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HomeMy WebLinkAbout13 - Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the NBMC and Other Related ProvisionsQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report January 12, 2021 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager, cjacobs@newportbeachca.gov Kurt Borsting, Harbor Master, kborsting@newportbeachca.gov PHONE: 949-644-3313/949-270-8158 TITLE: Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions ABSTRACT: The Harbor Commission has been working on revisions to various sections of Title 17 over the last year and a half. The City Council approved many of the revisions to the Municipal Code on February 11, 2020 and November 10, 2020. Title 17.10 was not included in those updates, as this section of the Code relates specifically to businesses on the harbor and the Harbor Commission felt this impacted a very different stakeholder group and wanted to work with the business community separately. At the October 14, 2020 Harbor Commission meeting, the Commission heard public testimony and approved the proposed revisions to Title 17.10 Marine Activities Permits and Title 1.05.020 Authority and Administrative Citation Fines. The Harbor Commission recommends approval of the changes as proposed. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Waive full reading, read by title only, introduce Ordinance No. 2021-3, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 17.10 Marine Activities Permits of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions, and pass to second reading on January 26, 2021. 13-1 Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions January 12, 2021 Page 2 FUNDING REQUIREMENTS: The current Marine Activities Permit (MAP) fee is $395 for the first permit and an annual renewal fee of $197. There is no fee increase proposed at this time. The new registration process proposed for existing businesses that are not required to have a MAP will not have a fee associated with the registration. The proposal does include increased fines for violations of the Municipal Code. Initial fines would increase from $100 for the first and second fines to $1,000 and from $500 to $3,000 for the third fine within a year. This will provide Code Enforcement a more effective tool in working with the business community to come into compliance with the Municipal Code. DISCUSSION: History of the Marine Activities Permit Proaram The City has had a MAP Program since 1970. Over the years, City Councils have updated the rules and regulations associated with commercial activity in the harbor as the volume of on -water harbor activities have increased. Below are highlights of the updates as they pertain to the proposed changes to Title 17.10. In 1970, Ordinance 1345 established Section 17.41, the first regulations regarding commercial activities on the water requiring a permit. Exceptions included commercial activities conducted at a permanent fixed location pursuant to Title 20 and boats chartered to private individuals, groups or organizations that are not available to the public. In 1978, Ordinance 1759 updated Title 17.41 and added additional exceptions for boat repairs and maintenance services, and marine construction or contracting services. In 1984, Ordinance 84-29 established concerns that commercial activities on the harbor were placing additional demands on parking, noise and traffic. No additional exemptions were included in the ordinance. In 2002, Ordinance 2002-18 added an additional exemption for any charter carrying six or few passengers. In addition, language is included in the ordinance that allows those holding permits prior to the adoption of the ordinance may continue to operate as long as they do not expand the activities beyond those which are conducted as of the date of the chapter. ➢ In 2006, Ordinance 2006-03 deletes Section 17.41 of the Newport Beach Municipal Code, replaces it with 17.10 and adds significant language regarding operating commercially in Newport Harbor. Additional exemptions are made for businesses operating under a franchise or lease agreement and commercial activities operating pursuant to a permit issued by the Army Corp of Engineers, or a Special Event of Commercial Film permit issued by the City of Newport Beach. In this version, new conditions were included related to parking, loading at public docks, music, trash, and required on -board sanitation devices. 17.10 also includes language for an exemption of commercial businesses operating under the prior rules as long as there is no increase in activity. 13-2 Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions January 12, 2021 Page 3 In 2008, Ordinance 2008-02 included a complete re -write of Title 17. The significant changes to the section include concern with increased activity on the harbor, lack of fixed base of operation, noise, parking, larger craft in the harbor. Permits are now specifically required for bareboat charters or certified charters. New exemptions were added for a single vessel more than 100 tons with fewer than twelve passengers and private marinas operating with a commercial permit. This history sets the context for the recommendations for City Council consideration. Since the 1970's there have been ongoing and growing concerns regarding how harbor businesses impact the users of the harbor as well as the surrounding residents. Prior City Councils have taken actions over the years to improve regulation of harbor businesses while at the same time exempting or "grandfathering" those businesses who would fall out of compliance due to the change in regulation. Over time, these exceptions to the Code have created inequities in how businesses are treated. This has resulted in unintended consequences related to parking, insurance and enforcement of activities that do not require a MAP. There are currently 42 active MAPs, 8 applications in progress, and 20-30 businesses that have been identified as needing a MAP under existing code, and staff is actively working to gain compliance with these businesses. When major changes were made to the MAP in 2008, there were 41 MAPs; of those 41 only 9 remain under the 2008 rules. Over time, all businesses will comply with the proposed changes. Proposed Revisions to Title 17.10 As part of a comprehensive review of Title 17, the Harbor Commission subcommittee on Harbor Policies, Codes and Regulations undertook a detailed study of the MAP Program with the goal of revising Title 17.10 to assist the business community, by creating an even playing field for all commercial users while also balancing the needs of the residential neighborhoods on the harbor and private recreational harbor users. Due to the potentially significant impact on many businesses, the subcommittee held three community meetings in 2019 to discuss possible revisions to Title 17.10. The input received from the community was taken into consideration in the development of the recommended changes. Calendar year 2020 was devoted to working with the subcommittee and the City Attorney's Office to draft the proposed changes to the Code. As the activity in the Harbor has increased over the years and continues to grow, the impact of businesses utilizing the Harbor has generated concerns about parking in residential areas, trash in the Harbor, noise, excessive light, and unsafe operations. The proposed regulations will allow the Harbor Department to more effectively manage and approve uses on the Harbor to provide a safe and enjoyable environment for all users. In addition, the proposed changes will provide additional enforcement tools to ensure businesses are operating appropriately in the Harbor and to provide a method to suspend MAPs prior to a revocation, allowing staff to work with business to get them in compliance. 13-3 Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions January 12, 2021 Page 4 Significant changes to Title 17.10 are: A provision requiring all new commercial activities to obtain a Marine Activities Permit and elimination of all business exemptions. The Harbor Commission believes it is important to engage and support all commercial activities in the harbor. The permit requirement will allow the City to verify the scope of operations, insurance requirements, business license, adequate parking, appropriate on -board sanitation devices, dye tablet testing, hours of operation, noise limitations, appropriate trash removal, and head counts. The City currently has no mechanism to enforce these rules on businesses that are exempt, and the Harbor Department receives complaints about some of these operators. Requiring all businesses in the Harbor to maintain adequate insurance, naming the City as an additional insured, requiring loading and unloading to occur at a private dock and limiting outdoor lighting. An enhanced process for the suspension or revocation of a MAP. This provides code enforcement staff an additional tool to gain compliance from the permittee. ' Currently, commercial fishing vessels, "six packs" and "12 packs" are not required to obtain a MAP under Section 17.10.025. The proposed revisions would require new commercial operators in these categories to obtain a MAP going forward. Existing operators would be exempt from obtaining a MAP; however, in order to continue to operate, they must register with the City and meet all the MAP requirements except for the parking requirement. These include: ensuring no passenger loading and unloading at a fuel or public dock; no passenger transport from the street; all passenger loading and unloading to take place from a dock or pier where the abutting upland property is commercially zoned; limits on the hours and amplification of sound including music; limits on outdoor lighting; ensuring proper trash disposal; demonstrating vessels are equipped with marine sanitation devices; providing evidence of insurance and vessel registration; and compliance with other laws as identified in Section 17.10.060(B)(2) -(B)15. Failure to maintain registration or a substantial change in business activity will require a MAP. The language regarding existing businesses is a key component to the proposed changes. It is estimated that the City may have anywhere between 20-70 businesses operating a commercial business that are not required to have a MAP at this time. These existing businesses would be required to register at no charge with the City annually; meet several insurance, safety and good neighbor related requirements; and provide additional information on their operations. By allowing the City to identify and work with the businesses, we can ensure safe operations for the public and the surrounding community. In prior revisions of Title 17.10, there were no specific additional steps for the existing exempted businesses to take to continue to operate. This has resulted in many one -vessel operators who are not following the rules established for the Harbor to the detriment of those who work within the Newport Beach Municipal Code. 13-4 Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions January 12, 2021 Page 5 Should the City Council approve the proposed changes, staff will begin to identify and reach out to the businesses that would no longer be exempt and work with them to meet the new requirements. Staff anticipate some concerns with insurance requirements from the business community. However, the Commission and staff believe this is key to protect not only the City, but the public that patronize these businesses. For those existing businesses that will remain exempt, baseline scope of operations will be set with each business owner and any intensification in operation will result in a MAP requirement. There is no fee associated with existing businesses, but they will need to register with the City and be required to provide an annual update regarding insurance and uses. Proposed changes to Title 1.05.020 Authority and Administrative Citation Fines Currently the Harbor Department issues citations in accordance with Newport Beach Municipal Code Section 1.05.020 — Authority and Administrative Citations Fines. The fines range from $100 for the first violation and $500 for a third violation. Unfortunately, these fines do not provide an incentive for non-compliant operators to change their behavior. It is recommended that these fines be increased to $1,000 for the first violation and up to $3,000 for the third violation within one year. Doing so would give Code Enforcement staff more effective tools to address quality of life violations that occur on the Harbor. Attachment A is the proposed Ordinance, a redline copy of the proposed changes are shown in Attachment B. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2021-3 Attachment B — Redline 13-5 ATTACHMENT A ORDINANCE NO. 2021- 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 17.10 (MARINE ACTIVITIES PERMIT) OF TITLE 17 (HARBOR CODE) OF THE NEWPORT BEACH MUNICIPAL CODE AND OTHER RELATED PROVISIONS WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitutions, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended ("Beacon Bay Bill"), the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City adopted rules and regulations for Newport Harbor, which are contained in Title 17 (Harbor Code) ("Title 17") of the Newport Beach Municipal Code ("NBMC"); WHEREAS, on February 11, 2020, the City Council adopted Ordinance No. 2020-5 approving comprehensive revisions to Title 17 including, but not limited to, updating definitions, regulating marine sanitation devices to protect against discharge of waste in Newport Harbor, amending requirements for mooring subpermits, adding a procedure to allow mooring length extensions, and modifying the procedures for issuance of permits, appeals/calls for view, and revocations; WHEREAS, on November 10, 2020, the City Council adopted Ordinance No. 2020- 27 approving additional revisions to Chapter 17.40 (Live-Aboards) and other related provisions, WHEREAS, revisions to Chapter 17.10 (Marine Activities Permits) were excluded from the aforementioned revisions to Title 17 so that staff could receive community feedback prior to initiating changes related to marine activities permits; 13-6 Ordinance No. 2021 - Page 2 of 15 WHEREAS, a telephonic public meeting was held on October 14, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to Covid-19. A notice of the time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act'). Evidence, both written and oral, was presented to, and considered by the Harbor Commission at this hearing; WHEREAS, at the conclusion of the hearing, the Harbor Commission adopted Resolution No. HC2020-001 recommending City Council approval of the proposed amendments to Chapter 17.10 and other related provisions by a majority vote (7 ayes, 0 nays); WHEREAS, a telephonic public meeting was held by the City Council on January 12, 2021, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by the City Council at this hearing; and WHEREAS, the City shall file a copy of this ordinance with the California Department of Boating and Waterways prior to its adoption and at least thirty (30) days prior to its effective date, as required by California Harbor and Navigations Code Section 660(a). NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain, as follows: Section 1: Subsection (F) of Section 1.05.020 (Authority and Administrative Citation Fines) of Chapter 1.05 (Administrative Code Enforcement Program) of Title 1 (General Provisions) of the Newport Beach Municipal Code is amended to read as follows: F. In the case of administrative citations issued for violations of Chapter 5.28 [Live Entertainment Establishments]; Chapter 5.32 [Cafe Dances]; Chapter 5.95 [Short Term Lodging Permit]; Section 10.50.020(H) [violation of terms or conditions of a use permit issued by the City]; Section 14.36.030 resulting in bay or beach closure [Illicit Connections and Prohibited Discharges]; California Fire Code section 107.5 (as adopted by Code Section 9.04.010); California Fire Code section 107.5.1 (as adopted by Code Section 9.04.020); or Chapter 17.10 [Marine Activities Permit], administrative fines shall be assessed in the following amounts when authorized by the City Manager or his or her designee: 1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation; 2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of the same ordinance or permit within one year from the date of the prior violation; 13-7 Ordinance No. 2021 - Page 3 of 15 3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or any subsequent violation, within one year from the date of the prior violations. Section 2: Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to read as follows: MARINE ACTIVITIES PERMIT Sections: 17.10.010 Findings and Purpose. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. 17.10.025 Exemptions. 17.10.030 Application for Permit. 17.10.040 Filing Fee. 17.10.050 Issuance of Permit. 17.10.060 Power to Impose Conditions - Hold Harmless. 17.10.070 Insurance. 17.10.080 Duration of Permit. 17.10.090 Enforcement - Right of Entry. 17.10.100 Transfer of Permit. 17.10.110 Licenses and Fees Not Exclusive. 17.10.120 Application to Existing Commercial Activities. 17.10.010 Findings and Purpose. A. Newport Harbor is a limited resource with an extensive existing and growing demand for marine and recreational use; B. There has been an increase in the nature and intensity of commercial activities occurring on the waters of Newport Harbor; 13-8 Ordinance No. 2021 - Page 4 of 15 C. Some vessels carry a number of passengers and some are owned or operated by persons who do not have a fixed base of operation on or near Newport Harbor that can provide adequate boarding, parking or sanitation facilities necessary to serve their employees, clients and customers; D. Commercial activities on Newport Harbor require City services which may not be paid by the patrons or passengers of commercial operators on Newport Harbor; E. Commercial activities on Newport Harbor have created an additional demand for available parking and created traffic congestion in and around the waterfront; F. Commercial activities have sometimes created a level of noise which has interfered with the right of residents, persons who own property and visitors on or near Newport Harbor to the peaceful enjoyment of their property and public areas; G. Commercial activities, especially the mix of large craft with limited maneuverability and restricted uplands access, have the potential to interfere with the safe navigation of vessels operating on the waters of Newport Harbor; H. The requirements of this chapter are necessary to promote safety in Newport Harbor, minimize the traffic congestion, parking shortages, excessive noise and speed and the discharge of waste that could result from unregulated commercial activity and to ensure safe operation within the capacity and constraints of Newport Harbor; I. The Harbor and Bay Element of the General Plan establishes an objective to preserve existing commercial uses in Newport Harbor to the extent necessary to maintain and enhance the charm and character of the harbor and to provide support services for visitors, recreational boaters and other water -dependent activities by enforcing existing ordinances and, if necessary, establish new standards for the operation of commercial activities. The Local Coastal Program establishes commercial definitions that allow for certain uses with policies established to accommodate commercial designations; J. In adopting this chapter, the City Council intends that the health, safety and welfare of those who use, enjoy and own property on or near Newport Harbor are not adversely affected by commercial activities conducted on those waters and that suitability and capability of the Newport Harbor infrastructure to accommodate future permit -dependent operations are adequately considered in permit application processes; K. Fees and charges imposed on commercial users of Newport Harbor should recover City costs and contribute to major harbor maintenance projects (i.e., dredging); L. Leases should be used where appropriate to recover the fair market value of the use of public tidelands from holders of permits for marine commercial activities on tidelands properties; and 13-9 Ordinance No. 2021 - Page 5 of 15 M. To administer the use of public trust lands in a manner consistent with the tidelands trust, the California Constitution, the certified Local Coastal Program, and applicable laws. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. A. No person shall engage in any commercial activity including, but not limited to, scheduling, arranging, operating or renting any bareboat or certified charter, vessel or equipment, on the waters of Newport Harbor without first obtaining a valid marine activities permit pursuant to this chapter. B. No person shall use a vessel to conduct a business or service including, but not limited to, pump out, towing, bottom cleaning, fuel delivery, and/or maintenance or repair services, on the waters of Newport Harbor without first obtaining a valid marine activities permit pursuant to this chapter. 17.10.025 Exemptions. The requirements of this chapter are not applicable to the following: A. Commercial activities operating pursuant to a permit issued by the Army Corps of Engineers, or a special event permit or commercial film permit issued by the City; B. Persons operating with a commercial pier permit, lease or franchise issued by the City unless engaging in commercial activities that would otherwise require a permit pursuant to this chapter. 17.10.030 Application for Permit. An application for a new permit or the reinstatement of a permit under this chapter shall be filed with the Harbormaster, upon forms provided by the City, and shall contain such information which the Harbor Commission or Harbormaster may require. 17.10.040 Filing Fee. A new or renewal application for a marine activities permit or an application for the reinstatement of a marine activities permit shall be accompanied by the fee established by resolution of the City Council. 13-10 Ordinance No. 2021 - Page 6 of 15 17.10.050 Issuance of Permit. Upon receipt of a complete application for a marine activities permit, the Harbormaster shall investigate the information contained in the application. The Harbormaster shall refer the application to the Community Development Department to verify that all of the applicable provisions of Titles 20 and 21 have been addressed or complied with and the Public Works Department to ensure safe vehicular ingress and egress, and, where applicable, the safe loading and unloading of passengers and supplies. The Harbormaster may also refer the application to the Harbor Commission, or other appropriate City departments, for investigation, report or recommendation. The Harbormaster shall inspect, or cause to be inspected, the vessel(s), marine sanitation device(s), boarding facilities, parking and all upland support facilities listed in the application. The Harbormaster shall notify an applicant of his or her decision in writing within ninety (90) days from the date on which a completed application is received. Except as provided in this section, the Harbormaster may issue the marine activities permit upon a determination that approval of the application will not adversely affect the health, safety or welfare of those who use, enjoy, or own property on or near Newport Harbor. The Harbormaster shall approve the application unless: A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Harbor by members of the public, or interfere with the rights of those who own property on or near the waters of Newport Harbor to the peaceful and quiet enjoyment of that property; B. The proposed commercial activity is likely to contribute to the problem of water pollution and/or litter in the waters of Newport Harbor; C. The vessel or craft to be used by the applicant does not satisfy the applicable standards of the United States Coast Guard, or City, County of Orange, state or federal requirements of law; D. The proposed commercial activity is likely, when viewed in conjunction with other anticipated rentals, charters and marine operations, to create a hazard to safe navigation, or otherwise interfere with the rights of others to use the waters of Newport Harbor; 13-11 Ordinance No. 2021 - Page 7 of 15 E. The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies for the period subject to permit. For the purpose of this section, parking shall not be considered adequate unless the number of parking spaces required by Titles 20 and 21 of this Code are provided for the duration of the permit and will be available during the days and hours of operation specified by the permit and that any off- site parking arrangements have been approved in accordance with Titles 20 and 21; F. The commercial activity would violate City, County of Orange, state or federal requirements of law; G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity, where applicable, does not provide uplands support, docking or boarding facilities sufficient to safely accommodate the size of vessel(s) or number of passengers indicated on the application; I. The proposed commercial activity includes an upland use that requires a use permit or other approval under Titles 20 and 21 and such permit has not been obtained; or J. The applicant has a marine activities permit which is currently suspended or had a marine activities permit that has been revoked, or there is a notice of revocation or suspension that is no longer subject to appeal has been issued within the past ninety (90) days. 17.10.060 Power to Impose Conditions — Hold Harmless. A. In granting any permit pursuant to this chapter, the Harbormaster, or the Harbor Commission on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interests of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall defend, indemnify and hold the City, the County of Orange, and the State of California harmless from any claim for damages, penalties or fines arising out of the exercise of the permit; or the activities of the permittee carried on under the authority of such permit including attorney's fees and other costs and expenses incurred by the City. 13-12 Ordinance No. 2021 - Page 8 of 15 The Harbormaster or Harbor Commission, on approval or review, shall have the power to impose new conditions or modify existing conditions with regard to any permit issued pursuant to this chapter upon a determination that the operations by the permittee, in the absence of the new or modified conditions, may adversely impact the health, safety or welfare of those who use, enjoy or own property near or on the waters of Newport Harbor. B. All permits issued pursuant to this chapter are subject to the following standard conditions: 1. Adequate off-street parking shall be provided in accordance with Titles 20 and 21 for all employees, passengers and patrons of the commercial harbor activity; 2. No passenger loading or unloading shall occur at any fuel dock or public dock; 3. Passengers transported to or from the commercial harbor activity shall not be picked up from, or unloaded on City streets; 4. All passengers and provisions shall be loaded and unloaded only from docks or piers where the abutting uplands property is commercially zoned, with proper permits; 5. Music and sound from the vessel shall be controlled so as not to disturb a person of normal sensitivity at a point one hundred (100) feet from the hull of the vessel; 6. Music, live entertainment, and all forms of amplified sound are prohibited from 10 p.m. to 8 a.m.; 7. Air horns, whistles, bells, and other noisemaking equipment shall not be used, except as required by United States Coast Guard regulations; 8. All outdoor lighting shall be designed, shielded, aimed, located and maintained so that the directed light shall be substantially confined to the object or area intended to be illuminated to minimize skyglow and/or glare onto adjacent properties, the shoreline, coastal waters, and coastal bluffs; 9. All trash and litter generated by the commercial activity shall be properly disposed of in a private trash receptacle; 10. All vessels in excess of twenty-five (25) feet in length shall operate within main navigational channels, as far from shore as practical, and the route of travel must be at least one hundred (100) feet from any residence; 13-13 Ordinance No. 2021 - Page 9 of 15 11. All vessels equipped with marine sanitation devices shall comply with United States Coast Guard requirements in the use of approved holding tanks for raw sewage, and dye tablets shall be installed in holding tanks during the operation of the commercial harbor activity as required by the Harbormaster; 12. All federal, state, County of Orange, and City statutes, rules, ordinances, laws and regulations shall be obeyed; 13. All required insurance naming the City of Newport Beach as an additional insured and a business license shall be maintained in full force and effect for the full term of the permit; 14. Registration/documentation for all vessels engaged in a commercial activity must be kept current and provided to the Harbormaster upon request; and 15. All signs shall comply with the applicable provisions of Title 20. 17.10.070 Insurance. Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times maintain and provide to the City proof of insurance covering its operation, naming the City as an additional insured with such policy limits and coverage as established by the City Risk Manager. Proof of insurance must clearly identify the activities and/or vessels covered. 17.10.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance, unless terminated or revoked prior. The Harbormaster may issue a permit for a shorter duration, provided the applicant meets all the requirements of this chapter for the duration of the period permitted. 17.10.090 Enforcement — Right of Entry. A. Enforcement. It shall be the duty of the Harbormaster to enforce each and all of the provisions of this title, and the Chief of Police or other authorized City employee shall render such assistance in its enforcement as may be required from time to time by the Harbormaster. B. Right of Entry. The Harbormaster and any Police Officer or City employee whose job includes the enforcement of this chapter shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. 13-14 Ordinance No. 2021 - Page 10 of 15 17.10.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either by assignment, sale, hypothecation, and operation of law or otherwise without permission of the Harbor Commission having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission may impose such conditions as it may determine are in the public interest. 17.10.110 Licenses and Fees Not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. 17.10.120 Application to Existing Commercial Activities. A. The commercial activities of those holding valid permits issued prior to March 24, 2006 may be continued to the extent authorized by the prior permit, provided the previously approved commercial activity shall not be increased or expanded beyond the activities conducted as of March 24, 2006. The holder of a permit issued under former Chapter 17.41 that applied for a renewal of the permit issued under Chapter 17.41 pursuant to the requirements of this chapter on or before December 1, 2008, shall be allowed to operate under the previously approved conditions and any condition of this chapter not inconsistent with the operations and activities authorized under the previously issued permit. A commercial activity exempt from obtaining a marine activity permit pursuant to Ordinance No. 2008-2 is a nonconforming commercial activity as of February 25, 2021 and may continue to operate without a marine activities permit but shall comply with subsections (13)(2) through (13)(15) of Section 17.10.060 (Power to Impose Conditions — Hold Harmless). A substantial change in the commercial activity as defined in subsection (B) below or noncompliance with subsections (13)(2) through (B)(15) of Section 17.10.060 shall result in loss the nonconforming commercial activity status and require a marine activities permit and full compliance with Chapter 17.10. The Harbormaster shall maintain a list of name, type and size of the commercial activity exempt as of February 25, 2021, so as to ensure any substantial change in the commercial activity is required to conform with the provisions of this chapter. B. All commercial activities covered under this Section 17.10.120 shall be deemed to meet the requirements of this chapter, or any successor chapter, for renewal purposes unless or until such time as the reviewing authority determines there is a substantial change in the commercial activity. A substantial change may include, but is not limited to, the following: 13-15 Ordinance No. 2021 - Page 11 of 15 1. An increase in or expansion of the operational characteristics of the commercial activity; 2. Change in the vessel(s) authorized to operate under the terms of the permit, which change results in an increase in size or capacity of the vessel; 3. Change in the maximum number of patrons or passengers authorized to participate in the commercial harbor activity on an authorized vessel; 4. Change in the approved off-street parking agreement(s), or loss of parking provided prior to the effective date of the ordinance codified in this title; 5. Change in the physical condition of the dock, gangway or pilings that would compromise the safety of the patrons or passengers; 6. Change in the location where the vessel(s) is berthed and/or loads and unloads patrons or passengers and/or provisions for the commercial activity; 7. Change in the approved route of travel; or 8. Failure to correct a violation of the standard conditions imposed pursuant to Section 17.10.060 or subsection (A) above. The City Manager shall determine whether there has been a substantial change in commercial activity or noncompliance resulting in loss of nonconforming commercial activity status. This determination is final and not appealable. Section 3. Section 17.70.015 (Suspension of Marine Activities Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is added to read as follows: 17.70.015 Suspension of Marine Activities Permit. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a marine activities permit issued pursuant to Chapter 17.10 (Marine Activities Permit) may be suspended as provided in this section. A. Suspensions. If any person violates any condition of the marine activities permit two (2) or more times in any twelve (12) month period or any other provision of this Code, state or federal law, two (2) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit, the permit may be suspended for a period of up to six (6) months in accordance with subsection (B). 13-16 Ordinance No. 2021 - Page 12 of 15 B. Procedure for Suspension. Permits shall be suspended in the manner provided herein. 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, state or federal law related to a marine activities permit. Such investigation may include, but is not limited to, on-site or vessel inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen (14) calendar days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing. 2. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend the marine activities permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension is consistent with the provisions of this section. If the City Manager determines there are grounds for suspension of a marine activities permit, he/she shall provide written notice of the suspension to the permittee shown on such permit, stating the grounds for the action, the length of suspension, and the effective date of the decision. The notice of decision shall be served in accordance with Section 1.05.030 within 30 calendar days of the City Manager receiving recommendations from the hearing officer. The decision of the City Manager shall be final. 3. If a marine activities permit is suspended, it shall be the marine activities permit holder's responsibility to suspend all activities related to the commercial activities during the term of the suspension. 4. After any suspension, the owner may apply for reinstatement of the marine activities permit, as provided for in Section 17.10.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and this Code. Section 4. Subsection (A)(1) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to read as follows: 13-17 Ordinance No. 2021 - Page 13 of 15 17.70.020 Grounds for Revocation of Permit. A. Grounds for Revocation. 1. General Grounds for Revocation. Except as provided in subsections (A)(2) through (4) of this section, in addition to any specific grounds for revocation of a permit provided for herein, any permit heretofore or hereafter granted for any structure, work, use or activity under and pursuant to this title may be revoked upon any of the following grounds: a. The development work, structure, use or activity has become detrimental to commerce, navigation or fishing; b. The development work, structure, use or activity is detrimental to the use, operation or development of Newport Harbor or the Pacific Ocean; C. The development work, structure, use or activity has become a source of pollution of Newport Harbor or the Pacific Ocean; d. The development work, structure, use or activity does not comply with the permit or does not meet the standards adopted for such development work or structure; e. The permittee has failed for a period of sixty (60) days to pay any rent or fee heretofore or hereafter imposed for the occupancy or use of tidelands, filled tidelands or submerged lands; f. The development work or structure has fallen into a state of disrepair; g. The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use; h. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted or provided false or misleading information on an application for a permit or renewal thereof; i. The development work, structure, use or activity violates the terms of the tidelands trust grants to the City; or j. There has been a violation of any provision of this title, state or federal law. 13-18 Ordinance No. 2021 - Page 14 of 15 Section 5. Subsection (A) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to add subsection (A) (4), which shall read as follows: 4. Grounds for Revocation of a Marine Activities Permit. A marine activities permit may be revoked upon any of the grounds set forth in subsection (A)(1) of this section or for any of the following: a. If any person violates any condition of the marine activities permit within six (6) months of having a previously suspended marine activities permit reinstated, and the violation relates in any way to a condition of the marine activities permit, b. If any person violates any condition of the marine activities permit three (3) or more times in any twelve (12) month period or any other provision of this Code, state or federal law, three (3) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit. Section 6: Except as specifically amended by this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), 15320 (changes in organization by local agencies), and 15321 (enforcement actions by regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the revisions to Title 17 set forth herein have no potential for resulting in physical change to the environment, directly or indirectly. 13-19 Ordinance No. 2021 - Page 15 of 15 Section 10: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of January, 2021, and adopted on the 26th day of January, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: RECUSED: BRAD AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE C . l , AARON C. HARP, CITY ATTORNEY 13-20 ATTACHMENT B CODE REDLINES—1.05.020(F); 17.10; 17.70.015 Section 1.05.020(F) F. In the case of administrative citations issued for violations of Chapter 5.28 [Live Entertainment Establishments]; Chapter 5.32 [Cafe Dances]; Chapter 5.95 [Short Term Lodging Permit]; Section 10.50.020(H) [violation of terms or conditions of a use permit issued by the City]; Section 14.36.030 resulting in bay or beach closure [Illicit Connections and Prohibited Discharges]; California Fire Code section 107.5 (as adopted by Code Section 9.04.010); or --California Fire Code section 107.5.1 (as adopted by Code Section 9.04.020)7; or Chapter 17.10 [Marine Activities Permitl, administrative fines shall be assessed in the following amounts when authorized by the City Manager or his or her designee: 1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation; 2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of the same ordinance or permit within one year from the date of the prior violation; 3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or any subsequent violation, within one year from the date of the prior violations. 13-21 Chatter 17.10 (Marine Activities Permit MARINE ACTIVITIES PERMIT Sections: 17.10. 0-05 Findings and Purpose. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. 17.10.025 Exemptions. 17.10.030 Application for Permit. 17.10.040 Filing Fee. 17.10.050 Issuance of Permit. 17.10.060070 Power to Impose Conditions—Hold Harmless. 17.10.070075 Insurance. 17.10.080 Duration of Permit. 17.10. 085 Enforcement—Right of Entry. 17.10.100 Transfer of Permit. 17.10.110 Licenses and Fees Not Exclusive. 17.10.120 Application to Existing Commercial Activities. 17.10. 00-5 Findings and Purpose. 13-22 A. Newport Harbor is a limited resource with an extensive existing and growing demand for marine and recreational use; B. There has been an increase in the nature and intensity of commercial activities SuGh ashaarbeF Gr�? dil11 uise? beat eRtals .end water taxi seFv+Ges occurring on the waters of Newport Harbor; C. Someofie vessels carry a number of passengers and some are owned or operated by persons who do not have a fixed base of operation on or near the bay Newport Harbc that can provide adequate boarding, parking or sanitation facilities necessary to serve their employees clients and customers; D. Commercial activities on Newport Harbor require City services which may not be paid by the patrons or passengers of commercial operators on Newport Harbor; E. Commercial aGtivityactivities on Newport Harbor ha s created an additional demand for available parking and created traffic congestion in and around the waterfront; F. This Commercial activit y ha s sometimes created a level of noise which has interfered with the right of residents, persons who own property and visitors on or near Newport Harbor to the peaceful enjoyment of their property and public areas; G. Commercial activit y, especially the mix of large craft with limited maneuverability and restricted uplands access, haves the potential to interfere with the safe navigation of fid -vessels operating on the waters of Newport Harbor; H. The requirements of the -this chapter are necessary to oromote safety in Newport Harbo minimize the traffic congestion, parking shortages, excessive noise; and speed and the discharge of waste that could result from unregulated commercial activity and to ensure safe operation within the capacity and constraints of Newport Harbor; I. The Harbor and Bay Element of the General Plan establishes an objective to preserve existing commercial uses in Newport Harbor to the extent necessary to maintain and enhance the charm and character of the harbor and to provide support services for visitors, recreational boaters and other water -dependent activities by enforcing existing ordinances and, if necessary, establish new standards for the operation of commercial activities. of entertainment, sport fishing and work beats- The Local Coastal Program establishes commercial definitions that allow for certain uses with policies established to accommodate commercial designations. J. In adopting this chapter, the City Council intends that the health, safety and welfare of those who use, enjoy and own property on or near Newport Harbor are not adversely affected by commercial activities conducted on those waters and that suitability and capability of the Newport Harbor infrastructure to accommodate future permit -dependent operations are adequately considered in permit application processes; 13-23 K. Fees and charges imposed on commercial users of Newport Harbor should recover City costs and contribute to major harbor maintenance projects (i.e., dredging); L. Leases should be used where appropriate to recover the fair market value of the use of public tidelands from holders of permits for marine commercial activities on tidelands properties; and M. To administer the use of public trust lands in a manner consistent with the tidelands trust, the California Constitution, the certified Local Coastal Program, and applicable laws. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. A. No person shall engage in any commercial activity including, but not limited to, scheduling, arranging, operatin�c. a or renting any bareboat or certified charter, vessel or equipment, on the waters of Newport Harbor without first obtaining a valid marine activities permit pursuant to this chapter. B. No person shall use a vessel to conduct a business or service including but not limited to pump out, towing, bottom cleaning, fuel delivery, and/or maintenance or repair services, on the waters of Newport Harbor without first obtaining a valid marine activities permit pursuant to this chanter. F- r,�a,evmhnr aw Van I Upitra,r r 13-24 17.10.025 • • The requirements of this chapter are not applicable to the following: A. r rficIIIr ZF ► _ 1 r • • • • e €A. Commercial activities operating pursuant to a permit issued by the Army Corps of Engineers, or a special event permit or commercial film permit issued by the City of Newport Beach; €B, ori.,ate marinas Persons operating with a commercial pier permit., lease or franchise issued by the City unless engaging in commercial activities that would otherwise require a permit pursuant to this chapter. 17.10.030 Application for Permit. An application for permit under this chapter shall be filed with the Harbormaster, upon forms provided by the City, and shall contain such information which the Harbor Commission or Harbormaster may require. 17.10.040 Filing Fee. An application or renewal of an application for a marine activities permit shall be accompanied by the fee established by resolution of the City Council. 17.10.050 Issuance of Permit. Upon receipt of a complete application for a marine activities permit, the Harbormaster shall investigate the information contained in the application. The Harbormaster shall refer the application to the Community Development Department to verify that all of the applicable provisions of Titles 20 and 2" Zoning Co regulations or conditions have 13-25 been addressed or complied with and the Public Works Department to ensure safe vehicular ingress and egress, and ✓nuiu dppncdult the safe loading and unloading of passengers and supplies. The Harbormaster may also refer the application to the Harbor Commission, or other appropriate City departments, for investigation, report or recommendation. The Harbormaster may inspect, or cause to be inspected, the vessel(s), marine sanitation device(s)ofthe vessel(s), boarding facilities, parking and all upland support facilities listed in the application. The Harbormaster shall notify an applicant of his or her decision in writing within ninety (90) days from the date on which a completed application is received. Except as provided in this section, the Harbormaster may issue the marine activities permit upon a determination that approval of the application will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near Newport Harbor. The Harbormaster shall approve the application unless: A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Harbor by members of the public, or interfere with the rights of those who own property on of 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 rentals charters and marine operations, to create a hazard to safe navigation, or otherwise interfere with the rights of others to use the waters of Newport Harbor; E. The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies for the period subject to permit. For the purpose of this section, parking shall not be considered adequate unless the number of parking spaces required by Titles 20 and 21 of this Code are provided for the duration of the permit and will be available during the days and hours of operation specified by the permit and that any off- site parking arrangements have been approved in accordance with Titles 20 and 21. by the DlonniRg COMMOSSOOn er the COMM inity Development DireGtO- e F. The commercial activity would violate City, County, State or Federal requirements of law; 13-26 G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity, where applicable does not provide uplands support, docking or boarding facilities sufficient to safely accommodate the size of vessel(s) or number of passengers indicated on the application; I. The proposed commercial activity includes an upland use that requires a use permit or other approval under the City 70niRg Godo Titles 20 and 21 and such permit has not been obtained; J. The applicant has a marine activities permit which is currently suspended or ha-s-hb- a marine activities permit that has been revoked, or there is a notice of revocation or suspension that is no longer subject to appeal has been issued within the past ninety (90) days. 17.10.060070 Power to Impose Conditions — Hold Harmless. A. In granting any permit pursuant to this chapter, the Harbormaster, or the Harbor Commission on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interests of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall defend, indemnify and hold the City, the County of Orange, and the State of California harmless from any claim for damages, penalties or fines arising out of the exercise of the permit; or the activities of the permittee carried on under the authority of such permit including attorney's fees and other costs and expenses incurred by the City. The Harbormaster or Harbor Commission, on approval or review, shall have the power to impose new conditions or modify existing conditions with regard to any permit issued pursuant to this chapter upon a determination that the operations by the permittee, in the absence of the new or modified conditions, may adversely impact the health, safety or welfare of those who use, enjoy or own property near or on the waters of Newport Harbor. B. All permits issued pursuant to this chapter are subject to the following standard conditions: 1. Adequate off-street parking shall be provided in accordance with for -Titles 20 and 21 for all employees, passengers or-- and patrons of the commercial harbor activity; 2. No passenger loading or unloading +s�shall occur at any fuel dock or public dock; 13-27 3. Passengers transported to or from the commercial harbor activity shall not be picked up from, or unloaded on, City streets.�, unless spe^ifiGally approved in writing h., the Harbermaster• s 4. All passengers and provisions shall be loaded and unloaded only from docks or piers where the abutting uplands property is commercially zoned, with proper Permits -.unless speGif Ga11"oved i��T�g, On advanGe, by the HarbermasteT 5. Music and sound from the vessel shall be controlled so as not to disturb a person of normal sensitivity at a point one hundred (100) feet from the hull of the vessel; 6. Music, live entertainment, and all forms of amplified sound are prohibited after 10 p.m.; 7. Air horns, whistles, bells, and other noisemaking equipment shall not be used, except as required by United States Coast Guard regulations; 8. All outdoor lighting shall be designed, shielded, aimed, located and maintained so that the directed light shall be substantially confined to the object or area intended to be illuminated to minimize skyglow and/or glare onto adjacent properties, the shoreline, coastal waters, and coastal bluffs; 98. All trash and litter generated by the commercial activity shall be properly disposed of in a private trash receptacle; 109. All vessels in excess of twenty-five (25) feet in length shall operate within main navigational channels, as far from shore as practical, and the route of travel must be at least one hundred (100) feet from any residence; 119. All vessels equipped with marine sanitation devices shall comply with United States Coast Guard requirements in the use of approved holding tanks for raw sewage, and dye tablets shall be installed in holding tanks during the operation of the commercial harbor activity as required by the Harbormaster; 124. All Federal, State, County and City statutes, rules, ordinances, laws and regulations shall be obeyed; 132-. All required insurance naming the City of Newport Beach as an additional insured and a business license shall be maintained in full force and effect for the full term of the permit; 149. Registration/documentation for all vessels engaged in a commercial activity must be keat current and arovided to the Harbormaster Won reauest: and 153. All signs shall comply with the applicable provisions of Title 20. 13-28 17.10.07007-15 Insurance. Persons Businesses engaging in commercial activity including but not limited to charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times maintain and provide to the City proof of insurance covering its operation, naming the City as an additional insured with such policy limits and coverage as established by the City Risk Manager. Proof of insurance must clearly identify the activities and/or vessels covered. 17.10.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance, unless terminated or revoked prior. The Harbormaster may issue a permit for a shorter duration, provided the applicant meets all the requirements of this chapter for the duration of the period -rpermitted. 17.10.090085 Enforcement — Right of Entry. A. Enforcement. It shall be the duty of the Harbormaster to enforce each and all of the provisions of this title, and the Chief of Police or other authorized City employee shall render such assistance in its enforcement as may be required from time to time by the Harbormaster. B. Right of Entry. The Harbormaster and any Police Officer or City employee whose job includes the enforcement of this chapter shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. 13-29 _. _ Air, W111' _ 13-29 17.10.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either by assignment, sale, hypothecation, and operation of law or otherwise without permission of the Harbor Commission having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission may impose such conditions as it may determine are in the public interest. 17.10.110 Licenses and Fees Not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. 17.10.120 Application to Existing Commercial Activities. The commercial activities of those holding valid permits issued prior to the effective date ref this Ghapter (March 24, 2006) may be continued to the extent authorized by the 13-30 ► r r MMI r r 1 IN 1 NOW 11111 011 ®R ONNIN 1100-0,11, ► _ r r 100 1111111111. 17.10.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either by assignment, sale, hypothecation, and operation of law or otherwise without permission of the Harbor Commission having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission may impose such conditions as it may determine are in the public interest. 17.10.110 Licenses and Fees Not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. 17.10.120 Application to Existing Commercial Activities. The commercial activities of those holding valid permits issued prior to the effective date ref this Ghapter (March 24, 2006) may be continued to the extent authorized by the 13-30 prior permit, provided the previously approved commercial activity shall not be increased or expanded beyond the activities conducted as of March 24, 2006. , the effective gate 0 this Ghapter, adopted by OrdinonGe No. 2006 3 § 2 /north. The holder of a permit issued under former Chapter 17.41 (repealed effonti„o Marnh 2006) shall apply that applied for a renewal of the permit issued under Chapter 17.41 as Fequirorl h„ pursuant to the requirements of this chapter on or before December 1, 2008, aPA-shall be issued o permit i Rder this Ghon+or allowed to operate under the previously approved conditions and any condition of this chapter not inconsistent with the operations and activities authorized under the previously issued permit. A commercial activity exempt from obtaining a marine activity permit pursuant to Ordinance No. 2008-2 is a nonconforming commercial activity as of February 25, 2021 and may continue to operate without a marine activities permit but shall comply with subsections (B)(2) through (B)(15) of Section 17.10.060 (Power to Impose Conditions — Hold Harmless). A substantial change in the commercial activity as defined in subsection (B) below or noncompliance with subsections (B)(2) through (B)(15) of Section 17.10.060 shall result in loss the nonconforming commercial activity status and require a marine activities permit and full compliance with Chapter 17.10. The Harbormaster shall maintain a list of name, type and size of the commercial activity exempt as of February 25, 2021, so as to ensure any substantial change in the commercial activity is required to conform with the provisions of this chapter. B. Allrnaronecommercial activities covered normito icci nor! under this sect+en Section 17.10.120 shall be deemed to meet the requirements of this chapter, or any successor chapter, for renewal purposes unless or until such time as the reviewing authority Harbormaster or the Harbor Cornmossmon determines there is a substantial change in the commercial activity. A substantial change may include, but is not limited to, the following: Al. An increase in or expansion of the operational characteristics of the commercial activity; 92. Change in the vessel(s) authorized to operate under the terms of the permit, which change results in an increase in size or capacity of the vessel; C3. Change in the maximum number of patrons or passengers authorized to participate in the commercial harbor activity on an authorized vessel; 04. Change in the approved off-street parking agreement(s), or loss of parking provided prior to the effective date of the ordinance codified in this title; €5. Change in the physical condition of the dock, gangway or pilings that would compromise the safety of the patrons or passengers; 13-31 F-6. Change in the location where the vessel(s) is berthed and/or loads and unloads patrons or passengers and/or provisions for the commercial activity; G7. Change in the approved route of travel; or #8. Failure to correct a violation of the standard conditions imposed pursuant to Section 7.10�&)17.10.060. The City Manager shall determine whether there has been a substantial change in commercial activity or noncompliance resulting in loss of nonconforming commercial activity status. This determination is final and not appealable. 13-32 Section 17.70.015 (Susaension of Marine Activities Permit 17.70.015 Suspension of Marine Activities Permit. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a marine activities permit issued pursuant to Chapter 17.10 may be suspended as provided in this section. A. Suspensions. 1. If any person violates any condition of the marine activities permit two (2) more times in any twelve (12) month period or any other provision of this Code, state or federal law, two (2) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit, the permit may be suspended for a period of six (6) months in accordance with subsection (B). 2. If anv person violates anv condition of the marine activities aermit within six (6) months of having a previously suspended marine activities permit reinstated, and the violation relates in any way to a condition of the marine activities permit, the permit may be revoked in accordance with Section 17.70.020. 3. If any person violates any condition of the marine activities permit three (3) or more times in any twelve (12) month period or any other provision of this Code, state or federal law, three (3) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit, the permit may be revoked in accordance with Section 17.70.020. 4. If any person is determined to have provided false information on an application for marine activities permit, or renewal thereof, the marine activities permit may be revoked in accordance with Section 17.70.020. B. Procedure for Suspension. Permits shall be suspended in the manner provided herein. 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on- site or vessel inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030. directina the permittee to 13-33 appear at the date, time and place for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended within fifteen (15) calendar days from the date the notice is given. 2. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend the marine activities permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) calendar days of the hearing and the decision shall be final. 3. If a marine activities aermit is susaended. it shall be the marine activities permit holder's responsibility to suspend all activities related to the marine activities during the term of the suspension. 4. After any suspension, the owner may apply for reinstatement of the marine activities permit provided the owner has paid the City all amounts owed the City in accordance with this chapter and this Code. 13-34 Section 17.70.020 (A)(1)(k) (Grounds for Revocation of Permit 17.70.020 Grounds for Revocation of Permit. A. Grounds for Revocation. 1. General Grounds for Revocation. Except as provided in subsections (A)(2) and (3) of this section, in addition to any specific grounds for revocation of a permit provided for herein, any permit heretofore or hereafter granted for any structure, work, use or activity under and pursuant to this title may be revoked upon any of the following grounds: 1. General Grounds for Revocation. Except as provided in subsections (A)(2) and (3) of this section, in addition to any specific grounds for revocation of a permit provided for herein, any permit heretofore or hereafter granted for any structure, work, use or activity under and pursuant to this title may be revoked upon any of the following grounds: a. The development work, structure, use or activity has become detrimental to commerce, navigation or fishing; b. The development work, structure, use or activity is detrimental to the use, operation or development of Newport Harbor or the Pacific Ocean; c. The development work, structure, use or activity has become a source of pollution of Newport Harbor or the Pacific Ocean; d. The development work, structure, use or activity does not comply with the permit or does not meet the standards adopted for such development work or structure; e. The permittee has failed for a period of sixty (60) days to pay any rent or fee heretofore or hereafter imposed for the occupancy or use of tidelands, filled tidelands or submerged lands; f. The development work or structure has fallen into a state of disrepair; g. The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use; h. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted or provided false or misleading information which was not known at the time in obtaining a permit; 13-35 The development work, structure, use or activity violates the terms of the tidelands trust grants to the City; j. There has been a violation of any provision of this title, State or Federal law,.. or k. As provided in Section 17.70.015 related to a marine activities permit. 13-36