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HomeMy WebLinkAbout07 - Changes to the Newport Beach Municipal Code, Title 17 — Harbor Code - CorrespondenceFebruary 11, 2020 Item No. 7 Subject: FW: Title 17 Review - Joseph Rink 1-24 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 Tifle 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 Received After Agenda Printed February 11, 2020 Item No. 7 Subject: FW: Title 17 Comments Attachments: Titlel7redline11719.Peotter Comments.17.60.pdf From: Scott Peotter <scott@taxfiehter.com> Sent: Saturday, February 08, 2020 1:48 AM To: Dept - City Council<CityCouncil@newportbeachca.Rov> Subject: Fwd: Title 17 Comments To: <citycouncil@newportca.Rov> Cc: Paul Blank <pblank@newportbeachca.Rov>,<scunningham@newportbeachca.Rov>, <ibeer@newportbeachca.Rov>, <wkenney@newportbeachca.Rov>, <dyahn@newportbeachca.Rov>, <mmarston@newportbeachca.Rov>, <sscully@newportbeachca.Rov>, Aaron Harp <aharp@newportbeachca.Rov> Dear City Council I know the Harbor Commission has been working on this a long time and that there is more work to do. I apologize for the late input, but I hope that you will consider this in your adoption this time around if possible. I know it may require a new first reading of the ordinance. I have made some comments on your adoption of Title 17, specifically section 17.60.060 Public Trust Lands, page 103 and 104 of 115 of the current redline version posted on the city website. In the proposed Ordinance, 17.60.060 Section A "Leases and Permits" adds paragraph 3, the last sentence which reads: "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, and to interpret waive provisions, and enter into amendments thereof." This seems to indicate that the city manager can unilaterally issue a Permit or Lease that would supersede the permit, public notice and public hearings required elsewhere in this title. The "Permits" in paragraph A.2. also doesn't specify what kind of permit it refers to. I would ask that you add some clarifying language specifying the type of permit that this section is referring to and also clarifying that other permits may still be required under either a lease or permit to use Public Trust Land. This will help protect the public hearing process prescribed by this title. I have attached a copy of current redline pages 103 and 104 with my comments (in green), as well as below: 1. Leases shall provide lessees with a leasehold interest in the property for a period of at least five (5) years, not to exceed a period of time as limited by the City Charter or applicable State law. Leases shall not eliminate or supersede the permit requirements found elsewhere in this Title. All leases are subject to having a valid permit for the leased premises. 2. Permits to use the public trust lands, and no other permits required under this Title, shall provide permittees with an interest in the property for a period of ten (10) years or less, to be determined in the sole and absolute discretion of the City. These premises and improvements granted use of Public rust Lands under these permits do not alleviate the need for other approvals or permits required under this Title. D SCOTT PEOTTER Newport Beach City Councilman Emeritus 949-250-7118 Sign up to receive my bi-weekly newsletter HERE 14252 Culver Drive, Suite A-305, Irvine, CA 92604 Newport Beach Murdcipal Code Chapter 17.60 HARBOR PERMITS AND LEASES Page 103/115 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. The sale or transfer of said permit shall comply with the requirements of subsections (13)(3), (E) and (F) of Section 17.60.040. 5. Non-compliance with the subsection (I) (4) (a) or (b) will constitute grounds for the Harbormaster to revoke the amendment to the mooring permit in accordance with Subsection 17.60.040(K). In the event that the Harbormaster determines that there are grounds to revoke the amendment to the mooring permit issued pursuant to this chapter, the Harbonnaster 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 penmittee's expense within thirty (30) days of written notification to do so. Rather than reverting back to the Citv upon such revocation, the mooring permittee may thereafter continue to use the mooring in accordance with all of the terms and conditions of the original offshore mooring permit and subiect to all of the terms and provisions of this title applicable to mooring permits. 17.60.050 Houseboats. 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 a houseboat for living quarters either permanently or on a temporary basis on the waters of Newport Harbor. 17.60.060 Public Trust Lands. T-140 F 11.11 ;.... apply to P440 4414 1. pd-"; ,pd -yr- @440,- ., „4 O 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 lease or permit with the City. 1. Leases shall provide lessees with a leasehold interest in the property for a period of at least five Layears, not to exceed a period of time as limited by the City Charter or applicable State law.LEASES SHALL NOT ELIMINATE/SUPERCEDE THE PERMIT REQUIREMENTS FOUND ELSEWHERE IN THIS TITLE. ALL LEASES SHOULD BE SUBJECT TO HAvING A vALID PERMIT FOR THE LEASED PREMISES. The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019. NEED TO SPECIFY O USE PUBLIC TRUST LANDS, NOT TO BE CONFUSED WITH OTHER THE KIND OF PERMIT Val Co PERMITS REQUIRED UNDER THIS TITLE page 104/115 THIS IS REFERRING TO)R P ITS AND LEASES 2. Permits all provide permittees with an interest in the property for a period of ten (10) years or less, to be determined in the sole and absolute discretion of the City. These premises and improvements granted use of Public rust Lands under these permits do not alleviate the need for other approvals or permits required under this Title. 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 Citv in a form approved by the Citv 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 Council) or in such form as is substantially similar thereto, provided, however that the City Manager may instead refer the matter to the City Council for consideration and approval. Furthermore, the Citv Manager or his or her designee, is authorized to implement such leases or permits on behalf of the City and to issue interpretations, and to interpret waive provisions, and enter into amendments thereof. B. Land Use. Leases and permits shall be for uses consistent with the public 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 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. 01o,..oa E. Commercial uses provided under this Tam 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 for a 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, fines, penalties, liabilities, costs and expenses of every kind and nature whatsoever The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019. Received After Agenda Printed February 11, 2020 Item No. 7 Subject FW'. Title 17 Attachments: Titlellred l HHH1719. Peotter Comments. 17.35.020 F pdf From: Scott Peotter 6mtt6DtaxfPhter.com> Sent: Tuesday, Febmary 11, 2020 2:35 PM To: Dept-CityCouncil <gtyCoun ch Scan ewp ortb each ca.g ov> Subject: Title 17 1 have attached the companion piece of the Title that governs the permits for docks that encroach in front of another upland propertyowner. I have highlighted the appropriate rection (paragraph F(. Since the issue is more complicated than an be resolved in the hearing tonight, my request is to have the council refer there sections to the Harbor Commission torevi ew and give a recommendation to the Oty Council asyou have already donewith the liveaboard portion amour last meeting. Thankyou for your consideration. SCOTT PE07ER Fortner Newport Beads Oty Councilman 949-250-7118 Sign up to receive my ofweeklynewsletter HERE 14252 C lver Drive, Suite A305, Irvine, CA 92604 l like to share a verse that l was reading.I hope It blesses you like It did me. an 251 Lord, You are my God: I will I will e thanks to Your name' For 0ormedlve ong ed ago, with pe Planzmimetl long ago, wM perleRfaltlrfulness Newport Beach Murdcipal Code Chapter 17.35 HARBOR DEVELOPMENT REGULATIONS Page 53/115 K. Special Event Permits. If a permittee proposes a use of Newportt4e hHarbor other than that allowed by this Cod he or she must first obtain a "special event permit," as provided by Chapter 11.03 of this h,— Code. Upon issuance of the special event permit, the City 4N@"94 4@ael- 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. Use Regulations. 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 (D) 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 Harbor Commission or Planning Commission as appropriate. 8. No new, noncommercial piers on Balboa Island shall be permitted, unless approved pursuant to Section 17.35.060. 9. The City shall provide harbor lines, parcel lines, parcel information, utility easements, and other pertinent information associated with the permitting process, via the City of Newport Beach website at: http://www.neWortbeachea.gov. The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019. Newport Beach Murdcipal Code Chapter 17.35 HARBOR DEVELOPMENT REGULATIONS Page 54/115 10. Permits may be granted for jot ownership piers at the prolongation of common lot lines. The permit for jot 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 a minimum 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 of 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. 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 described in the tidelands trust, and provided the patio complies with the following conditions: 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. Newport Beach Murdcipal Code Page 551115 Chapter 17.35 HARBOR DEVELOPMENT REGULATIONS 3. No float shall be permitted within one foot of the decks. 4. No permanent structure shall be permitted on the projecting portion of the patios except: a. Planters and benches not over sixteen (16) inches in height; and/or 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 (30) 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 locker and overall height to include the enclosed portion of the locker or box. E. Safety Requirements. 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 G:, Community Development Department. 4. All commercial piers, floats or docks used for the loading of passengers 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 Murdcipal Code Chapter 17.35 HARBOR DEVELOPMENT REGULATIONS Page 56/115 specified by the California Building Code 4 4A,@ to+4 ^ (0.54 feet e H441@^ 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 appy -a @ 19 t4@ 'Allrshall 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. G. Defective Piers. Upon learning that any pier is in a defective or dangerous condition, the Public Work Directoru��^ ^^^rto shall immediately so notify the owner or other person having charge of the same in writing, requiring such person or persons to immediately repair it or to put up barriers to prevent persons from going upon it. If such person shall fail or neglect to do so, the Public Works DirectoEgaF4^r 4�^^^rto 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, The Newport Beach Municipal Code is current through Ordinance 2019-10, passed June 25, 2019.