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)