It is unlawful for any person to live-aboard in the Santa Barbara Harbor without having been issued a valid live-aboard permit by the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992)
A. 
Requirements for issuance of live-aboard permits. A live-aboard permit may be issued only if all of the following standards are met:
1. 
Principal Residence. All applicant(s) for live-aboard permits shall be slip permittees, and the vessel shall be that person's and any "Additional Occupants" principal place of residence, as that term is defined in the U.S. Internal Revenue Code.
2. 
Sanitation. The vessel shall be equipped with a fully operational type I, II, or III Coast Guard-approved marine sanitation device suitable in the opinion of the Waterfront Director to prevent direct discharge of human waste into the Harbor.
3. 
Slip Permit. The vessel shall occupy a Slip pursuant to a valid Slip Permit but not a yacht brokerage slip as defined in Section 17.20.005.F.
4. 
Number of Applicants. No more than one person may apply for a single live-aboard permit, provided he or she meets the requirements of this chapter.
B. 
Additional occupants. For the purpose of this chapter, "Additional Occupants" are defined as persons, other than the live-aboard permittee, living aboard a vessel for which a valid live-aboard permit has been issued and who are listed on that live-aboard permit as Additional Occupants.
C. 
Maximum number of additional occupants. No more than four Additional Occupants may be added to a live-aboard permit, unless authorized in writing by the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5023, 1997; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)
A. 
Registration. All persons living aboard a vessel pursuant to a permit issued in accordance with subsections 17.18.020A.1 and 4 must be registered as a live-aboard with the Waterfront Director and shall be listed as a live-aboard or "Additional Occupant" on the live-aboard permit for that vessel.
B. 
Rules and regulations. All persons living aboard a vessel pursuant to a permit shall comply with all regulations, laws, and rules of the Harbor.
C. 
Monthly fee. The live-aboard permittee shall pay a monthly live-aboard fee in an amount established by resolution of the City Council. The monthly live-aboard fee shall be due and payable to the Waterfront Department as part of and in addition to the monthly Slip Fee.
D. 
Guests. The live-aboard permittee shall notify the Waterfront Department regarding live-aboard guests if their anticipated stay is seven days or longer. The permittee is limited to 60 live-aboard guest days per year, unless authorized in writing by the Waterfront Director. Unless approved by the Waterfront Director, the live-aboard permittee must be present onboard the vessel during any and all overnight guest stays.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)
Unless suspended, revoked or terminated pursuant to this chapter, a live-aboard permit may be renewed annually effective May 1st upon application and compliance with all terms of this chapter. A live-aboard permit may not be transferred to another person but may be transferred by the live-aboard permittee to a new vessel or to a new Slip Permit of the original live-aboard permittee with prior written approval of the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007)
A. 
Termination. A live-aboard permittee may terminate his or her Live-Aboard permit upon 30 days prior written notice of termination to the Waterfront Department.
B. 
Termination by Waterfront Director. The Waterfront Director may terminate a Live-Aboard permit upon 30 days prior written notice of termination to the Live-Aboard permittee for any of the following reasons:
1. 
Failure to Maintain Berthed Vessel in Operable Condition. The failure of a Live-Aboard permittee to continuously maintain a vessel berthed in a Slip in an Operable condition as required by Section 17.20.005.L herein.
2. 
Failure of Live-Aboard Permittee to Comply With Waterfront Department Rules and Regulations. The failure of a Live-Aboard permittee or Live-Aboard permittee's "Additional other Occupant," guest or visitor to comply with all applicable local, state and federal laws and all Waterfront Department Rules and Regulations.
3. 
Failure of the Live-Aboard Permittee or their Additional Occupants, guests or invitees to comply with reasonable standards of health, safety and welfare.
C. 
Issuance of live-aboard permit after termination. A Live-Aboard permittee whose Live-Aboard permit is terminated as provided herein may not apply for another Live-Aboard permit until six months after the date upon which the Live-Aboard permit is terminated. The Waterfront Director shall have the sole discretion to decide whether to issue another Live-Aboard permit or not. The Waterfront Director's decision shall be final.
D. 
Appeal. If the Waterfront Director terminates a Live-Aboard permit, the Live-Aboard permittee may request a waiver of the termination from the Waterfront Director. To request a waiver of the termination, the Live-Aboard permittee shall file a written waiver request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date that the Live-Aboard permit is terminated. If the Waterfront Director denies the waiver, the Live-Aboard permittee may appeal the Waterfront Director's decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the date of the Waterfront Director's decision. The Harbor Commission's decision on the appeal shall be final. If no waiver request is filed, the Live-Aboard permittee may appeal the Waterfront Director's decision to terminate the Live-Aboard permit to the Harbor Commission. The Live-Aboard permittee shall file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date of the Live-Aboard permit termination.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5528, 2010; Ord. 5901, 2019)
Fees for the issuance, renewal, or reinstatement of live-aboard permits shall be in an amount established by resolution of the City Council.
(Ord. 4387, 1986; Ord. 5420, 2007)
A. 
General rule. No more than 10% of Harbor Slips may be occupied by live-aboard permittees at any time.
B. 
Waiting list.
1. 
Procedure. A waiting list for live-aboard permits may be maintained and available for public inspection. Live-aboard permits shall be issued according to application date and availability of live-aboard permits. When a live-aboard permit becomes available, it shall be offered to the first person on the waiting list. Notification will be mailed to the most current address on file in the Harbor-master's office. It is the sole responsibility of the applicant to keep the address on file with the Harbormaster current. Acceptance must be made in writing to the Waterfront Department within 30 days of the mailing date of notification. If a live-aboard permit is offered and not accepted within 30 days, the applicant's name will be removed from the list. Fees paid to be included on the live-aboard waiting list are non-refundable.
2. 
Fees. A live-aboard permit waiting list fee in an amount established by resolution of the City Council shall be paid to the Waterfront Department at the time of the request to be placed on the waiting list. A renewal fee in an amount established by resolution of the City Council shall be paid each year an applicant remains on the live-aboard waiting list. Should the City cancel the live-aboard waiting list before offering the applicant a permit, the City will refund the renewal fee paid by the applicant for the current year.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5149, 2000; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)
The vacation use of a vessel by a slip permittee and the slip permittee's guests does not require a live-aboard permit, provided:
A. 
Unless approved by the Waterfront Director, the Slip permittee must be present onboard the vessel during any and all vacation use stays;
B. 
Such vacation use or visiting guests do not exceed a total of 60 days in any calendar year;
C. 
A minimum of 50% of vacation use is utilized in increments of seven days or more;
D. 
The names of the vacation users and the dates of vacation use are registered with the Waterfront Director by the slip permittee; and
E. 
The vessel is equipped with a fully operational marine sanitation device suitable for preventing direct discharge of human waste into the Harbor.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)