HomeMy WebLinkAbout03 - Amending the NBMC Pertaining to Live-Aboards, On -Shore Moorings, and Other Miscellaneous ProvisionsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q4�:09 City Council Staff Report
April 26, 2022
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Paul Blank, Harbormaster, (949) 270-8158
pblank@newportbeachca.gov
PREPARED BY: Paul Blank, Harbormaster,
pblank@newportbeachca.gov
PHONE: 949-270-8158
TITLE: Ordinance No. 2022-9: Amending the Newport Beach Municipal Code
Pertaining to Live-Aboards, On -Shore Moorings, and Other
Miscellaneous Provisions
ABSTRACT:
As one of its annual objectives, the Harbor Commission tasked itself with reviewing and
recommending revisions to Title 17 of the City of Newport Beach Municipal Code. During
the review, other sections of the Newport Beach Municipal Code were also considered
for revision. The recommend changes are intended to assist staff and the Harbor
Commission when considering operations, permitting and code enforcement in Newport
Harbor. The Harbor Commission approved these revisions at its February 9, 2022
meeting. City Council reviewed the proposed changes at its April 12, 2022 meeting and
directed further community input and Harbor Commission review of the proposed
revisions related to raft -ups. Therefore, the proposed amendments before City Council
tonight exclude any changes for raft -ups, which will return to City Council at a later date.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-9, An Ordinance of the City Council of Newport Beach, California, Amending
Sections 1.12.020, 17.01.030, 17.10.060, 17.25.010, 17.25.020, 17.40.030,
17.45.020, 17.60.040, 17.65.010 and 17.70.050 of the Newport Beach Municipal
Code Pertaining to Live-Aboards, On -Shore Moorings, and Miscellaneous Provisions,
and pass to second reading on April 12, 2022.
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Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Live-Aboards, On -shore Moorings, and Other Miscellaneous Provisions
April 26, 2022
Page 2
DISCUSSION:
In accordance with the Harbor Commission's charge under Section 713 of the Newport
Beach City Charter to advise the City Council on matters relating to the use, control,
operation and regulation of Newport Harbor, a subcommittee of the Commission worked
on recommendations for improvements to Title 17 of the Newport Beach Municipal Code.
The subcommittee responsible for Harbor Commission Objective 1.1 solicited
suggestions from other Commissioners, community members and Harbor Department
staff. Those suggestions were collected and compiled into the attached "CNB MC
Amendments 2022-02 — various" documents.
The recommended revisions to the municipal code include amending the provisions for
anchoring, mooring, and live-aboards; amending the regulations regarding noise, speed
limits, pier use, and fueling; and amending the City of Newport Beach's (City's) ability to
enforce the provisions of Title 17, including establishing fines for specific infractions
related to abandoning vessels in Newport Harbor.
The recommendations related to mooring sub -permits will make Newport Harbor a more
attractive short-term destination for vessels transiting north and south along the Pacific
Coast. Mariners can better make use of local services and purchase supplies for the next
leg of their voyage with some relaxed restrictions on how long they can stay aboard their
vessels in the harbor.
Fueling via vessels specifically designed and permitted for that purpose is a great
convenience to many mariners. The recommended revision will allow the practice to
continue.
With a year of experience now behind the City with the new Marine Activities Permit
(MAP) conditions and practices, the Harbor Commission and staff felt it wise to make the
language within the Municipal Code more consistent with that in the permits with respect
to noise and speed when operating in the harbor. Further, the recommended changes
reflect a wider variety of ways for permittees to comply with the code as it relates to use
of marine sanitation and pump -out systems appropriate to their operations.
The recommended revisions also allow the Harbormaster and Code Enforcement officials
to apply Municipal Code sections outside Title 17 but related to harbor uses such as those
for nuisances and water quality. The recommended revisions will bring the City into
compliance with California State law associated with grant funds used to destroy
abandoned or surrendered vessels for which the City takes responsibility.
The suggested revisions were approved unanimously by the Harbor Commission at its
meeting on February 9, 2022. The approved recommendations are now ready for City
Council consideration.
The recommended revisions and the associated rationale for proposing them are included
in Attachment A. A clean version of the proposed revisions is also provided as
Attachment B.
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Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Live-Aboards, On -shore Moorings, and Other Miscellaneous Provisions
April 26, 2022
Page 3
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this ordinance.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — NBMC Amendments 2022-02 — various (redline)
Attachment B — NBMC Amendments 2022-02 — various (clean)
Attachment C — Ordinance No. 2022-9
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ATTACHMENT A
PROPOSED AMENDMENTS TO TITLE 17 AND RELATED AMENDMENTS
TO OTHER SECTIONS OF THE NBMC (STRIKEOUT) Underline
= new text / Strmkeei A = deleted text
LIVE-ABOARDS; TRANSIENT BOATERS; SUB -PERMITTEES
1. Amend Section 17.40.030, pertaining to live -aboard permits, to read as follows:
No person shall live aboard any vessel in Newport Harbor 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 pursuant to Chapter 17.60 or a valid
rental agreement from a commercial marina. No permit shall be issued to any
liveaboard which is not intended to serve as the principal residence of the permittee.
For purposes of this section, "principal residence" shall mean: (A) with respect to a
mooring permittee, to live aboard for not less than two hundred forty-three (243) days
in any calendar year; or (B) with respect to the tenant of a commercial marina with a
valid rental agreement, to live aboard for a period not less than one hundred eighty
(180) days in any three hundred sixty-five (365) day period. Notwithstanding the
foregoing, a sub -permittee of an off -shore mooring under Section 17.60.040 who is in
good standing may live aboard, subiect to and upon compliance with the requirements
set forth Section 17.40.070(A). The ability of a sub -permittee to live aboard may be
revoked at the discretion of the Harbormaster. The decision of the Harbormaster shall
be final and non -appealable.
Discussion: Newport Harbor is common and important stop for vessels
transiting north and south along the California coast. Transiting boaters are
prohibited from spending more than 3 nights aboard their vessels in any 30 -day
period. The City desires to allow transient boaters who live aboard their vessels
to stop in Newport Harbor for limited periods of time without the added
expense of having to obtain alternative lodging.
2. Amend Section 17.60.040(K)(1) to remove sub -permits, to read as follows:
1. The grounds and procedure for revocation of a mooring permit eF sub per„-, t are set
forth in Section 17.70.020.
Discussion: Sub -permits are currently subject to termination at any time for any
reason and requiring the revocation procedure of Section 17.70.020 is
inconsistent as well as infeasible due to the short duration of sub -permits.
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3. Amend Section 17.60.040(H), pertaining to the issuance of mooring sub -permits, to
read as follows:
H. Procedures for Mooring Sub -Permit Issuance. ARy HawFal peFseR wishing to bis^
.'e ISSHaRee 4_
subpeFmitagreemeRt I.Vith the City that iRGIYdes-tom fellewiRg Issuance of a mooring
subpermit shall be subiect to the following conditions:
1. Provision of a A written representation of the mooring sub-permittee's
vessel length which shall be satisfactory to the Harbormaster;
^^ agreem^^+ The mooring sub -permittee agrees 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 Terme -the meeFiRg subpeFmi met provide proof of insurance as may
be determined by the City's Risk Manager; to Fequire provide registration or other proof
of ownership; to require provide 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 shall arrange for the repair of the mooring 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
subpermittee. Also, the City shall make available a mooring without charge for the
returning vessel of the mooring permittee until such time as their permitted mooring is
repaired;
4. The mMooring 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
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of a mooring sub -permit agreemeRt for any reason. Mooring sub -permittees accept an
indefinite term at their own risk. The decision by the Harbormaster to terminate a
subaermit shall be final and non-aaaealable:
The mooring sub -permit rent will be based on a rate established by
resolution of the City Council; and
7. Mooring sub -permits shall he are offered to the public on a first-come,
first-served basis. City owned and operated moorings may be reserved in advance.
Discussion: The revision removes reference to "agreement" in order to clarify
that a separate document is not required in addition to the sub -permit.
FUELING
6. Amend Section 17.25.010(E), pertaining to docking regulations, to read as follows:
E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum
product directly from a tank, wagon or truck except by a certified vessel designed for
such purpose and with a conditional use permit or marine activities permit.
Discussion: The revision provides for the delivery of marine fuel by vessel(s)
specifically designed and permitted for that purpose, which is an important
service and significant convenience for the harbor community.
MARINE ACTIVITIES PERMITS: NOISE; SPEED LIMIT; PUMP -OUT FACILITIES
7. Amend Section 17.10.060(8), pertaining to mandatory conditions on marine activities
permits, to revise the noise restrictions in paragraph (5) and to add new paragraph
(16) requiring compliance with the harbor speed limit, to read as follows:
B. All permits issued pursuant to this chapter are subject to the following standard
conditions:
5. Music and sound from the vessel shall he P_^n+r„iio,_ S„ n„++„ (104-rh
peFsen of nermal seRsitivity at a point one hundFed (100) feet fFern the hull of
te=nor not be loud and unreasonable and shall comply with the standards
and requirements of Chapters 10.28 and 10.32.
16. All vessels shall obey the speed limit of Section 17.20.020(A) and operate
safelv at all times while on the waters of Newoort Harbor.
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Discussion: The revision to paragraph (5) clarifies the level of music or sound
permissible on vessels with marine activities permits and makes the language
consistent with that in other parts of Code chapters 10.28 and 10.32. The
addition of paragraph (16) codifies the requirement that vessels with marine
activities permits obey the Harbor speed limit and operate safely on the Harbor.
This condition is typically placed on the marine activities permit but having them
codified alongside other typical conditions provides consistency between the
Code and the permits.
8. Amend Section 17.45.020(A) pertaining to required pump -out facilities to read as
follows:
A. All sailing clubs, marinas with a capacity of fifty (50) or more vessels, and MaFiR^
activity permittees „ ed ; idiR g vessels fe.- le -ase A_.r charter shall install a vessel
waste pump -out system solely for the use of vessels associated with that activity. The
pump -out facility shall be installed on dock space under the control of the club, marina
or permittee with convenient access to all vessels owned, leased or chartered by the
club, marina or permittee. The pump -out facility shall have a capacity commensurate
with the capacity of the holding tanks of the vessel or vessels of the club, marina or
permittee.
Discussion: The revision removes the requirement that charter operators, some
of which don't have marine sanitation devices on the vessels they charter, have
a waste pump -out station at the site of their operations. There are other
provisions in the Code that require all charter operators to make use of marine
sanitation and pump -out systems appropriate to their operations.
ENFORCEMENT; ADMINISTRATIVE CITATIONS
9. Amend Section 1.05.020(F) pertaining to administrative citation fines by adding
Section 17.25.020(M) (Raft -ups) to the list of violations and by reordering the list of
citations, to read as follows:
In the case of administrative citations issued for violations of Chapter 5.28 [Live
Entertainment Establishments]; Chapter 5.32 [Cafe Dances]; Chapter 5.95 [Short Term
Lodging Permit]; Section 10.50.020(H) [violation of terms or conditions of a use permit
issued by the City]; Section 14.36.030 resulting in bay or beach closure [Illicit
Connections and Prohibited Discharges]; Chapter 17.10 [Marine Activities Permit];
Section 17.25.020(M) [Raft -ups]; Section 17.45.030 [Waste and Refuse]; California Fire
Code Section 107.5 (as adopted by Section 9.04.010); California Fire Code Section
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107.5.1 (as adopted by Section 9.04.010); Seeger 1:7.45.030 ren rite -,nd- Ref se4
Ghap+„r 1:7.10 [M@F;R„ A,.A;. hies PeH44 administrative fines shall be assessed in the
following amounts when authorized by the City Manager or his or her designee: [.... ]
Discussion: The addition of the new section pertaining to raft -up permits will
allow violations to be assessed higher administrative fines.
10. Amend Section 1.12.020(E) pertaining to authority of public officers or employees to
issue citations, to read as follows:
E. The Community Development Director, Public Works Director, Harbormaster and
code enforcement staff within said departments, as designated by the Directors, shall
have the power to issue citations for any violation of this Code.
Discussion: Various other sections of the Newport Beach Municipal Code affect
and apply to Newport Harbor, such as: business licenses (Section 5.04.020),
signage (Section 5.11.010), feeding of waterfowl (Section 7.26.030), nuisances
(Section 10.50.020), and water quality (Section Chapter 14.36). This revision
allows the Harbormaster and Harbor code enforcement officers to issue notices
of violation and administrative citations for those other sections and not just for
violations of Title 17, the Harbor Code.
11. Amend Section 17.70.050 (Other Remedies) to allow administrative citations and fines
for abandoned vessels, to read as follows:
17.70.050 Citations; Other Remedies.
A. The owner of a vessel deemed abandoned under Section 17.70.040 may be
issued an administrative citation and assessed an administrative fine of 51.000.
B. 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.
Discussion: This revision will allow Harbor staff to issue citations and impose a
higher fine against owners of abandoned vessels.
19���li�ilt�i�•I:Z•1► ��.L•1.1�i�iL•Z•I.�li, [��
12. Amend Section 17.25.020(H)(1), pertaining to anchorage, berthing and mooring
regulations, in its entirety to read as follows:
1. Anchoriniz and Mooring.
a. Except as provided herein, all vessels anchored on either the open waters
of the Pacific Ocean or in any portion of Newport Harbor shall be anchored in
such a manner so that the vessel does not come in contact with another vessel
or structure. Two anchored vessels may secure to each other while in a City
established anchorage area without having to obtain a permit. All vessels
anchored in Newport Harbor in designated anchorage areas shall be anchored in
such a manner so that the vessel does not extend beyond the demarcation line
of the designated anchorage area.
b. All vessels using moorings in Newport Harbor shall be securely tied to a
mooring from bow and stern in such a manner as to prevent the vessel 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.
Vessels using on -shore moorings shall not exceed a length of 18 feet and a beam
of 8 feet.
Discussion: The vessel limit for on -shore moorings is a codification of a
Department practice. The other changes are non -substantive; the language
remains the same and the heading has only been rephrased.
CLARIFICATION/CLEAN-UP
13. Amend Subsections 17.65.010(A) and (C), pertaining to appeals and calls for review, to
read as follows:
17.65.010 Authorization.
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, Risk
Manager, Harbormaster and Harbor Commission under this title.
A. Decisions of the Public Works Director, Community Development Director, Risk
Manager, and/or Harbormaster resulting from his or her administration of this title may
be appealed to the Harbor Commission by any interested person, except as otherwise
provided herein.
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C. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions resulting from the Public Works Director,
Community Development Director and/or Harbormaster's administration of this title,
except as otherwise provided herein. The purpose of the call for review is to bring the
matter in front of the entire body for review.
Discussion: The revision is to maintain consistency with those provisions of Title
17 wherein the Harbormaster has authority to make decisions that are final and
non -appealable.
14. Amend Section 17.25.020(H)(3), pertaining to anchorage, berthing and mooring
regulations, to read as follows:
3. Vessel Condition—Public Nuisance. No person owning, leasing, occupying or
having charge or possession of any vessel in Newport Harbor shall maintain, permit,
cause or allow to exist on such vessel any of the following conditions: [.... ]
Discussion: The revision clarifies that all vessels on Newport Harbor are subject
to the vessel condition requirements, not just vessels on a mooring or anchored.
15. Amend Section 17.25.010(C)(1)(b), pertaining to docking time limits and rules, to read
as follows:
b. Green markings shall mean vessels may be tied up or secured for three (3) hours
maximum.
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ATTACHMENT B
PROPOSED AMENDMENTS TO TITLE 17 AND RELATED AMENDMENTS TO THE NBMC
1.05.020 Authority and Administrative Citation Fines.
F. In the case of administrative citations issued for violations of Chapter 5.28 [Live
Entertainment Establishments]; Chapter 5.32 [Cafe Dances]; Chapter 5.95 [Short Term Lodging
Permit]; Section 10.50.020(H) [violation of terms or conditions of a use permit issued by the
City]; Section 14.36.030 resulting in bay or beach closure [Illicit Connections and Prohibited
Discharges]; Chapter 17.10 [Marine Activities Permit]; Section 17.25.020(N) [Raft -ups]; Section
17.45.030 [Waste and Refuse]; California Fire Code Section 107.5 (as adopted by Section
9.04.010); California Fire Code Section 107.5.1 (as adopted by Section 9.04.010), administrative
fines shall be assessed in the following amounts when authorized by the City Manager or his or
her designee:
1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations.
E. The Community Development Director, Public Works Director, Harbormaster and code
enforcement staff within said departments, as designated by the Directors, shall have the
power to issue citations for any violation of this Code.
17.10.060 Power to Impose Conditions—Hold Harmless.
B. All permits issued pursuant to this chapter are subject to the following standard
conditions:
5. Music and sound from the vessel shall not be loud and unreasonable and shall
comply with the standards and requirements of Chapters 10.28 and 10.32.
16.All vessels shall obey the speed limit of Section 17.20.020(A) and operate safely at all times
while on the waters of Newport Harbor.
17.25.010 Docking Regulations.
C. Time Limits and Rules.
1. [Unchanged.]
1
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b. Green markings shall mean vessels may be tied up or secured for three
(3) hours maximum.
E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum product
directly from a tank, wagon or truck except by a certified vessel designed for such purpose and
with a conditional use permit or marine activities permit.
17.25.020 Anchorage, Berthing and Mooring Regulations.
H. Mooring, Anchoring and Vessel Condition Requirements.
Anchoring and Mooring.
a. Except as provided herein, all vessels anchored on either the open waters
of the Pacific Ocean or in any portion of Newport Harbor shall be anchored in
such a manner so that the vessel does not come in contact with another vessel
or structure. Two anchored vessels may secure to each other while in a City
established anchorage area without having to obtain a permit. All vessels
anchored in Newport Harbor in designated anchorage areas shall be anchored in
such a manner so that the vessel does extend beyond the demarcation line of
the designated anchorage area.
b. All vessels using moorings in Newport Harbor shall be securely tied to a
mooring from bow and stern in such a manner as to prevent the vessel 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.
Vessels using on -shore moorings shall not exceed a length of 18 feet and a beam
of 8 feet.
2. Vessel Condition. [Unchanged.]
3. Vessel Condition—Public Nuisance. No person owning, leasing, occupying or
having charge or possession of any vessel in Newport Harbor shall maintain,
permit, cause or allow to exist on such vessel any of the following conditions:
17.40.030 Permits Required.
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No person shall live aboard any vessel in Newport Harbor without first having obtained a
liveaboard permit from the Harbormaster. No live -aboard permit shall be issued except to a
person holding a valid mooring permit issued pursuant to Chapter 17.60 or a valid rental
agreement from a commercial marina. No 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: (A) with respect to a mooring permittee, to live aboard for not
less than two hundred forty-three (243) days in any calendar year; or (B) with respect to the
tenant of a commercial marina with a valid rental agreement, to live aboard for a period not
less than one hundred eighty (180) days in any three hundred sixty-five (365) day period.
Notwithstanding the foregoing, a sub -permittee of an off -shore mooring who is in good
standing may live aboard if the vessel passes dye tablet tests of its marine sanitation device. A
dye tablet test shall be performed at the beginning of each sub -permit period and Harbor staff
may board the vessel at any time to perform a dye tablet test if they believe or have reason to
believe that waste is being actively discharged into the Harbor. The ability of a sub -permittee to
live aboard may be revoked at the discretion of the Harbormaster.
17.45.020 Required Pump -Out Facilities.
A. All sailing clubs, marinas with a capacity of fifty (50) or more vessels shall install a vessel
waste pump -out 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, marina or permittee with
convenient access to all vessels owned, leased or chartered by the club, marina or permittee.
The pump -out facility shall have a capacity commensurate with the capacity of the holding
tanks of the vessel or vessels of the club, marina or permittee.
17.70.040 Abandoned Vessels or Structures.
Any vessel or structure that has been impounded pursuant to Section 17.70.030 that has not
been claimed by the owner, or has been claimed by the owner and the owner has not paid the
impound fees owed to the City for a period in excess of thirty (30) days, shall be deemed
abandoned and may be disposed of by the City in any manner prescribed by law. In accordance
with Section 525(a) through (c) of the California Harbors and Navigation Code the
Harbormaster may issue the last registered vessel owner a citation for abandonment of the
vessel and impose a fine of not less than $1,000 nor more than $3,000 for violation of this
section.
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ATTACHMENT C
ORDINANCE NO. 2022-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS
1.12.020, 17.10.060, 17.25.010, 17.25.020, 17.40.030,
17.45.020, 17.60.040, 17.65.010, AND 17.70.050 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
LIVE-ABOARDS, ON -SHORE MOORINGS, AND
MISCELLANEOUS PROVISIONS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed
by any law of the State of California;
WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended ("Beacon Bay
Bill"), the City of Newport Beach ("City") acts on behalf of the State of California as the
trustee of tidelands located within the City's limits, including Newport Harbor;
WHEREAS, the City has adopted rules and regulations for Newport Harbor, which
are contained in Title 17 (Harbor Code) ("Title 17") of the Newport Beach Municipal Code
("Code" or "NBMC");
WHEREAS, the Harbor Commission recommends amending Title 17 to provide
visiting boaters an alternative to searching for accommodations while on vacation, provide
for additional regulation of certain activity within Newport Harbor and to clarify existing
provisions;
WHEREAS, amendments to the City's general code enforcement provisions
contained in Title 1 (General Provisions) of the Code will permit Harbor Department staff
to enforce provisions of the Code outside of Title 17 that are applicable to Newport Harbor,
and
WHEREAS, the City shall file a copy of this ordinance with the California
Department of Boating and Waterways prior to its adoption and at least thirty (30) days
prior to its effective date, as required by California Harbor and Navigations Code Section
660(a).
NOW THEREFORE, the City Council of the City of Newport Beach does ordain as
follows:
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Ordinance No. 2022-9
Page 2 of 8
Section 1: Subsection (E) of Section 1.12.020 (NBMC Authority of Public
Officers or Employees to Issue Citations) of Chapter 1.12 (Citations and Warrants) of Title
1 of the Code is hereby amended to add the Harbormaster, to read as follows:
E. The Community Development Director, Public Works Director, Harbormaster and
code enforcement staff within said departments, as designated by the Directors, shall
have the power to issue citations for any violation of this Code.
Section 2: Subsection (B) of Section 17.10.060 (Power to Impose Conditions—
Hold Harmless) of Chapter 17.10 (Marine Activities Permit) of Title 17 of the Code is
amended to revise paragraph (5) and add new paragraph (16), to read as follows:
B. All permits issued pursuant to this chapter are subject to the following standard
conditions:
5. Music and sound from the vessel shall not be loud and unreasonable and
shall comply with the standards and requirements of Chapters 10.28 and 10.32.
16. All vessels shall obey the speed limit of Section 17.20.020(A) and operate
safely at all times while on the waters of Newport Harbor.
Section 3: Subparagraph (b) of Paragraph (1) of Subsection (C) (Time Limits
and Rules) of Section 17.25.010 (Docking Regulations) of Chapter 17.25 (Berthing,
Mooring and Storage) of Title 17 of the Code is amended to read as follows:
C. Time Limits and Rules.
1. [Unchanged.]
b. Green markings shall mean vessels may be tied up or secured for
three (3) hours maximum.
Section 4: Subsection (E) of Section 17.25.010 (Docking Regulations) of
Chapter 17.25 (Berthing, Mooring and Storage) of Title 17 of the Code is amended to
read as follows:
E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum
product directly from a tank, wagon or truck except by a certified vessel designed for such
purpose and with a conditional use permit or marine activities permit.
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Ordinance No. 2022-9
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Section 5: Paragraphs (1) and (3) of Subsection (H) (Mooring, Anchoring and
Vessel Conditions Requirements) of Section 17.25.020 (Anchorage, Berthing and
Mooring Regulations) of Chapter 17.25 (Berthing, Mooring and Storage) of Title 17 of the
Code are amended to read as follows:
H. Mooring, Anchoring and Vessel Condition Requirements.
1. Anchoring and Mooring.
a. Except as provided herein, all vessels anchored on either the open
waters of the Pacific Ocean or in any portion of Newport Harbor shall be
anchored in such a manner so that the vessel does not come in contact with
another vessel or structure. Two anchored vessels may secure to each
other while in a City established anchorage area without having to obtain a
permit. All vessels anchored in Newport Harbor in designated anchorage
areas shall be anchored in such a manner so that the vessel does not
extend beyond the demarcation line of the designated anchorage area.
b. All vessels using moorings in Newport Harbor shall be securely tied
to a mooring from bow and stern in such a manner as to prevent the vessel
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. Vessels using on -shore moorings shall not
exceed a length of 18 feet and a beam of 8 feet.
2. [Unchanged.]
3. Vessel Condition—Public Nuisance. No person owning, leasing, occupying
or having charge or possession of any vessel in Newport Harbor shall maintain,
permit, cause or allow to exist on such vessel any of the following conditions:
[Remainder of section unchanged.]
Section 6: Section 17.40.030 (Permits Required) of Chapter 17.40 (Live-
Aboards) of Title 17 of the Code is amended to read as follows:
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17.40.030 Permits Required.
No person shall live aboard any vessel in Newport Harbor 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 pursuant to Chapter 17.60 or a valid
rental agreement from a commercial marina. No 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: (A) with respect to a mooring permittee,
to live aboard for not less than two hundred forty-three (243) days in any calendar year;
or (B) with respect to the tenant of a commercial marina with a valid rental agreement, to
live aboard for a period not less than one hundred eighty (180) days in any three hundred
sixty-five (365) day period. Notwithstanding the foregoing, a sub -permittee of an off -shore
mooring under Section 17.60.040 who is in good standing may live aboard, subject to and
upon compliance with the requirements set forth Section 17.40.070(A). The ability of a
sub -permittee to live aboard may be revoked at the discretion of the Harbormaster. The
decision of the Harbormaster shall be final and non -appealable.
Section 7: Subsection (A) of Section 17.45.020 (Required Pump -Out Facilities)
of Chapter 17.45 (Sanitation) of Title 17 of the Code is amended to read as follows:
A. All sailing clubs and marinas with a capacity of fifty (50) or more vessels shall install
a vessel waste pump -out system solely for the use of vessels associated with that activity.
The pump -out facility shall be installed on dock space under the control of the club or
marina with convenient access to all vessels owned, leased or chartered by the club or
marina. The pump -out facility shall have a capacity commensurate with the capacity of
the holding tanks of the vessel or vessels of the club or marina.
Section 8: Subsection (H) (Procedures for Mooring Sub -Permit Issuance) of
Section 17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of
Title 17 of the Code is amended to read as follows:
H. Procedures for Mooring Sub -Permit Issuance. Issuance of a mooring sub -permit
shall be subject to the following conditions -
1 .
onditions:
1. Provision of a written representation of the mooring sub-permittee's vessel
length which shall be satisfactory to the Harbormaster;
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2. The mooring sub -permittee agrees 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
provide proof of insurance as may be determined by the City's Risk Manager; to provide
registration or other proof of ownership; to provide 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 shall arrange for the repair of the mooring 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 shall make available a mooring without charge for the returning vessel of
the mooring permittee until such time as their permitted mooring is repaired;
4. The mooring sub -permittee shall provide approved mooring lines which
shall be removed at the end of the rental period;
5. A mooring sub -permit 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 for any reason. Mooring sub -permittees accept an indefinite term at their own
risk. The decision by the Harbormaster to terminate a sub -permit shall be final and non -
appealable;
6. The mooring sub -permit rent will be based on a rate established by
resolution of the City Council; and
7. Mooring sub -permits are offered to the public on a first-come, first-served
basis. City owned and operated moorings may be reserved in advance.
Section 9: Paragraph (1) of Subsection (K) (Revocation of Permit) of Section
17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of
the Code is amended to read as follows:
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1. The grounds and procedure for revocation of a mooring permit are set forth
in Section 17.70.020.
Section 10: Subsections (A) and (C) of Section 17.65.010 (Authorization) of
Chapter 17.65 (Appeals or Calls for Review) of Title 17 of the Code are amended to read
as follows:
17.65.010 Authorization.
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, Risk
Manager, Harbormaster and Harbor Commission under this title.
A. Decisions of the Public Works Director, Community Development Director, Risk
Manager, and/or Harbormaster resulting from his or her administration of this title may be
appealed to the Harbor Commission by any interested person, except as otherwise
provided herein.
C. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions resulting from the Public Works Director,
Community Development Director and/or Harbormaster's administration of this title,
except as otherwise provided herein. The purpose of the call for review is to bring the
matter in front of the entire body for review.
Section 11: Section 17.70.050 (Other Remedies) of Chapter 17.70 (Enforcement)
of Title 17 of the Code is amended to read as follows:
17.70.050 Citations, Other Remedies.
A. The owner of a vessel deemed abandoned under Section 17.70.040 may be
issued an administrative citation and assessed an administrative fine of $1,000.
B. 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.
Section 12: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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Section 13: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 14: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3 because the ordinance will result in negligible or no expansion
of existing use.
Section 15: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 16: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be in full force and
effect thirty (30) days after its adoption by a majority vote of the City Council.
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on 26th day of April, 2022, and adopted on the 10th day of May,
2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
RECUSED:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON -C.- HARP, QITY ATTORNEY
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