HomeMy WebLinkAbout13 - Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the NBMC and Other Related Provisions - PowerPointJanuary 12, 2021
Marina Activities Permits - Proposed Amendments Item No. 13
17.10.120.A Application to Existing Commercial Activities.
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 (6)(2) through (13)(1 5) of Section 17.10.060 (Power to Impose Conditions —
Hold Harmless). A4 substantial change in the commercial activity as defined in subsection
{B} below or noncompliance with subsections (13)(2) through (13)(1 ) of Section 17.10.000
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 Gf-that includes the name, type and size of the commercial activity exempt as of
February 25, 2021, so as to ensure any substantial change in the commercial activity is
required to conform with the provisions of this chapter.
17.10.120.6
The City Manager Harbormaster shall investigate and determine whether there
has been a substantial change in commercial activity or noncompliance resulting in lass
of nonconforming commercial activity status. In the event the Harbormaster's
investigation determines there has been a substantial change in commercial activity or
noncompliance resulting in the lass of nonconforming commercial activity status, the
Harbormaster shall issue a written notice of termination of nonconforming status, which
sets forth the basis for the Harbormaster's decision. The notice of termination shall be
served on the operator in accordance with Section 1.08.080. This de-termonatinn final
and not appealahln
17.10.070 Insurance.
Persons 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. The Risk Manager shall issue a written notice of determination of the policy limits and
coverage, which shall be served in accordance with Section 1.08.080. Proof of insurance must
clearly identify the activities and/or vessels covered.
17.65.010 Authorization.
The purpose of this chapter is to provide procedures for the appeal or call for review of the
decisions of the Public Works Director, the Community Development Director, Risk Manager
Harbormaster and Harbor Commission under this title.
A. Decisions of the Public Works Director, Community Development Director, Risk Manager,
and/or Harbormaster resulting from his or her administration of this title may be appealed to
the Harbor Commission by any interested person.