HomeMy WebLinkAbout2020-27 - Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related ProvisionsORDINANCE NO. 2020-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER
17.40 (LIVE-ABOARDS) OF TITLE 17 (HARBOR CODE) OF
THE NEWPORT BEACH MUNICIPAL CODE AND OTHER
RELATED 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 Constitutions, 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, 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 adopted rules and regulations for Newport Harbor, which are
contained in Title 17 (Harbor Code) ("Title 17") of the Newport Beach Municipal Code
("NBMC");
WHEREAS, in 2017, the City assumed mooring management responsibilities from
the County of Orange Sheriff's Department over Newport Harbor and created a Harbor
Department to oversee these new responsibilities and, as a result, the City Council
adopted Ordinance No. 2018-17 amending Title 17 to reflect this reorganization;
WHEREAS, on January 28, 2020, the City Council adopted comprehensive
revisions to Title 17 (Harbor Code), and directed the Harbor Commission to further
analyze revisions to Chapter 17.40 (Live-Aboards);
WHEREAS, at the September 9, 2020 meeting, the Harbor Commission
recommended City Council approve revisions to Chapter 17.40 (Live-Aboards) and other
related revisions;
WHEREAS, updates to other related provisions of the NBMC are necessary in
order to create consistency throughout the NBMC; 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).
Ordinance No. 2020-27
Page 2 of 7
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows:
Section 1: The definition of "Live -Aboard" in Subsection (1)(2) of Section
17.01.030 (Definitions: L.) of Chapter 17.01 (Definitions) of Title 17 (Harbor Code) of the
Newport Beach Municipal Code is hereby amended to read as follows:
2. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel for
human habitation a) while at its mooring for a period exceeding seventy-two (72) hours in
any thirty (30) day consecutive period; or b) at its dock or berth in a commercial marina
for a period exceeding one hundred eighty (180) days or more, in any three hundred sixty-
five (365) day period.
Section 2: Subsection (E) of Section 17.20.020 (Vessel Operation) of Chapter
17.20 (Vessel Launching and Operation) of Title 17 (Harbor Code) is hereby amended to
read as follows:
E. Anchoring. In addition to the requirements set forth in Section 17.25.020(A)(1)(b), no
person owning, leasing, occupying or having charge or possession of any vessel shall
anchor such vessel in any of Newport Harbor's designated public anchorage areas or on
the Pacific Ocean unless the vessel is continuously occupied by a person during:
1. Any nighttime hours (sunset to sunrise);
2. Anytime period when a Small Craft Advisory or greater has been issued by the
National Oceanic and Atmospheric Administration; and
3. During daylight hours, except for one shore excursion per day for no more than
three hours.
Section 3: Subsection (A) of Section 17.25.020 (Anchorage, Berthing and
Mooring Regulations) of Chapter 17.25 (Berthing, Mooring and Storage) of Title 17 (Harbor
Code) is hereby amended to read as follows:
A. Location. No person having charge of any vessel shall berth or anchor the same in
Newport Harbor except within designated areas. Any vessel which is berthed, moored or
anchored at a place not designated for such vessel shall be moved as directed by the
Harbormaster. In the designation of mooring areas and anchorage areas, consideration
shall be given to the needs of commerce, the utilization of turning basins, the use of
channels for navigation, and the economy of space. No vessels shall be moored or
anchored in any part of any turning basin or channel unless secured both fore and aft
except as provided in subsection (H) of this section. Every vessel moored or anchored in
any part of the harbor outside of any turning basin or channel shall be so moored or
Ordinance No. 2020-27
Page 3 of 7
anchored as to prevent such vessel from swinging or drifting into any turning basin or
channel.
1. No person owning, leasing, occupying or having charge or possession of any
vessel shall:
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. In
the designation of mooring areas and anchorage areas in Newport Harbor,
consideration shall be given to the needs of commerce, the utilization of turning
basins, the use of channels for navigation, and the economy of space.
Section 4: Section 17.40.010 (Purpose) of Chapter 17.40 (Live-Aboards) of Title
17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended in its entirety
to read as follows:
Section 17.40.010 Purpose.
The City Council of the City of Newport Beach finds and declares as follows:
This chapter will promote the public health, safety and welfare by regulating the number of
persons living aboard vessels on offshore moorings and ensuring, to the extent possible,
that the residential use of a vessel in Newport Harbor does not result in the discharge of
human waste or other waste; activities that are disruptive or impede other parties' use and/or
enjoyment of Newport Harbor; or otherwise adversely impact the health, safety and welfare
of Newport Harbor and those that visit, work around, or live on or near, the bay.
Section 5: Section 17.40.020 (Live-Aboards Prohibited) of Chapter 17.40 (Live-
Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby
amended in its entirety to read as follows:
Ordinance No. 2020-27
Page 4 of 7
Section 17.40.020 Live-Aboards Prohibited.
Live-aboards shall not be permitted at piers that are bayward of residentially zoned areas.
No person shall live aboard any vessel on an onshore mooring.
Section 6: Section 17.40.030 (Permits Required) of Chapter 17.40 (Live-Aboards)
of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended in its
entirety to read as follows:
Section 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 eight (180) days in any three hundred sixty-
five (365) day period.
Section 7: Section 17.40.050 (Issuance of Permit) of Chapter 17.40 (Live-
Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby
amended in its entirety to read as follows:
Section 17.40.050 Issuance of Permit.
Upon receipt of an application for a live -aboard permit, the Harbormaster shall investigate
the information contained in the application along with other information on record
available to the City. The Harbormaster shall deny the application if:
A. The vessel which will serve as the principal residence is not equipped with a fully
operational marine sanitation device and holding tank with a capacity of no less than ten
(10) gallons which is necessary to ensure no discharge of human waste into Newport
Harbor;
B. Approval of the application would result in live -aboard permits in excess of the
limitations provided by this chapter;
C. The applicant does not have a valid mooring permit as required by Section 17.60.040
or a valid rental agreement from a commercial marina.
Ordinance No. 2020-27
Page 5 of 7
D. Issuance of the permit, given the specific circumstances of the application, would
significantly impact persons residing, working or visiting Newport Harbor;
E. The vessel is incapable of safely maneuvering under its own power, whether by sail
or engine, from its mooring, dock or berthing place, to the open waters of the Pacific
Ocean and back to the mooring, dock or berthing place; or
F. In the case of a renewal, the applicant was in violation of this title during the prior
permit term.
Section 8: Section 17.40.060 (Term/Renewal) of Chapter 17.40 (Live-Aboards) of
Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby amended in its
entirety to read as follows:
Section 17.40.060 Term/Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12)
months. Applications for the renewal of any permit shall be submitted at least sixty (60)
calendar days before expiration of the permit, on forms supplied by the City, shall include
the fee established by resolution of the City Council and shall specify any changes to the
information provided on the original application for a permit.
B. The application for renewal shall be denied if the permittee does not comply with any
of the requirements specified in Section 17.40.050; the permittee has failed to comply
with any provision of this title during the term of the previously issued permit; or the
permittee has failed to use the vessel as permittee's principal residence during the
previous term of the permit.
C. The issuance of a live -aboard permit to a mooring permittee is not transferrable and
does not create any tenancy between the City and the permittee or other persons living
aboard, nor does it create any property right to the mooring site.
Section 9: Section 17.40.110 (Limitation on Number of Permits) of Chapter 17.40
(Live-Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is hereby
amended in its entirety to read as follows:
Section 17.40.110 Limitation on Number of Permits.
The number of live -aboard permits issued to permittees holding valid offshore mooring
permits shall not exceed seven percent of the number of offshore mooring permits issued
by the City pursuant to Chapter 17.60.
Ordinance No. 2020-27
Page 6 of 7
Section 10: Except as specifically amended by this ordinance, all other
sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall
remain unchanged and in effect.
Section 11: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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 approval 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), 15060(c)(3) (the activity is not a project as defined in Section 15378),
15320 (changes in organization by local agencies), and 15321 (enforcement actions by
regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because the revisions to Title 17 set forth herein have no potential
for resulting in physical change to the environment, directly or indirectly.
Section 14: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414. This ordinance shall be effective thirty (30)
calendar days after its adoption.
Ordinance No. 2020-27
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 27th day of October, 2020, and adopted on the 10th day of
November, 2020, by the following vote, to wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery, Council Member Brenner, Council
Member Dixon, Council Member Muldoon
NAYS:
ABSENT: Council Member Herdman
RECUSED: Council Member Duffield
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WILL O'NEILL, MAYOR
ATTEST:
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LEILANI I. BROW I CLERK
APPROVED AS TO FORM:
THE CITY ATTORNEY'S OFFICE
AA ON C. HARP, CI ATTORNEY
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Ordinance No. 2020-27
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 27th day of October, 2020, and adopted on the 10th day of
November, 2020, by the following vote, to wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery, Council Member Brenner Council
Member Dixon, Council Member Herdman Council Member Muldoon
NAYS:
ABSENT:
RECUSED: Council Member Duffield
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
THE CITY ATTORNEY'S OFFICE
C �L
AA N C. HARP, CITY A TORNEY
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. 2020-27 was duly introduced on the 27th day of October, 2020, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 10th day of November, 2020, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Kevin Muldoon
NAYS: None
RECUSED: Council Member Duffy Duffield
ABSENT. Council Member Jeff Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of November, 2020.
GLV J, ow�_, -
Leilani I. Brown, MFAC
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. 2020-27 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: October 31, 2020
Adopted Ordinance: November 14, 2020
In witness whereof, I have hereunto subscribed my name this /* day of November, 2020.
c
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California