HomeMy WebLinkAbout03 - Amending the NBMC Pertaining to Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions - Staff Memo & Amended OrdinanceTO: Mayor Muldoon and City Council Members
FROM: Paul Blank, Harbormaster
MEMORANDUM
DATE: April 26, 2022
RE: Request Change to Consent Calendar Item No. 3 - Ordinance No. 2022-9:
Amending the Newport Beach Municipal Code Pertaining to Live-Aboards,
On -shore Moorings, and Other Miscellaneous Provisions
After the agenda was posted, City staff received inquiries regarding whether the
proposed modifications to Title 17, if adopted would apply to raft -ups which are being
considered in a separate process by the Harbor Commission. While the proposed
revisions to Section 5 of the proposed ordinance relate to Fire Code issues, to avoid any
confusion, City staff is requesting that Section 5 of the proposed ordinance be removed
from consideration at this time. An amended ordinance is attached hereto.
ORDINANCE NO. 2022-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS
1.12.0209 17.10.060, 17.25.0109 17.25.020, 17.40.0309
17.45.0209 17.60.0409 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 "' ort Beac Charter"}
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vests the City Council with the authority to make and ford"ll laws, 1 es and
regulations with respect to municipal affairs subject only a restri�s and100/0�tations
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contained in the Charter and the State Constitution, , the p,,er t �e e, or act
pursuant to any and all rights, powers, and privileges, orp�ceces grantedeir prescribed
by any law of the State of California;
WHEREAS, pursuant to the 1978 Baacon Bay Bryas amended ("Beacon Bay
Bill"), the City of Newport Beach ("City")` ants on'behalf of the State of California as the
trustee of tidelands located within the City's omits, Jteluding Newport Harbor;
WHEREAS, the City has adopted rules a "regulations for Newport Harbor, which
are contained in Title 17 (Harbor Code) '("Title 17' of the Newport Beach Municipal Code
("Code" or "NEMC");
WHEREAS, thp.Harbor,Commission recommends amending Title 17 to provide
visiting boaters an alte' ; to for accommodations while on vacation, provide
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for addition ,', atiow ,f in ivity within Newport Harbor and to clarify existing
provisions;
'.REJ ASrendments to the City's general code enforcement provisions
containe;,in �R/j/ral Provisions) of the Code will permit Harbor Department staff
to enforc'�,��sions�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:
Ordinance No. 2022-9
Page 2 of 7
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 (Pow"Impose - ditions—
Hold Harmless) of Chapter 17.10 (Marine Activities Pe j f 17 of th� ode is
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amended to revise paragraph 5 and add new paragra r
p g p (} p , to ea��s follow.
B. All permits issued pursuant to this chapter are §*ect , the follov�mg standard
conditions:
5. Music and sound from the vess 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 f speed mit 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 Sect 17_25.,010 (Docking Regulations) of Chapter 17.25 (Berthing,
Mooring and Storag e/&aaitleo f the a is amended to read as follows:
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C. Time fps.. and Rules%
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n markings shall mean vessels may be tied up or secured for
urs maximum.
Sect ,n 4: Subsection (E) of Section 17.25.010 (Docking Regulations) of
Chapter 17.26 (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.
Ordinance No. 2022-9
Page 3 of 7
Section 5: Section 17.40.030 (Permits Required) of Chapter 17.40 (Live-
Aboards) of Title 17 of the Code is amended to read as follows:
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 sh issued except
to a person holding a valid mooring permit issued pursuant to
er or a valid
rental agreement from a commercial marina. No permit shall be hued to an'
-aboard
which is not intended to serve as theprincipal residence o " e �''" �'
p�tiittee. For rposes
of this section, principal residence shall mean: (A) with,;'pect to a" Mooring mittee,
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to live aboard for not less than two hundred forty-three X243) day,s in ani - a lar year;
or (B) with respect to the tenant of a commercial marina'nth a'alid rentalagreement, to
live aboard for a period not less than one hundred hty (18Q)'days in any three hundred
sixty-five (365) day period. Notwithstanding theforegoing,. sut eiMittee of an off -shore
mooring under Section 17.60.040 who is in goad standing may live aboard, subject to and
upon compliance with the requirements set forthSection 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 6: 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 club maws with rapacity of fifty (50) or more vessels shall install
01
a vessel waste pump-ot stem �. r the use of vessels associated with that activity.
The pump -o* ;,,�lity s ,�,I nst ed on dock space under the control of the club or
marina with cow �' '
M access all vessels owned, leased or chartered by the club or
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marl "/ p gut shall have a capacity commensurate with the capacity of
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the hoes of vessel or vessels of the club or marina.
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Seen 7: subsection (H) (Procedures for Mooring Sub -Permit Issuance) of
Section 17 1.040 (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. Provision of a written representation of the mooring sub-permittee's vessel
length which shall be satisfactory to the Harbormaster;
Ordinance No. 2022-9
Page 4 of 7
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 , ,rpt e Public Works
Director and/or Harbormaster;
3. The repair of any damage to the mooring /�/� me�hall be p by the
mooring sub - permittee. If the mooring is damaged by a, ssel assig q by !"WO/V City, or
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the City's agent, the City shall arrange for the repair of the`mooriRgwith a/ d vendor
and provide notice to the permittee of the occurrence aid tie arranged repair date.
Should the sub -permittee fail to pay for the damage any mason, t!j City will pay for
the required repairs to the mooring, and then seek reimb6memerit;frotirthe 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-pernnittee shag 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. jTmy be renewed based on availability. Upon return of the
assigned vessel tot oo" mag, theormaster will attempt to reassign the sub-
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permittee to another g. 19/a jig sub -permittees have no right of renewal or
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substitute i� upoq/Tet�/b",of the assigned vessel, or upon termination of a mooring
sub -permit fors'";,�;f�' lloorg sub -permittees accept an indefinite term at their own
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risk. T� decision th6likbormaster to terminate a sub -permit shall be final and non-
appea
6. `The mooring sub -permit rent will be based on a rate established by
resolution 6khe 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 8: 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:
Ordinance No. 2022-9
Page 5of7
1. The grounds and procedure for revocation of a mooring permit are set forth
in Section 17.70.020.
Section 9: 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 th POW, or call fo view of
the decisions of the Public Works Director, the Commu , evelol,"Anit Dire or, Risk
Manager, Harbormaster and Harbor Commission under "is title.
A. Decisions of the Public Works Director, Corm unityDevelopme t Director, Risk
Manager, and/or Harbormaster resulting from his or her adminti*, ation 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, aging in their official capacity, may call for
review, to the Harbor Commission, decisions resulting from the Public Works Director,
Community Development .Director angor Harbormaster's administration of this title,
except as otherwise prodded herein_ The }purpose of the call for review is to bring the
matter in front of the entire body for review.
Section 14: 17 " ,,�5�ther Remedies) of Chapter 17.70 (Enforcement)
of Title 17 of4he Code is a ad as follows:
17.70.Q50 Ci41 , Itxemedies.
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A. � +e aO°' of resseI deemed abandoned under Section 17.70.040 may be
issued aradistrte 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 11: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2022-9
Page 6 of 7
Section 12: 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 13: The City Council finds the introduction and tion of th ordinance
is not subject to the California Environmental Quality Act (,n, -EQ ursuant 46"Section
15301 (Existing Facilities) of the CEQA Guidelines, Califaa Code ofegulas, Title
14, Division 6, Chapter 3 because the ordinance will result in neigible "pansion
of existing use.
Section 14: Except as expressly modffied in this ;ord-inane all other sections,
subsections, terms, clauses and phrases set€orth in the Newport Beach Municipal Code
shall remain unchanged and shall be in M force and effect.
Section 15: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clic 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.
Ordinance No. 2022-9
Page 7 of 7
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 TTORNEY'S OFFICE //
•w- C-
ON C. HARP, CITY ATTORNEY