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Home My WebLink About17 - Proposed Changes to the Newport Beach Municipal Code, Title 17 — Harbor Code - PowerPoint7"K January 28, 2020 Item No. 17 Newport Beach City Council January 28, 2020 • Harbor Commission formed an Ad -Hoc Committee in 2018 to review Title 17. • Purpose: Conduct a thorough review of the existing code, identifying potential areas for modification. • Public participation was established as a central goal in the Title 17 review. Extensive community outreach took place, helping inform the process. �fl Bill Kenny Ad -Hoc Committee Chair Harbor Commissioner first appointed 6/14 Paul Blank Harbor Commissioner first appointed 6/12 Don Yahn Harbor Commissioner first appointed 6/18 0 Six (6) public meetings were held, between 4/19 and 10/19, allowing for an in-depth review of the entire Code. A new section of the City website was established to encourage participation and promote transparency - including meeting dates, links to all prior public comments, red -line working drafts of proposed updates and solicited written comments from those unable to attend meetings in person. City of Newport Beach - City Hall 117, J-21 0 Monday, June 24 at 6 p m_, the Harbor Commission Ad -Hoc Committee will be going overthe second part of Title 17 draft revisions at Marina Park_ For more information, check out http i1bit ly/2lwr075 4,Y'�L Examples of social media posts, used as part of the public information campaign. -rz: (40 City of Newport Beach - City Hall MaY 12.0 ... Friendly Reminded Tomorrow, May 13 at 6 p m_, the Harbor Commission Ad -Hoc Committee will gather the community's Input on the second pad of Title 17 review at will Park. For more information, check out hill, J/bitty/2DV5r lh Six (6) public meetings were held, between 4/19 and 10/19, allowing for an in-depth review of the entire Code. A new section of the City website was established to encourage participation and promote transparency - including meeting dates, links to all prior public comments, red -line working drafts of proposed updates and solicited written comments from those unable to attend meetings in person. NEWPORT BEACH Soh... G NT IAM A... HOW -1 T-. 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Boaters, community members, mooring permittees and others in attendance at the April 81 Title 17 Review meeting. (Photo courtesy of Sara Hall) aE_ • The structure established to collect public input was as follows: Entire Harbor Code Title 17 Review Meeting #1 /Feedback Written Input Block 1 Meeting #2 / Review Draft Additional Meeting #1 / Feedback + Review I � Ad -Hoc Written Input Block 2 Committee Meeting #2 /Review Draft Review Meeting #1 / Feedback Review Written Input Block 3 - E Meeting #2 / Review Draft] � Public review of the Major sections of Two public meetings were entire code at once the Code were hosted for each content was not deemed divided into two block. In addition written practical review blocks input was collected Ad -Hoc Committee develops recommendations Harbor Commission Revi Harbor Commission finalizes recommendations City Council Action City Council considers recommendations Code Sections reviewed in "block one" meetings included... Definitions (17.01) Berthing, Mooring and Storage (17.25) Harbor Development Regulations (17.35) General Provisions (17.05) Harbor Use Regulations (17.30) Code Sections reviewed in "block two" meetings included... Live -Aboard (17.40) Harbor Development Permits (17.50) Harbor Permits and Leases (17.60) Enforcement (17.70) Sanitation (17.45) Dredging Permits (17.55) Appeals (17.65) Code Sections reviewed in "block three" meetings included... Marine Activities Permits (17.10) • Creating a public hearing process • Public dock use rules • Live -aboard boater/vessel requirements • Administering requests for mooring size extensions • Commercial marina requirements • Number of allowable overnight stays for non live -aboard boaters • Clarifying appeals processes • Harbor water quality issues Updates to Duties of the Harbormaster Updates to Duties of the Public Works Director Updates to Duties of Community Development Director Inclusion of public hearing requirements. Expanded authority for Harbormaster to install temporary sea lion deterrent measures, in the event permittee cannot be reached. In the event the permittee (boat owner) cannot be reached to promptly address sea lion deterrents, recommendations would allow Harbor Department staff install temporary deterrents at owner's expense. • Proposed updates call for additional public notice requirements in situations where modifications are proposed to Harbor structures. • One such recommendation clarifies notification requirements to owners or long-term lessees of abutting upland properties when proposed pier and float projects encroach in front of these properties. S Public notice requirements for proposed Harbor Development projects were updated as part of the recommended changes to Title 17. • Sets live -aboard activities in commercial marinas to 7% of all marina slips. • Revises terms of renewal, in which permittees must be in good standing. • Requires live-aboards use a commercial pump out service (or other accountable system approved by Harbormaster) and updates pump -out log requirements. • Vessels will be subject to periodic dye tablet testing. • Clarifies trash disposal requirements. Harbor Department staffer poses with live -aboard boater, following their 2019 vessel inspection. • The number of allowable overnight stays for non -live aboard vessels was the focus of significant discussion during the review process. • While several alternatives were considered, ultimately no changes were recommended to the current standard, which permits up to three overnight stays per month, by non -live aboard off -shore mooring permittees. • Guest boaters making use of the department's sub -permit process will continue to be granted up to 15 overnight stays in a twelve month period. Recommendation would allow for exceptions to be considered by the Harbormaster on a case by case basis. Modifying the number of allowable overnight stays for non -live -aboard permittees was considered as part of the Title 17 review, but ultimately the current standard of up to three nights per month was recommended unchanged. • Allows the City to conduct dye tablet testing aboard vessels on permitted moorings. • Clarifies rules associated with loaning moorings. • Establishes a methodology for mooring extensions requests. Recommended code updates propose establishing methodology for mooring extension requests. Vessels are moored in defined fields. As such extending vessel lengths can impact fairways used by neighboring vessels or otherwise congest the mooring fields. Policy recommendation will advance to Council in February. Proposal allows Harbormaster to amend off -shore permits up to five feet (provided established criteria are met). Requests beyond five feet require consideration by Harbor Commission. Recommendations guard against using mooring extension process as a means to conduct speculative activities — intended less to accommodate vessel length requirements, and instead to increase the perceived value of the permitted mooring. I 5 THE vz WEDGE m Recommendations provide for an understandable methodology associated with considering mooring extension requests. • Proposal allows the City to place dye tablets in sanitation device of any visiting vessel (17.45) • Requires an operable marine sanitation device and holding tank for vessels considered for live -aboard permits (17.40) • Requires live -aboard boaters to contract with commercial service provider (or other accountable system approved by Harbormaster) as well as making service logs available to City for review. (17.40) Harbor Department staffer conducting a test of one of the Harbor's public pumpout stations. • Provides procedures for the appeal of decisions of the Public Works Director, Community Development Director, Harbormaster and Harbor Commission as related to Title 17 codes. • Clarifies that Harbor Commission and/or City Council shall serve as the hearing body for the purposes of appeals. • Recommended updates are intended to provide clear processes for individuals exercising their due process rights to appeal decisions of staff and/or commission. Harbor Commission or City Council serve as the hearing body for appeals under Title 17 recommendations. lips ft t. kiwi Newport Beach City Council January 28, 2020