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HomeMy WebLinkAbout04 - Ordinance Amending Various Provisions of NBMCCITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 4 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: p, K hQ TITLE: ADOPTION OF ORDINANCE NO. 2013 -11 AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE FlUillt d e7eGi 9 On May 14, 2013, Ordinance No. 2013 -11 was introduced by the City Council and a first reading was conducted. The City Council passed Ordinance No. 2013 -11 to a second reading at the May 28, 2013 meeting. Ordinance No. 2013 -11 is part of an ongoing effort to streamline and improve government efficiency. As part of this effort, City staff conducted a review of the Newport Beach Municipal Code ( "NBMC ") and has identified various laws contained within the NBMC that need to be updated to reflect the City's current organizational structure and maintain consistency and throughout the NBMC. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2013 -11 adding, amending and repealing various provisions of the NBMC. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the approval of the attached ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 ADOPTION OF ORDINANCE NO. 2013 -11 AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE May 28, 2013 Page 2 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This 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). Submitted by: Na�e Kiff City Manager Attachment: Ordinance No. 2013 -11 ATTACHMENT A ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING AMENDING AND REPEALING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "City') is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Article XI, Section 5 of the Constitution of the State of California authorizes charter cities to enact ordinances with respect to their municipal affairs; and WHEREAS, in 2012, the City completed a review of its Charter resulting in various amendments being approved by the electorate that eliminated outdated rules and inefficiencies; and WHEREAS, in 2012, the City began a comprehensive review of the Newport Beach Municipal Code ( "NBMC "); and WHEREAS, on March 13, 2013, the City Council adopted Ordinance No. 2013 -7 to eliminate outdated rules and inefficiencies; and WHEREAS, the City reviewed the entire NBMC to update references within the NBMC to reflect the City's current organizational structure, City staff titles and amendments to state laws, as well as to maintain consistency throughout the NBMC. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The first paragraph of Section 1.06.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 1.06.010 Purpose and Intent. The Government Claims Act (Government Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Chapter 1 of the Division 3.6 of the Government Code of the State, commencing with Section 900 and following, which also provide that local ordinances shall govern those claims which are excluded by the Act and which are not expressly governed by another State statute. Section 2: Subsection 1.08.055(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The City Council, any board or commission created by the City Charter, and the City Manager or Community Development Director may designate a hearing officer to take evidence, direct preparation of a transcript and submit proposed findings and recommendations in a form suitable for adoption whenever authorized, or required, by the provisions of this Code, to conduct any hearing or appeal on any matter including the issuance, denial, revocation or modification of any permit or license or whether a particular condition or activity constitutes a nuisance or fire hazard. The hearing officer shall conduct the hearing in a manner that complies with constitutional, statutory and decisional law. The City Council, board or commission, City Manager or Community Development Director may adopt the proposed findings and recommendations as their decision or may take any other action that is supported by substantial evidence in the record. Section 3: The definition of the term "City Hall" is hereby added to Section 1.08.120 of the Newport Beach Municipal Code to read as follows: City Hall. The term "City Hall" means the City's Civic Center located at 100 Civic Center Drive, Newport Beach, California that includes most administrative offices of the City and related parking. Section 4: Subsection 1.12.020(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. The Municipal Operations Director and department staff designated by the director shall have the power to issue citations for any violation of Chapter 6.04 of this Code. Section 5: Subsection 1.12.020(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. The Community Development Director, Public Works Director and code enforcement staff within said departments, as designated by the directors, shall have the power to issue citations for any violation of this Code. Section 6: Subsection 1.12.020(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. The Building Official, and staff designated by the Building Official, shall have the power to issue citations for any violation of Title 15 of this Code. Page 12 Section 7: Chapter 2.32 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 2.32 CITY TRAFFIC ENGINEER Sections: 2.32.010 City Traffic Engineer. 2.32.020 Duties of City Traffic Engineer. 2.32.010 City Traffic Engineer. The office of City Traffic Engineer is hereby established. The City Traffic Engineer shall be appointed by the City Manager, and he or she shall exercise the powers and duties provided herein. 2.32.020 Duties of City Traffic Engineer. It shall be the general duty of the City Traffic Engineer or his or her designee to determine and approve the planning, design, installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions. Section 8: Section 5.11.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.11.050 Temporary Emergency Electrical Generators. In the event of critical energy shortages, the Community Development Director may authorize the temporary use of, and placement of, an emergency electrical generator for any existing commercial or industrial use for a period of time not to exceed two (2) years. In approving an emergency electrical generator license, the Community Development Director may impose whatever reasonable conditions are deemed necessary to assure that the generator remains compatible with adjoining uses and does not result in significant negative impacts to the health, safety, peace, comfort and the welfare of persons residing or working in the general vicinity. In addition to any site - specific conditions that the Community Development Director may require, the following standard provisions shall apply: 1. The application shall include a written request signed by the business owner and the property owner. In addition, a site plan shall be submitted showing the location of the proposed generator in relation to property lines and parking areas. There shall be no Community Page 13 Development Department fee for an emergency electrical generator license. 2. The Community Development Director shall establish a specific point in time when said permit is to be terminated and the site restored. 3. The approved license shall be for the exclusive use of the business and business owner named as the license holder. Any new tenant shall obtain a new license subject to the procedures specified above regardless of the time allowed for the original license. 4. If the business owner desires permanent status of the generator, then the applicant shall obtain a Conditional Use Permit as specified in Chapter 2052 (Permit Review Procedures) of this Code. 5. Installation of the generator shall comply with the requirements of the City's Building Regulations and Fire Codes. 6. The Community Development Director may revoke a license for an emergency electrical generator if the generator is deemed noncompliant with any provisions of this section or the conditions imposed during the licensing process. 7. The use of the generator shall be limited to no more than two hundred (200) hours per year and shall be operated only during a power outage. 8. Any generator exceeding fifty (50) horsepower shall obtain a South Coast Air Quality Management District Permit. 9. If the Community Development Director determines that the generator exceeds acceptable levels for noise (as established in Title 10 of this Code) and /or creates excessive negative impacts to air quality, the license may be automatically revoked. 10. The Community Development Director may require screening of the generator as part of license approval. Section 9: Section 5.11.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.11.060 Delivery of Alcoholic Beverages in a Safety Enhancement Zone. No person shall deliver alcoholic beverages to any "alcohol sales, off - sale" or "alcohol sales, off -sale, accessory only (land use)" as those terms are defined in Title 20 of this Code within any area and during the times designated by the City Council as a Safety Enhancement Zone. Page 14 Section 10: The definition of the term "Fire Chief' in Section 5.14.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Fire Chief' means the Fire Chief of the Fire Department for the City. Section 11: Subsection 5.14.030(B)(4) of the Newport Beach Municipal Code is hereby amended to read as follows: 4. Emergency ambulance transportation services operated by the City of Newport Beach Fire Department. Section 12: Subsection 5.14.040(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The Fire Department may, upon resolution of the City Council, provide emergency ambulance transportation services as part of its paramedic services program. Section 13: The definition of the term "Administrative Services Director" in Section 5.15.020 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 14: The definition of the term "Finance Director' is hereby added to Section 5.15.020 of the Newport Beach Municipal Code to read as follows: "Finance Director" means the position appointed by the City Manager and has charge of the administration of the financial affairs of the City. Section 15: The definition of the term "Revenue Division" in Section 5.15.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Revenue Division" means the Newport Beach City Revenue Division of the Finance Department. Section 16: The introductory paragraph to Section 5.15.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.15.040 Tow Truck Service Specifications. The City Clerk shall be authorized to advertise for bids. Notice inviting bids shall be published in the official newspaper at least ten days before the time for opening bids. Notice shall list the date, time and location for receiving sealed bids and the time at which the bids will be opened. Bids shall be submitted on forms obtained from the Finance Department. The bid proposal shall be consistent with the tow truck service specifications, contain information indicating compliance with Section 5.15.100, and provide a tow rate schedule for the following: Page 15 Section 17: Subsection 5.15.110(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Each towing company shall comply with the California Vehicle Code regarding signs on tow trucks. Only tow trucks bearing the name of the company shall be dispatched to the scene of need without approval of Police Communications. Section 18: Subsection 5.15.110(K) of the Newport Beach Municipal Code is hereby amended to read as follows: K. Upon request, official police towing services shall submit a report to the Chief of Police and the Finance Director, which may include any of the following: 1. Total police impounds; 2. Number of times dispatched by Newport Beach Police Department; 3. Number of these calls resulting in impounds; 4. Number of vehicles sold on lien sale under authority of the Civil Code, and reporting such lien sales as per authority of the Vehicle Code; 5. Number of vehicles sold under authority of Section 3073, Civil Code; 6. Names and addresses of buyers and description of vehicles when sold; 7. Number of calls answered which took more than one hour to handle. Section 19: Subsection 5.15.110(N) of the Newport Beach Municipal Code is hereby amended to read as follows: N. Storage lots shall be located within the City or within three (3) miles of the Newport Beach City limits. Section 20: Subsection 5.15.130(8) of the Newport Beach Municipal Code is hereby amended to read as follows: B. All insurance policies shall be submitted to the Risk Manager for approval prior to the provider's designation as one (1) of the City's official police tow service providers. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the Risk Manager and the Finance Director. Page 16 Section 21: The definition of the term "Department" in Section 5.48.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.48.020 Definitions. "Department" means the Newport Beach Police Department or the Newport Beach Fire Department as the case may be. Section 22: Subsection 5.50.050(A)(6) of the Newport Beach Municipal Code is hereby amended to read as follows: 6. Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment separate massage rooms shall be provided for male and female patrons. This subsection (A)6 shall not apply if the establishment is operated as an accessory use within, and as part of spa services offered in a hotel as authorized under Title 20 of the Newport Beach Municipal Code. Section 23: Section 5.80.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.80.010 Duly Constituted Licensing Authority, The City Manager, or his or her designated representative, is hereby designated as the City's licensing authority and is authorized to issue licenses for the sale of firearms pursuant to the California Penal Code. Section 24: Subsection 5.80.020(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. The term "firearms" shall mean the same as that term is defined in the California Penal Code. Section 25: Section 5.80.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.80.030 License Required. No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the City Manager pursuant to this Code and the California Penal Code and has paid the required licensing fee. The license shall not be transferrable and shall be valid for one (1) year from the date of issue. r* 0 Section 26: Subsection 5.80.050(1) of the Newport Beach Municipal Code is hereby amended to read as follows: 1. The applicant or license holder has failed to comply with any of the provisions of the California Penal Code. Section 27: Subsection 5.95.010(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. "Lodging unit' or "unit' shall mean "dwelling unit' as that term is defined in Title 20 of this Code where the dwelling unit or residence, including the bedroom, kitchen and bath, is rented or leased to a person or group of persons living as a single housekeeping unit. Section 28: Subsection 5.96.025(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The adult- oriented business is located in an approved zoning district in compliance with zoning and location requirements of Title 20 of this Code.' 1 `The distance limitations contained in Section 20.48.020 subsection (C) are inapplicable if approved residential use or district, religious institution, public beach or park, school or city facility locates or seeks permission to locate within the prescribed distance of a proposed adult- oriented business after the application for the adult- oriented business has been submitted." Section 29: The second paragraph of subsection 5.96.055(A) of the Newport Beach Municipal Code is hereby amended to read as follows: Failure to comply with the requirements of this Chapter within the amortization periods provided in this section, may subject the business to revocation of the permit. Notwithstanding the above, any business legally existing and operating as of the date of adoption of the ordinance codified in this Chapter which does not comply with the zoning provisions found in Title 20 of this Code shall not be required to relocate and shall be considered nonconforming as to its location until such business is abandoned or otherwise terminated. Section 30: Section 6.04.190 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.190 Public Refuse Containers. The City Manager or designated representative shall procure, place and maintain at suitable places on certain business sidewalks, the public beaches, piers and bay and ocean front street ends a sufficient number of refuse containers to receive and hold refuse and garbage generated by the general public at those locations. The Municipal Operations Director _..- L shall at all times keep public containers in a clean and sightly condition and in good order and repair; provided, that the failure of the Municipal Operations Director to furnish and provide such containers shall not be held or construed to relieve any person from the penalties of this Code. Section 31: Section 6.04.200 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.200 Tampering with Public Refuse Containers. No person shall remove, without lawful authority, any container from the place where it is placed and maintained by the Municipal Operations Director, or willfully deface, injure, damage or destroy, or use any container for any purpose other than the authorized placing of refuse and garbage therein by the general public. Section 32: Subsection 6.04.210(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. On Own Property: No owner of real property shall throw, deposit or leave, or knowingly permit another to throw, deposit or leave, refuse, garbage or cuttings on such real property, nor shall he or she fail, neglect or refuse to wholly remove them from such real property, within three (3) days after receipt of written notice by the Municipal Operations Director to do so. Section 33: Subsection 7.20.020(C)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: 1. Any animal enrolled and participating in obedience classes offered by the City or in any show for which the City has issued a special event permit; Section 34: No. 4 to Section 3404.2.11.2 of the California Fire Code, as adopted by Section 9.04.100 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 3404.2.11.2 is amended by adding No. 4 to read as follows: 4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as established in Title 20 of the Newport Beach Municipal Code. Section 35: Subsection 10.28.040(D)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: 1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the Community Development Director or his or her designee. Section 36: The definition of the term "Residential district" in Section 10.64.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Residential zoning district" means a zoning district identified in Title 20 of this Code. Section 37: Subsection 10.64.050(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. No construction /maintenance project permit shall be issued for a period in excess of six (6) months. A permit may not be extended beyond the initial six (6) month period unless the Community Development Director, or his or her designee, finds both that: (1) due to circumstances beyond the control of the construction /maintenance project permittee, the construction or maintenance project could not be fully completed within the time permitted by the initial construction /maintenance project permit; and (2) extension of the construction /maintenance project permit will not adversely affect the public views or the public health, safety or welfare. The Community Development Director, or his or her designee, may limit the term of the construction /maintenance project permit to a period of less than six (6) months upon a determination of any of the following: 1. That the full six -month period is unnecessary given the anticipated scope of the construction or maintenance project; 2. That any period of time in excess of that prescribed by the Community Development Director, or his or her designee, would adversely affect the public views, or the public health, safety or welfare; or 3. That similar construction or maintenance projects previously approved by the Community Development Director, or his or her designee, were completed in a period of time less than the six (6) month maximum. Section 38: Subsection 11.03.020(B)(14) of the Newport Beach Municipal Code is hereby added to read as follows: 14. Parades or Motorcades. A MN Section 39: Subsection 11.03.020(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Exempt Activities. The following activities are exempt from the provisions of this Chapter: 1. Normal promotional /sale activities conducted within the approved display area of a business establishment as provided for in Title 20.2. Commercial filming regulated by Chapter 5.46. 3. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 4. Temporary land uses regulated by Title 20 of this Code. 5. Yard, garage, or other personal property sales in residential districts regulated by Title 20 of this Code. 6. Activities or events held or conducted by or on behalf of the City, a public school, or the State conducted on property owned or leased by such entity or its sponsor. 7. Events conducted by homeowners' associations on common area property within the association's boundaries. 8. Any other special event specifically exempted in this Code from the provisions of this Chapter. Section 40: The definition of the term "Motorcade" is hereby added to Section 11.03.030 of the Newport Beach Municipal Code to read as follows: "Motorcade" means an organized procession containing twenty -five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley. Section 41: The definition of the term "Parade" is hereby added to Section 11.03.030 of the Newport Beach Municipal Code to read as follows: "Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic regulations or controls provided in this Code and the California Vehicle Code. Page 111 Section 42: Subsection 11.03.050(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Duration of Events. Events lasting more than thirty (30) consecutive days shall be deemed "temporary land uses" and shall be regulated by Title 20 of this Code, Section 43: Subsection 11.03.060(E)(4)(k) of the Newport Beach Municipal Code is hereby amended to read as follows: k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Title 20 of this Code, except where the special event is part of an existing legal nonconforming use with respect to parking; Section 44: Subsection 11.03.060(E)(4)(p) of the Newport Beach Municipal Code is hereby added to read as follows: P. The special event will consist of a Parade or Motorcade which is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to held purely for private profit. Section 45: Subsection 11.03.060(E)(4)(q) of the Newport Beach Municipal Code is hereby added to read as follows: q. The applicant refuses to agree to abide by and comply with all of the conditions of the special event permit. Section 46: Subsection 11.03.060(E)(4)(r) of the Newport Beach Municipal Code is hereby added to read as follows: r. The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a special event permit. Section 47: Section 11.03.120 of the Newport Beach Municipal Code is hereby added to read as follows: 11.03.120 Interference with Special Events. A. No person shall knowingly violate any of the terms of a special event permit. B. No person shall knowingly join, interfere with or participate in any permitted special event without the consent, and over the objection of, the special event permittee. Page 112 Section 48: Section 12.04.055 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.04.055 Holidays. Within the meaning of this Title, holidays are as follows: 1. Every Sunday 2. January 1 st, known as "New Year's Day" 3. The third Monday in February, known as "President's Day" 4. The last Monday in May, known as "Memorial Day" 5. July 4th, known as "Independence Day" 6. The first Monday in September, known as "Labor Day" 7. November 11, known as "Veterans Day" 8. The fourth Thursday in November, known as "Thanksgiving Day" 9. December 25, known as "Christmas' 10. Every day appointed by the President or Governor for a public fast 11. Any other holiday not specifically listed in numbers 1 through 10 above that is recognized by the State of California or the United States of America. Section 49: Section 12.04.090 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.04.090 Parking Meter. The term "parking meter" shall mean any mechanical or electronic device, including a parking payment center or pay station, placed upon streets or other property owned, leased or controlled by the City at the direction of the City Council or under the provisions of this Code, which is designed, upon the deposit of a lawful payment, to measure in minutes or hours the period of time during which a vehicle may be parked in the parking space corresponding thereto. Page 113 Section 50: Section 12.04.095 of the Newport Beach Municipal Code is hereby added to read as follows: 12.04.095 Payment. The term "payment' shall mean the deposit of coins, bills or combination of coins and bills of the United States of America, or the use of credit cards, debit cards or any other method designated as being accepted by the parking meter. Section 51: Section 12.44.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.010 Parking Time Restrictions. A. One -Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.) of any day for a period of time longer than one (1) hour upon such streets or portions thereof as the City Council shall designate by resolution. B. Two (2) Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.) of any day for a period of time longer than two (2) hours upon such streets or portions thereof as the City Council shall designate by resolution. C. Six (6) Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.) of any day for a period of time longer than six (6) hours upon such streets or portions thereof as the City Council shall designate by resolution. D. Twelve (12) Hour Parking. When authorized signs are in place and /or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle for a period of time longer than twelve (12) hours upon such streets or portions thereof as the City Council shall designate by resolution. E. Variations. When special parking or traffic conditions require different hours or days of parking restrictions, the City Council may by resolution vary the hours and days during which the foregoing restrictions shall be in effect, and, when authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle contrary to the direction or provisions of such signs. Page 114 Section 52: Section 12.44.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.080 Prescription of Meter Operation Regulations. The payment to be deposited in parking meters, the parking time allowed following deposit of payment, the hours during which such deposits are required, and the days of the week and the weeks of the year during which such deposits are required for parking meters in all zones shall be prescribed by the City Council by resolution. Section 53: Section 12.44.084 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.084 Parking at an Inoperable Meter. No person shall park any vehicle in any parking space where the parking meter is inoperative and which is signposted, as provided in this section. Section 54: Section 12.44.100 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.100 Deposit of Payment and Activation of Meter. No person shall park a vehicle in a parking meter zone, except as otherwise permitted by this Chapter, without immediately depositing in the parking meter corresponding to the parking space occupied such lawful payment as is permitted or required by such parking meter, and when required by directions on the meter setting in operation the timing mechanism thereof, unless the parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period of time for which a payment has previously been deposited. Section 55: Section 12.44.110 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.110 Overtime Parking. A. Commercial Areas. No person, except as otherwise provided in this Chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a commercial area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which payment has been deposited or beyond the time parking in such place is otherwise permitted or limited. Page 115 B. Combination Recreational - Commercial Areas. No person, except as otherwise provided in this Chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a combination recreational commercial area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which a payment has been deposited or beyond the time parking in such place is otherwise permitted or limited. C. Recreational Areas. No person, except as otherwise provided in this Chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a recreational area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which payment has been deposited or beyond the time parking in such place is otherwise permitted or limited. Section 56: Subsection 12.44.120(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Parking Meter Permit. In off - street and on- street parking meter zones established by ordinance or resolution pursuant to Sections 12.44.020 and 12.44.030, a vehicle may be parked and remain parked in a parking space without the deposit of any payment in the parking meter corresponding thereto if such vehicle has displayed a current valid parking meter permit issued by the City pursuant to the authorization of the City Council established by resolution. With the exception of transferable permits, such parking permits shall be effective only when affixed to the front windshield of the vehicle within a seven -inch (7 ") square in the lower corner farthest removed from the driver's position. Section 57: Subsection 12.44.125(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Permit Required. In lieu of providing the required off - street parking on -site pursuant to Title 20 of the Newport Beach Municipal Code, a commercial business may provide all or a portion of its required commercial off - street parking in a municipal fee -owned lot by paying an annual fee of one hundred fifty dollars ($150.00) per parking space. Said municipal parking lot must be located within reasonable proximity to the commercial business as to be useful to said business. Page 116 Section 58: The definitions of the terms "City Manager," "General Services Director," "Administrative Services Director," and 'Public Works Director" in Section 12.63.020 of the Newport Beach Municipal Code are hereby amended to read as follows: "City Manager," "Municipal Operations Director," "Finance Director," and 'Public Works Director mean the City Manager, Municipal Operations Director, Finance Director and Public Works Director of the City or their designee. Section 59: Subsection 12.63.050(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Required Forms. An application for a franchise shall be filed in the office of the Municipal Operations Department in writing on forms prescribed by the Municipal Operations Director. Section 60: Subsection 12.63.050(B)(7) of the Newport Beach Municipal Code is hereby amended to read as follows: 7. Such further information as the Municipal Operations Director may reasonably require to evaluate and process the application. Section 61: Subsection 12.63.050(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Waivers. The Municipal Operations Director may waive the submission of items deemed unnecessary. Section 62: Section 12.63.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.63.060 Municipal Operations Department Review. A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an application, the Municipal Operations Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete. B. Incomplete Applications. If the application is determined not to be complete, the Municipal Operations Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) calendar day review period shall begin to determine the completeness of the application. Page 117 C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Municipal Operations Department and the applicant. Section 63: Subsection 12.63.090(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Franchise fees and environmental liability fund fees shall be due and payable on the thirtieth (30th) day of the month following the end of each quarter. The franchisee shall pay the required fees to the City and deliver the payment to the City's Finance Director. Each payment shall be accompanied by a written statement, verified by the franchisee or a duly authorized representative of the franchisee, showing in such form and detail as the Finance Director may prescribe, the calculation of the fees payable by the franchisee and such other information as may be required as material to a determination of the amount due. Section 64: Section 12.63.130 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.63.130 City Inspection Authority. Any franchisee providing commercial solid waste handling services or conducting a solid waste enterprise in the City of Newport Beach shall keep and maintain books of account, income statements, tonnage reports and supporting documents and all other documents that relate in any way to business transactions conducted by the person in the City of Newport Beach for a period of three (3) years after said service was provided and shall make these records and documents available to the City upon request by the City Manager, Municipal Operations Director or Finance Director, or their designee. Section 65: Subsection 12.63.140(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the discretion of the Municipal Operations Director, to the franchisee at the franchisee's address of record, shall state grounds for suspension or termination and shall give the franchisee notice of the time, date and place of a hearing before the City Council, which shall be convened not less than fifteen (15) days and no more than sixty (60) days after the date of notice, subject to continuance with the consent of the parties. Page 118 Section 66: Section 13.06.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.06.060 Closure as Condition of Community Development Department Approval. No final approval or certificate of occupancy shall be given by the Community Development Department for the completion of any work involving the construction, alteration, enlargement or demolition of any building on any lot or parcel of property until all curb cuts and driveway approaches, which the Public Works Director has determined are no longer needed or used for reasonable vehicular access to said property, are altered or removed in accordance with the determination of the Public Works Director and the City's Standard Plans and Specifications for public works. The foregoing requirement may be satisfied by a written agreement to do any such work, executed by the property owner or lessee and the Public Works Director, and secured by a bond, letter of credit or other security, approved by the City Attorney. Any decision of the Public Works Director made pursuant to this section may be appealed to the City Council. Section 67: Section 13.08.010 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 13.08.010 Jurisdiction and Authority. Subject to the administrative control established by the City Charter, and any applicable City Council Policy, the provisions of this Chapter, the Municipal Operations Department shall exercise jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all public areas under the control of the City, and shall have the authority and duties prescribed in this Chapter. Section 68: Section 13.08.020 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 13.08.020 Official Tree List. The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion thereof. The list shall be adopted by resolution and three (3) copies thereof shall be kept on file in the office of the City Clerk for inspection by the public, and copies shall be available in the Municipal Operations Department for information. Page 119 Section 69: Subsection 13.08.050(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Attaching Electrical Apparatus. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street right -of -way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the Municipal Operations Director, trim, cut or break any part of such tree, shrub, or plant in order to make passage for electric wires. Section 70: Section 13.12.100 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.12.100 Numbering —East Coast Highway to Avocado. The section of the East Coast Highway from the east end of the Upper Bay Bridge to the City Boundary along the westerly edge of Avocado, shall include east numbers from 100 to and including the 2100 Block wherever the highway may lie within the Newport Beach City Boundary. The blocks are designated as 460.52 feet plus or minus length along the center line of the highway, and include space taken up by any or all intersecting streets. The numbers are to be even numbers along the northerly side and odd numbers along the southerly side of the East Coast Highway. The numbers shall be assigned by the Community Development Department, and are to be distributed on a basis of ten (10) feet per number, excluding the number thirteen (13), unless the number thirteen (13) is specifically requested by the owner of the property where the number thirteen (13) could apply. Section 71: The introductory paragraph to Section 13.12.110 of the Newport Beach Municipal Code is hereby amended to read as follows: The section of East Coast Highway, extending southeasterly from the present city boundary at the westerly edge of Avocado Avenue, to the present most easterly city boundary, which is also the easterly boundary of Tract 1237 and Tract 1116, all of which lies within the boundary lines of the City of Newport Beach, shall include the east numbers from 2200 to and including the 4400 Block. The numbers are to be even numbers along the northerly side and odd numbers along the southerly side of the East Coast Highway. The numbers shall be assigned by the Community Services Department and are to be distributed on a basis of ten (10) feet per number, excluding the number thirteen (13) unless the number thirteen (13) is specifically requested by the owner of the property where the number thirteen (13) could apply. The numbers are further described as follows: Page 120 Section 72: Chapter 13.16 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 73: Section 14.04.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.04.010 Utilities Division Established. The Municipal Operations Department is hereby declared to embrace and include all property of every character, real, personal and mixed, now used in or incident to the production, storage, conveyance and delivery of water to the consumers thereof in the City, together with all other property of every character that may hereafter from time to time be added to it for such purposes. The Municipal Operations Director designates the Utilities Manager of the Utilities Division to administer all the provisions of this title. Section 74: Section 14.04.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.04.020 Utilities Manager Defined. The term "Utilities Manager" wherever used in this title shall be held and construed to mean the Utilities General Manager of the Utilities Division of the Municipal Operations Department of the City and any act in this Chapter required or authorized to be done by the Utilities Manager may be done on behalf of the Utilities Manager by an authorized officer or employee of the Municipal Operations Department. Section 75: Section 14.04.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.04.040 Interference with Employees Prohibited. No person shall interfere with, or obstruct the Public Works Director, or any of his or her duly appointed agents or employees, or the Municipal Operations Director, or any of his or her duly appointed agents or employees, in the execution of any lawful order, or the provisions of this Chapter in the maintenance and operation of the Utilities Division. Section 76: Section 14.04.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.04.070 Maintenance and Use of Fire Hydrants. Public fire hydrants shall be placed, maintained and repaired by the Utilities Division. Any damage thereto by persons or agency other than representatives of the Fire Department or Utilities Division shall be a claim Page 121 against the person or agency committing such damage, and the Utilities Manager shall take such action as may be necessary to collect the same. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Division and Fire Department for such persons as may be authorized to do so by the Chief of the Fire Department, or the Utilities Manager of the Utilities Division as herein provided. Section 77: Subsection 14.10.030(A)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: 1. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the Community Development Department of the City upon request for review of possible cross - connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted. Section 78: Subsection 14.12.085(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. An application for water service, as provided by the Revenue Division of the Finance Department, shall be used for the purpose of establishing water service into a new customer's name. Property owners may enter into a continuous service agreement which will authorize the transfer of water service into the name of the property owner upon a tenant's notice to discontinue service. Property owners shall be responsible for all water service charges at their premises. Water service will not be established in the name of a customer other than the property owner without the written authorization of the owner, or the owner's authorized representative. Section 79: The second paragraph of Section 14.12.095 of the Newport Beach Municipal Code is hereby amended to read as follows: Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City's Revenue Division may appeal the determination to the Finance Director or his or her designee. Page 122 Section 80: Section 14.12.140 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.12.140 Customer Request for Service Discontinuance. A. Whenever a customer desires to discontinue service, the customer shall give not less than two (2) working days (forty -eight (48) hours) written notice thereof to the Revenue Division of the Finance Department. B. In accordance with such notice, the City shall read the water meter, prepare a closing statement of all unpaid bills for water furnished by the City to the customer up to that time and, unless a current continuous service agreement with the property owner is in place, shut off the water to the premises. If the customer has a deposit with the City, the Finance Department will return the balance, after deducting any unpaid charges. Section 81: The definition of the term "Implementation Plan" in Section 14.16.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Implementation plan" shall mean the plan developed by the Utilities Manager that provides the resources (staffing and equipment) required to ensure the fair and timely execution of these requirements, as well as a detailed execution strategy. Section 82: The definition of the term "Municipal Operations Direction" is hereby added to Section 14.16.020 of the Newport Beach Municipal Code to read as follows: "Municipal Operations Director' shall mean the Director of the City of Newport Beach's Municipal Operations Department or his or her designee. Section 83: The definition of the term "Utilities Director" in Section 14.16.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Utilities Manager" shall mean the General Manager of the City of Newport Beach's Utilities Division or his or her designee. Section 84: Subsection 14.17.010(P) of the Newport Beach Municipal Code is hereby amended to read as follows: P. "Ministerial permit" means an authorizing document issued by the City of Newport Beach Community Development Department in conjunction with a landscape project which may include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc. Page 123 Section 85: The definition of the term "Dwelling Unit' in Section 14.24.010 of the Newport Beach Municipal Code is hereby amended to read as follows: Dwelling Unit. The term "dwelling unit" shall be defined as specified in Title 20 of this Code. Section 86: Section 14.24.020 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 14.24.020 Dwelling Unit and Business Structure Sewer Connection Required. Every dwelling unit or business structure in the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Municipal Operations Director, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer. Each dwelling unit or business structure shall be individually connected to the City sewer system unless otherwise approved by the Municipal Operations Director. All sewer laterals shall be inspected by the Municipal Operations Department either at the time of demolition or before final approval of the building permit or granting of occupancy for all projects involving demolition, construction, reconstruction and /or substantial remodeling of any dwelling unit or business structure. Each sewer lateral connection shall be replaced and /or constructed in accordance with the City's standards for such construction and shall have a clean -out assembly installed at the property line whenever one or more of the following apply: A. If an area greater than fifty (50) percent of the existing building area is added; B. If the area of structural interior remodeling exceeds fifty (50) percent of the existing building area; C. If any alterations to the building sewer are done; D. If additional plumbing fixtures require a change in the size of a building sewer line; E. Wherever six (6) or more fixture units (per the Uniform Plumbing Code [UPC]) are added to an existing plumbing system; or F. Whenever it is found that the building sewer was /is installed in an illegal or unsanitary manner. Page 124 Section 87: The definition of the term "Building Director" in Section 14.30.015 of the Newport Beach Municipal Code is hereby amended to read as follows: "Building Official" means the Building Manager /Chief Building Official of the City's Community Development Department or his or her designee. Section 88: The definition of the term "Municipal Operations Director" is hereby added to Section 14.30.015 of the Newport Beach Municipal Code to read as follows: "Municipal Operations Director" shall mean the Director of the Municipal Operations Department or his or her designee. Section 89: The definition of the term "Utilities Director' in Section 14.30.015 of the Newport Beach Municipal Code is hereby amended to read as follows: "Utilities Manager" means the Utilities General Manager of the City's Municipal Operations Department or his or her designee. Section 90: Section 14.30.025 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.30.025 Requirements. A. Each permit shall: 1. Authorize the FSE to dispose FOG into the wastewater system in accordance with the provisions of this Chapter. 2. Authorize the Municipal Operations Director to access and inspect an FSE to ensure compliance with this Chapter during all times the FSE is open, operating, or any other reasonable time. 3. Require the FSE to immediately notify the City by telephone at the number specified by the Municipal Operations Director in the event a FSE is unable to comply with any requirements of this Chapter due to a breakdown of equipment, accidents, or human error, or when the FSE has reasonable opportunity to know that a discharge will exceed the provisions of this Chapter. This notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees, fines or other liability which may be imposed by this Chapter or other applicable law. 4. Require the FSE's adherence to best management practices to minimize the discharge of FOG to the sewer system. These BMPs shall be developed by the Utilities Manager, updated annually, and Page 125 distributed to each permit holder. 5. Require the FSE to maintain any grease control device in an efficient operating condition by removing the full content of the device which includes wastewater, accumulated FOG, floating materials, sludge and solids in a manner consistent with the maintenance frequency and maintenance practices approved by the Municipal Operations Director. 6. The FSE shall keep all waste manifests, receipts and invoices of all cleaning, maintenance, grease removal of or from the grease control device, disposal carrier and disposal site location for no less than two (2) years. The FSE shall, upon request, make the waste manifests, receipts and invoices available to any City representative, or inspector. B. Ninety (90) days following the effective date of this Chapter, all FSEs shall have applied for and received a permit. C. New FSEs or FSEs that are newly required to have a permit shall have received a Grease Disposal Permit prior to the Building Official's issuance of a Certificate of Occupancy. An FSE may not open for business nor serve customers without receiving and maintaining a valid Grease Control Permit. Section 91: Section 14.30.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.30.030 Grease Control Devices. A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in operations or, as directed by the Municipal Operations Director, any FSE that violates the provisions of this Chapter, shall obtain a permit from the Building Official to install a grease control device. B. Upon approval of the Building Official, grease control devices for FSEs may be "gang" devices which accept FOG from more than one (1) FSE. Each FSE that contributes FOG to a gang device shall be responsible for the installation and maintenance of the grease control device. C. The Building Official shall not issue a certificate of occupancy for an FSE which is required to have a grease control device until the device has been installed, inspected and approved by the Community Development Department. Page 126 D. Any decision of the Building Official pursuant to this Chapter may be appealed by any interested party to the Building and Fire Board of Appeals, pursuant to Chapter 15.80 of the Newport Beach Municipal Code. Section 92: Subsection 14.30.035(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The following exceptions from Section 14.30.030 are permitted: 1. Variance. If the Municipal Operations Director finds that a treatment or pre- treatment product, combined with best management practices, will limit or eliminate FOG discharges from a particular FSE, the Utilities Manager may exempt that FSE via a variance. 2. Waiver. The Building Official, in consultation with the Municipal Operations Director, shall exempt an FSE from the requirements of Section 14.30.030 via a waiver provided that the FSE complies with all other provisions of this Chapter and provided that any of the following conditions exist: a. There is inadequate space on the property on which the FSE is located to install a grease control device; b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease control device and /or between the grease control device and the private collection lines or the public sewer; C. The FSE has been in operation prior to January 1, 2005, and has not had a change in operations or a remodel; or d. The FSE conducts operations that do not produce FOG in a quantity that adversely affects the wastewater system. In this case, the waiver shall include conditions placed by the Municipal Operations Director on the FSE's operations that provide for continued limits on FOG production. Section 93: Section 14.36.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 14.36.040 Control of Urban Runoff. A. New Development and Significant Redevelopment. Page 127 1. All new development and significant redevelopment within the City of Newport Beach shall be undertaken in accordance with: a. The DAMP, including but not limited to the development project guidance; and b. Any conditions and requirements established by the Community Development Department and /or Public Works Department, which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site. 2. Prior to the issuance by the City of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the Community Development Department and /or Public Works Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the planning agency Community Development Department or Public Works Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with this section prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map. 3. Notwithstanding the foregoing, this compliance with the development project guidance shall not be required for construction of one (1) single - family detached residence or duplex unless the City Community Development Department or Public Works Department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the Storm Water Drainage System. 4. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this Chapter. 5. If the City Community Development Department or Public Works Department determines that the project will have a de minimis impact on the quality of storm water runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance. 6. The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this section on a new development or significant redevelopment project. a. Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to this section on a new development or significant redevelopment project shall constitute a violation of this Chapter. 7. The City's Community Development or Public Works Departments may require that the terms, conditions and requirements imposed pursuant to this section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation. B. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the Planning Agency (Community Development Department or Public Works Department) in the review and inspection of new development or significant development projects for compliance with the DAMP. The City Planning Agency (Community Development Department or Public Works Department) may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant. Section 94: Subsection 15.10.180(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Removal of Misplaced Material. When unauthorized dumping as described in subsection (A) of this section occurs, the person responsible for the dumping, or the permittee, shall remove the material within forty - eight (48) hours. In case of noncompliance, the Community Development Director may order removal, and the cost of such removal shall be paid to the City by the person who failed to remove the material, or by the permittee. Section 95: Section 15.12.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.12.020 Purpose and Intent. This Chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This Chapter further authorizes the Community Page 129 Development Department representative to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. This Chapter also provides a defined level of repair for buildings damaged by a natural or manmade disaster where a formal state of emergency has been proclaimed by the City Council. Section 96: Subsection 15.12.050(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Community Development Department or upon written notification from the department. Section 97: The definition of the term `Residential building" in Section 15.15.020 of the Newport Beach Municipal Code is hereby amended to read as follows: "Residential building" means any structure which contains a dwelling unit as that term is defined in Title 20 of this Code, and shall include the buildings or structures accessory to the structure which contains the dwelling unit and the real property on which the residential building is located. Section 98: The second paragraph of Section 15.16.150 of the Newport Beach Municipal Code is hereby amended to read as follows: An inspection fee established by resolution of the City Council shall be charged for each additional inspection necessary as a result of faulty workmanship or material, or the work not being ready for inspection. Notice of correction of faults or completion of work shall be given by the Community Development Department and reinspection requested. Section 99: The first paragraph of Section 15.16.170 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.16.170 Inspections. No person shall erect or install any sign for which a permit is required without first having such sign inspected by the Building Official. All such signs shall be brought to the Community Development Department prior to installation or erection for general inspection and attachment of identity number; or, if a request is made twenty -four (24) hours in advance, such inspection may be done at the job address prior to installation or erection of the sign. Also, the following inspections shall be called for by the builder: (1) Attachment inspections shall be required for roof and projecting signs and the manner of securing a sign to the building shall not be covered until such inspection has been made; and (2) final inspection within twenty -four (24) hours after completion of the job. Page 130 Section 100:Subsection 15.16.320(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. The maximum nighttime brightness of any sign shall not exceed that allowed in Title 20 of this Code. Section 101: Subsection 15.28.010(A)(12) of the Newport Beach Municipal Code is hereby amended to read as follows: 12. Infestation of insects, vermin or rodents as determined by the Building Official. Section 102: Subsection 15.28.010(A)(15) of the Newport Beach Municipal Code is hereby amended to read as follows: 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Building Official. Section 103: Section 15.28.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.28.030 Notice to Owner. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be a substandard building, the Building Official shall give to the person, if any, in real or apparent charge or control of the premises involved, and the owner of record as such appears on the tax assessment roll, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the owner or holder of any lease of record, and the record holder of any other estate or interest in or to the building or structure on the land, written notice stating the defects thereof. This notice shall require the owner to commence either the required repairs or improvements or, if the building is deemed by the Building Official to be irreparable, the demolition and removal of the building or structure or portions thereof within ten (10) days and to complete such work within sixty (60) days from the date of the notice, unless otherwise stipulated by the Building Official. If the Building Official determines that the structure creates imminent danger to the lives of persons therein residing, he shall include within the notice an order to the owner or occupant that the structure be vacated as soon as possible, or within a specified time, after receipt of the notice. Page 131 Section 104: Section 15.28.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.28.040 Service of Notice. Proper service of such notice shall be by personal service or by registered or certified mail upon each party specified in Section 15.28.030. In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting a copy of the notice on the building or structure alleged to be substandard. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. The Building Official shall also post or cause to be posted at least one (1) copy of the notice on the building or structure alleged to be substandard, and shall cause a copy of the notice to be recorded with the Orange County Recorder's office. The Building Official, upon giving notice as aforesaid, shall file an affidavit in the Community Development Department certifying to the time and manner in which said notice was given. There shall also be filed therewith a receipt card which may have been returned to him or her in acknowledgement of such notice by registered or certified mail. Section 105: Section 15.28.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.28.050 Second Notice. If the owner, or other persons having an interest in the property, does not comply with said notice by commencing the required work within the time allowed or by making such other arrangements as may be satisfactory to the Building Official, the Building Official shall send or cause to be sent a second notice to the owner of the property and a copy to the other persons having an interest therein to appear before the City Council at a stated place and time to show cause why such building or structure should not be declared a nuisance and abated as herein provided. Service of the second notice shall be made following the procedure set forth in Section 15.28.040 above. Said notice shall be in substantially the following form: Notice to Abate Nuisance The owner of the building or structure situated at is hereby notified to appear before the City Council of the City of Newport Beach at its meeting to be held , at the Council Chambers, Civic Center, Page 132 located at 100 Civic Center Drive, Newport Beach, California, at the hour of or as soon thereafter as he may be heard, and show cause, if any he or she has, why said building or structure should not be determined to be a public nuisance and said nuisance abated by the City of Newport Beach by repairing and rehabilitating, or razing, demolishing and removing same and charging the costs thereof to the owner. Dated: City of Newport Beach Community Development Department By Section 106:Section 15.28.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.28.060 Nuisance Abatement Hearing. At the time, date and place fixed in the notice to abate nuisance, the City Council shall proceed to hear the testimony of the Building Official, his assistants and representatives, and other competent persons who may be present and desire to testify respecting the condition of the building or structure, the estimated cost of its reconstruction, repair or removal, and any other information which the City Council may deem pertinent thereto. Upon the conclusion of the hearing, the City Council shall by resolution declare its findings and, in the event it so concludes, it may declare said building or structure to be a nuisance and direct the owner to abate the same within fifteen (15) days after the date of posting on the premises a notice of the passage of the resolution, by having the same repaired and rehabilitated or razed, demolished and removed, and that if the nuisance is not so abated the Building Official shall cause the building to be repaired and rehabilitated or razed, demolished and removed and the expense thereof made a lien on the parcel of land upon which the building is located. The City Council, if it determines that the structure creates imminent danger to the lives of persons residing therein, may further declare that the owner, occupant, lessee or other person in possession must vacate said building or structure. Subsequent to the adoption of such resolution the City Clerk shall cause to be recorded with the County Recorder of Orange County a copy of the resolution declaring the existence of a substandard building or structure which shall become a cloud over the title of the property upon which the substandard building or structure exists. At such time as the substandard building or structure has been repaired and rehabilitated or razed, demolished and removed, the cloud over the title of the property involved, occasioned by the recordation of said resolution, shall be cleared by the recordation of a certificate of compliance by the City Clerk with the Orange County Recorder. In the event that the nuisance is not abated by the owner or occupant within the time prescribed by the City Council, the Council may direct the City Page 133 Manager to repair and rehabilitate or raze, demolish and remove the building or structure, and the City Manager and his or her authorized representatives shall thereby be authorized to enter upon the property for that purpose. The City Manager may use an independent contractor to repair and rehabilitate or raze, demolish and remove the building or structure. The City Council may further declare, if the building or structure is razed and demolished by the City, that the material of any such building or structure be sold after notice to the owner in any manner in which the City Council may determine reasonable, provided that any such sale shall be upon condition that the wreckage and debris shall be removed and the lot cleaned. Any surplus, over and above the costs to the City, from the sale of such building shall be retained to be distributed to the parties lawfully entitled thereto. The proceeds and monies from such sale shall be used, whenever possible, to reduce the cost of razing, demolishing and removing the building or structure. Within ten (10) days after the premises are posted, the City Clerk shall send copies of the resolution to the owner and other persons in interest as hereinbefore set forth and in like form and manner. Section 107:Subsection 15.32.015(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The Building Official shall, as a condition of the issuance of an electrical service permit, require the electrical service located within the exterior boundary lines of any lot or parcel of property to be installed underground, when: 1. The property is to be developed with a new or replacement building; 2. An addition to an existing building exceeds fifty (50) percent of the gross floor area of the existing building. Section 108: Subsection 15.32.015(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Waiver, Modification or Delay. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this Chapter and unique to a particular parcel of property, would result from the literal interpretation of this section, the Building Official may waive, modify or delay the imposition of any undergrounding requirement imposed pursuant to this section upon written application of any affected property owner. Page 134 Section 109:Subsection 15.32.015(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Right of Appeal. Any person dissatisfied with the decision of the Building Official may file a written statement, listing the reasons for the appeal with the City Council. Said appeal shall be filed with the City Clerk within fifteen (15) days after the decision of the Building Official is deposited in the mail. The City Council may overrule, modify or affirm the decision of the Building Official. Section 110:Subsection 15.40.035(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. The Community Development Director and Traffic Manager shall, at least annually, monitor the progress of each project to ensure compliance with this Chapter. Section 111: The definition of "Traffic Manager' in Section 15.40.040 of the Newport Beach Municipal Code is hereby amended to read as follows: "Traffic Manager" means the person designated by the City Manager as the City Traffic Engineer pursuant to Section 2.32.010, or his or her designee. Section 112: Chapter 15.40, Appendix A, Subsection 6(b) of the Newport Beach Municipal Code is hereby amended to read as follows: b. The Traffic Manager shall transmit the final Traffic Study to the Community Development Department for presentation to the Planning Commission. Section 113:Subsection 15.40.060(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The Planning Commission, and the City Council on appeal or review, shall hold a public hearing on any project pursuant to this Chapter. The public hearing on the traffic study may be consolidated with other hearings required by the project. The hearing shall be noticed in the manner provided in Title 20 of the Newport Beach Municipal Code or any successor provision. Section 114: Section 15.40.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.40.070 Appeal- Review. A. Except as otherwise provided in this Chapter, any Planning Commission decision to approve a project shall be final unless there is an Page 135 appeal by the project proponent or any interested person. The appeal shall be initiated and conducted pursuant to the procedures in Title 20 of the Newport Beach Municipal Code or any successor provision; B. The City Council shall have a right to review a decision of the Planning Commission consistent with the procedures and processes as specified in Title 20 of the Newport Beach Municipal Code or any successor provision; C. The City Council shall be subject to the same requirements as the Planning Commission relative to decisions and findings required by this Chapter. Section 115:Subsection 15.45.030(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Application. The process for the consideration of a development agreement shall be initiated upon the filing of an application therefor, by or on behalf of the property owner or other person having a legal or equitable interest in real property located within the municipal boundaries of the City, or real property to be annexed to the City of, Newport Beach. Application forms shall be provided by the Community Development Department. The application for consideration of a proposed development agreement shall be accompanied by a copy of the proposed development agreement containing all of the provisions required by the ordinance codified in this Chapter, and the applicant shall provide such other information with respect to the proposed project as may be required by the Community Development Director. Section 116: Section 15.55.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.55.040 Methane Gas Mitigation District — Requirements. A. Permit Required. No permit shall be issued for any project within any methane gas mitigation district until the requirements of this section have been fully satisfied. B. Testing and Mitigation Requirements. Prior to the approval of any project, the property owner, applicant or proponent shall: 1. Submit a plan, prepared by a licensed consulting geologist or other qualified consultant, to test building site soils for the presence of methane gas, or commit to test in conformance with any standard plans and specifications adopted by the Fire Chief and /or Building Official. 2. Test for the presence of methane gas in accordance with the Page 136 approved plan or standard plans and specifications 3. In the event testing reveals methane gas in excess of one and a quarter percent (1.25°/x) by volume at ambient pressure and temperature (lower explosive limit), a mitigation plan shall be submitted for approval by the Fire Chief and /or Building Official. The mitigation plan shall be prepared by a licensed geologist or other qualified consultant. Mitigation shall be accomplished by flared vent systems, underground collection systems, or other proven systems, devices or techniques. Mitigation measures shall be designed to reduce the level of methane gas in any building or structure to less than twenty -five (25) percent of the lower explosive limit. In the event measures specified in the mitigation plan do not reduce the level of methane gas below twenty -five (25) percent of the lower explosive limit, the mitigation plan shall be modified to include additional measures, and those measures shall be implemented within thirty (30) days after approval of the amended plan. 4. Install an isolation barrier, consisting of a continuous, flexible, permanent and non -gas permeable barrier beneath all newly constructed foundations and floors at ground level. Barrier penetrations shall be secured with a gas -tight seal. 5. Obtain a certificate of compliance with this section from the Fire Chief and /or Building Official. Section 117:Section 15.60.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 15.60.020 Construction Site Fencing Required. Prior to starting grading, excavation, construction of a new structure or addition and remodel to an existing structure with a combined floor area exceeding seventy -five (75) percent of the floor area of the proposed structure, the Building Official shall require the site to be temporarily fenced and screened on all sides for the duration of the construction project. The height of fence shall be between seventy -two (72) and eighty -four (84) inches, and fence material shall be chain link metal fence overlaid on the exterior with an opaque vinyl screen, or other equivalent fencing and screening material as approved by the Building Official. EXCEPTION: Where fencing on one (1) or more side(s) is not feasible due to physical constraints or determined to be unnecessary by the Building Official due to the presence of equivalent barrier(s). Page 137 Section 118:Subsection 15.70.020(6) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Exempt Facilities. Amateur radio and receiving satellite dish antennas regulated by Title 20 of this Code are exempt from the provisions of this Chapter. Section 119:Subsection 15.70.030(G) of the Newport Beach Municipal Code is hereby amended to read as follows: G. Department Director or Reviewing Department Director means either the Community Development Director or the Public Works Director, as applicable. Section 120: Subsection 15.70.030(M) of the Newport Beach Municipal Code is hereby amended to read as follows: M. Community Development Director means the Community Development Director of the City or his or her designee. Section 121: Subsection 15.70.070(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Reviewing Authority. All applicants for telecom facilities not within the public right -of -way shall apply for a permit from the Community Development Department as follows: 1. Private or City -Owned Property. Facilities on private property or on City -owned property shall be reviewed by the Community Development Director as a "Telecom Permit". 2. Referral to City Council. The Community Development Director may refer any application to the City Council for special review under the procedures set out in Paragraph F of this Section. Section 122:Subsection 15.70.070(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Review Process for Proposals on City Property. Review of telecom applications for facilities on City property shall be as follows: 1. Filing. Applications shall be submitted to the Community Development Director for facilities on City property and shall undergo initial staff review for compliance with the provisions of this Chapter and Title 13. Within thirty (30) days of filing, the Reviewing Department Director shall notify the applicant in writing whether the application is complete. If an application is determined to be not complete, the notification shall identify those parts of the application Page 138 which are incomplete and shall indicate the manner in which they can be made complete. 2. Emergency Communications Review. At the same time as the Applicant submits an application to the Community Development Director, the applicant shall submit the Plans, Map, and Emission Standards and Non - Interference Data (parts 1, 3, and 5 of the Submission Requirements) to the Newport Beach Police Department. The Police Department or its designee shall review the plan's potential conflict with emergency communications. The review may include a pre - installation test of the facility to determine if any interference exists. If the Police Department or its designee determines that the proposal has a high probability that its facilities will interfere with emergency communications devices, the applicant shall be given the opportunity to modify the proposal, to avoid interference. If the proposal is not modified, the Reviewing Department Director shall deny the proposal. 3. Director's Action. Within thirty (30) days of the determination that the application is complete, the Community Development Director shall take action on the application based on the following criteria: a. If the director determines that the facility conforms to the technology height, location and design standards of Sections 15.70.040, 15.70.050 and 15.70.060 of this Chapter, he or she shall approve the application with or without conditions of approval. b. If the director determines that the facility does not conform to one (1) or more standards, he or she shall inform the applicant of the discrepancy and give the applicant the option of amending the application to eliminate the discrepancy. If the discrepancy is not eliminated, the director shall deny the application. C. If the director determines that conformity to standards are in doubt, he or she shall refer the application to the City Council for Special Review under the procedures set out in Paragraph F of this Section. 4. Applicant Notification. After action on the application, the director shall cause the applicant to be notified in writing within five business days of the decision. The applicant may appeal decisions by the director in accordance with Paragraph E of this section. Page 139 5. City Manager Action. When a permit for a telecom facility on City -owned property or facilities is approved, the Community Development Director shall forward the permit to the City Manager, who shall prepare and execute an Agreement based upon a term and rental amount adopted under City Council policy. 6. City Council Action. Where applicable (including proposals to site facilities in Location Categories in Section 15.70.050(B)(1)(e- h)), the City Manager shall forward the agreement and final telecom permit to the City Council for final approval. The City Council may approve, approve subject to modifications, or deny the agreement and telecom permit. The City Council retains the right to refuse approval of an agreement at any time and for any reason. Should the City Council deny the agreement, the agreement and permit shall not be executed. 7. Notification to Applicant. The City Clerk shall notify the applicant in writing within five business days of the City Council's decision. Section 123: Subsection 15.70.070(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Review Process for Private Property. Review of telecom applications for facilities on private property shall be as follows: 1. Filing. Submission of application to the Community Development Director and initial staff review. Within thirty (30) days of filing, the director shall cause the applicant to be notified in writing whether the application is complete. If an application is determined to be not complete, the notification shall identify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. 2. Emergency Communications Review. At the same time as the applicant submits an application to the Community Development Director, the applicant shall submit the Plans, Map, and Emission Standards and Non - Interference Data (parts 1, 3, and 5 of the Submission Requirements) to the Newport Beach Police Department. The Police Department or its designee shall review the plan's potential conflict with emergency communications. The review may include a pre - installation test of the facility to determine if any interference exists. If the Police Department or its designee determines that the proposal has a high probability that its facilities will interfere with emergency communications devices, the applicant shall work with the Police Department or its designee to modify the installation or location of facility to avoid interference to Page 140 the maximum extent practicable. 3. Director's Action. Within thirty (30) days after the determination that the application is complete, the Community Development Director shall approve, approve subject to conditions, or deny the telecom permit under the same procedures and criteria as set out in Paragraph C of this Section. The director shall then cause the applicant to be notified in writing within five (5) business days of the decision. The applicant may appeal decisions by the director in accordance with Paragraph E of this Section. Section 124: Subsection 17.01.030(B)(6) of the Newport Beach Municipal Code is hereby amended to read as follows: 6. Board. The term "board" shall mean the Board of Supervisors of the County of Orange as the governing body of the Orange County Sheriff's Department, Harbor Patrol /Marine Operations Bureau. Section 125: Subsection 17.01.030(B)(8) of the Newport Beach Municipal Code is hereby amended to read as follows: 8. Building Official. The term "Building Official" shall mean the Building Manager /Chief Building Official of the City's Community Development Department, or his or her designee. Section 126: Subsection 17.01.030(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Definitions: C. 1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters. 2. Certified Charter. The term "certified charter" shall mean any vessel inspected by the United States Coast Guard under Title 46 of the Code of Regulations and which has been chartered for consideration. 3. Channel. The term "channel" shall mean a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on Federal navigation charts, as well as in other sources. 4. Chartered for Consideration. The term "chartered for consideration" shall mean any vessel which has been hired or Page 141 leased by the owner, directly or through an authorized representative, to any person for a voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt. 5. City. The term "City" shall mean City of Newport Beach. 6. City Council. The term "City Council' shall mean the City Council of the City of Newport Beach. 7. City Manager. The term "City Manager" shall mean the City Manager of the City of Newport Beach or his or her respective designee. 8. City Tide and Submerged Land. The term "City tide and submerged land" shall mean that area within Newport Harbor granted to the City by the State of California. 9. Coastal Access. The term "coastal access" shall mean the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. 10. Coastal Commission. The term "Coastal Commission" shall mean the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the Coastal Act and for review of coastal permits on appeal from local agencies. 11. Coastal- Dependent Development or Use. The terms "coastal - dependent development' or "coastal- dependent use" shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from California Public Resources Code, Section 30101). 12. Code. The term "code" shall mean the Newport Beach Municipal Code. 13. Commercial. The term "commercial' shall mean any business activity whether the business activity is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity. 14. Commercial Fishing Vessel. The term "commercial fishing vessel' shall mean a vessel registered by the Department of Fish and Game pursuant to Section 7880 of the Fish and Game Code of the State of California, when operating under the authority of the Fish and Game permit. Page 142 15. Community Development Director. The term "Community Development Director' shall mean the Community Development Director of the City of Newport Beach or his or her designee. 16. Current. The term "current" shall mean a flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy. Currents are often classified by location, such as longshore current, surface current or deep ocean currents. Different currents can occur in the same general area resulting in different water flows. For example, a rip current can flow perpendicular to the shore through the surf zone, a long shore current may flow southerly, parallel to the coast and seasonal deep water current may flow to the north. Section 127: Subsection 17.01.030(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Definitions: D. 1. Design Criteria. The term "design criteria" refers to "Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities" adopted by the City of Newport Beach, and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City of Newport Beach Community Development Department may require additional requirements, based on the specific details of a particular application and project. 2. Dinghy or Tender. The term "dinghy" or "tender" shall mean a vessel no longer than fourteen (14) feet in overall length. 3. Dock. The term "dock" shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. 4. Dolphin. The term "dolphin" shall mean a multi -pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks. 5. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall mean all on -land storage of vessels, including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Page 143 Section 128: Subsection 17.01.030(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. Definitions: F. 1. Fairway. The term "fairway" shall mean an area of water adjacent to slips that feeds into a channel, and which is used for direct access to slips. The fairway water area is defined as lying between the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc.). 2. Federal Channel. The term "Federal channel" shall mean that area of the Lower Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress on November 11, 1936 as recorded in the 1 st Session of the 75th Congress in 1937. 3. Finance Director. The term "Finance Director' shall mean the Finance Director of the City of Newport Beach or his or her respective designee. 4. Finger. The term "finger" shall mean a portion of a floating dock section that is perpendicular to the walkways and is used for tying up and boarding vessels. 5. Fire Chief. The term "Fire Chief' shall mean the Fire Chief of the City of Newport Beach or his or her respective designee. 6. Freeboard a. Dock System Freeboard. For the purposes of dock systems, the term "freeboard" shall mean the distance between the water surface and the walking surface of the dock system. Generally, two conditions are of interest when referring to freeboard: (i) dead load only freeboard, and (ii) dead plus live load freeboard. Dead load refers to the weight of all construction materials and equipment that may be permanently attached to the docks. Live load refers to the weight of all temporary loads such as pedestrians and berthing loads. b. Vessel Freeboard. For the purposes of vessels, the term "freeboard" shall mean the vertical distance between the water line and the top of the deck. 7. Functional Capacity. In terms of wetlands and estuaries, the term "functional capacity" shall mean the ability of the wetland or estuary to be self- sustaining and to maintain natural species Page 144 diversity. Section 129: Subsection 17.01.030(H)(4) of the Newport Beach Municipal Code is hereby amended to read as follows: 4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange County Sheriff's Harbor Patrol /Marine Operations Bureau, or his or her designee, or successor entity. Section 130: Subsection 17.01.030(H)(6) of the Newport Beach Municipal Code is hereby amended to read as follows: 6. Harbor Resources Manager. The term "Harbor Resources Manager" shall mean the Harbor Resources Manager of the City of Newport Beach, or his or her designee. Section 131: Subsection 17.01.030(M) of the Newport Beach Municipal Code is hereby amended to read as follows: M. Definitions: P. 1. Pacific Ocean. The term "Pacific Ocean" shall mean the waters off of the City of Newport Beach from the beach, as defined in Section17.01.030(B)(3), seaward three (3) nautical miles. 2. Passenger. The term "passenger" shall mean every person, other than the operator and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel. 3. Permittee. The term "permittee" shall be the person or entity who holds a validly issued permit under any provision of this title. 4. Person. The term "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other legally recognized entity. 5. Pier. The term "pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip or float, or any other landing facility and floating dry dock. a. Commercial Pier. The term "commercial pier" shall mean a pier adjacent to commercially or non residentially zoned property with single or multiple berths which are rented or leased, including any pier used in connection with Page 145 marinas, charter facilities, yacht clubs, yacht sales, rental facilities and boat yards. For purposes of this Chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial. b. Noncommercial Pier. The term "noncommercial pier" shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting residentially zoned upland property. C. Public Pier. The term "public pier" shall mean a pier used for public recreational purposes provided by a public agency. 6. Pierhead Line. The term " Pierhead Line" shall mean the harbor water area perimeter lines established in Newport Harbor by the Federal Government that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The Pierhead Line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by City Council. Vessels may extend channelward of the Pierhead Line. 7. Police Chief. The term "Police Chief' shall mean the Chief of Police of the City of Newport Beach or his or her respective designee or by the City Council. 8. Project Lines. The term "project lines" shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 -1936, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal channel" (see City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities). 9. Property Owner. The term "property owner" shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor pursuant to Chapter 17.50. 10. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law public trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged Page 146 lands that are presently filled or reclaimed and which were subject to the public trust at any time (from California Code of Regulations, Section 13577; see tidelands and submerged lands). 11. Public Works Director. The term "Public Works Director" shall mean the Public Works Director of the City of Newport Beach, or his or her designee. Section 132: Section 17.05.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.05.040 Administrative Authority. The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him or her; provided, however, that some or all of the duties necessary to be performed in the administration may be performed by the Harbormaster or his or her deputies or assistants pursuant to a contract providing therefore between the City and the County of Orange. Section 133: Subsection 17.05.050(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Order any vessel improperly berthed to change its position or location as he or she may designate, and in case his or her orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel, or owner thereof; Section 134: Subsection 17.05.060(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Issue approvals in concept for development located on tidelands or submerged lands that did not involve a discretionary action authorized by Title 20 of the Code where the authority is specifically assigned to the City Council, Planning Commission, Community Development Director, or Zoning Administrator. Section 135: Section 17.05.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.05.070 Establishment of Channels, Turning Basins, Etc. All channels, turning basins, anchorage areas, and pierhead and bulkhead lines in Newport Harbor shall be as established by the Federal Government or by the City Council upon recommendation of the Harbor Commission. A map thereof shall be kept on file in the offices of the City Clerk and the Harbor Resources Division for public inspection. Page 147 Section 136: Subsection 17.05.120(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Date. All fees required to be paid under any provision of this title shall be due and payable on a schedule established by the Finance Director. Section 137: Subsection 17.05.120(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Administration. The Harbor Resources Manager shall administer the provisions of this title, except for the collection of fees, which shall be the responsibility of the Finance Director. Section 138: Subsection 17.10.020(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. No person who owns a certified vessel (a vessel inspected by the United States Coast Guard pursuant to Title 46 of the Code of Federal Regulations) shall permit or allow the use of the vessel as a certificated charter on the waters of Newport Harbor without first obtaining a marine activities permit pursuant to this Chapter. Section 139: Subsection 17.10.020(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. No person shall operate a bareboat charter or certified charter on the waters on Newport Harbor without having a valid marine activities permit on board the vessel at all times during the charter. Section 140: Section 17.10.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.10.050 Issuance of Permit. Upon receipt of a complete application for a marine activities permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager shall refer the application to the Community Development Department to verify that all of the applicable Zoning Code regulations or conditions have been addressed or complied with and the Public Works Department to insure safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies. The Harbor Resources Manager may also refer the application to the Harbor Commission, other appropriate City departments, or to the Orange County Sheriff's Harbor Patrol /Marine Operations Bureau for investigation, report or recommendation. The Harbor Resources Manager may inspect, or cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s), boarding facilities, parking and all upland support facilities listed in the application. The Harbor Resources Manager 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 Harbor Resources Manager 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 near Newport Harbor. The Harbor Resources Manager 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 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, State or Federal requirements of law; D. The proposed commercial activity is likely, when viewed in conjunction with other anticipated 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; 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 Title 20 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 by the Planning Commission or the Community Development Director; F. The commercial activity would violate City, County, State or Federal requirements of law; G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity 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 the City Zoning Code and such permit has not been obtained; J. The applicant has a permit which is currently suspended or has been revoked, or a notice of revocation or suspension that is no longer subject to appeal has been issued within the past ninety (90) days. Section 141:The second paragraph of Subsection 17.10.070(A) of the Newport Beach Municipal Code is hereby amended to read as follows: The Harbor Resources Manager 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. Section 142: Section 17.10.085 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.10.085 Enforcement —Right of Entry. A. Enforcement. It shall be the duty of the Harbor Resources Manager to enforce each and all of the provisions of this title, the Chief of Police and /or Harbormaster shall render such assistance in its enforcement as may be required from time to time by the Harbor Resources Manager. B. Right of Entry. The Harbor Resources Manager, Harbormaster and each and all of his or her assistants 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. Page 150 Section 143:The introductory paragraph of Section 17.10.090 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.10.090 Suspension /Revocation. Any permit granted pursuant to the provisions of this Chapter may be suspended or revoked, by the Harbor Resources Manager, in whole or in part, upon fifteen (15) days prior written notice to the permittee, served in accordance with Section 1.05.030 of the Code, directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit shall not be suspended or revoked. The notice shall specify the reasons for the proposed action. A permit may be suspended or revoked on any of the following grounds: Section 144: Section 17.10.095 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.10.095 Appeal. Appeals of any decision of the Harbor Resources Manager shall be made in accordance with Chapter 17.65 or Chapter 17.60, as applicable. Section 145: Section 17.20.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.20.020 Vessel Operation. A. Speed Limit. No owner, operator or person in command of any vessel, except a public officer in the performance of his or her duty, shall operate the same or permit the same to be operated in any portion of Newport Harbor or the water in the present or prior channel of the Santa Ana River within the City at a rate of speed in excess of five (5) nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except as hereinafter provided. B. Designation of Closed Areas. Whenever the City Manager finds that public safety so requires, he or she may designate any water area or tidelands or filled lands in or upon which harbor improvement work is being performed as a closed area and shall cause the areas to be posted accordingly. Except for persons actually engaged in such harbor improvement work or public officers in the performance of their duty, no person shall enter or remain within or drive or operate any vessel or watercraft into or within any area which has been so designated as a closed area and which has been posted or marked with appropriate signs giving notice thereof. 1. The channel between Bay Island and Balboa Peninsula is Page 151 designated as a closed area from and including June 1st through September 15th of each year; no person shall operate any motorboat into or through such channel. 2. The Grand Canal is designated as a closed area from and including June 1 st through September 15th of each year; however, the closure shall not apply to vessels berthed at residential piers or moorings located along or within the Grand Canal. C. Restriction of Water Traffic. For such time as necessary preceding, during and after any race, regatta, parade or other event held on the waters of Newport Harbor, or at any other time when the City Manager deems it necessary for the safety of persons, vessels or other property, he or she shall have authority to restrict or prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or refuse to comply with any order, signal or direction of the City Manager, his or her deputies or agents. For purposes of this section, waterborne traffic shall mean any object, structure or vessel in contact with the water. D. Towing. It is unlawful for any person operating a vessel to tow any object, structure or vessel at a distance in excess of seventy -five (75) feet astern of the towing vessel. E. No person owning, leasing, occupying or having charge or possession of any vessel shall anchor such vessel on the Pacific Ocean unless the vessel is continuously occupied by a person during: (1) any nighttime hours (dusk to dawn); (2) any time period when a Small Craft Advisory or greater has been issued by the National Oceanic and Atmospheric Administration; and (3) during daylight hours, except for one (1) shore excursion daily for no more than three (3) hours. Section 146: Subsection 17.20.040(8) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Boarding Vessel Without Permission. No person shall climb into or upon any vessel moored, docked or anchored in Newport Harbor, without the consent of the owner or other person having charge thereof, except for those authorized by the Harbormaster. Section 147: Subsection 17.25.020(A)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: (1) It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel to: (a) berth or anchor the same in Newport Harbor except within the designated areas; or (b) anchor a vessel at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy -two Page 152 (72) hours within any thirty (30) calendar day period. The Harbor Resources Manager or his or her designee may authorize an extension to the seventy -two (72) hour time limit if the Harbor Resources Manager determines that given the particular circumstances an extension of time is reasonable and warranted. Section 148: Subsection 17.25.020(1)(2) of the Newport Beach Municipal Code is hereby amended to read as follows: 2. Vessel Condition — Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager has cause to believe a vessel is not seaworthy and operable, the Harbor Resources Manager shall give written notice in accordance with the service requirements of Section 1.05.030 of this Code to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor Resources Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Resources Manager determines that vessel is not seaworthy or operable, the permittee shall: (a) commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbor Resources Manager, upon written request from the permittee specifying the reasons therefore, approves an extension of time to complete the repairs; or (b) remove the vessel within thirty (30) days of service of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Resources Manager may repeat his or her request to test operability and seaworthiness as needed. Section 149: Subsection 17.25.020(1)(4) of the Newport Beach Municipal Code is hereby amended to read as follows: 4. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a moored vessel, the Harbor Resources Manager shall issue and serve a notice of violation in accordance with Section 1.05.030 of the Code and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within seven (7) calendar days of the notice of violation. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken Page 153 within seven (7) calendar days of the notice of violation, the Harbor Resources Manager may issue an administrative citation and the permittee shall: (a) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or (b) remove the vessel. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. Section 150: Subsection 17.25.020(M) of the Newport Beach Municipal Code is hereby amended to read as follows: M. Administration. Pursuant to an agreement between the County of Orange and the City of Newport Beach, the the Orange County Sherriff's Department, Harbor Patrol /Marine Operations Bureau shall administer all provisions in this section dealing with moorings and buoys, except the revocation of permits by the Harbor Commission and collection of all fees hereafter. Section 151: Subsection 17.30.030(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three (3) calendar days' written notice, served in accordance with Section 1.05.030 of the Code, to the owner of a nonconforming receiver, it may be removed by the Harbor Resources Manager and stored at the expense of the owner. Section 152: Subsection 17.35.010(A) of the Newport Beach Municipal Code is hereby amended to read as follows: 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 Community Development Department prior to the issuance of a harbor development permit using the "Alternate Material or Method of Construction" appeals process. Section 153: Subsection 17.35.020(E)(2) of the Newport Beach Municipal Code is hereby amended to read as follows: 2. Any electrical service upon any pier, dock or float shall be installed under a permit obtained from the Community Development Department. Page 154 Section 154: Subsection 17.35.020(E)(3) of the Newport Beach Municipal Code is hereby amended to read as follows: 3. Any domestic water service upon any pier, dock, or float shall be installed under a permit obtained from the City of Newport Beach Community Development Department. Section 155: Subsection 17.35.050(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. The height and design of all bulkheads and wing walls shall be subject to the design and construction standards of the Community Development Department. Section 156: Subsection 17.35.050(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. All bulkhead construction permits shall be subject to a detailed construction drawing being approved by the Community Development Department. Drawings and substantially structural calculations shall be signed by a Civil or Structural Engineer. Section 157: Section 17.35.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.35.080 Parking Requirements. Parking shall be provided pursuant to Title 20 of this Code. Section 158: Subsection 17.40.060(6) of the Newport Beach Municipal Code is hereby amended to read as follows: B. The application for renewal shall be denied for any of the reasons specified in Section 17.40.050; the permittee has failed to comply with any provision of this Title during the term of the previously issued permit; or the permittee has failed to use the vessel as permittee's principal residence during the previous term of the permit. Section 159: Section 17.40.150 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.40.150 Procedure for Suspension or Revocation. In the event the Harbor Resources Manager determines there may be grounds for suspension or revocation of a permit issued pursuant to this Chapter, the Harbor Resources Manager shall give written notice in Page 155 accordance with Section 1.05.030 of the Code of intent to suspend or revoke the permit and the right of the permittee to request a hearing before the Harbor Resources Manager within fifteen (15) working days from the date on which notice is deemed served. The notice shall state the reason for the proposed suspension or revocation and shall be accompanied by any documents in the possession of the Harbor Resources Manager that pertain to the grounds for the proposed action. If the permittee does not request a hearing within fifteen (15) working days of the date the notice is deemed served, the decision of the Harbor Resources Manager shall be final and permittee shall not be entitled to an appeal. Section 160: Subsection 17.45.010(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit or the required sanitation facilities serving such pier, dock or float has been installed and approved by the Community Development Department. The use of a pier, dock or float will not be allowed until any required sanitation facilities are completed and in operation. Section 161: Subsection 17.45.010(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Sewage Pumping Facilities. Permission may be granted to install and operate sewage pumping facilities for boats moored to shore - connected structures providing such installations are first approved by the Harbor Resources Division and the Community Development Department. Section 162: Subsection 17.45.020(A)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: 1. On July 14, 1986, the City Council created the Coastal Bay Water Quality Citizens Advisory Committee (now the Water Quality /Coastal Tidelands Committee) in response to growing concerns about the deterioration of the quality of water in Newport Bay. The Committee was specifically empowered to develop information, and make recommendations, on proposed measures to improve water quality of the bay. Section 163: Subsection 17.45.020(A)(2) of the Newport Beach Municipal Code is hereby amended to read as follows: 2. The Committee has, since its inception, conducted monthly meetings and received testimony from representatives of the Regional Water Quality Control Board, the Orange County Health Department, the Page 156 Harbor Master, businesses that utilize Newport Bay, and experts in the field of water quality. Section 164: Subsection 17.45.020(B)(4) of the Newport Beach Municipal Code is hereby amended to read as follows: 4. The application, plans and specifications required by this chapter shall be reviewed by the Harbor Resources Manager to determine if the proposed work meets all requirements of this chapter and other provisions of the Newport Beach Municipal Code. The Harbor Resources Manager shall issue the permit if the proposed pumpout station complies with all applicable ordinances, rules and regulations. A separate permit will be required from the Building Official prior to installation of the pumpout facility. Section 165: Subsection 17.45.030(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his or her control or command to discharge any treated or untreated human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay or the Pacific Ocean. Section 166: Subsection 17.45.030(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport Harbor within the City. The Harbor Resources Manager may remove the same with or without notice, at his or her option, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline, in a civil action. Section 167: Subsection 17.45.030(H) of the Newport Beach Municipal Code is hereby amended to read as follows: H. Signs Concerning Sanitation Regulations. The owner or operator of any commercial boat docking facility or marina located on the waters of Newport Bay shall install and maintain at his or her expense in conspicuous locations on the premises thereof standard signs to inform the public of the regulations prohibiting the discharge of toilets on any vessel into the waters of Newport Bay and other provisions of this title which relate to harbor sanitation. Uniform standards and specifications for the design and general locations of such signs shall be prescribed by the Harbor Commission. Page 157 Section 168: Section 17.50.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.50.020 Application for Harbor Development Permits. A. Required Forms. Applications for authority to erect, revise and do maintenance work on structures shall be filed in the office of the Community Development Department and the Harbor Resources Division in writing on forms prescribed by the Building Official. Plans showing the location, extent and character of the proposed work and required fees shall accompany the application. The Community Development Department shall not issue a permit without prior approval of the Harbor Resources Division. B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Building Official. The Building Official may request additional materials deemed necessary to support the application. Plans accompanying the application must comply with the Newport Beach Administrative Code adopted by the City of Newport Beach. 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. The application must be signed by the Harbor Permittee or his or her authorized agent. The applicant has the opportunity of submitting "Alternate Materials of Design and Methods of Construction" that may deviate from the design criteria through the appeal process. Sufficient justification must be provided to the City to review any appeal request. If such a request is desired, obtain the necessary form from the City. D. Fees. Applications shall be accompanied by a fee as established by resolution of the City Council. Section 169: Subsection 17.50.030(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. The application and plans and specifications shall be reviewed by the Harbor Resources Manager and Community Development Department to determine whether the proposed work meets all the requirements of this Code and any standards and policies adopted by the City Council or required by State or Federal regulatory agencies for such construction or work. Page 158 Section 170: Subsection 17.50.030(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Before issuing a permit for any work on oceanfront beaches or for any unusual type of harbor structure, or for a structure on which the applicant proposes a use that is not in keeping with the surrounding area, all property owners or long -term lessees within three hundred (300) feet of the proposed work shall be notified in writing by the Harbor Resources Division of the pending application. Notice will be sent ten days prior to a decision by the Harbor Resources Division, and after the department has rendered a decision. The permit shall not be issued until the appeal period provided in Chapter 17.65 expires. Section 171: Subsection 17.50.040(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Approval. The Community Development Department is authorized to approve and issue new permits and revisions to existing permits that conform to the design criteria and all applicable standards and policies in conjunction with plan reviews by the Harbor Resources Division. Section 172: Subsection 17.50.050(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Acceptance of Provisions. It is understood and agreed by the permittee that the doing of any work under the permit shall constitute an acceptance of all the applicable provisions of the Municipal Code. Section 173: Subsection 17.50.050(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Inspection. Inspection shall be done by the Community Development Department for conformity with the California Building Code, design criteria and the approved plans. Section 174: Section 17.55.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.55.040 Limits on Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the California Public Resources Code (Coastal Act) and the certified Local Coastal Program. Page 159 Section 175:Subsection 17.60.040(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Unpaid Fees. When the permittee is in arrears for a period of ninety (90) days or more, the Harbor Resources Manager may, at his or her discretion, revoke the permit upon five (5) days' written notice to the permittee by first class mail to the address shown on the permit. If the mooring is not removed by the permittee within thirty (30) days after cancellation of the permit, then it shall be deemed abandoned and the title thereto shall vest in the City. Mooring permittee may apply for reimbursement for the value of the mooring equipment pursuant to subsection (M) of this section. Section 176: Section 19.04.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.04.070 Interpretation of Code Provisions. A. Interpretations. Where uncertainty exists regarding the interpretation of any provision of this Code or its application to a specific subdivision, project or property, the Community Development Director shall determine the intent of the provision for all chapters, except that the City Engineer shall determine the intent of provisions in Chapters 19.28 (Subdivision Improvements), 19.32 (Improvement Plans), 19.36 (Completion of Improvements), 19.56 (Final Map Filing), 19.60 (Final Map Review) and any other section in which the City Engineer is specified as the relevant staff authority. B. Appeals. Any interpretation of the provisions of this Code by the Community Development Director or the City Engineer may be appealed to the Planning Commission under the same procedures as set forth in Title 20. Section 177: Subsection 19.04.080(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Enforcement Responsibility. It shall be the duty of the Community Development Director or the director's authorized representative to enforce the provisions of this Title. Section 178: The definition of the term "Community Development Director" is hereby added to Subsection 19.04.090(B) of the Newport Beach Municipal Code to read as follows: "Community Development Director" means the Community Development Director for the Community Development Department or his or her designee. Section 179:The definition of the term "Planning Director" in Subsection 19.04.090(B) of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 180:Subsection 19.08.030(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Filing Requirements. Application for a parcel map waiver shall be made on forms provided by the Community Development Department and shall include such items as may reasonably be required to make the necessary findings. A filing fee shall be paid as established by resolution of the City Council. Section 181: Subsection 19.08.040(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Filing. Tentative maps shall be filed with the Community Development Department by a record owner or owners of the property to be divided or by their authorized agents. The required number of copies of the tentative map shall be as promulgated in writing by the Community Development Director. Section 182: Subsection 19.08.040(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a civil engineer registered in the State of California in accordance with the Subdivision Map Act and this Code. Tentative maps shall be in map form in size, scale and format as specified by the Community Development Director and shall be accompanied by other reports, exhibits, information and materials as required by the director. The director shall provide application forms and a list of required tentative map information on request. Section 183:Section 19.12.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.12.020 Prefiling Conference. Prior to the submission of a tentative map, the subdivider may submit to the Community Development Department maps, plans and other information concerning the proposed subdivision. The Department shall thereupon schedule a conference with the subdivider to provide information and recommendations regarding the subdivision design, grading, required improvements and related matters. Such a prefiling conference is optional to the subdivider and shall not be a prerequisite to filing a tentative map. Page 161 Section 184: Subsection 19.12.040(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Subdivider's Responsibilities. The subdivider shall submit information as required by the Community Development Director sufficient to permit environmental review of the project in accordance with the California Environmental Quality Act, the Zoning Code and City procedures. The subdivider shall also pay all fees required for the completion of environmental review including, but not limited to, the preparation of an environmental impact report, if required. Section 185: Subsection 19.12.040(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community Development Director shall determine if the parcel map is categorically exempt from environmental review pursuant to Section 15315 of the California Environmental Quality Act Guidelines. Section 186: Subsection 19.12.050(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Staff Report. After review and analysis of a tentative tract map, the Community Development Director shall forward a report, together with a recommendation of approval, approval subject to conditions, or denial to the Planning Commission. Also, at least (3) three days prior to any hearing or action on the tentative tract map, the staff report shall be sent to the subdivider, to each fee owner of the subject property if other than the subdivider, and, in the case of a proposed conversion to a condominium, community apartment or stock cooperative project, to each tenant of the subject property. Section 187:Subsection 19.20.040(C)(5) of the Newport Beach Municipal Code is hereby amended to read as follows: 5. Any additional plans, reports or studies required by the City which are, in the opinion of the Community Development Director, necessary to process the subdivision of land and development thereon. Section 188:Subsection 19.24.010(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Street Names. Street names may be proposed by the subdivider and shall be approved by the Community Development Director, in consultation with the Fire Chief. Names shall be selected which are not duplicates or near duplicates of existing street names in the City and which are reasonably pronounceable for purposes of identification and the provision of emergency services. Page 162 Section 189: Subsection 19.24.020(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Residential Lots Abutting Arterials. Residential lots shall not take direct access from arterial or collector roads and shall not front onto such roads unless served by a common parking facility and driveway(s) designed in accordance with the Off - Street Parking Regulations in Title 20 and approved by the tentative map decision making body. Alternatively, the decision making body may require that access be provided via a frontage road between an arterial road and the residential lots. Section 190: Subsection 19.54.040(A)(3) of the Newport Beach Municipal Code is hereby amended to read as follows: 3. Affordable units required to be replaced under the provisions of Title 20 of this Code for Low and Moderate Income Housing Within the Coastal Zone shall not be eligible for fulfilling the number of affordable units required under the provisions of this Chapter. Section 191: Subsection 19.54.060(B)(5) of the Newport Beach Municipal Code is hereby amended to read as follows: 5. Any additional information requested by the Community Development Director to assist in the evaluation of the AHIP. Section 192: Subsection 19.54.060(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Appeal of Review Authority's Decision. The decision of the review authority may be appealed in compliance with the procedure and process for Appeals contained within Title 20 of this Code. Section 193:Subsection 19.60.010(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Final Tract Maps. If the City Engineer determines, after consultation with the Community Development Director, that a final tract map conforms to the applicable tentative tract map and its conditions of approval, the final map shall be forwarded to the City Council for review. Section 194: Subsection 19.60.010(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Final Parcel Maps. If the City Engineer determines, after consultation with the Community Development Director, that a final parcel map conforms to the applicable tentative parcel map and its conditions of approval, the final map shall be released for recordation. Page 163 Section 195: Subsection 19.64.040(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Community Development Director that the notification requirements specified in subsections (A) and (B) of this section have been or will be satisfied. Section 196: Subsection 19.64.070(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Off- Street Parking Requirements. 1. Residential Conversions. The minimum number, and the design and location of off - street parking spaces shall be provided in conformance with the provisions of the Off - Street Parking Regulations contained within Title 20 of this Code, in effect at the time of approval of the conversion. 2. Nonresidential Conversions. The number of off - street parking spaces that were required at the time of original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of the Off - Street Parking Regulations contained within Title 20 of this Code. Section 197: Subsection 19.64.070(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. The applicant for a condominium conversion shall request a special inspection from the Community Development Department for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to approval of a final map for the condominium conversion. Section 198: Subsection 19.64.080(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Parking. The decision making body may modify or waive the parking requirements of Section 19.64.070(A) in accordance with the waiver procedures of Title 20 of this Code for Off - Street Parking. Section 199:Subsection 19.68.030(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Application. Mergers of contiguous lots involving four (4) or fewer parcels under one (1) fee ownership may be initiated by the owner of the fee interest. An application for a lot merger shall be filed in a manner Page 164 consistent with the requirements contained in Title 20 of this Code relating to the filing of an application. Application for merger of contiguous parcels shall be made on forms provided by the Community Development Department and shall include such items as may reasonably be required to make the necessary findings. An application shall be accompanied by a fee set by resolution of the City Council. Section 200: Subsection 19.68.030(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Required Plans and Materials. In addition to the other application materials required by Title 20 of this Code, an application for a lot merger shall be accompanied by an exhibit showing the lots to be merged, the property lines of the adjoining parcels, and structures on and adjacent to the lots to be merged. Section 201: Subsection 19.68.030(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Community Development Department Review. An application for a lot merger is hereby initially reviewed by the Community Development Department in accordance with Title 20 of this Code. Section 202: Subsection 19.68.030(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. Public Hearings. Lot mergers shall require a public hearing before the Zoning Administrator. Procedures for noticing and conduct of hearings shall be in accordance with Title 20 of this Code. Section 203: Subsection 19.68.030(N) of the Newport Beach Municipal Code is hereby amended to read as follows: N. Expiration and Amendments. Expiration of and amendments to lot merger approvals shall be in accordance with Permit Implementation, Time Limits, and Extension contained in Title 20 of this Code. Section 204: Subsection 19.72.020(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Filing. Application for a reversion to acreage shall be made on forms provided by the Community Development Department and shall include the information and materials specified in Section 66499.13 of the Subdivision Map Act. A filing fee may be required as established by resolution of the City Council. Page 165 Section 205: Subsection 19.76.020(A) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Application. An application for a lot line adjustment shall be filed in accordance with the requirements contained in Title 20 of this Code relating to the filing of an application. The owners of the fee interest of all parcels involved shall sign the application form. Section 206:Subsection 19.76.020(6) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Required Plans and Materials. In addition to the other application materials required by Title 20 of this Code, an application for a lot line adjustment shall be accompanied by an exhibit showing the line or lines to be adjusted, the property lines of the adjoining parcels, and structures adjacent to the line or lines to be adjusted. Section 207: Subsection 19.76.020(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Community Development Department Review. An application for a lot line adjustment shall be initially reviewed by the Community Development Department in accordance with Title 20 of this Code. Section 208: Subsection 19.76.020(G) of the Newport Beach Municipal Code is hereby amended to read as follows: G. Public Hearings. Lot line adjustments shall require a public hearing. Procedures for noticing and conduct of hearings shall be in accordance with Title 20 of this Code. Section 209: Section 19.80.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.80.020 Review Per Map Act (66499.35). The Community Development Director shall process certificates of compliance in accordance with the provisions of Section 66499.35 of the Subdivision Map Act. Section 210:The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 211: 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, Page 166 subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 212: Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 213:The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 to have a significant effect on the environment. Section 214: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 215: 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 once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. [CONTINUED ON NEXT PAGE,] Page 167 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of May, 2013, and adopted on the 28th day of May, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ALAI ATTEST: Keith D. Curry LEILANI I. BROWN, CITY CLERK APPROVEDAS TO FORM: CITY,ATTO Y'S -QFF}CE HARP, CITY ATTORNEY