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HomeMy WebLinkAbout11 - Commercial & Non-Commercial Tidelands UsesCITY OF NEWPORT BEACH k ��W PORT c9�owN`P City Council staff Report Agenda Item No. 11 January 22, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: A TITLE: AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE RESOLUTION RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES, AND NON - COMMERCIAL IMPLEMENTATION ABSTRACT: Over the past few years, the City of Newport Beach ( "City ") has reviewed its administration of public tidelands property within Newport Harbor. As a result of this comprehensive review, the City adopted new permit and lease templates and adjusted commercial and noncommercial tidelands rent to fair market value (over 3, 5, or 8 periods) and to avoid a violation of the Beacon Bay Bill (the 1978 legislative grant from the State, as amended), California Constitution Article 16, Section 6, Newport Beach Municipal Code ( "NBMC ") Title 17, and City Council Policy F -7. The recent actions taken by the City necessitate the amendment of the NBMC to ensure consistency, eliminate an existing noncommercial (residential) pier inspection fee, and establish a low cost subsidized appeal fee for tidelands permits and leases. RECOMMENDATION: a) Introduce Ordinance No. 2013 -1 amending various sections in the NBMC related to commercial and noncommercial tidelands uses, and pass to second reading on February 12, 2013; and b) Adopt Resolution No. 2013 -5 amending the Master Fee Resolution to eliminate the annual noncommercial (residential) pier inspection fee and establish a subsidized appeal fee for tidelands permits and leases. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE RESOLUTION RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES, AND NON - COMMERCIAL IMPLEMENTATION January 22, 2013 Page 2 FUNDING REQUIREMENTS: Sufficient funding exists in the adopted budget to accomplish these actions. DISCUSSION: A majority of the waterways in Newport Harbor are tidelands, owned by the State on behalf of the people of California. The California Legislature through the Beacon Bay Bill granted the City trusteeship of most of the tidelands within Newport Harbor. The Beacon Bay Bill, the NBMC, and City Council Policy require the City to receive fair market rent as consideration for allowing a third party exclusive use of the tidelands. The City recently concluded a multi -year process to review and adjust tidelands rent within Newport Harbor, with a goal of bringing tidelands rent to fair market value. The rent received from this process is used exclusively to secure, improve, and maintain the tidelands for the public. As a result of the recent tidelands review process, a number of changes are required to be made to the NBMC to ensure consistency. A complete list of the redline revisions is included in Attachment "A" and Attachment "C ". The more substantive revisions may be briefly summarized as follows: (1) Revise Exhibit "A" to NBMC Section 3.36.030 to provide a low cost subsidized appeal fee of $100 for appeals of tidelands leases and permits; (2) Revise NBMC Section 17.01.030(M)(5)(b) and 17.60.030(C)(5) to allow for the rental of noncommercial (residential) piers; (3) Revise NBMC Section 17.35.010(J) to remove the rent exemption for noncommercial (residential) piers; (4) Eliminate the noncommercial (residential) pier inspection fee in NBMC Section 17.60.030; and (5) Establish a new independent hearing officer appeal process under NBMC Section 17.60.080 for decisions involving a tidelands lease or permit. There are also two revisions to the City's Master Fee Schedule as a result of the recent review process. The two revisions are included in Attachment "B" and involve the elimination of the existing $100 noncommercial (residential) inspection fee and the establishment of a $100 appeal fee for tidelands leases and permits. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE RESOLUTION RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES, AND NON - COMMERCIAL IMPLEMENTATION January 22, 2013 Page 3 FOR MORE INFORMATION: The City's tidelands review process to date, including appraisals and workshop information is on the City's website (http: / /www.newportbeachca.gov /) under "Projects and Issues" then "Harbor Charges." ENVIRONMENTAL REVIEW: City staff recommends the City Council find the approval of the attached ordinance and resolution 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. Alternatively, City staff recommends the City Council find the approval of the attached ordinance and resolution is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act (at least 72 hours in advance of the meeting at which the City Council considers the item). Submitted by: a DakAiff City Manager Attachments: A. Ordinance No. 2013 -1 B. Resolution No. 2013 -5 C. Redline Revisions to NBMC �l1-01,FIVro7:*:LolwTlnm AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER 3.36 AND TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO COMMERCIAL AND NONCOMMERCIAL TIDELANDS USES 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, Section 1(b) of the Beacon Bay Bill and Title 17 of the Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to use tidelands for commercial and noncommercial purposes for a term not to exceed fifty (50) years; `;JHEREAS, on July 27, 2010 the City Council formed the Council Ad Hoc Committee on Harbor Charges ( "Committee ") and tasked the Committee with performing a review of certain commercial tidelands uses; WHEREAS, the Committee looked at mooring fees, rents at the Balboa Yacht Basin, and rents charged to persons holding commercial pier permits but did not review rents for residential piers; WHEREAS, Mayor Gardner, Council Member Henn and former Council Member Rosansky acted as a working group of less than a majority of the City Council to review residential pier rental rates; WHEREAS, the Committee and working group, and members thereof, held public outreach meetings with tidelands users to solicit their input and participation in the tidelands review process and these meetings afforded the public the opportunity to discuss this matter with City Council Members and staff as well as provided the public information relating to this matter; WHEREAS, the Committee, working group, and City Council held several open and public study sessions and meetings where public input and testimony was taken, including meetings on March 13, 2012, September 12, 2012, October 23, 2012, November 19, 2012 and November 28, 2012; a WHEREAS, as a result of these outreach meetings, the City Council established fair market rent for commercial and noncommercial tidelands uses and developed new permit and lease templates; and WHEREAS, the City desires to amend various sections within NBMC Title 17 and Chapter 3.36 to ensure consistency, remove a tidelands fee, and establish an appeal fee. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" to Section 3.36.030 of the Newport Beach Municipal Code is hereby amended to read as follows: Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages or dollar amounts indicated. Service Percentage/Amount of Cost to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% 2 s Service Percentage /Amount of Cost to Be Recovered from Direct Fees Badge Replacement 45% After School /Camp Programs Camps 40% After- School/Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% S75 or more 59% Youth Sports 25% Special Events — Levels 1, 2, and 3 Resident Up to 45% Non - Resident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Service Percentage/Amount of Cost to Be Recovered from Direct Fees Fitness Center 50 %, Marine Environment Services —Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% Rentals — Materials 20% Inter - Library Loan 10% Fire and Marine Emergency Operations Services Advanced Life Support— Escorted Up to 80% Advanced Life Support—Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% Construction and Inspection Services -- State- Mandated Inspections Day Care Facilities 25 % Police Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maxmum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law El Service Percentage /Amount of Cost to Be Recovered from Direct Fees Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Reglstrant —Sex 0% Registrant — Narcotics 0% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Appeal of Lease /Permit under Section 17.60.080 $100 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter Establishment Section 2: Subsection 17.01.030(A) of the Newport Beach Municipal Code is hereby amended to add the following definition: Abutting Upland(s) Property. The term "abutting(s) uplands property' or "abutting upland(s)" shall mean the adjacent bordering property held in fee or by lease. In instances, such as on Balboa Island, where a City owned public walkway exists between the pier and the adjacent bordering property, the "abutting uplands properly' or "abutting upland(s)" shall mean the property adjacent to and abutting the property held in fee or by lease on the landward side of the walkway. Section 3: Subsection 17.01.030(J)(3) of the Newport Beach Municipal Code is hereby amended to read as follows: Marina. The term "marina" shall mean a commercial berthing facility (other than moorings, anchorage or Noncommercial Pier) in which vessels are continuously wet - stored (in water) and /or dry- stored (on land /racks) for more than thirty (30) calendar days. Section 4: Subsection 17.01.030(M)(5)(b) of the Newport Beach Municipal Code is hereby amended to read as follows: Noncommercial Pier. The term "noncommercial pier" or "residential pier" shall mean a pier used by the owner(s) or occupant(s) or person(s) authorized by the owners) or occupant(s) of the abutting residentially zoned upland property, whether or not such pier is rented in whole or in part to third parties. Section 5: Subsection 17.01.030(P)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that were granted to the City by the State of Califomia, including, but not limited to, submerged lands and /or lands that are located between the lines of mean high tide and mean low tide. Section 6: Subsection 17.35.010(J) of the Newport Beach Municipal Code is hereby amended to read as follows: J. Rights to Impose Rental or Other Charges. The approval of pen-nits or leases by the City of Newport Beach shall not constitute a waiver of any rights or requirements which it may now have or hereafter have to impose rental or other charges in conjunction with 0 9 the maintenance or use of the proposed facility and user of the same. Section 7: Section 17.60.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.60.010 Permits and Public Trust Lands Leases — General. The State of California became the owner of tidelands on admission to the union in 1850. The City manages those tidelands pursuant to various legislative grants from the State. The State Lands Commission, which administers tidelands, generally requires a trustee to negotiate leases on the basis of the current market value of the parcel. Failure of a trustee to receive consideration approximating the fair market value of leased tidelands could, under certain circumstances, be considered a violation of the legislatively imposed public trust. The City manages the tidelands through a series of permits, franchises and leases. The Harbor Resources Manager shall have the authority to approve, conditionally approve, or disapprove applications for the uses and activities that require a harbor permit by the individual chapters of this Code, unless the authority is specifically assigned to the City Manager, Harbor Commission or the City Council. Section 8: Subsection 17.60.020(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Tidelands Users. Users of public tidelands, including commercial and noncommercial users, shall be subject to rental or lease charges reflective of the falr market value related to such use as established by the City Council with the assistance of an appraisal. Section 9: Section 17.60.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.60.030 Annual Pier Permits for Noncommercial Piers. A. Pier Permits. Permits for piers and other structures used for noncommercial purposes in Newport Harbor located upon public tidelands shall be renewed annually. 7 10 B. Rental Fees. 1. Rental Fee Required. Every owner or permit holder who maintains a pier used for noncommercial purposes, any part of which extends into public tidelands, shall pay to the City an annual pier permit rental fee for such portions of the pier as extend into public tidelands, as established by City Council resolution. C. Transfer of Noncommercial Annual Pier Permits. 1. Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City. 2. Whenever a permlttee sells the abutting residential upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Harbor Resources Division. Failure to apply for a transfer within thirty (30) days from the date that the abutting upland residential property changed ownership will result in an additional fee as established by resolution of the City Council. 3. Along with the City Manager, the Harbor Resources Division is authorized to approve transfers to the new owners or long -term lessee of the abutting upland residential property. 4. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. 5. Noncommercial piers may be rented /leased by the owner(s) or occupant(s) of the abutting property to a third party. Such rental /lease shall not be deemed a transfer under this section. Section 10: Section 17.60.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.60.060 Public Trust Lands. The following restrictions shall apply to public trust lands under either a permit or a lease: H. 11 A. Leases /Permits. In the event public trust lands are used by an entity other than the City, then that entity shall enter into a lease or permit with the City. Such leases shall provide lessees with a leasehold interest in the property for a period of at least five (5) years, not to exceed a period of time as limited by the City Charter or applicable State law. Such permits shall provide permittees with an interest in the property for a period of twelve (12) months, or less. B. Land Use. Leases and permits shall be for uses consistent with the public trust and Section 17.05.080. Preference shall be given to coastal- dependent uses. C. Public Access. Public access shall be provided in a manner consistent with applicable law. D. Revenue. Rent under this section shall be based upon fair market value, as determined by the City Council. Such determination shall be based, in part, upon the findings of a City - selected appraiser. E. Commercial uses provided under this Title 17 are exempt from any provision requiring involvement of the owner or long -term lessee of an abutting upland property. Section 11: Section 17.60.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.60.080 Appeal. Notwithstanding Chapter 17.65, appeals under this chapter involving any permit or lease shall be processed as follows: A. Time Limit. Appeals shall be initiated within twenty -one (21) calendar days of the decision under appeal. B. Initiation. Appeals shall be made in writing to the Harbor Resources Manager and shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be refunded to the appellant if he or she is successful in their appeal under this section (e.g., decision being appealed is reversed). u 12 C. Effect on Decisions. Decisions that are appealed shall not become effective until the appeal or review is resolved. D. Hearing Date. Appeals shall be scheduled by the Harbor Resources Manager for a hearing before an independent hearing officer within thirty (30) days of the filing of the appeal unless both appellant and City consent to a later date. E. Hearing. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the appellant, the applicant and any other interested party. The hearing officer shall consider only the same application, plans and project- related materials that were the subject of the original decision. F. Required Findings. At the hearing, the hearing officer shall make the findings prescribed in this chapter when affirming, modifying or reversing the original decision. G. Decision and Notice. After the hearing, the hearing officer shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The Harbor Resources Manager shall mail notice of the hearing officer's decision. Such notice shall be mailed within five (5) working days after the date of the decision to the applicant and the appellant. The decision of the hearing officer shall be final. Section 12: Subsection 17.70.020(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Ground for Revocation. Unless otherwise provided by the terms of a permit, any permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds: 1. The work, structure, use or activity has become detrimental to commerce, navigation or fishing; 2. The work, structure, use or activity is detrimental to the use, operation or development of the harbor; 10 13 3. The work, structure, use or activity has become a source of pollution of the harbor; 4. The work, structure, use or activity does not comply with the permit or does not meet the standards adopted by the Harbor Commission for such work or structure; 5. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists; 6. The work or structure has fallen into a state of disrepair; 7. 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; 8. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. 9. The work, structure, use or activity violates the terms of the tidelands trust grants to the City. Section 13: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 14: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 15: 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) 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, 11 14 because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 16: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the — day of 2013, and adopted on the _ day of 2013, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEITH CURRY, MAYOR APPROVED AS TO FORWill: THE CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 12 15 RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE MASTER FEE SCHEDULE RELATING TO COMMERCIAL AND NONCOMMERCIAL TIDELANDS USES 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 ( "State ") as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, Newport Beach Municipal Code ( "NBMC ") Section 17.60.030 established a fee for noncommercial piers to allow for the maintenance of comprehensive pier records, periodic inspections, enforcement of all applicable laws and regulations, and the administration of public trust lands; WHEREAS, the City seeks to eliminate the fee established by NBMC Section 17.60.030; WHEREAS, the City's various fees are included in the Master Fee Schedule adopted via Resolution No. 2011 -108 on November 22, 2011; WHEREAS, the fees for services in the Master Fee Schedule and established in this resolution are no more than the cost to the City to provide such services; WHEREAS, the City recently created new permits and leases for commercial and noncommercial tidelands uses; WHEREAS, the City is proposing to amend NBMC Section 17.60.080 to provide a specific appeal procedure for persons aggrieved by decisions relating to commercial and noncommercial tidelands permits and leases; WHEREAS, NBMC Section 3.36.030(A) provides the City shall recover 100% of the costs associated with a user service unless otherwise provided in Exhibit "A" to Section 3.36.030; and WHEREAS, the City desires to subsidize in part the appeal of leases and permits under NBMC Section 17.60.080. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. 16 Section 2: The fee for noncommercial pier permits established by NBMC Section 17.60.030 is hereby eliminated from the City's Master Fee Schedule. Section 3: Pursuant to Exhibit "A" of NBMC Section 3.36.030 the fee for appeals brought under NBMC Section 17.60.080 shall be $100. Section 4: Except as expressly amended by this resolution, all other fees in the Master Fee Schedule shall remain unchanged and shall be in full force and effect. Section 5: 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. Alternatively, the City Council finds the approval of this resolution is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 6: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2013. Keith Curry Mayor ATTEST: Leilani I. Brown City Clerk 17 Exhibit A to Section 3.36.030 Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages or dollar amounts_ indicated. Service PercentagaiAMOunt of Cost to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% Badge Replacement 45% After School /Camp Programs Camps 40% After- School/Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% $75 or more 59% Youth Sports 25% Special Events — Levels 1, 2, and 3 Resident Up to 45% Non - Resident Up to 85% Appeal to City Council 25% 18 Service Percentage!Amount of Cost to Be Recovered from Direct Fees Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Fitness Center 50% Marine Environment Services —Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% Rentals — Materials 20% Inter - Library Loan 10% Fire and Marine Emergency Operations Services Advanced Life Support— Escorted Up to 80% Advanced Life Support—Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% Construction and Inspection Services —State - Mandated Inspections Day Care Facilities 25% Police Concealed Weapons Permit Maximum Permitted by Law —Initial Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% Registrant — Narcotics 0% 19 Service Percentage /Amount of Cost to Be Recovered from Direct Fees Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Act;ezl of LeaselPe;mit under Section 17.80.080 100 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter Establishment 17.01.030(A) Definition of Terms. Abutting Upland(s) Property. The term "abuttincl(s) uplands_e.rgperty" or "a!Iutting upland(s)" shall mean the adi?cent bordering property held in fee or by lease. In instances. such as on Balboa Island, where a City owned public walkway exist; between the pier and the adjacent borderiro property. the "abutting uplands orogerty" or "abutting upland(s)" shall mean the property adjacent to and abutting the property held in fee or by lease on the landward side of the walkway. 17.01.030(J)(3) Marina. The term "marina" shall mean a commercial berthing facility (other than moorings, or— anchorage or Noncommercial Pier) in which Ave— &r - -ric e— vessels are continuously wet- stored (in water) and /or dry- stored (on land /racks) for more than thirty (30) callendar days. 17.01.030(M)(5)(b) Noncommercial Pier. The term "noncommercial pier" or `residential pier" shall mean a pier used the owneru or occupant(s) or person s authorized by the oviner(s) or occupant(s) of the abutting residentially zoned upland property , whether or not such pier is rented in whole or in part to third parties. 17.01.030(P)(1) 20 Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that were Granted to the CitV by the State of California, including, but not lirnited to submerged lands andlor lands that are located between the lines of mean high tide and mean low tide,-{# revat• �aii# ort�ia- Ceeie�f- +�e;�trlaar��'e�S�tie+k' ��)- 17.35.010 General Provisions for Harbor Structures. A. Design of harbor structures shall conform to the "Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities" as adopted by resolution of the City Council and as may be amended from time to time. The applicant may submit an alternative design for review and potential approval of the Building Department prior to the issuance of a harbor development permit using the "Alternate Material or Method of Construction" appeals process. B. Protection of Coastal Access and Resources. All harbor structures, including remodels of and additions to existing structures, shall be designed and sited to current standards so as not to obstruct public lateral access and to minimize impacts to coastal views and coastal resources. C. Appearance. All structures permitted to encroach into open coastal waters, wetlands and estuaries shall be designed and sited to harmonize with the natural appearance of the surrounding area. D. Eelgrass Protection. The use of materials in pier and dock construction design, materials and methods shall consider minimal impacts to eelgrass and marine habitat. E. Docking Facilities. Docking facilities shall be designed and sited in relationship to the water's depth and accessibility. F. Protection of Traffic. Adequate provisions shall be made for the protection of the traveling public. Barricades shall be placed on streets with lights at night, also flagmen employed, all as may be required by the particular work in progress. The permittee shall not attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. If the display of lights and signals on any work authorized is not otherwise provided by law, as may be prescribed by the U.S. Coast Guard, they shall be installed and maintained at the expense of the permittee. Structures shall be so constructed as not to obstruct, interfere with or prevent the free use of adjacent harbor structures or passage of any sidewalks, street, alley, public way or navigable channel. G. Liability for Damages. The permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use or possession of such works, and in the event any claim is made 21 against the City of Newport Beach or any department, officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from such claim. H. Repairs. The permittee shall keep the structures in good repair at all times. Failure to repair, when written notice has been given by the Harbor Resources Division, shall be cause for the revocation of the permit. I. Pollution Control. The permittee shall maintain the area delineated on the harbor development permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the permittee to avert any other type of pollution of Newport Harbor from recreational and /or commercial use of the tidelands. Failure to comply with the provisions of this section shall be cause, after written notice has been given to the permittee by the City, for the revocation of the permit. When unusual circumstances arise with respect to the collection of debris or litter, the City Manager may authorize by the use of City forces or by contract, the removal of such debris. Cost for such pollution control will be borne by the permittee. J. Rights to Impose Rental or Other Charges. The approval of permits or leases by the City of Newport Beach shall not constitute a waiver of any rights or requirements which it may now have or hereafter have to impose rental or other charges in conjunction with the maintenance or use of the proposed facility and user of the same. raside�rtia4 p erg a•slis sErr�st�rsted aid ased- solely ray the abettinplaa�s eavear -fEr R6R6E= r{�Rlcf6lai • 4'.. .,686. U R._�s AtIIPW {.w .!'r od-0 by State .,mac K. Special Event Permits. If a permittee proposes a use of the harbor other than that allowed by the Newport Beach Municipal Code, he or she must first obtain a "special event permit," as provided by Chapter 11.03 of the Newport Beach Municipal Code. Upon issuance of the special event permit, the City of Newport Beach may impose conditions on the permit to assure that the proposed use does not affect the health, safety or welfare of the residents of Newport Beach. 17.60.010 Permits and Public Trust Lands Leases — General. The State of California became the owner of tidelands on admission to the union in 1850. The City manages those tidelands pursuant to various legislative grants from the State. The State Lands Commission, which administers tidelands, generally requires a trustee to negotiate leases on the basis of the current market value of the parcel. Failure of a trustee to receive consideration approximating the fair market value of leased tidelands could, under certain circumstances, be considered a violation of the legislatively imposed public trust. The City manages the tidelands through a series of permits, franchises and leases. The Harbor Resources Manager shall have the authority 22 to approve, conditionally approve, or disapprove applications for the uses and activities that require a harbor permit by the individual chapters of this Code, unless the authority is specifically assigned to the Cify fylanauer, Harbor Commission or the City Council. 17.60.020 Application for Permits. A. Required Forms. Applications for permits which pertain to the harbor under the provisions of this title shall be filed in the office of the Harbor Resources Division, in writing, on forms prescribed by the Harbor Resources Manager. B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Harbor Resources Manager. The Harbor Resources Manager may request additional materials deemed necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. D. Fees. Applications and renewals shall be accompanied by a fee as established by resolution of the City Council. E.. Tidelandsr�nm:Pe.xsiaf Users. _Gomrnersia4 -u Users of public tidelands, including commercial and noncomrmerciat users, shall i be subject to rental or lease charges reflective of the fair market value related to such use as established by the CiL�L(Iouncil with the assistance of an appraisal. 17.60.030 Annual Pier Permits for Noncommercial Piers. A. Pier Permits. Permits for piers and other structures used for noncommercial purposes in Newport Harbor located upon public tidelands shall be renewed annually.--i44 e. l- -tO-r? +a 9ar�saKr }F21&'RSive- rese6dS -6 c".i,:.i;: <,6,"�t;:IIG4W&S, GCFl9F I- -N FiGdis irtspe+stteas; aaE4- ar}fs��e- atP- appl�sable�a+n�- and- raraia€ ie, �s'- <,:�adr�ieisi2Ff,ubiie- #r+:+sf 4aa�s- B. Renta) Fees. 1. Rental Fee Required. Every owner or permit holder who maintains a pier used for noncommercial purposes, any part of which extends into t ubllic tidelands, the- waWs --W t�.�esMra rE-; �axL�c�e�HSS���i�- arW�iec- Cesaier�- era - prate- pfe•�c�fy- afr- a- at�i�: h�Aae4- s� s+rFtty tide -ar i tri�n3erc � arm -sfiall pay to the City an annual pier permit: et, n,fal fee• for such portions of the laier as extend into the, r3ublic tidelands, as establlsded_by Qty Co u.rlr iit resolution. 23 2. Fee .. �-- _- �ue•- aad-pa "err #e- sst�eda le- eaia�4istaAd -by- the- A�: ir��nist�ati�e- Sc�wise- s- '.�ireste�i�+- ac�efir•Ve� wjt #3 the a!: n4D ur4 -44er#ified- ig4hefaaster -fe. 91:iedute•. C. Transfer of Noncommercial Annual Pier Permits. 1. Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City. 2. Whenever a permittee sells the abutting residential upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Harbor Resources Division. Failure to apply for a transfer within thirty (30) days from the date that the abutting residential upland property changed ownership will result in an additional fee as established by resolution of the City Council. 3. Along with the City Manager. fT-he Harbor Resources Division is authorized to approve transfers to the new owners or long -term lessee of the abutting residential upland property. 4. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. A- fea -,,,*d be r�harged rtkais raspert+oa- erdabt +check -by resolu+ryn cfthp Gity-Qau+�cA- 5. Noncommercial piers may be rented /leased by the ownerr1s) or occupant(s) of the abutting property to a third party. Such rentaPYlease shall not be deemed a transfer under this section. 17.60.060 Public Trust Lands- ,6eases- The following restrictions shall apply to leases -er- public trust lands und'ar either a permit or a lease: A. Leases /Permits. In the event public trust lands are used fcr- ca;�n ?aroal pri =p xsas by an entity other than the City, then that entity shall enter into a lease or ep rmi;t with the City.- �i�e-- r�ity- �Faa19— �rpcin- raset�rtie+n -�- the- E7tty- Goar•:F,i1-- t�ar+sitiee -aa }-= �:�ehh-- i�nE#s s+�rrenfty -EfpeF alir�� ruder -a perr,it to- tea3es Such leases shall provide lessees with a leasehold interest in the property for a period of at least five (55)vears, not to exceed a period of time as limited by the City Charter or applicable State law. Such permits shall provide permittees with an interest in the property for a period of twelve t12) months, or less. 24 B. Land Use. Leases and permits shall be for uses consistent with the public trust and Section 17.05.080. Preference shall be given to coastal- dependent uses. C. Public Access. Public access shall be provided in a manner consistent with applicable law.0 apteF20-74-, l2ubtis4ssessaa4 -fr'e�ofl -, —a D. Revenue. Rent under this section shall be based upon fair market value, as determined by the City Council._ Such determination shall be based, in vart, upon the findings of a City- selected appraiser. E. Commercial uses provided under this Title 17 are exempt from any provision requiring involvement of the owner or long -term lessee of an abutting upland orope-riy. 17.60.080 Appeal. Ap ^°I- Is this ^h ^ {�fe— "' tnade� —i sseFdaRIG with Chapter 4:7.65. I Notwithstanding Chapter 17.65 appeals under this cha tp r in.vLIAng any permit or lease shall be processed as follows: A. Time Limit. Appeals shall be initiated within twenty -one (21) calendar days of the decision under appeal. 8, Initiation. Appeals shall be made in writing to the Harbor Resources Manager and shall be accompanied by a fee established by resolution of the Ci!Y Council. The appeal fee shall i be refunded to the appellant if he or she is successful in their appeal under this section !r-,q., decision being appealed is reversed). C. Elfect on Decisions. Decisions that are appealed shall net becorne effective Until the --,ppealor revieop is resolved. D. Hearing Date. Appeals shall be scheduled by the Harbor Resources Manager for a Hearing before an independent hearin�1 officer within it7ir� (30) days of fine filing of the appeal unless both appellant and City consent to a later date. E. Hearing. At the hearing, the hearing officer shall review the record of the decision and hear lestimony of the appellant, the applicant icant and any other interested party. The hearing officer shall consider only the same alpplication, plans and proiect- reiated materials that viere the subiect of the original decision. F. Required Findings. At the hearing, the hearing officer shall make the findings prescribed in this chapterwhen affirming, modifying or reversing the original decision. 25 G. Decision and Notice. After the hearino. the hearing officer shall affirm. modify or reverse the original decision. When a decision is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The Harbor Resources Manager shall mail notice of the hearinq officer's decision. Such notice shall be mailed within five (5) working days after the date of the decision to the applicant and the appellant. The decision of the hearing officer shall be final. 17.70.020 Revocation of Permit. A. Ground for Revocation. Unless otherwise provided by the terms of a per L. Aany permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds: 1. The work, structure, use or activity has become detrimental to commerce, navigation or fishing; 2. The work, structure, use or activity is detrimental to the use, operation or development of the harbor; 3. The work, structure, use or activity has become a source of pollution of the harbor; 4. The work, structure, use or activity does not comply with the permit or does not meet the standards adopted by the Harbor Commission for such work or structure; 5. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists; 6. The work or structure has fallen into a state of disrepair; 7. 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; 8. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. 9. The work, structure, use or activity violates the terms of the tidelands trust grants to the City. B. Notice and Hearing. Any such permit shall be revoked only after a public hearing before the Harbor Commission at which the permittee has an opportunity to be heard. 26 At least fifteen (15) days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. The Harbor Commission may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor Commission findings and recommendations to be considered by the Harbor Commission. The Harbor Commission shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a Hearing Officer has been appointed, within forty-five (45) days from the date on which the Harbor Commission receives the findings and recommendations of the Hearing Officer. The decision of the Harbor Commission shall be final. C. Decision and Notice. Within ten days of the conclusion of the hearing, the Harbor Commission shall render a decision. The City Clerk shall notify the permittee or applicant of the decision of the Harbor Commission. D. Effective Date. The decision to revoke a permit shall become final fourteen (14) days after the date of decision, unless appealed. E. Rights of Appeal. Appeals shall be as prescribed by Chapter 17.65, Appeals. 27