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Home My WebLink About16 - Residential Liveaboard Appeal - 915 Via Lido SoudCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 August 23, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office / Harbor Resources Division Dave Kiff, Assistant City Manager, (949) 644 -3002 dkiffca city.newport- beach.ca.us Harbor Resources Division (City Manager's Office) Chris Miller, Supervisor (949) 644 -3043 cmillerCa ) city. newport- bea ch. ca. us SUBJECT: Residential Liveaboard Appeal — Huzyak, MV Besame Berthed at 915 Via Lido Soud ISSUE: During the approximate months of May and June 2005, Mr. and Mrs. Huzyak were renting dock space at a residential pier at 915 Via Lido Soud for their 100' motor vessel Besame. For a period of time at this residential pier, their licensed captain had been living aboard in order to keep watch on the vessel. Council Policy H -1 restricts any persons living aboard a vessel in a residentially zoned area. The Huzyaks appealed Harbor Resources decision to uphold Policy H -1. On June 8, 2005, the Harbor Commission was presented with the same facts included in this staff report. After a lengthy discussion, the Harbor Commission voted to uphold Policy H -1 and restrict persons from living aboard the Besame while berthed at a residential pier for greater than 72 hours in any 30 day period. The Huzyaks are appealing the Harbor Commission's decision to uphold the Harbor Permit Policies. RECOMMENDATION: 1) Conduct the appeal hearing and 2) a. Uphold the Harbor Commission's decision and restrict persons from living aboard the Besame while berthed at a residential pier for greater than 72 hours in any 30 day period; or b. Reverse the Harbor Commission's decision and allow persons to live aboard the Besame while berthed at a residential pier for a specified time frame as determined by the City Council. Residential Liveaboard Appeal August 23, 2005 Page 2 BACKGROUND: Mr. and Mrs. Huzyak spend the majority of the year cruising aboard their yacht, Besame. They stay in Newport Harbor, where they also own a home, about 3-4 months every year. During this transient time in Newport Harbor, they secure berthing at residential piers because of the lack of commercial slips available for yachts in the 100' size range. Through networking with friends, the Huzyaks were able to secure a side tie for Besame at 915 Via Lido Soud. (See attached aerial.) City staff understands that the Huzyak's paid 915 Via Lido Soud's owners $6,0001month for this commercial use of a residential pier. A complaint was filed with Harbor Resources stating that there were people living aboard the Besame in front of a residentially zoned area. Upon Harbor Resources request, the Harbor Department verified this complaint and discovered the captain had been living aboard the vessel. Harbor Resources then wrote a letter to the pier permittee (not the vessel owner) and informed him of the rules concerning liveaboards on a residential pier. A seven day deadline for compliance was imposed or the permittee would risk Administrative Citations. Policy H -1, General Provisions for Permits for Harbor Structures, Section K, states: "In those areas of the harbor where the piers and floats are bayward of residential zoned areas, liveaboards shall not be permitted." The Policy defines liveaboards as: "The term "Liveaboard" shall mean the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 72 hours." Harbor Resources and the Harbor Department have traditionally defined the 72 hour limit as being within any 30 day period. Note: Liveaboard Permits are only issued by Harbor Resources for offshore mooring permittees and they are regulated by Chapter 17.23 of the Municipal Code. Residential liveaboards are not addressed in 17.23. Liveaboards in private commercial marinas are not regulated by the City. Harbor Resources responds to liveaboard infractions on a complaint basis. Newport Harbor does have the ability to accommodate a large vessel of this size only on a temporary basis via the anchorage area to the east of Lido Isle and the one offshore mooring can located near the Harbor Department office, These two areas are managed by the Harbor Patrol and the rules for each are as follows: Residential Liveaboard Appeal August 23, 2005 Page 3 Anchoraqe Area Near East End of Lido • Maximum 5 days out of 30 days Offshore Mooring Rentals • Summer (May 1 to October 31) : 15 days maximum out of 30 days • Winter (November 1 to April 30): 60 days maximum out of 6 months The Appeal The Huzyaks maintain that as the trend for larger cruising boats continues, Newport Beach will benefit when these yachts visit the harbor via their demand for marine maintenance, provisioning and servicing. However, Newport lacks the proper berthing facilities for larger transient yachts. As non - resident property owners in Newport Beach, the Huzyaks agree that liveaboards should be regulated but they argue that a licensed captain aboard a ship in transit is a different matter. A captain's responsibilities are to maintain the vessel, keep it secure and safe, and avert any disasters with the bilges, freezers, electronics etc ... while on board. Therefore, the Huzyaks request that licensed captains, through a permit, be allowed to stay aboard a transient vessel for a short, predetermined time frame of roughly 3 -4 months. ENVIRONMENTAL REVIEW: The City Council's approval of this Agenda Item does not require environmental review. ALTERNATIVE: Direct staff to amend Council Policy H -1 to allow the Huzyaks' request. Prepared by: Chris Miller Harbor Resources Supervisor Attachment: Aerial Photo Submitted by: Dv Kiff Assistant City Manager ri L_J • • Residential Liveaboard Appeal August 23, 2005 Page 4 Aerial View 915 Via Lido Soud (Besame not pictured) Harbor Resources Division Residential Liveaboard Appeal — Huzyak, MV BESAME Berthed at 915 Via Lido Soud Newport Beach City Council August 23, 2005 Residential Live Aboard Appeal Harbor Issue: Resources Division • Mr. & Mrs. Huzyak were renting dock space at a residential pier at 915 Via Lido Soud for their 100' motor vessel, Besame. • While berthed at this residential pier on Lido Isle, the Besame's captain had been living aboard to keep watch on the vessel. • Council Policy H -1 prohibits persons from living aboard a vessel in a residentially zoned area. • The Huzyaks appealed staff decision to uphold Policy H -1. 1 Background The Huzyaks spend a few months each year in Newport Harbor while on lengthy cruises. • They secure berthing for their 1 00' yacht, Besame, at residential piers because of the lack of commercial slips available for larger vessels. • Besame was berthed at 915 Via Lido Soud. Council Policy H -1 states: • "In those areas of the harbor where the piers and floats are bayward of residential zoned areas, live aboards shall not be permitted " • "The term "Live Aboard" shall mean the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 72 hours" Harbor Resources and the Harbor Patrol have traditionally defined the 72 hour limit as being within any 30 day period. vyY,NrpR^ Cp � Residential Live Aboard Appeal Harbor Resources Division Note: Live Aboards at residentially zoned areas should not be confused with Live Aboard permits for offshore moorings. These types of permits are regulated by Chapter 17.23 of the Municipal Code and Harbor Resources. Residential live aboards are not addressed in 17.23. Live Aboards at private commercial marinas are not regulated by the City. I•A Newport Harbor and Large Transient Vessels Harbor Resources • Newport Harbor can accommodate large transient vessels only on a Division temporary basis via the anchorage area to the east of Lido Isle and the one offshore mooring near the Harbor Patrol's office. The rules for these areas are: Anchorage Area Near East End of Lido Maximum 5 days out of 30 days Offshore Mooring Rentals Summer (May 1 to October 31): 15 days maximum out of 30 days Winter (November 1 to April 30): 60 days maximum out of 6 months The Appeal Harbor Resources • The Huzyaks maintain that Newport Beach will benefit when large Division vessels visit the harbor via their demand for maintenance, provisioning and servicing. However, Newport lacks the proper berthing facilities. As non - resident property owners, they support the current rules concerning live aboards yet they feel allowances should be made for transient vessels and their captains. • Captains' responsibilities include: maintaining the vessel, keeping it secure and safe, averting any disasters with bilges, freezers, electronics etc ... while on board. The Huzyaks request that licensed captains be allowed to live aboard transient vessels for a short, predetermined time frame of roughly 3-4 months. ` Nywr�k R Residential Live Aboard Appeal a Harbor Resources Division Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Alternative: Direct staff to amend Council Policy H -1 to allow the Huzyaks request. E�yvvroR _ Residential Live Aboard Appeal J [ Harbor Resources Division Recommendation: 1) Conduct the appeal hearing and: 2) A. Uphold the Harbor Commission's decision and restrict persons from living aboard the Besame while berthed at a residential pier for greater than 72 hours in any 30 day period; or B. Reverse the Harbor Commission's decision and allow persons to live aboard the Besame while berthed at a residential pier for a specified time frame as determined by the City Council. For More Information " Harbor Resources Harbor Resources Division Chris Miller, Harbor Resources Supervisor (949) 644 -3043 cmiller(ocity. newport- beach. ca. us Tom Rossmiller, Harbor Resources Manager (949) 644 -3041 trossmiller(alcity. newport- beach. ca. us http : / /www. city. newport- beach. ca. us/HBR/ Harbor Commission, Agenda / Minutes Harbor Resources Division FAX INS, Phone Fax Phone CC: ;FIVE a /t s a�� Gail P. Rosenstein 933 Via Lido Soud Newport Beach, CA 92663 Date Tuesday i /9 ul, • 3 _Q rj Number of pages including cover sheet From: Gail Rosenstein Phone _(949)723 -5768 Fax Phone _(949) 723 -6465 REMARKS• urgent Reply 1 `r • 19 12pc t9 er)mPli6ri�- ♦• _ • 6c ao btjin< 1, Ar • i 10' docked i r esj-drn4i'Al /' h4AJS I • r r / • / r L.nq 4I ♦ s wo, 1 b " /9 A• ♦ G • blque- i �ft�nd -�`he Cr�Y rvu;�eil mPP +f�c�. a - 1 41