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Home My WebLink AboutSS2 - Marine Activities Permit - PowerPointOAC January 12, 2021 Item No. SS2 Harbor Commission Efforts to Update NBMC 17.10 Marine Activities Permits Study Session — Presented to City of Newport Beach City Council January 12, 2021 Carol Jacobs, Assistant City Manager City of Newport Beach Newport Harbor A Shared Resource Li e ve BMW v0z 4 e Play ICIF05L Newport Harbor - A Shared Resource City Tidelands Consists of Approximately 800 Acres of Waterway • With the Harbor Serving VariousgStakeholder Groups... • Local Newport Beach Residents :ter -� ... • Greater. $crtrt em California Community �s ' _•: : � :V- • Out of Area Visitors / Touri`ts • Recreational Boating Community • Youth, Collegiate and Club Sporting Activities' • Harbor -Adjacent Businesses'r'..:. • Harbor -Based Businesses • And Others 0 ern f A Marine Activities Permits :M Marine Activities Permits require large charter operators to use main channels, to limit impact on area residents. N BMC 17.10 • Promotes engagement with businesses operating on the waters of Newport Harbor • Advances efforts to cooperatively serve (strike balance with) various Harbor stakeholders (those who live here, work here, and play here) • Assists in managing the overall harbor • Sets a framework to support local on -water businesses by establishing an even playing field Harbor Commission's Review of 17.10 Single vessel charter operators with six of fewer passengers currently do not require a Marine Activities Permit • Harbor Commission developed recommended revisions and updates to Title 17 during the past year and a half • City Council adopted various revisions to this section of the Municipal Code in February and November of 2020. • Title 17.10 (Marine Activities Permits) was not included in those first rounds advanced to Council. Harbor Commission's Review of 17.10 Code Enforcement Supervisor meeting with one of the Newport Harbor's mobile waste 0 @� u � a haulers service providers. °q<1 FO VL • Harbor Commission's subcommittee on Harbor Policies, Codes and Regulations was tasked with the review of Title 17 • This sub -committee held three community meetings to discuss possible revisions to NBMC 17.10 • The subcommittee received input from the community and developed various recommended updates Harbor Commission's Review of 17.10 • Main areas of focus associated with this review and recommendations, included... • Assessing what types of businesses require a Marine Activities Permits (MAP) • Determining how to best implement MAP requirements for new commercial activities, as well as establishing similar expectations for some existing operators now exempt from obtaining such a permit. 11 Addressing "good neighbor" issues — such as setting expectations including noise, lighting, routes of travel, off-street parking, locations for passenger loading and unloading, hours of operation, etc. Requiring insurance, naming the City as additional insured Updating Administrative Citations and Fines associated with code violations What Activities Would Require a MAP? • Current Activities with MAPs • Passenger Carrying Charter Operators • Boat Rental Businesses • Human Powered Craft Rental Businesses (Stand Up Paddle Boards, Kayaks, etc.) • Proposed Activities Requiring MAPs • New `Six -Pack' and `Twelve -Pack' Charters (single vessel charter operators with six or fewer passengers if the vessel is less than 100 tons or twelve or fewer passengers if the vessel is greater than 100 tons.) • Those using a vessel conduct a business or service (such as: vessel pump out service, bottom cleaning, fuel delivery, towing, maintenance or repair services, etc.) Permit Conditions ("Good Neighbor" Issues) nnmffi_ EEEL_ � — • Adequate off-street parking for employees and passengers • No passenger loading from public docks • Music and sound levels /times music and amplified sounds are allowed • Restriction of horns, whistles, bells, and noisemaking equipment — except as required by USCG regulations. • Aiming/shielding vessel lighting equipment appropriately • Responsible disposal of trash/management of sanitation devices • Use of main channels, away from shore and residences, where appropriate • Insurance requirements naming City as additional insured o��W�Re Keeping vessel registration/documentation current u � a °q<1 FO VL New vs. Existing Non -Conforming • As proposed, commercial activities now exempt from obtaining a MAP would be allowed to continue to do so. • However, these non -conforming commercial activities would be subject to various conditions, consistent with those businesses under the MAP provisions (with the exception of off-street parking requirements) • If such anon -conforming business expand their operations, they would be required to obtain a MAP • New businesses (or existing businesses operating which are determined as not being exempt from the provision) would be �W SRT ° a subject to the full MAP requirement. u � a cq<Fo'P Existing Businesses Conditions .... .. ... .......... ... .... No passenger loading from public docks • Music and sound levels /times music and amplified sounds are allowed • Restriction of horns, whistles, bells, and noisemaking equipment — except as required by USCG regulations. • Aiming/shielding vessel lighting equipment appropriately • Responsible disposal of trash/management of sanitation devices • Use of main channels, away from shore and residences, where appropriate • Insurance requirements naming City as additional insured o��W�Re Keeping vessel registration/documentation current u � a What's next? • City Council to consider Ordinance No. 2021- , in order to amend NBMC section 17.10 related to Marine Activities Permits. • Should the ordinance be amended to incorporate the principles outlined herein, future Marine Activities Permits will be issued accordingly. • Exempt non -conforming businesses will be required to comply with conditions listed in 17.10.060. • Future Marine Activities Permits will be issued using agreements customized for the specific businesses type: charter operations; human powered vessels; boat rentals (wind, electric and fuel �W SRT ° a powered); and on -water service providers. u � a °q<I F0 VL Q� Questions? Study Session — Presented to City of Newport Beach City Council January 12, 2021 Carol Jacobs, Assistant City Manager City of Newport Beach