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HomeMy WebLinkAbout2006-15 - Amending Sections 17.22.030 and 17.22.110 of Chapter 17.22 of the NBMC Regulating the Mooring of Vessels in Newport HarborORDINANCE NO. 2006-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AMENDING SECTIONS 17.22.030 AND 17.22.110 OF CHAPTER 17.22 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING THE MOORING OF VESSELS IN NEWPORT HARBOR WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Newport Harbor is within the geographical boundaries of the City of Newport Beach and as such the City has an interest in ensuring that the use of the tidelands is both efficient and beneficial; and WHEREAS, the City Council recognizes that the Southern California boating population is growing substantially faster than the rate at which mooring and docking facilities are being created, thereby causing a shortage of mooring and docking facilities; and WHEREAS, the City Council acknowledges the benefits accruing to the City, its residents and its businesses through the existence of a thriving pleasure boating community; and WHEREAS, the City desires to create more beneficial use of its tidelands by increasing mooring facilities in the harbor when feasible; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 17.22.030 "Issuance of Permits — Conditions" is hereby amended to read in its entirety as follows: 17.22.030 Issuance of Permits — Conditions A. Issuance of Permits. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Manager shall be issued to the permittee, specify the vessel for which the permit has been issued, and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources Manager, and which permit shall allow the permittee to moor only the vessel owned by him or her and assigned to the permit to such mooring or buoy. B. Exceptions: 1. Permits issued to Yacht Clubs in Single Point Mooring Areas: When a permit is issued to a yacht club in a single point mooring area, the club shall be permitted to assign the mooring to one of its members. The Club shall keep a record of the person and vessel to which the mooring has been assigned. 2. Mooring of a Tender: A vessel no longer than fourteen (14) feet in overall length may be secured to the permitted vessel as long as someone is aboard the permitted vessel or may be secured to the mooring in the absence of the permitted vessel. 3. Multiple Vessel Mooring System Pilot Program: The Harbor Resources Manager may approve Multiple Vessel Mooring Systems in single point mooring areas of Newport Harbor during the duration of this pilot program. A Multiple Vessel Mooring System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter in overall length than the side of the platform to which the vessel is to be moored. An application for a Multiple Vessel Mooring System shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have established. Newport Beach Municipal Code Section 17.22.030 (B) (3) shall remain in effect only until June 30, 2008, and as of that date is repealed, unless a later enacted ordinance, that is enacted before June 30, 2008, deletes or extends that date. Prior to June 30, 2008, the Harbor Resources Manager shall present a report to the City Council recommending that the program either be made permanent, modified, or allowed to expire. SECTION 2: Section 17.22.110 `Rental Not Permitted" is hereby amended to read in its entirety as follows: 17.22.110 Rental Not Permitted With the exception of moorings issued to yacht clubs, no mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Manager. SECTION 3: The City Council hereby declares that 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a r?Rular meeting of the City Council of the Cit of Newport Beach held on the 13 day of June, 2006, and adopted on the 27 day of June, 2006, by the following vote, to wit: ATTEST: o 9-A� eat . CITY CLERK AYES, COUNCILMEMBERS Curry, selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCILMEMBERS - -- ABSENT COUNCILMEMBERS 1 MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006 -15 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of June 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of June 2006. (Seal) A City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: July 1, 2006. In witness whereof, I have hereunto subscribed my name this-y day of fit! kl 2006. City Clerk City of Newport Beach, California