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HomeMy WebLinkAbout03 - Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the NBMC and Other Related ProvisionsQ SEW Pp�T CITY OF z NEWPORT BEACH c<,FORN'P City Council Staff Report January 26, 2021 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Carol Jacobs, Assistant City Manager - 949-644-3313, cjacobs@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager PHONE: 949-644-3313 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 City Council approved the first reading of Ordinance No. 2021-3 amending Title 17, Chapter 17.10 (Marine Activities Permits) and other related provisions. This action would approve the proposed changes. In addition, for the City Council's review are the four industry -specific Marine Activities Permit Applications. 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; b) Conduct second reading and adopt 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; and c) Receive and file the Marine Activities Permit industry specific applications. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Harbor Commission has reviewed and the City Council approved changes to Title 17, Chapter 17.10 (Marine Activities Permit) and an amendment to fines at their January 12, 2021. Attachment A is Ordinance No. 2021-3 for final approval. At the City Council meeting several minor changes were approved to the ordinance, which include: changes to 17.10.120, clarifying language that the Harbormaster shall maintain a list of existing commercial activities that include name, type, and size of commercial activity; clarification that a substantial change in business activities of existing commercial activities shall be appealable (17.10.120 B); and the Risk Manager shall provide written notice of determination regarding insurance requirements, 17.10.070 and 17.65.010. 3-1 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 26, 2021 Page 2 There are four types of Marine Activity Permit applications, which include: 1) Charter Vessel Rentals, 2) On -water Service Providers, 3) Human Powered Rentals, and 4) Wind, Electric, and Fuel Powered Vessel Rentals (Attachments B through E). 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 — Charter Vessel Rentals Attachment C — On -Water Service Providers Attachment D — Human Powered Rentals Attachment E — Wind, Electric and Fuel Powered Vessel Rentals 3-2 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; 3-3 Ordinance No. 2021-3 Page 2 of 16 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. esignee: 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; 3-4 Ordinance No. 2021-3 Page 3 of 16 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; 3-5 Ordinance No. 2021-3 Page 4 of 16 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 3-6 Ordinance No. 2021-3 Page 5 of 16 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. 3-7 Ordinance No. 2021-3 Page 6 of 16 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; M Ordinance No. 2021-3 Page 7of16 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. 3-9 Ordinance No. 2021-3 Page 8 of 16 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; 3-10 Ordinance No. 2021-3 Page 9 of 16 11. All vessels equipped with marine sanitation devices shall comply with United States Coast Guard requirements in the use of approved holding tanks for raw sewage, and dye tablets shall be installed in holding tanks during the operation of the commercial harbor activity as required by the Harbormaster; 12. All federal, state, County of Orange, and City statutes, rules, ordinances, laws and regulations shall be obeyed; 13. All required insurance naming the City of Newport Beach as an additional insured and a business license shall be maintained in full force and effect for the full term of the permit; 14. Registration/documentation for all vessels engaged in a commercial activity must be kept current and provided to the Harbormaster upon request; and 15. All signs shall comply with the applicable provisions of Title 20. 17.10.070 Insurance. Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times maintain and provide to the City proof of insurance covering its operation, naming the City as an additional insured with such policy limits and coverage as established by the City Risk Manager. The Risk Manager shall issue a written notice of determination of the policy limits and coverage, which shall be served in accordance with Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels covered. 17.10.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance, unless terminated or revoked prior. The Harbormaster may issue a permit for a shorter duration, provided the applicant meets all the requirements of this chapter for the duration of the period permitted. 17.10.090 Enforcement — Right of Entry. A. Enforcement. It shall be the duty of the Harbormaster to enforce each and all of the provisions of this title, and the Chief of Police or other authorized City employee shall render such assistance in its enforcement as may be required from time to time by the Harbormaster. 3-11 Ordinance No. 2021-3 Page 10 of 16 B. Right of Entry. The Harbormaster and any Police Officer or City employee whose job includes the enforcement of this chapter shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. 17.10.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either by assignment, sale, hypothecation, and operation of law or otherwise without permission of the Harbor Commission having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission may impose such conditions as it may determine are in the public interest. 17.10.110 Licenses and Fees Not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. 17.10.120 Application to Existing Commercial Activities. A. The commercial activities of those holding valid permits issued prior to March 24, 2006 may be continued to the extent authorized by the prior permit, provided the previously approved commercial activity shall not be increased or expanded beyond the activities conducted as of March 24, 2006. The holder of a permit issued under former Chapter 17.41 that applied for a renewal of the permit issued under Chapter 17.41 pursuant to the requirements of this chapter on or before December 1, 2008, shall be allowed to operate under the previously approved conditions and any condition of this chapter not inconsistent with the operations and activities authorized under the previously issued permit. A commercial activity exempt from obtaining a marine activity permit pursuant to Ordinance No. 2008-2 is a nonconforming commercial activity as of February 25, 2021 and may continue to operate without a marine activities permit but shall comply with subsections (13)(2) through (13)(15) of Section 17.10.060 (Power to Impose Conditions — Hold Harmless). A substantial change in the commercial activity as defined in subsection (B) below or noncompliance with subsections (13)(2) through (13)(15) of Section 17.10.060 shall result in loss the nonconforming commercial activity status and require a marine activities permit and full compliance with Chapter 17.10. The Harbormaster shall maintain a list that includes the name, type and size of the commercial activity exempt as of February 25, 2021, so as to ensure any substantial change in the commercial activity is required to conform with the provisions of this chapter. 3-12 Ordinance No. 2021-3 Page 11 of 16 B. All commercial activities covered under this Section 17.10.120 shall be deemed to meet the requirements of this chapter, or any successor chapter, for renewal purposes unless or until such time as the reviewing authority determines there is a substantial change in the commercial activity. A substantial change may include, but is not limited to, the following: 1. An increase in or expansion of the operational characteristics of the commercial activity; 2. Change in the vessel(s) authorized to operate under the terms of the permit, which change results in an increase in size or capacity of the vessel, 3. Change in the maximum number of patrons or passengers authorized to participate in the commercial harbor activity on an authorized vessel; 4. Change in the approved off-street parking agreement(s), or loss of parking provided prior to the effective date of the ordinance codified in this title; 5. Change in the physical condition of the dock, gangway or pilings that would compromise the safety of the patrons or passengers; 6. Change in the location where the vessel(s) is berthed and/or loads and unloads patrons or passengers and/or provisions for the commercial activity; 7. Change in the approved route of travel; or 8. Failure to correct a violation of the standard conditions imposed pursuant to Section 17.10.060 or subsection (A) above. The Harbormaster shall investigate and determine whether there has been a substantial change in commercial activity or noncompliance resulting in loss of nonconforming commercial activity status. In the event the Harbormaster's investigation determines there has been a substantial change in commercial activity or noncompliance resulting in the loss of nonconforming commercial activity status, the Harbormaster shall issue a written notice of termination of nonconforming status, which sets forth the basis for the Harbormaster's decision. The notice of determination shall be served on the operator in accordance with Section 1.08.080. Section 3: Section 17.65.010 (Authorization) of Chapter 17.65 (Appeals or Calls for Review) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to read as follows: 3-13 Ordinance No. 2021-3 Page 12 of 16 17.65.010 Authorization. The purpose of this chapter is to provide procedures for the appeal or call for review of the decisions of the Public Works Director, the Community Development Director, Risk Manager, Harbormaster and Harbor Commission under this title. A. Decisions of the Public Works Director, Community Development Director, Risk Manager, and/or Harbormaster resulting from his or her administration of this title may be appealed to the Harbor Commission by any interested person. B. Decisions of the Harbor Commission may be appealed to the City Council by any interested person. C. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions resulting from the Public Works Director, Community Development Director and/or Harbormaster's administration of this title. The purpose of the call for review is to bring the matter in front of the entire body for review. D. A member of the City Council, acting in their official capacity, may call for review, to the City Council, decisions of the Harbor Commission. The purpose of the call for review is to bring the matter in front of the entire body for review. Section 4: Section 17.70.015 (Suspension of Marine Activities Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is added to read as follows: 17.70.015 Suspension of Marine Activities Permit. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a marine activities permit issued pursuant to Chapter 17.10 (Marine Activities Permit) may be suspended as provided in this section. A. Suspensions. If any person violates any condition of the marine activities permit two (2) or more times in any twelve (12) month period or any other provision of this Code, state or federal law, two (2) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit, the permit may be suspended for a period of up to six (6) months in accordance with subsection (B). B. Procedure for Suspension. Permits shall be suspended in the manner provided herein. 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, state or federal law related to a marine activities permit. Such investigation may include, but is not limited to, on-site or vessel inspections. Should the investigation reveal substantial evidence to 3-14 Ordinance No. 2021-3 Page 13 of 16 support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen (14) calendar days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing. 2. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend the marine activities permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension is consistent with the provisions of this section. If the City Manager determines there are grounds for suspension of a marine activities permit, he/she shall provide written notice of the suspension to the permittee shown on such permit, stating the grounds for the action, the length of suspension, and the effective date of the decision. The notice of decision shall be served in accordance with Section 1.05.030 within 30 calendar days of the City Manager receiving recommendations from the hearing officer. The decision of the City Manager shall be final. 3. If a marine activities permit is suspended, it shall be the marine activities permit holder's responsibility to suspend all activities related to the commercial activities during the term of the suspension. 4. After any suspension, the owner may apply for reinstatement of the marine activities permit, as provided for in Section 17.10.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and this Code. Section 5: Subsection (A)(1) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to read as follows: 17.70.020 Grounds for Revocation of Permit. A. Grounds for Revocation. 1. General Grounds for Revocation. Except as provided in subsections (A)(2) through (4) of this section, in addition to any specific grounds for revocation of a permit provided for herein, any permit heretofore or hereafter granted for any 3-15 Ordinance No. 2021-3 Page 14 of 16 structure, work, use or activity under and pursuant to this title may be revoked upon any of the following grounds.- a. rounds: a. The development work, structure, use or activity has become detrimental to commerce, navigation or fishing; b. The development work, structure, use or activity is detrimental to the use, operation or development of Newport Harbor or the Pacific Ocean; C. The development work, structure, use or activity has become a source of pollution of Newport Harbor or the Pacific Ocean; d. The development work, structure, use or activity does not comply with the permit or does not meet the standards adopted for such development work or structure; e. The permittee has failed for a period of sixty (60) days to pay any rent or fee heretofore or hereafter imposed for the occupancy or use of tidelands, filled tidelands or submerged lands; f. The development work or structure has fallen into a state of disrepair; g. The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use; h. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted or provided false or misleading information on an application for a permit or renewal thereof; i. The development work, structure, use or activity violates the terms of the tidelands trust grants to the City; or j. There has been a violation of any provision of this title, state or federal law. Section 6: Subsection (A) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 (Harbor Code) of the Newport Beach Municipal Code is amended to add subsection (A) (4), which shall read as follows: 4. Grounds for Revocation of a Marine Activities Permit. A marine activities permit may be revoked upon any of the grounds set forth in subsection (A)(1) of this section or for any of the following: 3-16 Ordinance No. 2021-3 Page 15 of 16 a. If any person violates any condition of the marine activities permit within six (6) months of having a previously suspended marine activities permit reinstated, and the violation relates in any way to a condition of the marine activities permit, b. If any person violates any condition of the marine activities permit three (3) or more times in any twelve (12) month period or any other provision of this Code, state or federal law, three (3) or more times in any twelve (12) month period, and the violation relates in any way to a condition of the marine activities permit. Section 7: Except as specifically amended by this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 8: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 9: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 10: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), 15320 (changes in organization by local agencies), and 15321 (enforcement actions by regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the revisions to Title 17 set forth herein have no potential for resulting in physical change to the environment, directly or indirectly. Section 11: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. 3-17 Ordinance No, 2021-3 Page 16 of 16 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of January, 2021, and adopted on the 26th day of January, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: RECUSED: BRAD AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE ITY ATTORNEY'S OFFICE at,,, c ffci�_ AARON C. HARP, CITY ATTORNEY 3-18 ATTACHMENT B MARINE ACTIVITIES PERMIT CHARTER VESSELS — FOOD & BEVERAGE SERVICE Permit No.: 2021 - Permittee Name: Address: Telephone No.: Email Address: Permit Period: to Business License No.: Expiration Date: Insurance Expiration: Permitted Operations: Boarding Location: Parking Location(s) & Number of Spaces: Permitted Vessel: Maximum Passengers & Crew Allowed: Permitted Vessel: (if MAP covers more than 1 vessel) Maximum Passengers & Crew Allowed: (if MAP covers more than 1 vessel) This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach, ("City"), authorizing Permittee to conduct the Permitted Operations on the waters of Newport Harbor subject to the following conditions and restrictions: 1. This Marine Activities Permit is only valid for the dates. Permitted Vessel(s Parking and Boarding Location(s) indicated above, and may be suspended or revoked if the Permitted Operations are not strictly adhered to or if the business license and/or insurance documents should exaire. 2. Permittee shall comply with all the terms and conditions of the Zoning Clearance Letter dated Standard Conditions (Required per NBMC Section 17.10.0908) 3. Permittee shall provide a parking plan in conformance with off-street parking requirements and shall require all staff and passengers or patrons of the Permitted Operation to conform to the parking plan as approved by the City. 10/14/2020 3-19 4. Permittee shall provide adequate direction via maps and/or staff to ensure that passengers park only at the Parking Location(s) listed above. rr Passengers transported to / from the Boarding Location shall not be picked up from, or unloaded on, City streets unless specifically approved in writing by the City. 6. All boarding of passengers and provisions shall occur only at the Boarding Location(s) listed above. No boarding of passengers or provisions shall occur at any public, residential or fuel dock. 7. Permittee shall actively control any noise or unlawful conduct by passengers and staff on the Permitted Vessel(s), at the Boarding Location and Parking Location(s), and adjacent properties. 8. Music and sound from the Permitted Vessel(s) shall be controlled so as not to disturb a person of normal sensitivity at a point 100 feet from the Permitted Vessel(s). 9. Amplified music and sound shall not be audible beyond the Permitted Vessel(s) while at the dock. 10. Music, live entertainment and all forms of amplified sound are prohibited after 10:00 p.m. 11.Air horns, whistles, bells and/or any other noisemaking equipment shall not be used except as required by Coast Guard regulations. 12.While cruising in the Harbor, the Permitted Vessel(s) shall not set anchor or raft -up to other vessels. 13.All trash and litter generated by the use of the Permitted Vessel(s) shall be properly disposed of in private trash receptacles of sufficient size and number to accommodate the refuse and in compliance with State law. 14.The Permitted Vessel(s) shall operate as far from shore as practical. When navigating in the main channels, the route of travel must be at least 100 feet from any residence. 15.The Permitted Vessel(s) shall be berthed in compliance with the applicable City regulations. 16.A correct copy of this MAP shall be kept on board the Permitted Vessel(s) listed above whenever passengers are on board. 17.All required insurance naming the City as additionally insured shall be maintained in force and effect for the entire term of this MAP. 18.A business license is required and must be kept at the permittee's principal place of business at all times. 19.All signs and outdoor storage and displays shall comply with the applicable provisions of Title 20 of the Newport Beach Municipal Code. 10/14/2020 3-20 20.All Federal, State, County and City statutes, rules, ordinances, codes, laws and regulations, specifically including Chapter 17.10 of the Newport Beach Municipal Code shall be obeyed. Operator Specific Conditions 21. No use of spotlights other than for legitimate navigational purposes. 22. The Permitted Vessels must be clearly marked with a business name or other identifying marking, approved by the Harbormaster. 23. Permittee shall provide the Harbor Department with an emergency contact number. 24.The Permitted Vessels must be equipped with a Coast Guard approved, personal flotation devices of appropriate size and number for the passengers(s). 25.The Permitted Vessels must comply with all applicable Coast Guard regulations, including those standards governing lifesaving equipment, firefighting equipment, and the number of passengers permitted on board the Permitted Vessel. 26. Permittee shall provide a monthly charter schedule to the Harbor Department. 27. Permittee must keep accurate headcount records of all passengers for all charters and records shall be made available upon request. 28. Permittee is responsible for paying a passenger tax to the City after receiving an invoice from the Finance Department. The City reserves the right to audit the passenger count with notice to the Permittee. 29.The Permitted Vessel shall not be serviced or resupplied at a residential location. 30. If the Permitted Vessel is located in a marina, all vessels shall be arranged in such a manner that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels (NBMC Section 9.04.400). 31. If alcohol service is to be provided, Permittee must obtain all required permits and approvals from the City's Community Development Department and the California Department of Alcohol Beverage Control. 32.All managers and servers shall attend Responsible Beverage Service (RBS) Training offered by the California Department of Alcoholic Beverage Control. 33. Permittee shall maintain a log documenting the use of pump -out facilities at their approved boarding location or service by a licensed liquid waste hauler. The discharge log shall be available for inspection by the Harbormaster at all reasonable hours and upon request. 10/14/2020 3-21 34. Newport Harbor is a zero discharge harbor. As such, the discharge of grey water, black water, sewage, trash, or any other pollutant into the Harbor will result in the immediate suspension and/or revocation of this permit. 35. Permittee shall not allow the release of any balloons from the vessel(s) listed above and balloons are only permitted in locations that are completely enclosed. Mylar balloons are not permitted. 36.All vessel(s) shall be equipped with properly sized and fully operational marine sanitation devices adequate in size for said vessel(s) and said marine sanitation devices shall comply with all United States Coast Guard requirements. Dye tablets shall be placed in the holding tank(s) of the marine sanitation devices prior to the vessel(s) leaving the Boarding Location when passengers are on board. 37.This MAP may be suspended or revoked at any time pursuant to the provisions contained in Municipal Code Section 17.10.090. 38.Any change in the Permitted Operations shall require an amendment to this MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of the City Municipal Code. 39.To the fullest extent permitted by law, Permittee shall indemnify, defend and old harmless the County of Orange, ("County"), its Board of Supervisors, City, its City Councilmembers, its Boards and Commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses judgments fines, penalties, liabilities, costs and expenses, (including without limitation, attorney's fees, disbursements and court costs), of every kind and nature whatsoever which may arise from or in any manner relate directly or indirectly to the approval of this MAP by City; and/or any related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, damages awarded against County or City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or other proceeding whether incurred by Permittee, County, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify County and City for all of County's and City's costs, fees and damages which County or City incurs in enforcing the indemnification provisions set forth in this MAP. Permittee shall pay to County and/or City upon demand any amount owed to County or City pursuant to the indemnification requirements prescribed in this condition. 40. If any single condition of the MAP is deemed invalid, all other conditions remain in effect. 10/14/2020 3-22 Additional Conditions — DELETE AND ADD AS NESSARY 41.Charters shall be limited to Vessel(s) unless additional off-street parking is secured and approved by the Community Development Department through a zoning clearance letter. 42. No more than passengers and staff of Permittee may be on the water at any given time unless additional parking spaces are secured and approved by the Community Development Director. Permittee acknowledges that he/she/it has read and understands and agrees to comply with the conditions and restrictions listed above The Harbormaster, Harbor Commission or City Council, on review, shall have the power to impose new conditions and restrictions or modify existing conditions and restrictions upon determination that the operations by Permittee, in the absence of said new conditions or restrictions, are not compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interest of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interest of the general public. City is the grantee of all Tides and Submerged Lands bayward of the actual or adjudicated line of mean high tide. The issuance of this MAP shall not be considered a waiver of City's right or authority with respect to any Tide or Submerged Lands which Permittee uses to conduct the Permitted Operations pursuant to this MAP. City hereby expressly reserves the right to administer such Tide and Submerged Lands as it sees fit, including, without limitation, the right to propose, require and approve a lease, franchise or long term license as a condition to continued use and occupation of the Tide and Submerged Lands. Permittee also understands that a violation of any of the conditions and restrictions contained herein or any misrepresentation of material facts in Permittee's application shall result in the suspension or revocation of this MAP, and the denial of any future MAP applications and/or prosecution or use of any of the administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04 and 1.05. PERMITTEE: Permittee's Authorized Signature: 10/14/2020 3-23 Print Signatories Name: Date: Harbormaster's Signature: Date: 10/14/2020 3-24 ATTACHMENT C MARINE ACTIVITIES PERMIT COMPANIES PROVIDING SERVICES ON THE WATERS OF NEWPORT HARBOR Permit No.: 2020 - Permittee Name: Address: Telephone No.: Email Address: Permit Period: to Business License No.: Expiration Date: Insurance Expiration: Permitted Operations: Berthing Location(s): Parking Location(s) & Number of Spaces: Vessels (number & type): This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach, ("City"), authorizing Permittee to conduct the Permitted Operations on the waters of Newport Harbor subject to the following conditions and restrictions: 1. This Marine Activities Permit is only valid for the dates, vessel(s), Parking and Berthing Location(s) indicated above, and may be suspended or revoked if the Permitted Operations are not strictly adhered to or if the business license and/or insurance documents should expire. 2. Permittee shall comply with all the terms and conditions of the Zoning Clearance Letter dated July XX, 2020. Standard Conditions (Required per NBMC Section 17.10.0908) 10/14/2020 3-25 3. Adequate off-street parking shall be provided for all staff of the commercial harbor activity. All staff shall park at the Parking Location(s) only. 4. Provisions, tools, parts, equipment, etc. shall be loaded and unloaded only from docks or piers where the abutting uplands property is commercially zoned, unless specifically approved in writing, in advance, by the Harbormaster. 5. No provision loading and unloading shall occur at any public, residential dock or fuel dock (unless the vessel transports fuel and is berthed at the fuel dock). 6. All boarding of vessels shall occur only at the Berthing Location(s) listed above. No boarding of any vessel shall occur at any public, residential or fuel dock, (unless the vessel transports fuel and is berthed at the fuel dock). 7. All vessel(s) shall be equipped with a personal flotation device for each person aboard, running lights, (if operated within 1 hour before dusk and 1 hour after dawn), and a sounding device in accordance with all United States Coast Guard requirements. 8. Music and sound from the vessel(s) shall be controlled so as not to disturb a person of normal sensitivity at a point one hundred (100) feet from the vessel(s). 9. Air horns, whistles, bells and other noisemaking equipment shall not be used except as required by Coast Guard regulations. 10.All trash and litter generated by the Permittee shall as allowed herein shall be properly disposed of in private trash receptacles of sufficient size and number. 11.All oil, antifreeze and other environmentally sensitive substances shall be properly disposed of at a recycling center. 12.All required insurance naming the City as additionally insured shall be maintained in full force and effect for the entire term of this MAP. 13.A business license is required and must be kept at Permittee's principal place of business at all times. 14.All signs and outdoor storage and displays shall comply with the applicable provisions of Title 20 of the Newport Beach Municipal Code. 15.A correct copy of this MAP shall be kept at Permittee's principal place of business. 16.All Federal, State, County and City statutes, rules, ordinances, laws and regulations, including Chapter 17.10 of the Newport Beach Municipal Code, shall be obeyed. OPERATOR SPECIFIC CONDITIONS 10/14/2020 3-26 17. Noise- Permittee while engaged in the maintenance of real property, vessels or moorings, shall not operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, except between the hours of seven a.m. and six -thirty p.m., Monday through Friday, nor on any Saturday, except between the hours of eight a.m. and six p.m. 18. Noise- Permittee, while engaged in the maintenance of real property, vessels or moorings, shall not operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. 19. Newport Harbor is a zero discharge harbor. As such, the discharge of any pollutants including oil, antifreeze, and other environmentally sensitive products into the harbor is prohibited and will result in the immediate suspension and/or revocation of this permit. 20. No use of spotlights other than for navigational purposes. 21.All vessels must be clearly marked with a business name or other identifying marking, approved by the Harbormaster. 22. No commercial activity shall be conducted on any public beach, dock, or property. 23.Vessels shall not be stored on any public beach, public dock, or other public property. 24.Vessel(s) shall be berthed in compliance with all applicable Newport Beach regulations. 25.Vessels shall not be serviced or resupplied at residential locations. 26. Permittee is required to purchase an annual blue pole parking pass for all employees. 27. Permittee is required to obtain a permit prior to using the Rhine Wharf Dock for the loading/unloading of supplies. 28.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; 29. Permittee shall maintain a log documenting the use of pump -out facilities or service by a licensed liquid waste hauler. The discharge log shall be available for inspection by the Harbormaster at all reasonable hours and upon request. 30.This MAP may be suspended or revoked at any time pursuant to the provisions contained in Municipal Code Section 17.10.090. 10/14/2020 3-27 31.Any change in the Permitted Operations shall require an amendment to this MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of the City Municipal Code. 32.To the fullest extent permitted by law, Permittee shall indemnify, defend and old harmless the County of Orange, ("County"), its Board of Supervisors, City, its City Councilmembers, its Boards and Commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses judgments fines, penalties, liabilities, costs and expenses, (including without limitation, attorney's fees, disbursements and court costs), of every kind and nature whatsoever which may arise from or in any manner relate directly or indirectly to the approval of this MAP by City; and/or any related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, damages awarded against County or City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or other proceeding whether incurred by Permittee, County, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify County and City for all of County's and City's costs, fees and damages which County or City incurs in enforcing the indemnification provisions set forth in this MAP. Permittee shall pay to County and/or City upon demand any amount owed to County or City pursuant to the indemnification requirements prescribed in this condition. 33. If any single condition of the MAP is deemed invalid, all other conditions remain in effect. Permittee acknowledges that he/she/it has read and understands and agrees to comply with the conditions and restrictions listed above Initialed by Permittee The Harbormaster, Harbor Commission or City Council, on review, shall have the power to impose new conditions and restrictions or modify existing conditions and restrictions upon determination that the operations by Permittee, in the absence of said new conditions or restrictions, are not compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interest of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interest of the general public. 10/14/2020 3-28 City is the grantee of all Tides and Submerged Lands bayward of the actual or adjudicated line of mean high tide. The issuance of this MAP shall not be considered a waiver of City's right or authority with respect to any Tide or Submerged Lands which Permittee uses to conduct the Permitted Operations pursuant to this MAP. City hereby expressly reserves the right to administer such Tide and Submerged Lands as it sees fit, including, without limitation, the right to propose, require and approve a lease, franchise or long term license as a condition to continued use and occupation of the Tide and Submerged Lands. Permittee also understands that a violation of any of the conditions and restrictions contained herein or any misrepresentation of material facts in Permittee's application result in, suspension or revocation of this permit, the denial of any future MAP applications and/or prosecution for violation of law or use of any of the administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04 and 1.05. Permittee's Authorized Signature: Print Signatories Name: Date: Harbormaster's Signature: Date: 10/14/2020 3-29 ATTACHMENT D MARINE ACTIVITIES PERMIT COMPANIES RENTING HUMAN POWERED VESSELS Permit No.: 2021 - Permittee Name: Address: Telephone No.: Email Address: Permit Period: to Business License No.: Expiration Date: Insurance Expiration: Permitted Operations: Launching Location: Parking Location(s) & Number of Spaces: Vessels (number & type): This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach, ("City"), authorizing Permittee to conduct the Permitted Operations on the waters of Newport Harbor subject to the following conditions and restrictions: 1. This Marine Activities Permit is only valid for the dates. vessel(s). Parkina and Launching Location(s) indicated above, and may be suspended or revoked if the Permitted Operations are not strictly adhered to or if the business license and/or insurance documents should expire. 2. Permittee shall comply with all the terms and conditions of the Zoning Clearance Letter dated Standard Conditions (Required per NBMC Section 17.10.0908) 3. Adequate off-street parking at the Parking Location(s) shall be provided for all staff and patrons of the commercial harbor activity. 10/14/2020 3-30 4. Permittee shall provide adequate direction via maps and/or staff to insure that patrons park only at the Parking Location(s) listed above. 5. Patrons of Permittee transported to / from the commercial harbor activity shall not be picked up from, or unloaded on, City streets unless specifically approved in writing by the City. 6. All launching of vessels shall occur only at the Launching Location(s) listed above. 7. No launching of any vessel shall occur at any public, residential or fuel dock. This condition does not prohibit patrons from using a public dock(s) for any lawful purpose. 8. Permittee shall advise its customers in writing of all relevant City, State, and Federal laws, including those pertaining to noise, trash, public intoxication, safe boating practices, and water quality. 9. Permittee shall actively control any noise or unlawful conduct by patrons on the vessel(s), boarding and parking locations, and adjacent properties. 10. Music and sound from the vessel(s) shall be controlled so as not to disturb a person of normal sensitivity at a point 100 feet from the vessel(s). 11.Air horns, whistles, bells and/or any other noisemaking equipment shall not be used except as required by Coast Guard regulations. 12.All trash and litter generated by the use of the vessel(s) as allowed herein shall be properly disposed of in private trash receptacles of sufficient size and number to accommodate all trash and litter generated by patrons. Permittee shall advise its customers to operate the vessel outside of the main navigational channels and as close to the shore as practical. 14.A correct copy of this MAP shall be kept at Permittee's principal place of business. 15.All required insurance naming City as an additional insured shall be maintained in full force and effect for the full term of this MAP. 16.A business license is required and must be kept at the permittee's principal place of business at all times. 17.All signs and outdoor storage and displays shall comply with the applicable provisions of Title 20 of the Newport Beach Municipal Code. 18.All Federal, State, County and City statutes, rules, ordinances, codes, laws and regulations, specifically including Chapter 17.10 of the Newport Beach Municipal Code shall be obeyed. Operator Specific Conditions 19.Vessels shall not be rented between sunset and sunrise. 10/14/2020 3-31 20.All vessels must be clearly marked with a business name or other identifying marking, approved by the Harbormaster. 21. Permittee shall provide patrons with information on the location of restrooms, public docks and public facilities in the Harbor. 22. Permittee shall provide patrons and the Harbor Department with an emergency contact number. 23. Permittee shall provide training and instruction to ensure patrons can safely operate the vessel(s) and utilize personal flotation devices. 24.Any required lessons and safety instruction shall occur onsite, on private property only. 25. No commercial activity shall be conducted on any public beach or property. 26.Vessels shall not be stored on any public beach, public dock, or other public property. 27. Vessels are not permitted at the entrance to the Harbor. 28. Permittee must have a reliable method to assist renters who may be lost or unable for any reason to return to the Boarding Location(s). Examples of a "reliable method(s)" include but are not limited to the following: rescue vessel, collaboration with another company for rescue services, etc. 29. Permittee shall not rent vessels during periods of inclement weather including high winds, rain, or high surf. 30.While cruising in the Harbor, the vessel(s) shall not set anchor or raft -up to other vessels. 31. Vessels shall not be serviced or stored at residential locations. 32. No balloons of any kind are permitted. 33 -.All vessels must be equipped with a Coast Guard approved, personal flotation device(s) of appropriate size for the passenger(s) and a sounding device in accordance with Federal law. 34.Approval of this permit shall not authorize the sale or distribution of alcoholic beverages. 35.This MAP may be suspended or revoked at any time pursuant to the provisions contained in Municipal Code Section 17.10.090. 36.Any change in the Permitted Operations shall require an amendment to this MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of the City Municipal Code. 37.To the fullest extent permitted by law, Permittee shall indemnify, defend and old harmless the County of Orange, ("County"), its Board of Supervisors, City, its City Councilmembers, its Boards and Commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses judgments fines, penalties, liabilities, costs and expenses, (including without limitation, 10/14/2020 3-32 attorney's fees, disbursements and court costs), of every kind and nature whatsoever which may arise from or in any manner relate directly or indirectly to the approval of this MAP by City; and/or any related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, damages awarded against County or City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or other proceeding whether incurred by Permittee, County, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify County and City for all of County's and City's costs, fees and damages which County or City incurs in enforcing the indemnification provisions set forth in this MAP. Permittee shall pay to County and/or City upon demand any amount owed to County or City pursuant to the indemnification requirements prescribed in this MAP. 38. If any single condition of the MAP is deemed invalid, all other conditions remain in effect. Additional Conditions 39. Rentals shall be limited to XX Stand Up Paddleboards (SUP) and XX kayaks unless additional off-street parking is secured and approved by the Community Development Department through a zoning clearance letter. 40. No more than xx passengers may be on the water at any given time unless additional parking spaces are secured and approved by the Community Development Director. Permittee acknowledges that he/she/it has read and understands and agrees to comply with the conditions and restrictions listed above Initialed by Permittee The Harbormaster, Harbor Commission or City Council, on review, shall have the power to impose new conditions and restrictions or modify existing conditions and restrictions upon determination that the operations by Permittee, in the absence of said new conditions or restrictions, are not compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interest of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interest of the general public. 10/14/2020 3-33 City is the grantee of all Tides and Submerged Lands bayward of the actual or adjudicated line of mean high tide. The issuance of this MAP shall not be considered a waiver of City's right or authority with respect to any Tide or Submerged Lands which Permittee uses to conduct the Permitted Operations pursuant to this MAP. City hereby expressly reserves the right to administer such Tide and Submerged Lands as it sees fit, including, without limitation, the right to propose, require and approve a lease, franchise or long term license as a condition to continued use and occupation of the Tide and Submerged Lands Permittee also understands that a violation of any of the conditions and restrictions contained herein or any misrepresentation of material facts in Permittee's application shall result in the suspension or revocation of the permit, in the denial of any future MAP applications and/or prosecution or use of any of the administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04 and 1.05. Permittee's Authorized Signature: Print Signatories Name: Date: Harbormaster's Signature: Date: 10/14/2020 3-34 ATTACHMENT E MARINE ACTIVITIES PERMIT COMPANIES RENTING WIND, ELECTRIC AND FUEL POWERED VESSELS Permit No.: 2021 - Permittee Name: Address: Telephone No.: Email Address: Permit Period: to Business License No.: Expiration Date: Insurance Expiration: Permitted Operations: Boarding Location: Parking Location(s) & Number of Spaces: Vessels (number & type): This Marine Activities Permit, ("MAP"), is issued by the City of Newport Beach, ("City"), authorizing Permittee to conduct the Permitted Operations on the waters of Newport Harbor subject to the following conditions and restrictions: 1. This Marine Activities Permit is only valid for the dates, vessel(s). Parkina and Boarding Location(s) indicated above, and may be revoked if the Permitted Operations are not strictly adhered to or if the business license and/or insurance documents should expire. 2. Permittee shall comply with all the terms and conditions of the Zoning Clearance Letter dated Standard Conditions (Required per NBMC Section 17.10.0908) Adequate off-street parking shall be provided for all staff ar and patrons of the commercial harbor activity. All staff and patrons shall park only at the Parking Location(s) listed above. 4. Patrons transported to / from the commercial harbor activity shall not be picked up from, or unloaded on, City streets unless specifically approved in writing by the Harbormaster. 10/14/2020 3-35 5. No passenger loading and unloading shall occur at any fuel, public or residential dock. This condition does not prohibit passengers from using a public dock(s) for any lawful purpose. All boarding of vessels shall occur only at the Boarding Location(s) listed above. 6. All patrons and provisions shall be loaded and unloaded only from docks or piers where the abutting uplands property is commercially zoned, unless specifically approved in writing, in advance, by the Harbormaster. 7. Music and sound from the vessel(s) shall be controlled so as not to disturb a person of normal sensitivity at a point one hundred (100) feet from the hull of vessel(s). 8. Music, live entertainment and all forms of amplified sound are prohibited after 10:00 PM. 9. Permittee shall advise its patrons in writing of all relevant City, State, and Federal laws, including those pertaining to noise, trash, public intoxication, safe boating practices, and water quality. 10. Permittee shall actively control any noise or unlawful conduct by renters on the vessel(s), boarding and parking locations, and adjacent properties 11.Air horns, whistles, bells and/or any other noisemaking equipment shall not be used except as required by Coast Guard regulations. 12.All trash and litter generated by the use of the vessel(s) as allowed herein shall be properly disposed of in private trash receptacles of sufficient size and number to accommodate the refuse. 13. No Balloon releases. No Mylar balloons are permitted. 44 -.All vessels must be equipped with a Coast Guard approved, personal flotation device of appropriate size for each passenger(s). 15.All required insurance naming City as an additional insured shall be maintained in full force and effect for the full term of this MAP. 16.A current City Business license is required and must be kept at the Permittee's principal place of business at all times. 17.A correct copy of this MAP shall be kept at Permittee's principal place of business. 18.All signs and outdoor storage and displays shall comply with the applicable provisions of Title 20 of the Newport Beach Municipal Code. 19.All Federal, State, County and City statutes, rules, ordinances, codes, laws and regulations, specifically including Chapter 17.10 of the Newport Beach Municipal Code shall be obeyed. Operator Specific Conditions 20. Permittee shall provide adequate direction via maps and/or staff to ensure that customers park only at the Parking Location(s) listed above. 10/14/2020 3-36 21. Rentals are not permitted after 10 pm without prior written approval from the Harbor Master. 22.Vessels shall not be operated after sunset without proper navigational lighting. 23. No use of spotlights other than for navigational purposes. 24.All vessels must be clearly marked with a business name or other identifying marking, approved by the Harbormaster. 25. Permittee shall provide patrons with information on the location of restrooms, public docks and public facilities in the Harbor. 26. Permittee shall provide patrons and the Harbor Department with an emergency contact number. 27. Permittee shall provide training and instruction to ensure patrons can safely operate the vessel(s) and utilize personal flotation devices. 28.Any required lessons and safety instruction shall occur onsite, on private property only. 29. No commercial activity shall be conducted on any public property. 30.Vessels shall not be stored on any public beach, public dock, or other public property. 31.Vessels are not permitted at the entrance to the Harbor. 32. Permittee must have a reliable method to assist renters who may be lost or unable for any reason to return to the boarding location. Examples of a "reliable method(s)" include but are not limited to the following: rescue vessel, collaboration with another company for rescue services, contract with a tow boat company, etc. 33. Vessels) shall operate as far from shore as practical. When navigating in the main channels, the route of travel must be at least 100 feet from any residence. 34. 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. 35.While cruising in the Harbor, the vessel(s) shall not set anchor or raft -up to other vessels. 36.Vessel(s) shall be berthed in compliance with all applicable Newport Beach regulations. 37.Vessels shall not be serviced or stored at residential locations. 38.All vessels in a marina shall be arranged in such a manner that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels (NBMC Section 9.04.400). 10/14/2020 3-37 39. If alcohol service is to be provided, permittee must obtain all required permits and approvals from the City's Community Development Department and the California Department of Alcohol Beverage Control. 40.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; 41. Permittee shall maintain a log documenting the use of pump -out facilities or service by a licensed liquid waste hauler. The discharge log shall be available for inspection by the Harbormaster at all reasonable hours and upon request. 42.This MAP may be revoked or suspended at any time pursuant to the provisions contained in Municipal Code Section 17.10.090. 43.Any change in the Permitted Operations shall require an amendment to this MAP as determined by the Harbormaster and pursuant to Chapter 17.10 of the City Municipal Code. 44.To the fullest extent permitted by law, Permittee shall indemnify, defend and old harmless the County of Orange, ("County"), its Board of Supervisors, City, its City Councilmembers, its Boards and Commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses judgments fines, penalties, liabilities, costs and expenses, (including without limitation, attorney's fees, disbursements and court costs), of every kind and nature whatsoever which may arise from or in any manner relate directly or indirectly to the approval of this MAP by City; and/or any related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, damages awarded against County or City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or other proceeding whether incurred by Permittee, County, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify County and City for all of County's and City's costs, fees and damages which County or City incurs in enforcing the indemnification provisions set forth in this MAP. Permittee shall pay to County and/or City upon demand any amount owed to County or City pursuant to the indemnification requirements prescribed in this MAP. 45. If any single condition of the MAP is deemed invalid, all other conditions remain in effect. Other Conditions 10/14/2020 3-38 46. Rentals shall be limited to Vessel(s) unless additional off-street parking is secured and approved by the Community Development Department through a zoning clearance letter. 47. No more than passengers may be on the water at any given time unless additional parking spaces are secured and approved by the Community Development Director. Permittee acknowledges that he/she/it has read and understands and agrees to comply with the conditions and restrictions listed above Initialed by Permittee The Harbormaster, Harbor Commission or City Council, on review, shall have the power to impose new conditions and restrictions or modify existing conditions and restrictions upon determination that the operations by Permittee, in the absence of said new conditions or restrictions, are not compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interest of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interest of the general public. City is the grantee of all Tides and Submerged Lands bayward of the actual or adjudicated line of mean high tide. The issuance of this MAP shall not be considered a waiver of City's right or authority with respect to any Tide or Submerged Lands which Permittee uses to conduct the Permitted Operations pursuant to this MAP. City hereby expressly reserves the right to administer such Tide and Submerged Lands as it sees fit, including, without limitation, the right to propose, require and approve a lease, franchise or long term license as a condition to continued use and occupation of the Tide and Submerged Lands. Permittee also understands that a violation of any of the conditions and restrictions contained herein or any misrepresentation of material facts in Permittee's application shall result in the suspension or revocation of the permit, in the denial of any future MAP applications and/or prosecution or use of any of the administrative, civil or criminal remedies as authorized under NBMC Chapters 1.04 and 1.05. PERMITTEE: Permittee's Authorized Signature: 10/14/2020 3-39 Print Signatories Name: Date: Harbormaster's Signature: Date: 10/14/2020 3-40