or the
Pacific Ocean contrary to the provisions of this Code, and any use of any land,
water, building or premises established, conducted, operated or maintained
contrary to the provisions of this Code, shall be and the same is declared to be
unlawful and a public nuisance; and the City Attorney may, commence action or
proceedings for the abatement and removal and enjoinment thereof in the manner
provided by law, and may take such other steps and apply to such courts as may
have jurisdiction to grant such relief as will abate and remove such building,
structure, or vessel and restrain and enjoin any person, firm or corporation from
setting up, erecting, building, maintaining, or using any such building, structure, or
vessel -contrary to the provisions of this Code. Pursuant to Government Code
Section 38773, all expenses incurred by the City in connection with any action to
abate a public nuisance will be chargeable to the person(s) creating, causing,
committing, or maintaining the public nuisance. -
17.70.020 Grounds for Revocation of Permit.
A. Grounds for Revocation.
1. General Grounds for Revocation. Except as provided in subsections
(A) (2) and (3), in addition to any specific grounds for revocation of a permit
provided for herein, any permit heretofore or hereafter granted for any structure,
work, use or activity under and pursuant to this title -may be revoked upon any of
the following grounds, in accordance with the provision of this section: Commented [JMM405]: Delete?
Does this add anything? If it does, move to between
"revoked" and "upon".
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code Page 111/115
Chapter 17.70 ENFORCEMENT
a. The development work, structure, use or activity has become detrimental
to commerce, navigation or fishing;
b. The development work, structure, use or activity is detrimental to the use,
operation or development of Newport Harbor or the Pacific Ocean;
C. The development work, structure, use or activity has become a source of
pollution of Newport Harbor or the Pacific Ocean;
d. The development work, structure, use or activity does not comply with the
permit or does not meet the standards adopted for such development work or
structure;
e. The permittee has failed for a period of sixty (60) days to pay any rent
or fee heretofore or hereafter imposed for the occupancy or use of tidelands,
filled tidelands or submerged lands ;
f. The development work or structure has fallen into a state of disrepair;
g. The space occupied by such work or structure is over public trust land
and such space is to be devoted to a more necessary public use;
h. The permittee has breached or failed to comply with the terms or
conditions contained in the permit or upon which the permit was granted or
provided false or misleading information which was not known at the time in
obtaining a permit;
i. The development work, structure, use or activity violates the terms ofthe
tidelands trust grants to the CityZ-0r
j. There has been a violation of any provision of this title, State or Federal
law.
2. (Grounds for Revocation of a Live -Aboard Permit. In addition to the
grounds for revocation set forth in subsection (A)(1), any permit granted pursuant
to Chapter 17.40 may be revoked upon a determination that:
a. Permittee has violated, or failed to comply with, any of the provisions or
requirements of Chapter 17.40 or this title;
b. Permittee has discharged raw or treated sewage into the bay or otherwise
violated the provisions of Section 17.40.100;
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM406]: It is not clear this adds anything.
The additional grounds added all appear to be violations of
Title 17 which would already have been covered by I j.
Newport Beach Municipal Code
Chapter 17.70 ENFORCEMENT
C. Permittee has failed to
provisions of this
ty any fee required to be pa
and/or resolution of the Cit
Page 112/115
to the
d. Permittee, or any person on the vessel, has engaged in conduct which has
unreasonably interfered with the health, safety, welfare, or peace of any person.
Commented [JMM407]: I assume this is what was meant.
Chanter 17.70 doesn't aonear to involve fees.
3. Grounds for Revocation of Mooring Permit. A mooring permit ar-t I Commented [JMM408]: There is no need to invoke an
elabomay be revoked upon any of the grounds set forth in Section 17.70.020(A) (1) or mooring
and time-consumingsb- proceeding to revoke a
mooring sub -permit. The sub -permittee has already agreed it
for any of the following: can be terminated at any time.
a. The moored vessel or the mooring equipment has been determined to
violate the applicable mooring regulations in Section 17.25.020, or any
successor section, and the mooring permittee or sub -permittee has not made Commented [JMM409]: Is this a sub-permittee's
the necessary corrections or repairs within the time required by the responsibility?
Harbormaster;
b. The moorin
has failed or refused to allow
an inspection of the vessel to determine if it is safe, seaworthy and operable,
a public nuisance, or in compliance with applicable marine sanitation
device requirements including placement of a dye tablet in the marine
sanitation device;
C. A person has lived aboard a vessel assigned to a mooring without a
live -aboard permit, unless other -wise not as allowed in subsection
17.60.040(FH);
d. The mooring permittee has sublet their mooring in violation ofthis
title.
B. Notice and Hearing.
Commented [JMM410]: Why would the refusal of a
City -assigned sub -permittee cause the "owner's" permit to
be revoked.
1. a. General Notice and Hearing Procedures. Except as provided in
subsections B(2) and (3), any revocation shall require a public hearing before the
Harbor Commission at which the permittee has an opportunity to be heard. At
least fourteen calendar (14) days' notice of such hearing Ishall be given p'n - Commented [JMM41I]: To whom?
accordance with Section 1.05.030, setting out the date, time and place of hearing,
and specifying the facts which constitute the grounds forrevocation.
b. The Harbor Commission shall preside over the hearing
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.70 ENFORCEMENT
Page 1131115
. The Harbor Commission may continue a hearing from time to time and request
additional information from city staff or the permittee before rendering its decision.
The permittee's nonappearance at the hearing shall constitute a failure to exhaust his
or her administrative remedies.
C. At the hearing, the permittee shall be given the opportunity to testify and
present evidence and (shall �aise any and all legal and factual issues concerning the - Commented [JMM412]: Delete? what does this add?
determination under this section. The hearing need not be conducted in
accordance with the technical rules of evidence and any relevant evidence may be
admitted.
2. Procedure for Revocation of Live -Aboard Permits. If the Harbormaster
determines there are grounds for revocation of a live -aboard permit as provided in
subsection 17.70.020(A)(2), he or she shall provide written notice of revocation
with service of the notice in accordance with Section 1.05.030, stating the grounds
for the action, the effective date of the decision and the right of the permittee to
appeal the decision to the Harbor Commission. The permittee shall have fourteen
(14) calendar days from the date on which notice is deemed served to request a
hearing.
If the permittee does not request a hearing within fourteen (14) calendar days of
the date the notice is deemed served, the decision of the Harbormaster, shall be
fmal.
3. Procedure for Revocation of Mooring Permits. If the Harbormaster
determines there are grounds for revocation of a mooring permit as provided in
subsection 17.70.020(A)(3), he/she shall provide written notice of the revocation
with service of the notice in accordance with Section 1.05.030, stating the grounds
for the action, the effective date of the decision and the right of the permittee to
appeal the decision to the Harbor Commission. The permittee shall have fourteen
(14) calendar days from the date on which notice is deemed served to request a
hearing. Mhe nati a shall sta4e the R nds f ,.. ,.,,t:o the date, A- o
deeisien, and the right of the pefmit4ee to appeal the deeision to the Hafber-
ESI - Commented [JMM413]: This appears to "Petition of
the last part of an earlier sentence.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Newport Beach Municipal Code
Chapter 17.70 ENFORCEMENT
Page 114/115
If the permittee does not request a hearing within fourteen (14) calendar days of
the date the notice is deemed served, the decision of the Harbormaster, shall be
final.
C. (Decision and Notice. Within a reasonable time of the conclusion of any
revocation hearing before the Harbor Commission, the Harbor Commission shall
render a decision. The City Clerk shall notify the permittee or applicant ofthe
decision of the Harbor Commission and serve the notice in accordance with
Section 1.05.030.1
D. Effective Date. Except as provided in subsections (13)(2) and (3), the
decision to revoke a permit shall become final once the time period for an appeal
or call for review has expired.
17.70.030 Impound of Vessels.
The Harbormaster may authorize the impound of a vessel or structure located in or
over the waters of Newport Harbor or the Pacific Ocean under any of the following
circumstances:
A. Unless otherwise permitted under this title, the vessel or structure is attached to
a mooring that is not the vessel or structure identified on the mooring permit.
B. An unpermitted vessel or structure is attached to a public mooring, dock, or
slip.
C. A vessel or structure is in violation of the anchorage or berthing
requirements of this title.
D. The vessel or structure is left unattended and is moored, docked, beached,
or made fast to land in a position that obstructs the normal movement of traffic
or in condition that creates a hazard to other vessels using the waterway, to
public safety, or to the property of another.
E. The vessel or structure interferes with, or otherwise poses a danger to,
navigation or to the public health, safety, or welfare.
F. The vessel or structure poses a threat to adjacent wetlands, legis levees,
sensitive habitat, any protected wildlife species, or water quality.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM414]: This would seem like it belong
after B. Le, above.
Commented IJMM4151: Those subsections don't really
provide any exception to this general rule. This, also, looks
like it could go at the end of B.1.
Newport Beach Municipal Code
Chapter 17.70 ENFORCEMENT
Page 1151115
G. A vessel or structure is found or operated upon a waterway with a registration
expiration date in excess of one (1) year before the date on which it is found or
operated on the waterway.
H. These vessel or structure is deemed 6bandone4 under this Code.
I. Federal or state law permits the City or any peace officer, lifeguard, or marine
safety officer employed by the City to remove, and, if necessary, store a vessel
removed from a public waterway.
J. The vessel or mooring permittee does not have proper insurance or owes a
debt to the City.
The City may charge or bring action in the courts of this state to recover any costs
pursuant to impounding a vessel or structure.
17.70.040 Other Remedies.
Notwithstanding the specific enforcement remedies referenced herein, the City
may undertake other enforcement action as provided in the Code, State or Federal
law to enforce the provisions of this title.
The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.
Commented [JMM416]: Except for 17.20.050, -- and
then only for vessels left unattended in the Pacific Ocean --
Title 17 seems to provide no basis for establishing when a
vessel is abandoned (compare to the extensive regulations of
Chapter 10.52 for abandoned land vehicles).
If this is intended to refer to a specific section used to deem
vessels or structures abandoned, it should probably say
which one.
January 28, 2020
Item No. 17
Subject: FW: Title 17 Review - Joseph Rink J-24
Joseph Rink
380 22nd St. Newport Beach, CA 92660
Permit Holder, Moorings J-24 And J-26
Cell: 949-677-8883
To whom it may concern,
Thank for the opportunity to comment on the draft Title 17. My name is Joseph Rink and I have held a mooring permit for
J-24 for over 40 years. I have been active in the review of Title 17 since the first of the year yet in 2019 1 have spent half
the time in Europe taking care of my elderly parents.
The vast majority of changes to Title 17 1 have no issue with. I want to state that i am not a Live -a -Board. As a Non -Live -
Aboard I can speak for the 93% of permit holders who use there vessels less than 24/7. The item that concerns me is
17.01 Definitions; Live -Aboard. I have been restoring a 50 year old wooden sailboat for many years and am close to
being able to use it for recreation (as opposed to restoration and maintenance). I the second review session of Title 17
(April 8, 2019) my comments are logged on page 4 of the summary. This was the proposal to extend the days per month
a Non -Live -Aboard can stay on his boat before he is considered a Live -Aboard. The proposal went back in fourth in
committee and eventually remained unchanged. I thought it best (for the 93% Non-Live-Aboards) to bring the topic up
again in that this will probably be the only chance to ever make this change. Following is a second statement I would like
added to the comment section.
Thanks in advance,
Joseph Rink, J-24 and J-26
Current Version
17.01 Definitions, Live -Aboard:
The term 'live aboard" shall mean the use of occupancy of a vessel as a domicile for a period exceeding Seventy-two
(72) hours in any thirty day period.
Proposed Change
Proposal is to change 3 Days to 6 Days for the new version of Title 17. This will be the only chance to do this for
many years.
Pros
1.0 This allows non live aboards the option to spend 3 weekends a month without risking a citation which is not
too much to ask for:
(A) retired permit holders who now have extra time an would like to spend it on there boat.
(B) those that have to travel long distances to Newport Beach,
(C) Those permit holders for numerous reasons including work location, long term boat projects that are finally completed
and others who after years can finally use their boat.
Cons to keep it at 3 days (Only two which have weak arguments)
1.0 With the current 3 day stay it is difficult to identify those that do not have live aboard permits yet are really
living aboard.
(A) Response: The change to 6 days would have no affect on the ability to identify illegal live-aboards. People that live
aboard illegally are easy for the enforcement group to spot, an increase from 3 to 6 days would only be used at any given
time by a few legal non live aboard permit holders.
(B) Response: Many Marina's have overnight stays limited to 12 Days / Mo. This idea was proposed in the first review of
Title 17 and actually had a part in having any increase being accepted. My opinion is it should have gone back to
committee to get an agreeable number of days. When I suggested the increase I originally thought 8 would be good to
cover 4 weekends per month.
2.0 There are not enough shore facilities to handle an increase from 3 days a month.
(A) Response: The average boat on the moorings is 40 feet. Boats of this length have Cooking and Sanitation up to
code. As with Live Aboards, all permit holder's boats can be inspected at any time and subject to violation if warranted.
(B) There is not enough parking: Response: We are talking about a handful of people spread out around the entire
harbor. If the Peninsula can handle 10,000+ cars on a summer day we should be able to handle a half a dozen or soon
some evenings.
Discussion:
Somehow in the review process the Definition of Live Aboards in 17.01 was mixed up with Live Aboards which is
17.40. The number of overnight stays was intertwined with half a dozen issues that had nothing to do with the number of
nights a Non Live Aboard Permit holder might stay on their boat. Please do not equate Mooring Permit holders in good
standing with with Illegal Live Aboards.
Thank you in advance for getting these comments to be included in the record.
Also, please acknowledge that this e-mail has been received.
Joseph Rink