HomeMy WebLinkAbout2021-3 - Amending Chapter 17.10 (Marine Activities Permit) of the Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related ProvisionsORDINANCE 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. 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.
nless:
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 (B)(2) through (B)(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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structure, work, use or activity under and pursuant to this title may be revoked upon
any of the following grounds:
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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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.
Ordinance No. 2021-3
Page 16 of 16
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: Mayor Avery, Council Member Blom Council Member Brenner Council
Member Dixon, Council Member O'Neill
NAYS: Mayor Pro Tem Muldoon
ABSENT:
RECUSED: Council Member Duffield
BRAD VERY, MAYOR
ATTEST:
THE ITY ATTORNEY'S OFFICE
cam. � �---
AARON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2021-3 was duly introduced on the 12th day of January, 2021, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 26th day of January, 2021, and that the same was
so passed and adopted by the following vote, to wit.-
AYES:
it:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Will O'Neill
NAYS: Mayor Pro Tem Kevin Muldoon
RECUSED: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of January, 2021.
A"
, -)
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-3 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: January 16, 2021
Adopted Ordinance: January 30, 2021
In witness whereof, I have hereunto subscribed my name this day of February, 2021.
14
0
CALIF0
414Ar
, op,
Le ani I. rown, MM
City Clerk
City of Newport Beach, California