HomeMy WebLinkAbout03 - Amending the NBMC Pertaining to Live-Aboards, On -Shore Moorings, and Other Miscellaneous ProvisionsQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 10, 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:
For the City Council's consideration is the adoption of Ordinance No. 2022-9, which
reflects changes to Title 17 and the Newport Beach Municipal Code intended to
assist staff and the Harbor Commission when considering operations, permitting
and code enforcement in Newport Harbor. The ordinance was introduced and
considered at the City Council's April 26, 2022 regular meeting.
RECOMMENDATION:
a) Find this project statutorily 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) Conduct second reading and adopt Ordinance No. 2022-9, An Ordinance of the
City Council 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.
DISCUSSION:
At its April 26, 2022, meeting, the City Council introduced and passed to second reading
Ordinance No. 2022-9, which if adopted, would amend the Newport Beach Municipal
Code to support various harbor -related operational improvements. If adopted, the
ordinance and associated code amendments would become effective June 9, 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
May 10, 2022
Page 2
The recommended revisions to the NBMC include amending the provisions for mooring,
and live-aboards; amending the regulations regarding noise, speed limits, pier use, and
fueling; and amending the City of Newport Beach's ability to enforce the provisions of
Title 17, including establishing fines for specific infractions related to abandoning vessels
in Newport Harbor. It should be noted that the proposed amendments before the City
Council exclude any changes for raft -ups, which will return to the Council for consideration
at a later date.
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).
ATTACHMENT:
Attachment — Ordinance No. 2022-9
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ATTACHMENT A
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,
alifornia;
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 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 (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
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 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 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 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 7: 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. Provision of a written representation of the mooring sub-permittee's vessel
length which shall be satisfactory to the Harbormaster;
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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 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 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:
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Ordinance No. 2022-9
Page 5 of 7
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 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 10: 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 11: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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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 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 14: 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 15: 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.
M
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 ATTORNEY'S OFFICE
A, C
i.,__
AA�ON C. HARP, CITY ATTORNEY
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