HomeMy WebLinkAbout14 - Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the NBMC and Other Related Provisions - PowerPointrrco�i
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October 27, 2020
Item No. 14
Ordinance No. 2020-27: Amending Chapter 17.40 (Live-Aboards) of
Title 17 (Harbor Code) of the Newport Beach Municipal Code and
Other Related Provisions
Agenda Item #14 — Presented to Newport Beach City Council for Consideration
October 27, 2020
Harbor Commission — City of Newport Beach
Background
• Harbor Commission conducted extensive review of
Title 17
• City Council adopted proposed updates on Jan. 28,
2020
• City Council requested additional review of
sections related to live-aboards in commercial
marinas
• Staff is also requesting City Council consider
adopting time limit clarifications related to use of
public anchorage
Live -Aboard Overview
• Live-aboards play a unique role in a marina or mooring field
setting
• Unique and fun living arrangement
• Can serve as an 'extra set of eyes and ears' in a marina or in a
mooring field.
• If expectations aren't established and live aboard programs
managed — unwanted issues can develop
• As it relates to liveaboard programs in commercial marinas — the
City's interest is understanding the scope of liveaboard activity,
responsible management of waste removal, vessel operability.
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Discussion
• Harbor Commission's Ad Hoc Committee held public stakeholder
meeting on the issue of live aboards in commercial marinas. The
issue was also heard at a public Harbor Commission meeting.
• March 2,2020 -Ad Hoc Committee Meeting
• August 26, 2020 - Ad Hoc Committee Meeting
• September 9, 2020 - Harbor Commission Meeting
• Based on input received from stakeholders and the Committee's
review — it became apparent that live aboards in commercial
marinas needed to be defined and dealt with differently than
live-aboards on off -shore moorings.
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Discussion cont.
Therefore, the Harbor Commission is recommending that the
current definition of "live-aboards" be retained for live-aboards on
offshore moorings but that an additional definition for live-aboards
in commercial marinas be added as follows:
17.01.030 Definition of Terms.
2. Live -Aboard. The term ""live -aboard -shall mean the use or
occupancy of a vessel as a domicile or for human habitation; a)
while at its 'WEdock h���", ^T mooring for a period exceeding
seventy-two (72) hours in any thirty (30) day consecutive period
orb) at its dock or berth for a period exceeding one -hundred -
eighty (180) days in any three hundred sixty-five (365) day period.
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Discussion cont.
• The Harbor Commission is recommending
• Current limits on the number of live-aboards
allowed on off -shore moorings be retained
unchanged
• That no limit be placed on the number of live-
aboards allowed in commercial marinas
• Live aboard permitting requirement would apply
to both live-aboards in marinas and off -shore
mooring fields.
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Discussion cont.
Staff is also requesting clarification regarding Section
17.25.020 —Anchorage, Berthing and Mooring
Regulations
• Anchoring a vessel is only allowed in designated
anchorages, and the vessel must be attended to at
all times (with the exception of daytime shore
excursion of no more than three hours).
• Clarifying expectation that use of public anchorage is
limited to seventy-two (72) hours in any thirty (30)
day period, unless written permission stating
otherwise is obtained from Harbormaster.
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Anchorage Overview
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Anchorage Overview
Newport Pier
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Anchorage Overview
• Establishes a 72 hour standard for anchorage, consistent to
existing standard in place for open ocean anchorage off CDM
• Improves safe use of the anchorage
• Improves shared use of the anchorage
• Anchorage's location near residential homes factors
• Newport Harbor has unique set of offerings in addition to the
anchorage
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Ordinance No. 2020-27: Amending Chapter 17.40 (Live-Aboards) of
Title 17 (Harbor Code) of the Newport Beach Municipal Code and
Other Related Provisions
Agenda Item #14 — Presented to Newport Beach City Council for Consideration
October 27, 2020
Harbor Commission — City of Newport Beach