HomeMy WebLinkAbout2023-8 - Amending Sections 17.25.020 (Anchorage, Berthing and Mooring Regulations) and 17.60.040 (Mooring Permits) of the Newport Beach Municipal CodeORDINANCE NO. 2023-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTIONS 17.25.020 (ANCHORAGE, BERTHING AND
MOORING REGULATIONS) AND 17.60.040 (MOORING
PERMITS) OF THE NEWPORT BEACH MUNICIPAL CODE
WHEREAS, Section 200 of the City of Newport Beach's ("City") 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, contemporaneous with the consideration of this ordinance, the City
Council adopted Resolution No. 2023-32, which approved recommendations of the
Harbor Commission as well as a Pilot Project to reconfigure Mooring Field "C" in
Newport Harbor, to improve navigation safety and optimize space within the mooring
field ("Recommendations");
WHEREAS, approval of the Recommendations require amendments to Sections
17.25.020 (Anchorage, Berthing and Mooring Regulations) and 17.60.040 (Mooring
Permits) of the Newport Beach Municipal Code ("NBMC"); and
WHEREAS, the amendments to Section 17.60.040 (Mooring Permits) are not
intended to change or affect the transferability of mooring permits existing as of the
effective date of the ordinance.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 17.25.020 (Anchorage, Berthing and Mooring Regulations)
Subsection (A) (Location) of the NBMC is amended to read as follows:
A. Designated Areas. In the designation of mooring areas and anchorage
areas, consideration shall be given to the needs of commerce, the utilization of
the turning basins, the use of channels for navigation, and the economy of space.
1. No person owning, leasing, occupying, or having charge or
possession of any vessel shall:
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a. Berth or anchor the same in Newport Harbor except within
the designated areas; or
b. Anchor a vessel in any of Newport Harbor's designated
public anchorage areas or at any location on the open waters of the
Pacific Ocean within five hundred (500) yards of a designated
protected swimming area for a cumulative period of time that
exceeds seventy-two (72) hours within any thirty (30) calendar day
period. The Harbormaster may authorize, in writing, an extension to
the seventy-two (72) hour time limit if the Harbormaster determines
that given the particular circumstances an extension of time is
reasonable and warranted.
2. Any vessel which is berthed, moored or anchored at a place in
Newport Harbor not designated for such vessel shall be moved as
directed by the Harbormaster.
3. Mooring permittees shall, at their expense, move their vessels or
relocate to another mooring when deemed necessary by the Public Works
Director and/or Harbormaster to address vessels drifting from their
assigned mooring locations or to address safety or navigational concerns.
Offshore mooring permittees who are assigned to mooring rows with
established lengths that are greater than the permittees' mooring lengths
by at least five feet shall be subject to relocation for the purpose of
accommodating mooring extension requests under Section 17.60.040(M),
with the costs to be borne by the requestor of the extension. The costs of
moving the vessels or relocating to the reassigned mooring shall include
the costs of moving the mooring equipment.
Section 2: Section 17.25.020 (Anchorage, Berthing and Mooring Regulations)
Subsection (F) (Chains and Fastenings) of the NBMC is amended to read as follows:
F. Mooring System Chains and Fastenings.
1. No person shall erect, construct or maintain any mooring in
Newport Harbor unless all chains and fastenings are of sufficient size to
stand a breaking strain of at least six times the weight of the mooring.
2. All mooring lines on buoys shall be so arranged that, when
dropped, they will immediately sink. It shall not be a violation of this
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subsection for a double mooring to connect two mooring anchor lines or
buoys with a spreader line having floats attached thereto to keep such
spreader line afloat when the mooring is unoccupied.
3. With the approval of the Harbormaster, mooring permittees may
use a single buoy system for a two -point mooring by use of a sand line,
defined as a line from one anchor line to the opposing anchor line and that
is properly weighted to immediately sink when dropped. The mooring
permittee shall submit a mooring modification request to the Harbormaster
with details of the modification, including diagrams, if requested. The
Harbormaster may approve or conditionally approve the request if the
Harbormaster determines that the modification will not result in any safety
or navigational concerns.
Section 3: Section 17.25.020 (Anchorage, Berthing and Mooring Regulations)
Subsection (H) (Mooring, Anchoring and Vessel Condition Requirements), Paragraph
(1) (Mooring Anchoring) of the NBMC is amended to read as follows:
H. Mooring, Anchoring and Vessel Condition Requirements.
1. Anchoring and Mooring. All vessels anchored on the open waters
of the Pacific Ocean or in the designated anchorage area in Newport
Harbor shall be anchored in such a manner so that the vessel does not
come in contact with another vessel or structure. Vessels anchored in the
designated anchorage area in Newport Harbor shall also not extend
beyond the demarcation line of the designated anchorage area. All
vessels using moorings in Newport Harbor shall be firmly anchored to a
mooring from bow and stern in such a manner as to prevent the vessel
from swinging, turning or drifting in a way that interferes with or impedes
safe navigation around the moored vessel, except in areas designated by
the Harbormaster as single mooring areas. Vessels in single mooring
areas shall be tied from the bow. Double or two -point moorings that are
equipped with two mooring buoys for mooring to both bow and stern are
required to have at all times (a) a vessel properly tied to both mooring
buoys or (b) a spreader line secured and connected to both buoys. The
spreader line shall be kept clean of algae and other marine growth to
ensure it remains easily visible. The maximum permitted mooring lengths
shall not exceed the established length of their mooring rows. No portion
of a moored vessel or any object attached to the vessel may extend into
the mooring field fairways.
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Section 4: Section 17.25.020 (Anchorage, Berthing and Mooring Regulations)
Subsection (1) (Maintenance) of the NBMC is amended to read as follows:
I. Maintenance. All moorings shall be kept in good and serviceable condition
in the location assigned by the Harbormaster. Mooring permittees shall be
responsible for the maintenance, repair, and replacement of mooring system
components including, but not limited to, chains, shackles, anchors, weights,
lines, buoys, and all other gear and equipment used in securing the vessel to the
mooring. This subsection shall not apply to City -installed anchors for use as
shared moorings, which shall be maintained, repaired, and replaced by the City.
Section 5: Section 17.25.020 (Anchorage, Berthing and Mooring Regulations)
Subsection (J) (Specifications) of the NBMC is amended to read as follows:
J. Specifications. Specifications for the size of chains required on moorings,
weights of moorings, and other mooring equipment shall be established by the
Harbor Commission.
Section 6: Section 17.60.040 (Mooring Permits) Subsection (B) (Issuance of
Permit —Conditions), Paragraph (1) (a) (Exceptions) of the NBMC is amended to read
as follows:
B. Issuance of Permit —Conditions. The Harbormaster, in furtherance of the
tideland grants to the City, may issue a mooring permit or mooring sub -permit to
allow the mooring permittee or mooring sub-permittee to temporarily use a
portion of the waters of Newport Harbor for the mooring of a vessel if the
Harbormaster makes the findings set forth in Section 17.05.140(D)(1). A mooring
permittee may hold up to two mooring permits at any time. A mooring permittee
that held or continues to hold more than two mooring permits prior to May 11,
2017, may continue to hold the mooring permits until the permits are sold,
revoked, or otherwise transferred under this chapter.
1. Exceptions.
a. The Balboa Yacht Club and the Newport Harbor Yacht Club
(collectively, "yacht clubs") currently hold permits for single point moorings
placed within certain mooring area boundaries established by the City, as
noted in subsection (13)(3)(g) of this section. In addition, the Lido Isle
Community Association ("LICA") has permits for onshore moorings on
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Lido Isle. These organizations shall hold their respective permits under the
yacht club, or respective organization name, for the moorings identified by
the City as under their respective control at the time of enactment of the
ordinance codified in this section. The yacht clubs and LICA shall be
solely responsible for managing moorings under their control and shall be
permitted to assign moorings under their control to yacht club members
and members of LICA, respectively. The yacht clubs and LICA shall keep
accurate records of the name and address of the club members and
community association members to which each mooring has been
assigned and the corresponding length of each vessel. The yacht clubs
and LICA may not sell or otherwise transfer the moorings under their
control to a third party that is not a member of the yacht club or LICA.
Mooring records and 24/7 emergency contact information shall be
provided annually to the Harbormaster by the yacht clubs and LICA on or
before February 1st.
Section 7: Section 17.60.040 (Mooring Permits), Subsection (B) (Issuance of
Permit —Conditions), Paragraph (2) (Permit Requirements) of the NBMC is amended to
read as follows:
2. Permit Requirements. A mooring permit may be issued to a maximum of
two persons ("mooring permittee(s)") who shall be individually and collectively
responsible for all activities related to the mooring permit. The mooring permit
shall specify the assigned mooring location, the mooring length, and assigned
vessel information. Mooring permittee(s) are subject to and shall fully comply with
the following conditions:
a. Identify on the permit the full legal name(s), current address(es),
current telephone number(s) and current email address(es), if one exists,
of the mooring permittee(s);
b. Agree to be responsible for permit rent, fees, maintenance and
repair of mooring equipment;
C. The permit for joint ownership moorings 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 mooring permit;
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d. Grant permission to the City to temporarily assign the mooring to
another vessel when it is unoccupied through the issuance of a mooring
sub -permit;
e. Agree to defend and indemnify the City and any other government
entity with jurisdiction against any claims or losses arising out of, or
related to the use of, the mooring permit except where the claim or loss
arises from the sub-permittee's damage of the mooring, or out of the
negligence and/or misconduct of a person assigned the mooring as a
mooring sub-permittee under subsections (G) and/or (H) of this section;
f. Provide proof of insurance for the assigned vessel naming the City
as an additional insured to the satisfaction of the Risk Manager;
g. Provide registration or other proof of controlling possessory right in
the assigned vessel, all to the satisfaction of the Harbormaster;
h. Agree to pay fair market value rent, as established by resolution of
the City Council, on a rent schedule established by the Harbormaster,
which shall be similar to the schedule used to collect rent from other
tidelands users in Newport Harbor;
i. Agree that the mooring permit does not provide any ownership
interest in the underlying tidelands, which are held in trust by the City and
owned by the people of the State of California;
j. Agree to move the vessel from the mooring to another location
when deemed necessary by the Public Works Director and/or
Harbormaster because the vessel has drifted from its assigned mooring
location or to address safety or navigational concerns, and also to
authorize the City or its designee to move the vessel upon the mooring
permittee's failure to do so, at the permittee's expense;
k. Agree to allow the Harbormaster, or his designee, to board the
permittee's vessel at any time to inspect the condition and operability of
the marine sanitation device(s) and/or insert dye tablets to determine
whether said devices are discharging overboard in accordance with
applicable laws; and
I. Agree that if the permittee's maximum mooring length is shorter
than the established length of its mooring row by five feet or more then the
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permittee is subject to relocation within the same mooring field for the
purpose of accommodating mooring extension requests. The H and J
fields shall be considered as one field for the purpose of relocations. The
costs of relocation, including the moving of mooring equipment, shall be
borne by the mooring permittee who requested the mooring length
extension.
Example: Permittee A has a mooring length of 35', a vessel LOA of 30',
and is in a 35' row. Permittee B has a mooring length of 30', a vessel LOA
of 30', and is in a 35' row. Permittee C has a mooring length of 36', a
vessel LOA of 30', and is in a 40' row. Only Permittee B is subject to
relocation.
Section 8: Section 17.60.040 (Mooring Permits) Subsection (B) (Issuance of
Permit —Conditions), Paragraph (3) (Permittee/Transferee Qualifications) of the NBMC
is amended to read as follows:
3. Perm ittee/Transferee Qualifications. A mooring permit may be held only
by natural persons unless the mooring permit is transferable, in which case it
may be held by, or transferred to, only the following:
a. A natural person(s);
b. An executor or administrator carrying out the terms of a will or
administering a probated estate that holds a mooring permit, but only for
the period of time prior to distribution of the estate;
C. An inter vivos trust, family trust, or other similar type of trust estate
holding a mooring permit, so long as all trustors are natural persons and
the primary mooring permittee shall be the trustee of the trust;
d. Immediate family, which shall mean the mooring permittee's
spouse and heirs at law to the second degree of consanguinity;
e. A marine contractor, or marine support service provider, holding a
mooring permit used to provide current or ongoing harbor infrastructure
and marine or fishing services (such as maintenance or dredging);
f. Balboa Island Yacht Club for the purposes of youth education in
boating and marine activities; Kerckhoff Marine Laboratories for the
purpose of marine and oceanographic research; and American Legion
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Post 291 for the purpose of serving veterans and their families and
supplying them with affordable access to boating and harbor activities; or
similar marine educational entities; or
g. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively
"yacht clubs") and the Lido Isle Community Association —only for those
moorings assigned by the City within certain established mooring areas or
locations, prior to January 13, 2011. These designated mooring areas may
not be expanded. The boundaries of all mooring areas in Newport Harbor
are graphically depicted by National Oceanographic and Atmospheric
Administration (NOAA) Chart Number 18754. Yacht clubs shall be entitled
to a maximum number of moorings identified in NOAA Chart Number
18754 that are located within the yacht club's established mooring fields
and at a minimum the current number of moorings assigned to them as of
January 13, 2011.
Section 9: Section 17.60.040 (Mooring Permits) Subsection (E) (Transfer of
Permit) of the NBMC is amended to read as follows:
E. Transfer of Permit. Mooring permits are non -transferable, with the
exception of mooring permits that were issued prior to the effective date of
Ordinance No. 2023-8, which shall continue to be transferable unless
surrendered or revoked. A mooring permit that is transferable may only be
transferred one time in any twelve (12) month period, unless transferred to a
member of the permittee's immediate family.
Section 10: Section 17.60.040 (Mooring Permits) Subsection (1) (Mooring
Permit Transfer Nonrefundable Fee) Paragraph (3) of the NBMC amended to read as
follows:
3. The transfer is to immediate family.
Section 11: Section 17.60.040 (Mooring Permits), Subsection M (Request to
Extend Mooring Length) of the NBMC is amended to read as follows:
M. Request to Extend Mooring Length.
1. General. Mooring permittees shall not moor vessels that exceed
their permitted maximum mooring length. If an offshore mooring permittee
wishes to moor a vessel that requires an extension in mooring length, they
may request an extension up to the established length of their mooring
row. A request for an extension that would exceed the established length
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of their mooring row shall require the permittee to relocate to a larger
mooring row. In no case shall mooring lengths exceed the established
mooring row lengths.
2. Application.
a. Filing and Review of Request. An offshore mooring
permittee shall file a written request for extension of mooring length
with the Harbor Department on a form prescribed by the
Harbormaster, together with the filing fee required by the City's fee
schedule adopted by resolution of the City Council.
b. Application Requirements. An application for extension of
mooring length shall include the following information in addition to
such other information as may be required by the Harbormaster:
i. The full identification of the applicant and the vessel
for which the extension of mooring length is sought,
certifying that the applicant and the assigned vessel have
complied with (or in the event the vessel identification is
unknown, applicant will certify that such unidentified vessel
prior to occupying the mooring space will comply with) all of
the applicable United States Coast Guard license,
inspection, and certification requirements, and certifying that
the applicant has read and is otherwise familiar with all of the
applicable rules and regulations promulgated by the City,
including, but not limited to, the provisions of this title;
ii. Such plans and specifications as may be required by
the Harbormaster for such mooring to accommodate the
proposed longer vessel; and
iii. Detailed information regarding the vessel including
make, model, year, LOA, beam, dimension, vessel ID, and if
the vessel identification is not known at the time of making
an application, the LOA and adjusted LOA (including
bowsprits, swim steps, or stern -mounted dinghies) of the
proposed vessel for which the applicant seeks approval. The
LOA as published by the manufacturer of a particular vessel
shall be used to determine the required mooring size of a
particular vessel, and the size of the specification for the
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chains, weights, and tackle necessary to secure a vessel on
a particular mooring for a permittee. Adjusted LOA shall be
used to determine the maximum vessel length that can fit in
any particular slip, side -tie, or mooring row.
3. Action on Extension Request. For extension requests that require
relocation to a larger mooring, a mooring of appropriate size must be
available within the same mooring field. The H and J fields shall be
considered as one field for the purpose of relocations. As used herein, an
available mooring includes one that is occupied by a permittee whose
permitted maximum mooring length is shorter than the established length
of its mooring row by five feet or more. The Harbormaster may approve
the extension request only after making the findings set forth in Section
17.05.140(D)(1) and making the following findings:
a. There have been no changes in the conditions or
circumstances of the existing offshore mooring permit so that there
would have been grounds for denial of the original offshore mooring
permit or grounds for revocation thereof at the time an application
for extension of mooring length is filed;
b. The proposed extension of mooring length will not:
i. Impede or obstruct the fairways or channels or
prevent or obstruct the passage of other vessels between
the rows;
ii. Impede, obstruct or prevent other mooring permittees
from safely navigating in and out of adjacent moorings or
moorings in other rows connected by the same fairway to the
row of the permittee's vessel;
iii. Result in vessel(s) encroaching into the fairway or
extending beyond the outer boundaries of the mooring area
or row; or
iv. Violate the established length of the row or mooring
area in which the vessel will be moored;
C. The applicant and the assigned vessel have complied with
all of the appropriate United States Coast Guard license,
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inspection, and certification requirements for the assigned vessel
and all of the applicable rules and regulations promulgated by the
City, including, but not limited to, the provisions of this title.
Example of relocation to an available mooring. Permittee A wishes
to upgrade their vessel "Atlantis" (40' LOA), which is in a 40' row,
with 'Atlantis 11" (42' LOA). A will need to relocate to a mooring in a
longer row since the mooring length cannot be extended at its
current location. Permittee B's vessel "Barnacle" (41' LOA) is in a
45' row. Permittee C's vessel "Calypso" (40' LOA) is in 45' row.
Permittee D's vessel "Doldrums" (40' LOA) is in a 45' row. B has a
permitted mooring length of 41',- C's permitted mooring length is
40'; and D's permitted mooring length is 41'. All four moorings are
in the same mooring field. C's mooring is the only available mooring
to which A can relocate.
4. Conditions of Approval. If the Harbormaster approves a request for
extension of mooring length, such approval shall be conditional and
contingent upon the following requirements:
a. The mooring permittee must occupy the approved mooring
with their vessel within twelve (12) months following the date of
approval;
b. Transferable mooring permits shall not be sold or transferred
for a period of twelve (12) months following the date of occupancy
of the approved mooring. The sale or transfer of said permit shall
comply with the requirements of subsections (13)(3), (E) and (F) of
this section; and
C. The requestor shall cover all costs associated with modifying
the length of their mooring, or in the case of a relocation moving
their vessel to the available mooring and moving the displaced
vessel from the available mooring. The costs shall include, but not
be limited to, the moving of mooring anchors and tackle and
resizing of mooring tackle to meet applicable mooring standards
(e.g., chain size).
5. Noncompliance with subsection (M)(4)(a) or (b) of this section shall
result in recission of the approval to extend mooring length. Within thirty
(30) days of the recission, the permittee who requested the extension shall
Ordinance No. 2023-8
Page 12 of 13
at its sole expense return the mooring to its prior maximum length or in the
case of a relocation return their vessel and the displaced vessel to their
prior assigned mooring locations or other mooring locations as deemed
appropriate by the Harbormaster. Violation of subsection (M)(4)(b) of this
section shall be grounds for revocation of the mooring permit.
Section 12: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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: In addition to the findings in Resolution No. 2023-32 Section 7,
which applies to the Pilot Project to reconfigure Mooring Field "C," in Newport Harbor,
the City Council finds the introduction and adoption of this ordinance 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, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
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.
Ordinance No. 2023-8
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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 effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 23rd day of May, 2023, and adopted on the 13th day of
June, 2023, by the following vote, to -wit:
AYES: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council
Member Grant, Council Member Kleiman, Council Member Stapleton,
Council Member Weigand.
NAYS:
ABSENT:
BLOM, MAYOR
ATTEST:
LEILAITT VAOWN,tITY CLERK cgc�FOR
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
�e C
AARbN C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2023-8 was duly introduced on the 23rd day of May, 2023, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 13th day of June, 2023, and that the same was so passed
and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 141h day of June, 2023.
r &�a= /,V-�
Leilani I. Bro , MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-8 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 newspaper of general circulation
on the following dates:
Introduced Ordinance: May 27, 2023
Adopted Ordinance: June 17, 2023
In witness whereof, I have hereunto subscribed my name this day of June, 2023.
Leilani I. Brown MC
City Clerk
City of Newport Beach, California