Quote:
Originally Posted by roverhi
Has anybody challenged the 10% rule for liveaboards in court?? Seems like it's discrimination and limitation of basic rights.
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It probably could be challenged (legally or legislatively), but liveaboards do not have a lot of political clout in the bay area nor do they have deep pockets to work it through the courts. Just a few years ago, it wasn't generally a big problem to find
liveaboard space, but rents have skyrocketed in the region and the marinas are clamping down on sneak-aboards. This is from a 2001 article on
SF Bay Conservation and Development Commission (known as BCDC) that describes the
history of the 10% limit:
How was the limit of 10% live-aboards per marina arrived at, and how can it have the force of law?
Sections 66632(f) and 66651(d) of the McAteer-Petris Act require the Commission to issue permits for activities that are consistent with the provisions of the Act and the
San Francisco Bay Plan. Section 66651(d) also allows the Commission to incorporate special area plans, such as the one for Richardson Bay, into the Bay Plan. Section 66652 allows the Commission to amend the Bay Plan. Thus, the Bay Plan and Richardson Bay Special Area Plan policies have the full force and effect of law.
The Bay Plan policy limiting
live-aboard berths to ten percent of the total berths in a marina was adopted after a long public debate and much input from the
boating and marina community in the mid 1980s. The Commission concluded that having residents living in a recreational marina would provide additional
security for recreational
boating, a primary trust use. Therefore, the Commission decided a limited amount of residential use on
live-aboard boats could be considered ancillary to a water-oriented use and consistent with the public trust. The Commission decided that the best way to define "ancillary" administratively was to establish a numerical standard for the amount of residential use.
To establish this standard, the Commission’s staff surveyed existing marinas and yacht harbors in the Bay and found that on average less than five percent of the berths in the marinas were used by live-aboard boats. To ensure that no existing live-aboards would have to be evicted, the Commission chose a percentage that was double the existing figure, which was still a percentage that could be reasonably supported as being truly ancillary. The Commission also indicated that it would allow more than the ten percent in certain cases, particularly when the live-aboard boats were existing as of the time the policy was adopted, so as to avoid any existing live-aboard residents being evicted.
The Commission also adopted a regulation (Section 10128) defining a live-aboard boat as "a boat that is not a transient boat, that is capable of being used for active self-propelled
navigation, and that is occupied as a residence as that term is defined in
California Government Code Section 244."
Government Code Section 244 establishes seven criteria for determining place of residence. One of the criteria provides that a person can have only one place of residence at any one time. So if someone lives on a boat during the summer, but has another official residence, the boat would not be considered by BCDC to be a live-aboard boat. Transient boats, sometimes called cruisers which are used as permanent residences by people on extended sailing excursions, are also considered by BCDC to be a type of recreational boat. The vessels covered by the BCDC definition of "live-aboard boat" are those that used as full-time permanent residences, so even with ten percent restriction, harbormasters can allow additional residents if they are on transient boats or are not permanently living on their vessels.