HomeMy WebLinkAbout03 - Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the NBMC and Other Related ProvisionsQ SEW Pp�T
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z NEWPORT BEACH
c<,FORN'P City Council Staff Report
January 26, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Carol Jacobs, Assistant City Manager - 949-644-3313,
cjacobs@newportbeachca.gov
PREPARED BY: Carol Jacobs, Assistant City Manager
PHONE: 949-644-3313
TITLE: Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities
Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal
Code and Other Related Provisions
ABSTRACT:
The City Council approved the first reading of Ordinance No. 2021-3 amending Title 17,
Chapter 17.10 (Marine Activities Permits) and other related provisions. This action would
approve the proposed changes. In addition, for the City Council's review are the four
industry -specific Marine Activities Permit Applications.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Conduct second reading and adopt Ordinance No. 2021-3, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Chapter 17.10 (Marine
Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and
Other Related Provisions; and
c) Receive and file the Marine Activities Permit industry specific applications.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Harbor Commission has reviewed and the City Council approved changes to
Title 17, Chapter 17.10 (Marine Activities Permit) and an amendment to fines at their
January 12, 2021. Attachment A is Ordinance No. 2021-3 for final approval. At the City
Council meeting several minor changes were approved to the ordinance, which include:
changes to 17.10.120, clarifying language that the Harbormaster shall maintain a list of
existing commercial activities that include name, type, and size of commercial activity;
clarification that a substantial change in business activities of existing commercial
activities shall be appealable (17.10.120 B); and the Risk Manager shall provide written
notice of determination regarding insurance requirements, 17.10.070 and 17.65.010.
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January 26, 2021
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There are four types of Marine Activity Permit applications, which include: 1) Charter
Vessel Rentals, 2) On -water Service Providers, 3) Human Powered Rentals, and 4) Wind,
Electric, and Fuel Powered Vessel Rentals (Attachments B through E).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Ordinance No. 2021-3
Attachment B
— Charter Vessel Rentals
Attachment C
— On -Water Service Providers
Attachment D
— Human Powered Rentals
Attachment E
— Wind, Electric and Fuel Powered Vessel Rentals
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ATTACHMENT A
ORDINANCE NO. 2021-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER
17.10 (MARINE ACTIVITIES PERMIT) 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, on February 11, 2020, the City Council adopted Ordinance No. 2020-5
approving comprehensive revisions to Title 17 including, but not limited to, updating
definitions, regulating marine sanitation devices to protect against discharge of waste in
Newport Harbor, amending requirements for mooring subpermits, adding a procedure to
allow mooring length extensions, and modifying the procedures for issuance of permits,
appeals/calls for view, and revocations;
WHEREAS, on November 10, 2020, the City Council adopted Ordinance No. 2020-
27 approving additional revisions to Chapter 17.40 (Live-Aboards) and other related
provisions;
WHEREAS, revisions to Chapter 17.10 (Marine Activities Permits) were excluded
from the aforementioned revisions to Title 17 so that staff could receive community feedback
prior to initiating changes related to marine activities permits;
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WHEREAS, a telephonic public meeting was held on October 14, 2020 in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to
the Declaration of a State of Emergency and Proclamation of Local Emergency related to
Covid-19. A notice of the time, place and purpose of the hearing was given in accordance
with Government Code Section 54950 et seq. ("Ralph M. Brown Act"). Evidence, both
written and oral, was presented to, and considered by the Harbor Commission at this
hearing;
WHEREAS, at the conclusion of the hearing, the Harbor Commission adopted
Resolution No. HC2020-001 recommending City Council approval of the proposed
amendments to Chapter 17.10 and other related provisions by a majority vote (7 ayes, 0
nays);
WHEREAS, a telephonic public meeting was held by the City Council on January
12, 2021, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the hearing was
given in accordance with the Ralph M. Brown Act. Evidence, both written and oral, was
presented to, and considered by the City Council at this hearing; 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).
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows:
Section 1: Subsection (F) of Section 1.05.020 (Authority and Administrative
Citation Fines) of Chapter 1.05 (Administrative Code Enforcement Program) of Title 1
(General Provisions) of the Newport Beach Municipal Code is amended to read as follows:
F. In the case of administrative citations issued for violations of Chapter 5.28 [Live
Entertainment Establishments]; Chapter 5.32 [Cafe Dances]; Chapter 5.95 [Short Term
Lodging Permit]; Section 10.50.020(H) [violation of terms or conditions of a use permit
issued by the City]; Section 14.36.030 resulting in bay or beach closure [Illicit Connections
and Prohibited Discharges], California Fire Code section 107.5 (as adopted by Code Section
9.04.010); California Fire Code section 107.5.1 (as adopted by Code Section 9.04.020); or
Chapter 17.10 [Marine Activities Permit], administrative fines shall be assessed in the
following amounts when authorized by the City Manager or his or her designee.-
1.
esignee:
1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation;
2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of
the same ordinance or permit within one year from the date of the prior violation;
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3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or
any subsequent violation, within one year from the date of the prior violations.
Section 2: Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of
the Newport Beach Municipal Code is amended to read as follows:
MARINE ACTIVITIES PERMIT
Sections:
17.10.010 Findings and Purpose.
17.10.020 Permit for Commercial Activities in Newport Harbor Required.
17.10.025 Exemptions.
17.10.030 Application for Permit.
17.10.040 Filing Fee.
17.10.050 Issuance of Permit.
17.10.060 Power to Impose Conditions - Hold Harmless.
17.10.070 Insurance.
17.10.080 Duration of Permit.
17.10.090 Enforcement - Right of Entry.
17.10.100 Transfer of Permit.
17.10.110 Licenses and Fees Not Exclusive.
17.10.120 Application to Existing Commercial Activities.
17.10.010 Findings and Purpose.
A. Newport Harbor is a limited resource with an extensive existing and growing
demand for marine and recreational use;
B. There has been an increase in the nature and intensity of commercial activities
occurring on the waters of Newport Harbor;
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C. Some vessels carry a number of passengers and some are owned or operated by
persons who do not have a fixed base of operation on or near Newport Harbor that can
provide adequate boarding, parking or sanitation facilities necessary to serve their
employees, clients and customers;
D. Commercial activities on Newport Harbor require City services which may not be
paid by the patrons or passengers of commercial operators on Newport Harbor;
E. Commercial activities on Newport Harbor have created an additional demand for
available parking and created traffic congestion in and around the waterfront;
F. Commercial activities have sometimes created a level of noise which has
interfered with the right of residents, persons who own property and visitors on or near
Newport Harbor to the peaceful enjoyment of their property and public areas;
G. Commercial activities, especially the mix of large craft with limited maneuverability
and restricted uplands access, have the potential to interfere with the safe navigation of
vessels operating on the waters of Newport Harbor;
H. The requirements of this chapter are necessary to promote safety in Newport
Harbor, minimize the traffic congestion, parking shortages, excessive noise and speed
and the discharge of waste that could result from unregulated commercial activity and to
ensure safe operation within the capacity and constraints of Newport Harbor;
I. The Harbor and Bay Element of the General Plan establishes an objective to
preserve existing commercial uses in Newport Harbor to the extent necessary to maintain
and enhance the charm and character of the harbor and to provide support services for
visitors, recreational boaters and other water -dependent activities by enforcing existing
ordinances and, if necessary, establish new standards for the operation of commercial
activities. The Local Coastal Program establishes commercial definitions that allow for
certain uses with policies established to accommodate commercial designations;
J. In adopting this chapter, the City Council intends that the health, safety and welfare
of those who use, enjoy and own property on or near Newport Harbor are not adversely
affected by commercial activities conducted on those waters and that suitability and
capability of the Newport Harbor infrastructure to accommodate future permit -dependent
operations are adequately considered in permit application processes;
K. Fees and charges imposed on commercial users of Newport Harbor should
recover City costs and contribute to major harbor maintenance projects (i.e., dredging);
L. Leases should be used where appropriate to recover the fair market value of the
use of public tidelands from holders of permits for marine commercial activities on
tidelands properties; and
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M. To administer the use of public trust lands in a manner consistent with the tidelands
trust, the California Constitution, the certified Local Coastal Program, and applicable laws.
17.10.020 Permit for Commercial Activities in Newport Harbor Required.
A. No person shall engage in any commercial activity including, but not limited to,
scheduling, arranging, operating or renting any bareboat or certified charter, vessel or
equipment, on the waters of Newport Harbor without first obtaining a valid marine
activities permit pursuant to this chapter.
B. No person shall use a vessel to conduct a business or service including, but not
limited to, pump out, towing, bottom cleaning, fuel delivery, and/or maintenance or repair
services, on the waters of Newport Harbor without first obtaining a valid marine activities
permit pursuant to this chapter.
17.10.025 Exemptions.
The requirements of this chapter are not applicable to the following:
A. Commercial activities operating pursuant to a permit issued by the Army Corps of
Engineers, or a special event permit or commercial film permit issued by the City;
B. Persons operating with a commercial pier permit, lease or franchise issued by the
City unless engaging in commercial activities that would otherwise require a permit
pursuant to this chapter.
17.10.030 Application for Permit.
An application for a new permit or the reinstatement of a permit under this chapter shall
be filed with the Harbormaster, upon forms provided by the City, and shall contain such
information which the Harbor Commission or Harbormaster may require.
17.10.040 Filing Fee.
A new or renewal application for a marine activities permit or an application for the
reinstatement of a marine activities permit shall be accompanied by the fee established
by resolution of the City Council.
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17.10.050 Issuance of Permit.
Upon receipt of a complete application for a marine activities permit, the Harbormaster
shall investigate the information contained in the application. The Harbormaster shall refer
the application to the Community Development Department to verify that all of the
applicable provisions of Titles 20 and 21 have been addressed or complied with and the
Public Works Department to ensure safe vehicular ingress and egress, and, where
applicable, the safe loading and unloading of passengers and supplies. The
Harbormaster may also refer the application to the Harbor Commission, or other
appropriate City departments, for investigation, report or recommendation. The
Harbormaster shall inspect, or cause to be inspected, the vessel(s), marine sanitation
device(s), boarding facilities, parking and all upland support facilities listed in the
application. The Harbormaster shall notify an applicant of his or her decision in writing
within ninety (90) days from the date on which a completed application is received.
Except as provided in this section, the Harbormaster may issue the marine activities
permit upon a determination that approval of the application will not adversely affect the
health, safety or welfare of those who use, enjoy, or own property on or near Newport
Harbor.
The Harbormaster shall approve the application unless:
A. The proposed commercial activity is likely to create noise which would adversely
affect use or enjoyment of the waters of Newport Harbor by members of the public, or
interfere with the rights of those who own property on or near the waters of Newport
Harbor to the peaceful and quiet enjoyment of that property;
B. The proposed commercial activity is likely to contribute to the problem of water
pollution and/or litter in the waters of Newport Harbor;
C. The vessel or craft to be used by the applicant does not satisfy the applicable
standards of the United States Coast Guard, or City, County of Orange, state or federal
requirements of law;
D. The proposed commercial activity is likely, when viewed in conjunction with other
anticipated rentals, charters and marine operations, to create a hazard to safe navigation,
or otherwise interfere with the rights of others to use the waters of Newport Harbor;
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E. The proposed commercial activity does not provide facilities to ensure adequate
parking, safe vehicular ingress and egress, and the safe loading and unloading of
passengers and supplies for the period subject to permit. For the purpose of this section,
parking shall not be considered adequate unless the number of parking spaces required
by Titles 20 and 21 of this Code are provided for the duration of the permit and will be
available during the days and hours of operation specified by the permit and that any off-
site parking arrangements have been approved in accordance with Titles 20 and 21;
F. The commercial activity would violate City, County of Orange, state or federal
requirements of law;
G. The applicant has misrepresented material facts in the application;
H. The proposed commercial activity, where applicable, does not provide uplands
support, docking or boarding facilities sufficient to safely accommodate the size of
vessel(s) or number of passengers indicated on the application,
I. The proposed commercial activity includes an upland use that requires a use
permit or other approval under Titles 20 and 21 and such permit has not been obtained;
or
J. The applicant has a marine activities permit which is currently suspended or had
a marine activities permit that has been revoked, or there is a notice of revocation or
suspension that is no longer subject to appeal has been issued within the past ninety (90)
days.
17.10.060 Power to Impose Conditions — Hold Harmless.
A. In granting any permit pursuant to this chapter, the Harbormaster, or the Harbor
Commission on appeal, may impose any additional conditions on the permit to ensure
that the proposed commercial activity will be compatible with the predominantly
recreational character of Newport Harbor, the rights of other persons using Newport
Harbor, the interests of residents and property owners whose properties abut or are in
close proximity to Newport Harbor, and the interests of the general public. Any such
permit shall contain a provision stating that the permittee shall defend, indemnify and hold
the City, the County of Orange, and the State of California harmless from any claim for
damages, penalties or fines arising out of the exercise of the permit; or the activities of
the permittee carried on under the authority of such permit including attorney's fees and
other costs and expenses incurred by the City.
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The Harbormaster or Harbor Commission, on approval or review, shall have the power to
impose new conditions or modify existing conditions with regard to any permit issued
pursuant to this chapter upon a determination that the operations by the permittee, in the
absence of the new or modified conditions, may adversely impact the health, safety or
welfare of those who use, enjoy or own property near or on the waters of Newport Harbor.
B. All permits issued pursuant to this chapter are subject to the following standard
conditions:
1. Adequate off-street parking shall be provided in accordance with Titles 20
and 21 for all employees, passengers and patrons of the commercial harbor
activity;
2. No passenger loading or unloading shall occur at any fuel dock or public
dock;
3. Passengers transported to or from the commercial harbor activity shall not
be picked up from, or unloaded on City streets;
4. All passengers and provisions shall be loaded and unloaded only from
docks or piers where the abutting uplands property is commercially zoned, with
proper permits;
5. Music and sound from the vessel shall be controlled so as not to disturb a
person of normal sensitivity at a point one hundred (100) feet from the hull of the
vessel;
6. Music, live entertainment, and all forms of amplified sound are prohibited
from 10 p.m. to 8 a.m.;
7. Air horns, whistles, bells, and other noisemaking equipment shall not be
used, except as required by United States Coast Guard regulations;
8. All outdoor lighting shall be designed, shielded, aimed, located and
maintained so that the directed light shall be substantially confined to the object or
area intended to be illuminated to minimize skyglow and/or glare onto adjacent
properties, the shoreline, coastal waters, and coastal bluffs;
9. All trash and litter generated by the commercial activity shall be properly
disposed of in a private trash receptacle;
10. All vessels in excess of twenty-five (25) feet in length shall operate within
main navigational channels, as far from shore as practical, and the route of travel
must be at least one hundred (100) feet from any residence;
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11. All vessels equipped with marine sanitation devices shall comply with
United States Coast Guard requirements in the use of approved holding tanks for
raw sewage, and dye tablets shall be installed in holding tanks during the operation
of the commercial harbor activity as required by the Harbormaster;
12. All federal, state, County of Orange, and City statutes, rules, ordinances,
laws and regulations shall be obeyed;
13. All required insurance naming the City of Newport Beach as an additional
insured and a business license shall be maintained in full force and effect for the
full term of the permit;
14. Registration/documentation for all vessels engaged in a commercial activity
must be kept current and provided to the Harbormaster upon request; and
15. All signs shall comply with the applicable provisions of Title 20.
17.10.070 Insurance.
Persons engaging in any commercial activity including, but not limited to, charters,
rentals, commercial services or any other types of operations on the waters of Newport
Harbor shall at all times maintain and provide to the City proof of insurance covering its
operation, naming the City as an additional insured with such policy limits and coverage
as established by the City Risk Manager. The Risk Manager shall issue a written notice
of determination of the policy limits and coverage, which shall be served in accordance
with Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels
covered.
17.10.080 Duration of Permit.
Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for
twelve (12) months from the date of issuance, unless terminated or revoked prior. The
Harbormaster may issue a permit for a shorter duration, provided the applicant meets all
the requirements of this chapter for the duration of the period permitted.
17.10.090 Enforcement — Right of Entry.
A. Enforcement. It shall be the duty of the Harbormaster to enforce each and all of
the provisions of this title, and the Chief of Police or other authorized City employee shall
render such assistance in its enforcement as may be required from time to time by the
Harbormaster.
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B. Right of Entry. The Harbormaster and any Police Officer or City employee whose
job includes the enforcement of this chapter shall have the power and authority to enter,
free of charge, and at any reasonable time, any place of business or vessel subject to the
requirements of this chapter.
17.10.100 Transfer of Permit.
No permit issued pursuant to the provisions of this chapter shall be transferable either by
assignment, sale, hypothecation, and operation of law or otherwise without permission of
the Harbor Commission having first been obtained. Application for transfer of any permit
shall be subject to the same terms, conditions and requirements as an application for an
original permit. In approving the transfer of any existing permit, the Harbor Commission
may impose such conditions as it may determine are in the public interest.
17.10.110 Licenses and Fees Not Exclusive.
Fees and permits required by this chapter shall be in addition to any license, permit or fee
required under any other chapter of this Code or any other provision of law.
17.10.120 Application to Existing Commercial Activities.
A. The commercial activities of those holding valid permits issued prior to March 24,
2006 may be continued to the extent authorized by the prior permit, provided the
previously approved commercial activity shall not be increased or expanded beyond the
activities conducted as of March 24, 2006. The holder of a permit issued under former
Chapter 17.41 that applied for a renewal of the permit issued under Chapter 17.41
pursuant to the requirements of this chapter on or before December 1, 2008, shall be
allowed to operate under the previously approved conditions and any condition of this
chapter not inconsistent with the operations and activities authorized under the previously
issued permit.
A commercial activity exempt from obtaining a marine activity permit pursuant to
Ordinance No. 2008-2 is a nonconforming commercial activity as of February 25, 2021
and may continue to operate without a marine activities permit but shall comply with
subsections (13)(2) through (13)(15) of Section 17.10.060 (Power to Impose Conditions —
Hold Harmless). A substantial change in the commercial activity as defined in subsection
(B) below or noncompliance with subsections (13)(2) through (13)(15) of Section 17.10.060
shall result in loss the nonconforming commercial activity status and require a marine
activities permit and full compliance with Chapter 17.10. The Harbormaster shall maintain
a list that includes the name, type and size of the commercial activity exempt as of
February 25, 2021, so as to ensure any substantial change in the commercial activity is
required to conform with the provisions of this chapter.
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B. All commercial activities covered under this Section 17.10.120 shall be deemed to
meet the requirements of this chapter, or any successor chapter, for renewal purposes
unless or until such time as the reviewing authority determines there is a substantial
change in the commercial activity. A substantial change may include, but is not limited to,
the following:
1. An increase in or expansion of the operational characteristics of the
commercial activity;
2. Change in the vessel(s) authorized to operate under the terms of the permit,
which change results in an increase in size or capacity of the vessel,
3. Change in the maximum number of patrons or passengers authorized to
participate in the commercial harbor activity on an authorized vessel;
4. Change in the approved off-street parking agreement(s), or loss of parking
provided prior to the effective date of the ordinance codified in this title;
5. Change in the physical condition of the dock, gangway or pilings that would
compromise the safety of the patrons or passengers;
6. Change in the location where the vessel(s) is berthed and/or loads and
unloads patrons or passengers and/or provisions for the commercial activity;
7. Change in the approved route of travel; or
8. Failure to correct a violation of the standard conditions imposed pursuant to
Section 17.10.060 or subsection (A) above.
The Harbormaster shall investigate and determine whether there has been a substantial
change in commercial activity or noncompliance resulting in loss of nonconforming
commercial activity status. In the event the Harbormaster's investigation determines there
has been a substantial change in commercial activity or noncompliance resulting in the
loss of nonconforming commercial activity status, the Harbormaster shall issue a written
notice of termination of nonconforming status, which sets forth the basis for the
Harbormaster's decision. The notice of determination shall be served on the operator in
accordance with Section 1.08.080.
Section 3: Section 17.65.010 (Authorization) of Chapter 17.65 (Appeals or Calls
for Review) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended
to read as follows:
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17.65.010 Authorization.
The purpose of this chapter is to provide procedures for the appeal or call for review of
the decisions of the Public Works Director, the Community Development Director, Risk
Manager, Harbormaster and Harbor Commission under this title.
A. Decisions of the Public Works Director, Community Development Director, Risk
Manager, and/or Harbormaster resulting from his or her administration of this title may be
appealed to the Harbor Commission by any interested person.
B. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
C. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions resulting from the Public Works Director,
Community Development Director and/or Harbormaster's administration of this title. The
purpose of the call for review is to bring the matter in front of the entire body for review.
D. A member of the City Council, acting in their official capacity, may call for review, to
the City Council, decisions of the Harbor Commission. The purpose of the call for review
is to bring the matter in front of the entire body for review.
Section 4: Section 17.70.015 (Suspension of Marine Activities Permit) of
Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal
Code is added to read as follows:
17.70.015 Suspension of Marine Activities Permit.
In addition to any fine or penalty that may be imposed pursuant to any provision of this
Code, a marine activities permit issued pursuant to Chapter 17.10 (Marine Activities
Permit) may be suspended as provided in this section.
A. Suspensions.
If any person violates any condition of the marine activities permit two (2) or more
times in any twelve (12) month period or any other provision of this Code, state or federal
law, two (2) or more times in any twelve (12) month period, and the violation relates in
any way to a condition of the marine activities permit, the permit may be suspended for a
period of up to six (6) months in accordance with subsection (B).
B. Procedure for Suspension. Permits shall be suspended in the manner provided
herein.
1. The Harbormaster shall investigate whenever he or she has reason to
believe that a marine activities permit holder has submitted an application that contains
false information or committed a violation of a permit condition, this Code, state or federal
law related to a marine activities permit. Such investigation may include, but is not limited
to, on-site or vessel inspections. Should the investigation reveal substantial evidence to
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support a finding that warrants a suspension of the marine activities permit, the
Harbormaster shall issue written notice of intention to suspend the permit. The written
notice shall be served on the owner in accordance with Section 1.05.030, directing the
permittee to appear at the date, time and place for a hearing on the suspension of the
marine activities permit. The notice shall specify the facts which, in the opinion of the
Harbormaster constitute substantial evidence to establish grounds for imposition of the
suspension, and specify the proposed time the marine activities shall be suspended. At
least fourteen (14) calendar days' notice of such hearing shall be given in accordance
with Section 1.05.030 to the permittee shown on such permit, setting out the date, time
and place of hearing.
2. The hearing shall be conducted according to the rules normally applicable
to administrative hearings. At the hearing, a hearing officer will preside over the hearing,
take evidence and then submit proposed findings and recommendations to the City
Manager. The City Manager shall suspend the marine activities permit only upon a finding
that a violation has been proven by a preponderance of the evidence, and that the
suspension is consistent with the provisions of this section. If the City Manager
determines there are grounds for suspension of a marine activities permit, he/she shall
provide written notice of the suspension to the permittee shown on such permit, stating
the grounds for the action, the length of suspension, and the effective date of the decision.
The notice of decision shall be served in accordance with Section 1.05.030 within 30
calendar days of the City Manager receiving recommendations from the hearing officer.
The decision of the City Manager shall be final.
3. If a marine activities permit is suspended, it shall be the marine activities
permit holder's responsibility to suspend all activities related to the commercial activities
during the term of the suspension.
4. After any suspension, the owner may apply for reinstatement of the marine
activities permit, as provided for in Section 17.10.030, provided the owner has paid the
City all amounts owed the City in accordance with this chapter and this Code.
Section 5: Subsection (A)(1) of Section 17.70.020 (Grounds for Revocation of
Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach
Municipal Code is amended to read as follows:
17.70.020 Grounds for Revocation of Permit.
A. Grounds for Revocation.
1. General Grounds for Revocation. Except as provided in subsections (A)(2)
through (4) of this section, in addition to any specific grounds for revocation of a
permit provided for herein, any permit heretofore or hereafter granted for any
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Ordinance No. 2021-3
Page 14 of 16
structure, work, use or activity under and pursuant to this title may be revoked upon
any of the following grounds.-
a.
rounds:
a. The development work, structure, use or activity has become
detrimental to commerce, navigation or fishing;
b. The development work, structure, use or activity is detrimental to the
use, operation or development of Newport Harbor or the Pacific Ocean;
C. The development work, structure, use or activity has become a
source of pollution of Newport Harbor or the Pacific Ocean;
d. The development work, structure, use or activity does not comply
with the permit or does not meet the standards adopted for such
development work or structure;
e. The permittee has failed for a period of sixty (60) days to pay any
rent or fee heretofore or hereafter imposed for the occupancy or use of
tidelands, filled tidelands or submerged lands;
f. The development work or structure has fallen into a state of disrepair;
g. The space occupied by such work or structure is over public trust
land and such space is to be devoted to a more necessary public use;
h. The permittee has breached or failed to comply with the terms or
conditions contained in the permit or upon which the permit was granted or
provided false or misleading information on an application for a permit or
renewal thereof;
i. The development work, structure, use or activity violates the terms
of the tidelands trust grants to the City; or
j. There has been a violation of any provision of this title, state or
federal law.
Section 6: Subsection (A) of Section 17.70.020 (Grounds for Revocation of
Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach
Municipal Code is amended to add subsection (A) (4), which shall read as follows:
4. Grounds for Revocation of a Marine Activities Permit. A marine activities
permit may be revoked upon any of the grounds set forth in subsection (A)(1) of this
section or for any of the following:
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Ordinance No. 2021-3
Page 15 of 16
a. If any person violates any condition of the marine activities permit
within six (6) months of having a previously suspended marine activities
permit reinstated, and the violation relates in any way to a condition of the
marine activities permit,
b. If any person violates any condition of the marine activities permit three
(3) or more times in any twelve (12) month period or any other provision of
this Code, state or federal law, three (3) or more times in any twelve (12)
month period, and the violation relates in any way to a condition of the marine
activities permit.
Section 7: 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 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: 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 10: 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 11: 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.
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Ordinance No, 2021-3
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 12th day of January, 2021, and adopted on the 26th day of
January, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
RECUSED:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
THE ITY ATTORNEY'S OFFICE
at,,, c ffci�_
AARON C. HARP, CITY ATTORNEY
3-18
ATTACHMENT B
MARINE ACTIVITIES PERMIT
CHARTER VESSELS — FOOD & BEVERAGE SERVICE
Permit No.: 2021 -
Permittee Name:
Address:
Telephone No.:
Email Address:
Permit Period: to
Business License No.: Expiration Date:
Insurance Expiration:
Permitted Operations:
Boarding Location:
Parking Location(s) &
Number of Spaces:
Permitted Vessel:
Maximum Passengers
& Crew Allowed:
Permitted Vessel: (if MAP covers more than 1 vessel)
Maximum Passengers
& Crew Allowed: (if MAP covers more than 1 vessel)
This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach,
("City"), authorizing Permittee to conduct the Permitted Operations on the waters
of Newport Harbor subject to the following conditions and restrictions:
1. This Marine Activities Permit is only valid for the dates. Permitted Vessel(s
Parking and Boarding Location(s) indicated above, and may be suspended or
revoked if the Permitted Operations are not strictly adhered to or if the
business license and/or insurance documents should exaire.
2. Permittee shall comply with all the terms and conditions of the Zoning
Clearance Letter dated
Standard Conditions (Required per NBMC Section 17.10.0908)
3. Permittee shall provide a parking plan in conformance with off-street parking
requirements and shall require all staff and passengers or patrons of the
Permitted Operation to conform to the parking plan as approved by the City.
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4. Permittee shall provide adequate direction via maps and/or staff to ensure
that passengers park only at the Parking Location(s) listed above.
rr Passengers transported to / from the Boarding Location shall not be picked
up from, or unloaded on, City streets unless specifically approved in writing
by the City.
6. All boarding of passengers and provisions shall occur only at the Boarding
Location(s) listed above. No boarding of passengers or provisions shall
occur at any public, residential or fuel dock.
7. Permittee shall actively control any noise or unlawful conduct by passengers
and staff on the Permitted Vessel(s), at the Boarding Location and Parking
Location(s), and adjacent properties.
8. Music and sound from the Permitted Vessel(s) shall be controlled so as not
to disturb a person of normal sensitivity at a point 100 feet from the Permitted
Vessel(s).
9. Amplified music and sound shall not be audible beyond the Permitted
Vessel(s) while at the dock.
10. Music, live entertainment and all forms of amplified sound are prohibited
after 10:00 p.m.
11.Air horns, whistles, bells and/or any other noisemaking equipment shall not
be used except as required by Coast Guard regulations.
12.While cruising in the Harbor, the Permitted Vessel(s) shall not set anchor or
raft -up to other vessels.
13.All trash and litter generated by the use of the Permitted Vessel(s) shall be
properly disposed of in private trash receptacles of sufficient size and number
to accommodate the refuse and in compliance with State law.
14.The Permitted Vessel(s) shall operate as far from shore as practical. When
navigating in the main channels, the route of travel must be at least 100 feet
from any residence.
15.The Permitted Vessel(s) shall be berthed in compliance with the applicable
City regulations.
16.A correct copy of this MAP shall be kept on board the Permitted Vessel(s)
listed above whenever passengers are on board.
17.All required insurance naming the City as additionally insured shall be
maintained in force and effect for the entire term of this MAP.
18.A business license is required and must be kept at the permittee's principal
place of business at all times.
19.All signs and outdoor storage and displays shall comply with the applicable
provisions of Title 20 of the Newport Beach Municipal Code.
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20.All Federal, State, County and City statutes, rules, ordinances, codes, laws
and regulations, specifically including Chapter 17.10 of the Newport Beach
Municipal Code shall be obeyed.
Operator Specific Conditions
21. No use of spotlights other than for legitimate navigational purposes.
22. The Permitted Vessels must be clearly marked with a business name or other
identifying marking, approved by the Harbormaster.
23. Permittee shall provide the Harbor Department with an emergency contact
number.
24.The Permitted Vessels must be equipped with a Coast Guard approved,
personal flotation devices of appropriate size and number for the
passengers(s).
25.The Permitted Vessels must comply with all applicable Coast Guard
regulations, including those standards governing lifesaving equipment,
firefighting equipment, and the number of passengers permitted on board
the Permitted Vessel.
26. Permittee shall provide a monthly charter schedule to the Harbor
Department.
27. Permittee must keep accurate headcount records of all passengers for all
charters and records shall be made available upon request.
28. Permittee is responsible for paying a passenger tax to the City after receiving
an invoice from the Finance Department. The City reserves the right to audit
the passenger count with notice to the Permittee.
29.The Permitted Vessel shall not be serviced or resupplied at a residential
location.
30. If the Permitted Vessel is located in a marina, all vessels shall be arranged in
such a manner that a vessel occupying a slip can be readily removed in an
emergency without the necessity of moving other vessels (NBMC Section
9.04.400).
31. If alcohol service is to be provided, Permittee must obtain all required permits
and approvals from the City's Community Development Department and the
California Department of Alcohol Beverage Control.
32.All managers and servers shall attend Responsible Beverage Service (RBS)
Training offered by the California Department of Alcoholic Beverage Control.
33. Permittee shall maintain a log documenting the use of pump -out facilities at
their approved boarding location or service by a licensed liquid waste hauler.
The discharge log shall be available for inspection by the Harbormaster at all
reasonable hours and upon request.
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34. Newport Harbor is a zero discharge harbor. As such, the discharge of grey
water, black water, sewage, trash, or any other pollutant into the Harbor will
result in the immediate suspension and/or revocation of this permit.
35. Permittee shall not allow the release of any balloons from the vessel(s) listed
above and balloons are only permitted in locations that are completely
enclosed. Mylar balloons are not permitted.
36.All vessel(s) shall be equipped with properly sized and fully operational
marine sanitation devices adequate in size for said vessel(s) and said marine
sanitation devices shall comply with all United States Coast Guard
requirements. Dye tablets shall be placed in the holding tank(s) of the marine
sanitation devices prior to the vessel(s) leaving the Boarding Location when
passengers are on board.
37.This MAP may be suspended or revoked at any time pursuant to the
provisions contained in Municipal Code Section 17.10.090.
38.Any change in the Permitted Operations shall require an amendment to this
MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of
the City Municipal Code.
39.To the fullest extent permitted by law, Permittee shall indemnify, defend and
old harmless the County of Orange, ("County"), its Board of Supervisors,
City, its City Councilmembers, its Boards and Commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses judgments
fines, penalties, liabilities, costs and expenses, (including without limitation,
attorney's fees, disbursements and court costs), of every kind and nature
whatsoever which may arise from or in any manner relate directly or
indirectly to the approval of this MAP by City; and/or any related California
Environmental Quality Act determinations. This indemnification shall
include, but not be limited to, damages awarded against County or City, if
any, costs of suit, attorney's fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or other proceeding whether
incurred by Permittee, County, City, and/or the parties initiating or bringing
such proceeding. Permittee shall indemnify County and City for all of
County's and City's costs, fees and damages which County or City incurs in
enforcing the indemnification provisions set forth in this MAP. Permittee
shall pay to County and/or City upon demand any amount owed to County or
City pursuant to the indemnification requirements prescribed in this
condition.
40. If any single condition of the MAP is deemed invalid, all other conditions
remain in effect.
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Additional Conditions — DELETE AND ADD AS NESSARY
41.Charters shall be limited to Vessel(s) unless additional off-street
parking is secured and approved by the Community Development
Department through a zoning clearance letter.
42. No more than passengers and staff of Permittee may be on the water
at any given time unless additional parking spaces are secured and approved
by the Community Development Director.
Permittee acknowledges that he/she/it has read and understands and agrees to
comply with the conditions and restrictions listed above
The Harbormaster, Harbor Commission or City Council, on review, shall have the
power to impose new conditions and restrictions or modify existing conditions and
restrictions upon determination that the operations by Permittee, in the absence of
said new conditions or restrictions, are not compatible with the predominantly
recreational character of Newport Harbor, the rights of other persons using
Newport Harbor, the interest of residents and property owners whose properties
abut or are in close proximity to Newport Harbor, and the interest of the general
public.
City is the grantee of all Tides and Submerged Lands bayward of the actual or
adjudicated line of mean high tide. The issuance of this MAP shall not be
considered a waiver of City's right or authority with respect to any Tide or
Submerged Lands which Permittee uses to conduct the Permitted Operations
pursuant to this MAP. City hereby expressly reserves the right to administer such
Tide and Submerged Lands as it sees fit, including, without limitation, the right to
propose, require and approve a lease, franchise or long term license as a condition
to continued use and occupation of the Tide and Submerged Lands.
Permittee also understands that a violation of any of the conditions and restrictions
contained herein or any misrepresentation of material facts in Permittee's
application shall result in the suspension or revocation of this MAP, and the denial
of any future MAP applications and/or prosecution or use of any of the
administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04
and 1.05.
PERMITTEE:
Permittee's Authorized Signature:
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Print Signatories Name:
Date:
Harbormaster's Signature:
Date:
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ATTACHMENT C
MARINE ACTIVITIES PERMIT
COMPANIES PROVIDING SERVICES ON THE WATERS OF NEWPORT HARBOR
Permit No.: 2020 -
Permittee Name:
Address:
Telephone No.:
Email Address:
Permit Period: to
Business License No.: Expiration Date:
Insurance Expiration:
Permitted Operations:
Berthing Location(s):
Parking Location(s) &
Number of Spaces:
Vessels (number &
type):
This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach,
("City"), authorizing Permittee to conduct the Permitted Operations on the waters
of Newport Harbor subject to the following conditions and restrictions:
1. This Marine Activities Permit is only valid for the dates, vessel(s), Parking and
Berthing Location(s) indicated above, and may be suspended or revoked if
the Permitted Operations are not strictly adhered to or if the business license
and/or insurance documents should expire.
2. Permittee shall comply with all the terms and conditions of the Zoning
Clearance Letter dated July XX, 2020.
Standard Conditions (Required per NBMC Section 17.10.0908)
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3. Adequate off-street parking shall be provided for all staff of the commercial
harbor activity. All staff shall park at the Parking Location(s) only.
4. Provisions, tools, parts, equipment, etc. shall be loaded and unloaded only
from docks or piers where the abutting uplands property is commercially
zoned, unless specifically approved in writing, in advance, by the
Harbormaster.
5. No provision loading and unloading shall occur at any public, residential
dock or fuel dock (unless the vessel transports fuel and is berthed at the fuel
dock).
6. All boarding of vessels shall occur only at the Berthing Location(s) listed
above. No boarding of any vessel shall occur at any public, residential or fuel
dock, (unless the vessel transports fuel and is berthed at the fuel dock).
7. All vessel(s) shall be equipped with a personal flotation device for each
person aboard, running lights, (if operated within 1 hour before dusk and 1
hour after dawn), and a sounding device in accordance with all United States
Coast Guard requirements.
8. Music and sound from the vessel(s) shall be controlled so as not to disturb a
person of normal sensitivity at a point one hundred (100) feet from the
vessel(s).
9. Air horns, whistles, bells and other noisemaking equipment shall not be used
except as required by Coast Guard regulations.
10.All trash and litter generated by the Permittee shall as allowed herein shall
be properly disposed of in private trash receptacles of sufficient size and
number.
11.All oil, antifreeze and other environmentally sensitive substances shall be
properly disposed of at a recycling center.
12.All required insurance naming the City as additionally insured shall be
maintained in full force and effect for the entire term of this MAP.
13.A business license is required and must be kept at Permittee's principal place
of business at all times.
14.All signs and outdoor storage and displays shall comply with the applicable
provisions of Title 20 of the Newport Beach Municipal Code.
15.A correct copy of this MAP shall be kept at Permittee's principal place of
business.
16.All Federal, State, County and City statutes, rules, ordinances, laws and
regulations, including Chapter 17.10 of the Newport Beach Municipal Code,
shall be obeyed.
OPERATOR SPECIFIC CONDITIONS
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17. Noise- Permittee while engaged in the maintenance of real property, vessels
or moorings, shall not operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, except between the hours of
seven a.m. and six -thirty p.m., Monday through Friday, nor on any Saturday,
except between the hours of eight a.m. and six p.m.
18. Noise- Permittee, while engaged in the maintenance of real property, vessels
or moorings, shall not operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any Sunday or any federal
holiday.
19. Newport Harbor is a zero discharge harbor. As such, the discharge of any
pollutants including oil, antifreeze, and other environmentally sensitive
products into the harbor is prohibited and will result in the immediate
suspension and/or revocation of this permit.
20. No use of spotlights other than for navigational purposes.
21.All vessels must be clearly marked with a business name or other identifying
marking, approved by the Harbormaster.
22. No commercial activity shall be conducted on any public beach, dock, or
property.
23.Vessels shall not be stored on any public beach, public dock, or other public
property.
24.Vessel(s) shall be berthed in compliance with all applicable Newport Beach
regulations.
25.Vessels shall not be serviced or resupplied at residential locations.
26. Permittee is required to purchase an annual blue pole parking pass for all
employees.
27. Permittee is required to obtain a permit prior to using the Rhine Wharf Dock
for the loading/unloading of supplies.
28.All vessels equipped with marine sanitation devices shall comply with United
States Coast Guard requirements in the use of approved holding tanks for
raw sewage, and dye tablets shall be installed in holding tanks during the
operation of the commercial harbor activity as required by the Harbormaster;
29. Permittee shall maintain a log documenting the use of pump -out facilities or
service by a licensed liquid waste hauler. The discharge log shall be available
for inspection by the Harbormaster at all reasonable hours and upon request.
30.This MAP may be suspended or revoked at any time pursuant to the
provisions contained in Municipal Code Section 17.10.090.
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31.Any change in the Permitted Operations shall require an amendment to this
MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of
the City Municipal Code.
32.To the fullest extent permitted by law, Permittee shall indemnify, defend and
old harmless the County of Orange, ("County"), its Board of Supervisors,
City, its City Councilmembers, its Boards and Commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses judgments
fines, penalties, liabilities, costs and expenses, (including without limitation,
attorney's fees, disbursements and court costs), of every kind and nature
whatsoever which may arise from or in any manner relate directly or
indirectly to the approval of this MAP by City; and/or any related California
Environmental Quality Act determinations. This indemnification shall
include, but not be limited to, damages awarded against County or City, if
any, costs of suit, attorney's fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or other proceeding whether
incurred by Permittee, County, City, and/or the parties initiating or bringing
such proceeding. Permittee shall indemnify County and City for all of
County's and City's costs, fees and damages which County or City incurs in
enforcing the indemnification provisions set forth in this MAP. Permittee
shall pay to County and/or City upon demand any amount owed to County or
City pursuant to the indemnification requirements prescribed in this
condition.
33. If any single condition of the MAP is deemed invalid, all other conditions
remain in effect.
Permittee acknowledges that he/she/it has read and understands and agrees to
comply with the conditions and restrictions listed above
Initialed by Permittee
The Harbormaster, Harbor Commission or City Council, on review, shall have the
power to impose new conditions and restrictions or modify existing conditions and
restrictions upon determination that the operations by Permittee, in the absence of
said new conditions or restrictions, are not compatible with the predominantly
recreational character of Newport Harbor, the rights of other persons using
Newport Harbor, the interest of residents and property owners whose properties
abut or are in close proximity to Newport Harbor, and the interest of the general
public.
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City is the grantee of all Tides and Submerged Lands bayward of the actual or
adjudicated line of mean high tide. The issuance of this MAP shall not be
considered a waiver of City's right or authority with respect to any Tide or
Submerged Lands which Permittee uses to conduct the Permitted Operations
pursuant to this MAP. City hereby expressly reserves the right to administer such
Tide and Submerged Lands as it sees fit, including, without limitation, the right to
propose, require and approve a lease, franchise or long term license as a condition
to continued use and occupation of the Tide and Submerged Lands.
Permittee also understands that a violation of any of the conditions and restrictions
contained herein or any misrepresentation of material facts in Permittee's
application result in, suspension or revocation of this permit, the denial of any
future MAP applications and/or prosecution for violation of law or use of any of the
administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04
and 1.05.
Permittee's Authorized Signature:
Print Signatories Name:
Date:
Harbormaster's Signature:
Date:
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ATTACHMENT D
MARINE ACTIVITIES PERMIT
COMPANIES RENTING HUMAN POWERED VESSELS
Permit No.: 2021 -
Permittee Name:
Address:
Telephone No.:
Email Address:
Permit Period: to
Business License No.: Expiration Date:
Insurance Expiration:
Permitted Operations:
Launching Location:
Parking Location(s) &
Number of Spaces:
Vessels (number &
type):
This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach,
("City"), authorizing Permittee to conduct the Permitted Operations on the waters
of Newport Harbor subject to the following conditions and restrictions:
1. This Marine Activities Permit is only valid for the dates. vessel(s). Parkina and
Launching Location(s) indicated above, and may be suspended or revoked if
the Permitted Operations are not strictly adhered to or if the business license
and/or insurance documents should expire.
2. Permittee shall comply with all the terms and conditions of the Zoning
Clearance Letter dated
Standard Conditions (Required per NBMC Section 17.10.0908)
3. Adequate off-street parking at the Parking Location(s) shall be provided for
all staff and patrons of the commercial harbor activity.
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4. Permittee shall provide adequate direction via maps and/or staff to insure
that patrons park only at the Parking Location(s) listed above.
5. Patrons of Permittee transported to / from the commercial harbor activity
shall not be picked up from, or unloaded on, City streets unless specifically
approved in writing by the City.
6. All launching of vessels shall occur only at the Launching Location(s) listed
above.
7. No launching of any vessel shall occur at any public, residential or fuel dock.
This condition does not prohibit patrons from using a public dock(s) for any
lawful purpose.
8. Permittee shall advise its customers in writing of all relevant City, State, and
Federal laws, including those pertaining to noise, trash, public intoxication,
safe boating practices, and water quality.
9. Permittee shall actively control any noise or unlawful conduct by patrons on
the vessel(s), boarding and parking locations, and adjacent properties.
10. Music and sound from the vessel(s) shall be controlled so as not to disturb a
person of normal sensitivity at a point 100 feet from the vessel(s).
11.Air horns, whistles, bells and/or any other noisemaking equipment shall not
be used except as required by Coast Guard regulations.
12.All trash and litter generated by the use of the vessel(s) as allowed herein
shall be properly disposed of in private trash receptacles of sufficient size and
number to accommodate all trash and litter generated by patrons.
Permittee shall advise its customers to operate the vessel outside of the main
navigational channels and as close to the shore as practical.
14.A correct copy of this MAP shall be kept at Permittee's principal place of
business.
15.All required insurance naming City as an additional insured shall be
maintained in full force and effect for the full term of this MAP.
16.A business license is required and must be kept at the permittee's principal
place of business at all times.
17.All signs and outdoor storage and displays shall comply with the applicable
provisions of Title 20 of the Newport Beach Municipal Code.
18.All Federal, State, County and City statutes, rules, ordinances, codes, laws
and regulations, specifically including Chapter 17.10 of the Newport Beach
Municipal Code shall be obeyed.
Operator Specific Conditions
19.Vessels shall not be rented between sunset and sunrise.
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20.All vessels must be clearly marked with a business name or other identifying
marking, approved by the Harbormaster.
21. Permittee shall provide patrons with information on the location of
restrooms, public docks and public facilities in the Harbor.
22. Permittee shall provide patrons and the Harbor Department with an
emergency contact number.
23. Permittee shall provide training and instruction to ensure patrons can safely
operate the vessel(s) and utilize personal flotation devices.
24.Any required lessons and safety instruction shall occur onsite, on private
property only.
25. No commercial activity shall be conducted on any public beach or property.
26.Vessels shall not be stored on any public beach, public dock, or other public
property.
27. Vessels are not permitted at the entrance to the Harbor.
28. Permittee must have a reliable method to assist renters who may be lost or
unable for any reason to return to the Boarding Location(s). Examples of a
"reliable method(s)" include but are not limited to the following: rescue
vessel, collaboration with another company for rescue services, etc.
29. Permittee shall not rent vessels during periods of inclement weather
including high winds, rain, or high surf.
30.While cruising in the Harbor, the vessel(s) shall not set anchor or raft -up to
other vessels.
31. Vessels shall not be serviced or stored at residential locations.
32. No balloons of any kind are permitted.
33 -.All vessels must be equipped with a Coast Guard approved, personal
flotation device(s) of appropriate size for the passenger(s) and a sounding
device in accordance with Federal law.
34.Approval of this permit shall not authorize the sale or distribution of alcoholic
beverages.
35.This MAP may be suspended or revoked at any time pursuant to the
provisions contained in Municipal Code Section 17.10.090.
36.Any change in the Permitted Operations shall require an amendment to this
MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of
the City Municipal Code.
37.To the fullest extent permitted by law, Permittee shall indemnify, defend and
old harmless the County of Orange, ("County"), its Board of Supervisors,
City, its City Councilmembers, its Boards and Commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses judgments
fines, penalties, liabilities, costs and expenses, (including without limitation,
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attorney's fees, disbursements and court costs), of every kind and nature
whatsoever which may arise from or in any manner relate directly or
indirectly to the approval of this MAP by City; and/or any related California
Environmental Quality Act determinations. This indemnification shall
include, but not be limited to, damages awarded against County or City, if
any, costs of suit, attorney's fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or other proceeding whether
incurred by Permittee, County, City, and/or the parties initiating or bringing
such proceeding. Permittee shall indemnify County and City for all of
County's and City's costs, fees and damages which County or City incurs in
enforcing the indemnification provisions set forth in this MAP. Permittee
shall pay to County and/or City upon demand any amount owed to County or
City pursuant to the indemnification requirements prescribed in this MAP.
38. If any single condition of the MAP is deemed invalid, all other conditions
remain in effect.
Additional Conditions
39. Rentals shall be limited to XX Stand Up Paddleboards (SUP) and XX kayaks
unless additional off-street parking is secured and approved by the
Community Development Department through a zoning clearance letter.
40. No more than xx passengers may be on the water at any given time unless
additional parking spaces are secured and approved by the Community
Development Director.
Permittee acknowledges that he/she/it has read and understands and agrees to
comply with the conditions and restrictions listed above
Initialed by Permittee
The Harbormaster, Harbor Commission or City Council, on review, shall have the
power to impose new conditions and restrictions or modify existing conditions and
restrictions upon determination that the operations by Permittee, in the absence of
said new conditions or restrictions, are not compatible with the predominantly
recreational character of Newport Harbor, the rights of other persons using
Newport Harbor, the interest of residents and property owners whose properties
abut or are in close proximity to Newport Harbor, and the interest of the general
public.
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City is the grantee of all Tides and Submerged Lands bayward of the actual or
adjudicated line of mean high tide. The issuance of this MAP shall not be
considered a waiver of City's right or authority with respect to any Tide or
Submerged Lands which Permittee uses to conduct the Permitted Operations
pursuant to this MAP. City hereby expressly reserves the right to administer such
Tide and Submerged Lands as it sees fit, including, without limitation, the right to
propose, require and approve a lease, franchise or long term license as a condition
to continued use and occupation of the Tide and Submerged Lands
Permittee also understands that a violation of any of the conditions and
restrictions contained herein or any misrepresentation of material facts in
Permittee's application shall result in the suspension or revocation of the permit,
in the denial of any future MAP applications and/or prosecution or use of any of
the administrative, civil or criminal remedies as authorized under NBMC Chapters
1.04 and 1.05.
Permittee's Authorized Signature:
Print Signatories Name:
Date:
Harbormaster's Signature:
Date:
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ATTACHMENT E
MARINE ACTIVITIES PERMIT
COMPANIES RENTING WIND, ELECTRIC AND FUEL POWERED VESSELS
Permit No.: 2021 -
Permittee Name:
Address:
Telephone No.:
Email Address:
Permit Period: to
Business License No.: Expiration Date:
Insurance Expiration:
Permitted Operations:
Boarding Location:
Parking Location(s) &
Number of Spaces:
Vessels (number &
type):
This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach,
("City"), authorizing Permittee to conduct the Permitted Operations on the waters
of Newport Harbor subject to the following conditions and restrictions:
1. This Marine Activities Permit is only valid for the dates, vessel(s). Parkina and
Boarding Location(s) indicated above, and may be revoked if the Permitted
Operations are not strictly adhered to or if the business license and/or
insurance documents should expire.
2. Permittee shall comply with all the terms and conditions of the Zoning
Clearance Letter dated
Standard Conditions (Required per NBMC Section 17.10.0908)
Adequate off-street parking shall be provided for all staff ar and patrons of the commercial
harbor activity. All staff and patrons shall park only at the Parking Location(s) listed
above.
4. Patrons transported to / from the commercial harbor activity shall not be picked up from,
or unloaded on, City streets unless specifically approved in writing by the Harbormaster.
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5. No passenger loading and unloading shall occur at any fuel, public or residential dock.
This condition does not prohibit passengers from using a public dock(s) for any
lawful purpose. All boarding of vessels shall occur only at the Boarding
Location(s) listed above.
6. All patrons and provisions shall be loaded and unloaded only from docks or piers where
the abutting uplands property is commercially zoned, unless specifically approved in
writing, in advance, by the Harbormaster.
7. Music and sound from the vessel(s) shall be controlled so as not to disturb a
person of normal sensitivity at a point one hundred (100) feet from the hull
of vessel(s).
8. Music, live entertainment and all forms of amplified sound are prohibited
after 10:00 PM.
9. Permittee shall advise its patrons in writing of all relevant City, State, and
Federal laws, including those pertaining to noise, trash, public intoxication,
safe boating practices, and water quality.
10. Permittee shall actively control any noise or unlawful conduct by renters on
the vessel(s), boarding and parking locations, and adjacent properties
11.Air horns, whistles, bells and/or any other noisemaking equipment shall not
be used except as required by Coast Guard regulations.
12.All trash and litter generated by the use of the vessel(s) as allowed herein
shall be properly disposed of in private trash receptacles of sufficient size and
number to accommodate the refuse.
13. No Balloon releases. No Mylar balloons are permitted.
44 -.All vessels must be equipped with a Coast Guard approved, personal
flotation device of appropriate size for each passenger(s).
15.All required insurance naming City as an additional insured shall be
maintained in full force and effect for the full term of this MAP.
16.A current City Business license is required and must be kept at the Permittee's
principal place of business at all times.
17.A correct copy of this MAP shall be kept at Permittee's principal place of
business.
18.All signs and outdoor storage and displays shall comply with the applicable
provisions of Title 20 of the Newport Beach Municipal Code.
19.All Federal, State, County and City statutes, rules, ordinances, codes, laws
and regulations, specifically including Chapter 17.10 of the Newport Beach
Municipal Code shall be obeyed.
Operator Specific Conditions
20. Permittee shall provide adequate direction via maps and/or staff to ensure
that customers park only at the Parking Location(s) listed above.
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21. Rentals are not permitted after 10 pm without prior written approval from the
Harbor Master.
22.Vessels shall not be operated after sunset without proper navigational
lighting.
23. No use of spotlights other than for navigational purposes.
24.All vessels must be clearly marked with a business name or other identifying
marking, approved by the Harbormaster.
25. Permittee shall provide patrons with information on the location of
restrooms, public docks and public facilities in the Harbor.
26. Permittee shall provide patrons and the Harbor Department with an
emergency contact number.
27. Permittee shall provide training and instruction to ensure patrons can safely
operate the vessel(s) and utilize personal flotation devices.
28.Any required lessons and safety instruction shall occur onsite, on private
property only.
29. No commercial activity shall be conducted on any public property.
30.Vessels shall not be stored on any public beach, public dock, or other public
property.
31.Vessels are not permitted at the entrance to the Harbor.
32. Permittee must have a reliable method to assist renters who may be lost or
unable for any reason to return to the boarding location. Examples of a
"reliable method(s)" include but are not limited to the following: rescue
vessel, collaboration with another company for rescue services, contract with
a tow boat company, etc.
33. Vessels) shall operate as far from shore as practical. When navigating in the
main channels, the route of travel must be at least 100 feet from any
residence.
34. All vessels in excess of twenty-five (25) feet in length shall operate within
main navigational channels, as far from shore as practical, and the route of
travel must be at least one hundred (100) feet from any residence.
35.While cruising in the Harbor, the vessel(s) shall not set anchor or raft -up to
other vessels.
36.Vessel(s) shall be berthed in compliance with all applicable Newport Beach
regulations.
37.Vessels shall not be serviced or stored at residential locations.
38.All vessels in a marina shall be arranged in such a manner that a vessel
occupying a slip can be readily removed in an emergency without the
necessity of moving other vessels (NBMC Section 9.04.400).
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39. If alcohol service is to be provided, permittee must obtain all required permits
and approvals from the City's Community Development Department and the
California Department of Alcohol Beverage Control.
40.All vessels equipped with marine sanitation devices shall comply with United
States Coast Guard requirements in the use of approved holding tanks for
raw sewage, and dye tablets shall be installed in holding tanks during the
operation of the commercial harbor activity as required by the Harbormaster;
41. Permittee shall maintain a log documenting the use of pump -out facilities or
service by a licensed liquid waste hauler. The discharge log shall be available
for inspection by the Harbormaster at all reasonable hours and upon request.
42.This MAP may be revoked or suspended at any time pursuant to the
provisions contained in Municipal Code Section 17.10.090.
43.Any change in the Permitted Operations shall require an amendment to this
MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of
the City Municipal Code.
44.To the fullest extent permitted by law, Permittee shall indemnify, defend and
old harmless the County of Orange, ("County"), its Board of Supervisors,
City, its City Councilmembers, its Boards and Commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses judgments
fines, penalties, liabilities, costs and expenses, (including without limitation,
attorney's fees, disbursements and court costs), of every kind and nature
whatsoever which may arise from or in any manner relate directly or
indirectly to the approval of this MAP by City; and/or any related California
Environmental Quality Act determinations. This indemnification shall
include, but not be limited to, damages awarded against County or City, if
any, costs of suit, attorney's fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or other proceeding whether
incurred by Permittee, County, City, and/or the parties initiating or bringing
such proceeding. Permittee shall indemnify County and City for all of
County's and City's costs, fees and damages which County or City incurs in
enforcing the indemnification provisions set forth in this MAP. Permittee
shall pay to County and/or City upon demand any amount owed to County or
City pursuant to the indemnification requirements prescribed in this MAP.
45. If any single condition of the MAP is deemed invalid, all other conditions
remain in effect.
Other Conditions
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46. Rentals shall be limited to Vessel(s) unless additional off-street parking
is secured and approved by the Community Development Department
through a zoning clearance letter.
47. No more than passengers may be on the water at any given time unless
additional parking spaces are secured and approved by the Community
Development Director.
Permittee acknowledges that he/she/it has read and understands and agrees to
comply with the conditions and restrictions listed above
Initialed by Permittee
The Harbormaster, Harbor Commission or City Council, on review, shall have the
power to impose new conditions and restrictions or modify existing conditions and
restrictions upon determination that the operations by Permittee, in the absence of
said new conditions or restrictions, are not compatible with the predominantly
recreational character of Newport Harbor, the rights of other persons using
Newport Harbor, the interest of residents and property owners whose properties
abut or are in close proximity to Newport Harbor, and the interest of the general
public.
City is the grantee of all Tides and Submerged Lands bayward of the actual or
adjudicated line of mean high tide. The issuance of this MAP shall not be
considered a waiver of City's right or authority with respect to any Tide or
Submerged Lands which Permittee uses to conduct the Permitted Operations
pursuant to this MAP. City hereby expressly reserves the right to administer such
Tide and Submerged Lands as it sees fit, including, without limitation, the right to
propose, require and approve a lease, franchise or long term license as a condition
to continued use and occupation of the Tide and Submerged Lands.
Permittee also understands that a violation of any of the conditions and restrictions
contained herein or any misrepresentation of material facts in Permittee's
application shall result in the suspension or revocation of the permit, in the denial
of any future MAP applications and/or prosecution or use of any of the
administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04
and 1.05.
PERMITTEE:
Permittee's Authorized Signature:
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Print Signatories Name:
Date:
Harbormaster's Signature:
Date:
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