HomeMy WebLinkAbout2013-11 - Adding Amending and Repealing Various Provisions of the Municipal CodeORDINANCE NO. 2013-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING
AMENDING AND REPEALING VARIOUS PROVISIONS
OF THE NEWPORT BEACH MUNICIPAL CODE
WHEREAS, the City of Newport Beach ("City") is a charter city, governed by a
charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
authorizes charter cities to enact ordinances with respect to their municipal affairs; and
WHEREAS, in 2012, the City completed a review of its Charter resulting in
various amendments being approved by the electorate that eliminated outdated rules
and inefficiencies; and
WHEREAS, in 2012, the City began a comprehensive review of the Newport
Beach Municipal Code ("NBMC"); and
WHEREAS, on March 13, 2013, the City Council adopted Ordinance No. 2013-7
to eliminate outdated rules and inefficiencies; and
WHEREAS, the City reviewed the entire NBMC to update references within the
NBMC to reflect the City's current organizational structure, City staff titles and
amendments to state laws, as well as to maintain consistency throughout the NBMC.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The first paragraph of Section 1.06.010 of the Newport Beach
Municipal Code is hereby amended to read as follows:
1.06.010 Purpose and Intent.
The Government Claims Act (Government Code Section 810 et seq.)
provides that no suit for money or damages may be brought against the
City unless a claim has been timely presented to the City. The general
claim procedures are governed by the provisions of Chapter 1 of the
Division 3.6 of the Government Code of the State, commencing with
Section 900 and following, which also provide that local ordinances shall
govern those claims which are excluded by the Act and which are not
expressly governed by another State statute.
Section 2: Subsection 1.08.055(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The City Council, any board or commission created by the City
Charter, and the City Manager or Community Development Director may
designate a hearing officer to take evidence, direct preparation of a
transcript and submit proposed findings and recommendations in a form
suitable for adoption whenever authorized, or required, by the provisions
of this Code, to conduct any hearing or appeal on any matter including the
issuance, denial, revocation or modification of any permit or license or
whether a particular condition or activity constitutes a nuisance or fire
hazard. The hearing officer shall conduct the hearing in a manner that
complies with constitutional, statutory and decisional law. The City
Council, board or commission, City Manager or Community Development
Director may adopt the proposed findings and recommendations as their
decision or may take any other action that is supported by substantial
evidence in the record.
Section 3: The definition of the term "City Hall" is hereby added to Section
1.08.120 of the Newport Beach Municipal Code to read as follows:
City Mall. The term "City Hall" means the City's Civic Center located at 100
Civic Center Drive, Newport Beach, California that includes most
administrative offices of the City and related parking.
Section 4: Subsection 1.12.020(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. The Municipal Operations Director and department staff designated
by the director shall have the power to issue citations for any violation of
Chapter 5.04 of this Code.
Section 5: Subsection 1.12.020(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. The Community Development Director, Public Works Director and
code enforcement staff within said departments, as designated by the
directors, shall have the power to issue citations for any violation of this
Code.
Section 6: Subsection 1:12.020(F) of the Newport Beach Municipal Code is
hereby amended to read as follows:
F. . The Building Official, and staff designated by the Building Official,
shall have the power to issue citations for any violation of Title 15 of this
Code.
Page 12
Section 7: Chapter 232 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Chapter 2.32
CITY TRAFFIC ENGINEER
Sections:
2.32.010 City Traffic Engineer,
2.32.020 Duties of City Traffic Engineer.
2.32.010 City Traffic Engineer,
The office of City Traffic Engineer is hereby established. The City Traffic
Engineer shall be appointed by the City Manager, and he or she shall
exercise the powers and duties provided herein.
2.32.020 Duties of City Traffic Engineer.
It shall be the general duty of the City Traffic Engineer or his or her
designee to determine and approve the planning, design, installation and
proper timing and maintenance of traffic control devices and signals, to
conduct engineering analysis of traffic accidents and to devise remedial
measures, to conduct engineering investigation of traffic conditions and to
cooperate with other City officials in the development of ways and means
to improve traffic conditions.
Section &: Section 5.11.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.11.050 Temporary Emergency Electrical Generators.
In the event of critical energy shortages, the Community Development
Director may authorize the temporary use of, and placement of, an
emergency electrical generator for any existing commercial or industrial
use for a period of time not to exceed two (2) years. In approving an
emergency electrical generator license, the Community Development
Director may impose whatever reasonable conditions are deemed
necessary to assure that the generator remains compatible with adjoining
uses and does not result in significant negative impacts to the health,
safety, peace, comfort and the welfare of persons residing or working in
the general vicinity. In addition to any site-specific conditions that the
Community Development Director may require, the following standard
provisions shall apply:
1. The application shall include a written request signed by the
business owner and the property owner. In addition, a site plan shall be
submitted showing the location of the proposed generator in relation to
property lines and parking areas. There shall be no Community
* N
Development Department fee for an emergency electrical generator
license.
2. The Community Development Director shall establish a specific
point in time when said permit is to be terminated and the site restored.
3. The approved license shall be for the exclusive use of the business
and business owner named as the license holder. Any new tenant shall
obtain a new license subject to the procedures specified above regardless
of the time allowed for the original license.
4. If the business owner desires permanent status of the generator,
then the applicant shall obtain a Conditional Use Permit as specified in
Chapter 2052 (Permit Review Procedures) of this Code.
5. Installation of the generator shall comply with the requirements of
the City's Building Regulations and Fire Codes.
6. The Community Development Director may revoke a license for an
emergency electrical generator if the generator is deemed noncompliant
with any provisions of this section or the conditions imposed during the
licensing process.
i. The use of the generator shall be limited to no more than two
hundred (200) hours per year and shall be operated only during a power
outage.
8. Any generator exceeding fifty (50) horsepower shall obtain a South
Coast Air Quality Management District Permit,
9. If the Community Development Director determines that the
generator exceeds acceptable levels for noise (as established in Title 10
of this Code) and/or creates excessive negative impacts to air quality, the
license may be automatically revoked.
10. The Community Development Director may require screening of the
generator as part of license approval.
Section 9: Section 5.11.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.11.060 Delivery of Alcoholic Beverages in a Safety Enhancement
Zone.
No person shall deliver alcoholic beverages to any "alcohol sales, off -sale"
or "alcohol sales, off -sale, accessory only (land use)" as those terms are
defined in Title 20 of this Code within any area and during the times
designated by the City Council as a Safety Enhancement Zone.
Page 14
Section 10: The definition of the term "Fire Chief' in Section 5.14.020 of the
Newport Beach Municipal Code is hereby amended to read as follows:
"Fire Chief' means the Fire Chief of the Fire Department for the City.
Section 11: Subsection 5.14.030(B)(4) of the Newport Beach Municipal Code is
hereby amended to read as follows:
4. Emergency ambulance transportation services operated by the City of
Newport Beach Fire Department.
Section 12: Subsection 5.14.040(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The Fire Department may, upon resolution of the City Council,
provide emergency ambulance transportation services as part of its
paramedic services program.
Section 13: The definition of the term "Administrative Services Director" in
Section 5.15.020 of the Newport Beach Municipal Code is hereby repealed in its
entirety.
Section 14: The definition of the term "Finance Director" is hereby added to
Section 5.15.020 of the Newport Beach Municipal Code to read as follows:
"Finance Director" means the position appointed by the City Manager and
has charge of the administration of the financial affairs of the City.
Section 15: The definition of the term "Revenue Division" in Section 5.15.020 of
the Newport Beach Municipal Code is hereby amended to read as follows:
"Revenue Division" means the Newport Beach City Revenue Division of
the Finance Department,
Section 16: The introductory paragraph to Section 5.15.040 of the Newport
Beach Municipal Code is hereby amended to read as follows:
5.15.040 Tow Truck Service Specifications.
The City Clerk shall be authorized to advertise for bids, Notice inviting
bids shall be published in the official newspaper at least ten days before
the time for opening bids. Notice shall list the date, time and location for
receiving sealed bids and the time at which the bids will be opened. Bids
shall be submitted on forms obtained from the Finance Department. The
bid proposal shall be consistent with the tow truck service specifications„
contain information indicating compliance with Section 5.15.100, and
provide a tow rate schedule for the following:
Section 17: Subsection 5.15.110(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Each towing company shall comply with the California Vehicle Code
regarding signs on tow trucks. Only tow trucks bearing the name of the
company shall be dispatched to the scene of need without approval of
Police Communications.
Section 18: Subsection 5.15.110(K) of the Newport Beach Municipal Code is
hereby amended to read as follows:
K. Upon request, official police towing services shall submit a report to
the Chief of Police and the Finance Director, which may include any of the
following:
1. Total police impounds;
2. Number of times dispatched by Newport Beach Police Department;
3. Number of these calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of the Civil Code,
and reporting such linen sales as per authority of the Vehicle Code;
5. Number of vehicles sold under authority of Section 3073, Civil Code;
6. Names and addresses of buyers and description of vehicles when
sold;
7. Number of calls answered which took more than one hour to handle.
Section 19: Subsection 5.15.110(N) of the Newport Beach Municipal Code is
hereby amended to read as follows:
N. Storage lots shall be located within the City or within three (3) miles
of the Newport Beach City limits.
Section 20: Subsection 5.1 5.130(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. All insurance policies shall be submitted to the Risk Manager for
approval prior to the provider's designation as one (1) of the City's official
police tow service providers. Satisfactory evidence that such insurance is
at all times in force and effect shall be furnished to the Risk Manager and
the Finance Director.
Section 21: The definition of the term "Department" in Section 5,48.020 of the
Newport Beach Municipal Code is hereby amended to read as follows:
5.48.020 Definitions.
"Department" means the Newport Beach Police Department or the
Newport Beach Fire Department as the case may be.
Section 22: Subsection 5.50.050(A)(6) of the Newport Beach Municipal Code is
hereby amended to read as follows:
6. Separate Rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment separate massage
rooms shall be provided for male and female patrons. This subsection
(A)6 shall not apply if the establishment is operated as an accessory use
within, and as part of spa services offered in a hotel as authorized under
Title 20 of the Newport Beach Municipal Code.
Section 23: Section 5.80.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.80.010 Duly Constituted Licensing Authority.
The City Manager, or his or her designated representative, is hereby
designated as the City's licensing authority and is authorized to issue
licenses for the sale of firearms pursuant to the California Penal Code,
Section 24: Subsection 5.80.020(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. The term "firearms" shall mean the same as that term is defined in the
California Penal Code.
Section 25: Section 5.80.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.80.030 License Required.
No person shall conduct, engage in or carry on the business of selling,
leasing, transferring, advertising, offering or exposing for sale, lease or
transfer of firearms unless he or she has obtained a license from the City
Manager pursuant to this Code and the California Penal Code and has
paid the required licensing fee. The license shall not be transferrable and
shall be valid for one (1) year from the date of issue.
Page 17
Section 26: Subsection 5.80.050(1) of the Newport Beach Municipal Code is
hereby amended to read as follows:
1. The applicant or license holder has failed to comply with any of the
provisions of the California Penal Code.
Section 27: Subsection 5.95.010(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. "Lodging unit" or "unit" shall mean "dwelling unit" as that term is
defined in Title 20 of this Code where the dwelling unit or residence,
including the bedroom, kitchen and bath, is rented or leased to a person or
group of persons living as a single housekeeping unit.
Section 28: Subsection 5.96.025(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The adult-oriented business is located in an approved zoning district
in compliance with zoning and location requirements of Title 20 of this
Code.'
1 "The distance limitations contained in Section 20.48.020 subsection (C) are
inapplicable if approved residential use or district, religious institution, public beach or
park, school or city facility locates or seeks permission to locate within the prescribed
distance of a proposed adult-oriented business after the application for the adult-oriented
business has been submitted."
Section 29: The second paragraph of subsection 5.96.055(A) of the Newport
Beach Municipal Code is hereby amended to read as follows:
Failure to comply with the requirements of this Chapter within the
amortization periods provided in this section, may subject the business to
revocation of the permit. Notwithstanding the above, any business legally
existing and operating as of the date of adoption of the ordinance codified
in this Chapter which does not comply with the zoning provisions found in
Title 20 of this Code shall not be required to relocate and shall be
considered nonconforming as to its location until such business is
abandoned or otherwise terminated.
Section 30: Section 6.04.190 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.190 Public Refuse Containers.
The City Manager or designated representative shall procure, place and
maintain at suitable places on certain business sidewalks, the public
beaches, piers and bay and ocean front street ends a sufficient number of
refuse containers to receive and hold refuse and garbage generated by
the general public at those locations. The Municipal Operations Director
shall at all times keep public containers in a clean and sightly condition
and in good order and repair; provided, that the failure of the Municipal
Operations Director to furnish and provide such containers shall not be
held or construed to relieve any person from the penalties of this Code.
Section 31: Section 6.04.200 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.200 Tampering with Public Refuse Containers.
No person shall remove, without lawful authority, any container from the
place where it is placed and maintained by the Municipal Operations
Director, or willfully deface, injure, damage or destroy, or use any
container for any purpose other than the authorized placing of refuse and
garbage therein by the general public.
Section 32: Subsection 6.04.210(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. On Own Property: No owner of real property shall throw, deposit or
leave, or knowingly permit another to throw, deposit or leave, refuse,
garbage or cuttings on such real property, nor shall he or she fail, neglect
or refuse to wholly remove them from such real property, within three (3)
days after receipt of written notice by the Municipal Operations Director to
do so.
Section 33: Subsection 7.20.020(C)(1) of the Newport Beach Municipal Code is
hereby amended to read as follows:
1. Any animal enrolled and participating in obedience classes offered
by the City or in any show for which the City has issued a special event
permit;
Section 34: No. 4 to Section 3404.2.11.2 of the California Fire Code, as
adopted by Section 9.04.100 of the Newport Beach Municipal Code is hereby amended
to read as follows:
Section 3404.2.11.2 is amended by adding No. 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in any
residential district or any residential area of a planned community district,
as established in Title 20 of the Newport Beach Municipal Code.
Page 19
Section 35: Subsection 10.28.040(D)(1) of the Newport Beach Municipal Code
is hereby amended to read as follows:
1. The provisions of this section shall not apply to emergency
construction work performed by a private party when authorized by the
Community Development Director or his or her designee.
Section 36: The definition of the term "Residential district' in Section 10.64.020
of the Newport Beach Municipal Code is hereby amended to read as follows:
"Residential zoning district" means a zoning district identified in Title 20 of
this Code.
Section 37: Subsection 10.64.050(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. No construction/maintenance project permit shall be issued for a
period in excess of six (6) months. A permit may not be extended beyond
the initial six (6) month period unless the Community Development
Director, or his or her designee, finds both that: (1) due to circumstances
beyond the control of the construction/maintenance project permittee, the
construction or maintenance project could not be fully completed within
the time permitted by the initial construction/maintenance project permit;
and (2) extension of the construction/maintenance project permit will not
adversely affect the public views or the public health, safety or welfare.
The Community Development Director, or his or her designee, may limit
the term of the construction/maintenance project permit to a period of less
than six (6) months upon a determination of any of the following:
1. That the full six-month period is unnecessary given the
anticipated scope of the construction or maintenance project;
2. That any period of time in excess of that prescribed by the
Community Development Director, or his or her designee,
would adversely affect the public views, or the public health,
safety or welfare; or
3. That similar construction or maintenance projects previously
approved by the Community Development Director, or his or
her designee, were completed in a period of time less than
the six (6) month maximum.
Section 38: Subsection 11.03.020(B)(14) of the Newport Beach Municipal Code
is hereby added to read as follows:
14. Parades or Motorcades.
Page 110
Section 39: Subsection 11.03.020(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Exempt Activities. The following activities are exempt from the
provisions of this Chapter:
1. Normal promotional/sale activities conducted within the
approved display area of a business establishment as provided for
in Title 20.2. Commercial filming regulated by Chapter 5.46.
3. Live entertainment at an established place of business, such
as a restaurant or tavern, regulated by Title 20 and Chapter 10.26,
4. Temporary land uses regulated by Title 20 of this Code.
5. Yard, garage, or other personal property sales in residential
districts regulated by Title 20 of this Code.
6. Activities or events held or conducted by or on behalf of the
City, a public school, or the State conducted on property owned or
leased by such entity or its sponsor.
7. Events conducted by homeowners' associations on common
area property within the association's boundaries.
8. Any other special event specifically exempted In this Code
from the provisions of this Chapter.
Section 44: The definition of the term "Motorcade" is hereby added to Section
11 .03,030 of the Newport Beach Municipal Code to read as follows:
"Motorcade" means an organized procession containing twenty-five (25) or
more vehicles, except funeral processions, upon any public street,
sidewalk or alley.
Section 41: The definition of the term "Parade" is hereby added to Section
11 .03.030 of the Newport Beach Municipal Code to read as follows:
"Parade" means any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon any
public street, sidewalk or alley, which does not comply with traffic
regulations or controls provided in this Code and the California Vehicle
Code.
Section 42: Subsection 11.03,050(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Duration of Events. Events lasting more than thirty (30) consecutive
days shall be deemed "temporary land uses" and shall be regulated by
Title 20 of this Code.
Section 43: Subsection 11.03.060(E)(4)(k) of the Newport Beach Municipal
Code is hereby amended to read as follows:
k. The special event lacks adequate parking for employees and the
public attending the proposed event under the applicable standards of
Title 20 of this Code, except where the special event is part of an existing
legal nonconforming use with respect to parking;
Section 44: Subsection 11.03.060(E)(4)(p) of the Newport Beach Municipal
Code is hereby added to read as follows:
p. The special event will consist of a Parade or Motorcade which is
proposed to be held for the sole purpose of advertising any product,
goods, wares, merchandise, or event, and is designed to be held purely
for private profit.
Section 45: Subsection 11,03,060(E)(4)(q) of the Newport Beach Municipal
Code is hereby added to read as follows:
q. The applicant refuses to agree to abide by and comply with all of
the conditions of the special event permit.
Section 46: Subsection 11.03.060(E)(4)(r) of the Newport Beach Municipal
Code is hereby added to read as follows:
r. The Chief of Police makes any finding contrary to the findings
required to be made for the issuance of a special event permit.
Section 47: Section 11.03,1'0 of the Newport Beach Municipal Code is hereby
added to read as follows:
11.03,120 Interference with Special Events.
A: No person shall knowingly violate any of the terms of a special
event permit.
B. No person shall knowingly loin, interfere with or participate in any
permitted special event without the consent, and over the objection
of, the special event permittee.
99
Section 48: Section 12.04.055 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.04.055 Holidays.
Within the meaning of this Title, holidays are as follows:
1. Every Sunday
2. January 1st, known as "New Year's Day"
3. The third Monday in February, known as "President's Day"
4. The last Monday in May, known as "Memorial Day"
5. July 4th, known as "Independence Day"
6. The first Monday in September, known as "Labor Day"
7. November, 11, known as "Veterans Day"
8. The fourth Thursday in November, known as "Thanksgiving Day"
9. December 25, known as "Christmas"
10. Every day appointed by the President or Governor for a public fast
11. Any other holiday not specifically listed in numbers 1 through 10
above that is recognized by the State of California or the United States of
America.
Section 49: Section 12.04.090 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.04.090 Parking Meter.
The term "parking meter" shall mean any mechanical or electronic device,
including a parking payment center or pay station, placed upon streets or
other property owned, leased or controlled by the City at the direction of
the City Council or under the provisions of this Code, which is designed,
upon the deposit of a lawful payment, to measure in minutes or hours the
period of time during which a vehicle may be parked in the parking space
corresponding thereto.
Section 50: Section 12.04.095 of the Newport Beach Municipal Code is hereby
added to read as follows:
12.04.095 Payment.
The term "payment" shall mean the deposit of coins, bills or combination
of coins and bills of the United States of America, or the use of credit
cards, debit cards or any other method designated as being accepted by
the parking meter.
Section 51: Section 1.2.44.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.010 Parking Time Restrictions.
A. One -Hour Parking. When authorized signs are in place or the
display of a parking meter gives notice thereof, no person shall stop,
stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and
six p.m. (6:00 p.m.) of any day for a period of time longer than one (1)
hour upon such streets or portions thereof as the City Council shall
designate by resolution.
B. Two (2) Hour Parking. When authorized signs are in place or the
display of a parking meter gives notice thereof, no person shall stop,
stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and
six p,m. (6:00 p.m,) of any day for a period of time longer than two (2)
hours upon such streets or portions thereof as the City Council shall
designate by resolution.
C. Six (6) Hour Parking. When authorized signs are in place or the
display of a parking meter gives notice thereof, no person shall stop,
stand, or park any vehicle between the hours of eight a.m. (8:00 a.m.) and
six p.m. (6:00 p.m.) of any day for a period of time longer than six (6)
hours upon such streets or portions thereof as the City Council shall
designate by resolution.
D. Twelve (12) Hour Parking. When authorized signs are in place
and/or the display of a parking meter gives notice thereof, no person shall
stop, stand, or park any vehicle for a period of time longer than twelve (12)
hours upon such streets or portions thereof as the City Council shall
designate by resolution.
E. Variations. When special parking or traffic conditions require
different hours or days of parking restrictions, the City Council may by
resolution vary the hours and days during which the foregoing restrictions
shall be in effect, and, when authorized signs are in place giving notice
thereof, no person shall stop, stand, or park any vehicle contrary to the
direction or provisions of such signs.
Section 52: Section 12.44.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.080 Prescription of Meter Operation Regulations.
The payment to be deposited in parking meters, the parking time allowed
following deposit of payment, the hours during which such deposits are
required, and the days of the week and the weeks of the year during which
such deposits are required for parking meters in all zones shall be
prescribed by the City Council by resolution.
Section 53: Section 12.44.084 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.084 Parking at an Inoperable Meter.
No person shall park any vehicle in any parking space where the parking
meter is inoperative and which is signposted, as provided in this section.
Section 54: Section 12.44.100 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.100 Deposit of Payment and Activation of Meter.
No person shall park a vehicle in a parking meter zone, except as
otherwise permitted by this Chapter, without immediately depositing in the
parking meter corresponding to the parking space occupied such lawful
payment as is permitted or required by such parking meter, and when
required by directions on the meter setting in operation the timing
mechanism thereof, unless the parking meter indicates at the time such
vehicle is parked that an unexpired portion remains of the period of time
for which a payment has previously been deposited.
Section 55: Section 12.44.110 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.110 Overtime Parking.
A. Commercial Areas. No person, except as otherwise provided in this
Chapter, shall cause, permit, allow or suffer any vehicle registered to or
parked or operated by him to be or remain parked in any parking space in
a parking meter zone, designated by resolution of the City Council as a
commercial area, during any time when the parking meter corresponding
to such parking space indicates that no portion remains of the period of
time for which payment has been deposited or beyond the time parking in
such place is otherwise permitted or limited.
Page 115
B, Combination Recreational -Commercial Areas. No person, except
as otherwise provided in this Chapter, shall cause, permit, allow or suffer
any vehicle registered to or parked or operated by him to be or remain
parked in any parking space in a parking meter zone, designated by
resolution of the City Council as a combination recreational commercial
area, during any time when the parking meter corresponding to such
parking space indicates that no portion remains of the period of time for
which a payment has been deposited or beyond the time parking in such
place is otherwise permitted or limited.
C. Recreational Areas. No person, except as otherwise provided in
this Chapter, shall cause, permit, allow or suffer any vehicle registered to
or parked or operated by him to be or remain parked in any parking space
in a parking meter zone, designated by resolution of the City Council as a
recreational area, during any time when the parking meter corresponding
to such parking space indicates that no portion remains of the period of
time for which payment has been deposited or beyond the time parking in
such place is otherwise permitted or limited.
Section 56: Subsection 12.44.120(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Parking Meter Permit. In oft -street and on -street parking meter
zones established by ordinance or resolution pursuant to Sections
12.44,020 and 12.44.030, a vehicle may be parked and remain parked in
a parking space without the deposit of any payment in the parking meter
corresponding thereto if such vehicle has displayed a current valid parking
meter permit issued by the City pursuant to the authorization of the City
Council established by resolution. With the exception of transferable
permits, such parking permits shall be effective only when affixed to the
front windshield of the vehicle within a seven-inch (7") square in the lower
corner farthest removed from the driver's position.
Section 57: Subsection 12.44.125(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Permit Required. In lieu of providing the required off-street parking
on-site pursuant to Title 20 of the Newport Beach Municipal Code, a
commercial business may provide all or a portion of its required
commercial off-street parking in a municipal fee -owned lot by paying an
annual fee of one hundred fifty dollars ($150.00) per parking space. Said
municipal parking lot must be located within reasonable proximity to the
commercial business as to be useful to said business.
Page 116
Section 58: The definitions of the terms "City Manager," "General Services
Director," "Administrative Services Director," and "Public Works Director' in Section
12.63.020 of the Newport Beach Municipal Code are hereby amended to read as
follows:.
"City Manager," "Municipal Operations Director," "Finance Director," and
"Public Works Director" mean the City Manager, Municipal Operations
Director, Finance Director and Public Works Director of the City or their
designee.
Section 59: Subsection 12.63.050(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Required Forms. An application for a franchise shall be filed in the
office of the Municipal Operations Department in writing on forms
prescribed by the Municipal Operations Director.
Section 60: Subsection 12.63.050(B)(7) of the Newport Beach Municipal Code
is hereby amended to read as follows:
7. Such further information as the Municipal Operations Director may
reasonably require to evaluate and process the application.
Section 61: Subsection 12.63.050(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Waivers. The Municipal Operations Director may waive the
submission of items deemed unnecessary.
Section 62: Section 12.63.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.63.060 Municipal Operations Department Review.
A. Time Limits and Notification. Within thirty (30) calendar days of the
filing of an application, the Municipal Operations Department shall
determine whether the application is complete and notify the applicant in
writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined not to be
complete, the Municipal Operations Department shall notify the applicant
in writing and shall specify those parts of the application which are
incomplete and shall indicate the manner in which they can be made
complete, including a list and thorough description of the specific
information or materials needed to complete the application. Upon the
receipt of the information or materials needed to complete the application,
or any resubmittal of the application, a new thirty (30) calendar day review
period shall begin to determine the completeness of the application.
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C. Extension of Time Limits. Extensions of the time limits of the
review period are permitted when mutually agreed upon by the Municipal
Operations Department and the applicant.
Section 63: Subsection 12.63.090(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Franchise fees and environmental liability fund fees shall be due and
payable on the thirtieth (30th) day of the month following the end of each
quarter. The franchisee shall pay the required fees to the City and deliver
the payment to the City's Finance Director. Each payment shalt be
accompanied by a written statement, verified by the franchisee or a duly
authorized representative of the franchisee, showing in such form and
detail as the Finance Director may prescribe, the calculation of the fees
payable by the franchisee and such other information as may be required
as material to a determination of the amount due.
Section 64: Section 12.63.130 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.63.130 City Inspection Authority.
Any franchisee providing commercial solid waste handling services or
conducting a solid waste enterprise in the City of Newport Beach shall
keep and maintain books of account, income statements, tonnage reports
and supporting documents and all other documents that relate in any way
to business transactions conducted by the person in the City of Newport
Beach for a period of three (3) years after said service was provided and
shall make these records and documents available to the City upon
request by the City Manager, Municipal Operations Director or Finance
Director, or their designee.
Section 65: Subsection 12.63.140(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. A notice of intent to terminate a nonexclusive franchise shall be
personally delivered or mailed, at the discretion of the Municipal
Operations Director, to the franchisee at the franchisee's address of
record, shall state grounds for suspension or termination and shall give
the franchisee notice of the time, date and place of a hearing before the
City Council, which shall be convened not less than fifteen (15) days and
no more than sixty (60) days after the date of notice, subject to
continuance with the consent of the parties.
Section 66: Section 13.06.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.06.060 Closure as Condition of Community Development
Department Approval.
No final approval or certificate of occupancy shall be given by the
Community Development Department for the completion of any work
involving the construction, alteration, enlargement or demolition of any
building on any lot or parcel of property until all curb cuts and driveway
approaches, which the Public Works Director has determined are no
longer needed or used for reasonable vehicular access to said property,
are altered or removed in accordance with the determination of the Public
Works Director and the City's Standard Plans and Specifications for public
works. The foregoing requirement may be satisfied by a written
agreement to do any such work, executed by the property owner or lessee
and the Public Works Director, and secured by a bond, letter of credit or
other security, approved by the City Attorney. Any decision of the Public
Works Director made pursuant to this section may be appealed to the City
Council
Section 67: Section 13.08.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Section 13.08.010 Jurisdiction and Authority.
Subject to the administrative control established by the City Charter, and
any applicable City Council Policy, the provisions of this Chapter, the
Municipal Operations Department shall exercise jurisdiction and control
over the planting, maintenance, and removal of trees, shrubs, and plants
in all public areas under the control of the City, and shall have the
authority and duties prescribed in this Chapter.
Section 68: Section 13.08.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Section 13.08.020 Official Tree List.
The City Council shall adopt an official tree list which shall set out the
names of the streets in the City and the species of tree or trees that may
be planted on each such street or portion thereof. The list shall be
adopted by resolution and three (3) copies thereof shall be kept on file in
the office of the City Clerk for inspection by the public, and copies shall be
available in the Municipal Operations Department for information.
..- Iz
Section 69: Subsection 13.08.050(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Attaching Electrical Apparatus. No person shall attach any electric
wires or any device for holding electric wires to any tree, plant or shrub
growing in any public street right-of-way or other public property under the
control of the City without approval of the City Council. No person shall,
without written permission from the Municipal Operations Director, trim,
cut or break any part of such tree, shrub, or plant in order to make
passage for electric wires.
Section 70: Section 13.12.100 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.12.100 Numbering—East Coast Highway to Avocado.
The section of the East Coast Highway from the east end of the Upper
Bay Bridge to the City Boundary along the westerly edge of Avocado, shall
include east numbers from 100 to and including the 2100 Block wherever
the highway may lie within the Newport Beach City Boundary. The blocks
are designated as 460.52 feet plus or minus length along the center line of
the highway, and include space taken up by any or all intersecting streets.
The numbers are to be even numbers along the northerly side and odd
numbers along the southerly side of the East Coast Highway. The
numbers shall be assigned by the Community Development Department,
and are to be distributed on a basis of ten (10) feet per number, excluding
the number thirteen (13), unless the number thirteen (13) is specifically
requested by the owner of the property where the number thirteen (13)
could apply.
Section 71: The introductory paragraph to Section 13,12.110 of the Newport
Beach Municipal Code is hereby amended to read as follows:
The section of East Coast Highway, extending southeasterly from the
present city boundary at the westerly edge of Avocado Avenue, to the
present most easterly city boundary, which is also the easterly boundary
of Tract 1237 and Tract 1116, all of which lies within the boundary lines of
the City of Newport Beach, shall include the east numbers from 2200 to
and including the 4400 Block. The numbers are to be even numbers along
the northerly side and odd numbers along the southerly side of the East
Coast Highway. The numbers shall be assigned by the Community
Services Department and are to be distributed on a basis of ten (10) feet
per number, excluding the number thirteen (13) unless the number
thirteen (13) is specifically requested by the owner of the property where
the number thirteen (13) could apply.. The numbers are further described
as follows:
Section 72: Chapter 13.16 of the Newport Beach Municipal Code is hereby
repealed in its entirety.
Section 73: Section 14.04.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.04.010 Utilities Division Established.
The Municipal Operations Department is hereby declared to embrace and
include all property of every character, real, personal and mixed, now
used in or incident to the production, storage, conveyance and delivery of
water to the consumers thereof in the City, together with all other property
of every character that may hereafter from time to time be added to it for
such purposes. "The Municipal Operations Director designates the Utilities
Manager of the Utilities Division to administer all the provisions of this title.
Section 74: Section 14.04.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14,04.020 Utilities Manager Defined.
The term "Utilities Manager" wherever used in this title shall be held and
construed to mean the Utilities General Manager of the Utilities Division of
the Municipal Operations Department of the City and any act in this
Chapter required or authorized to be done by the Utilities Manager may be
done on behalf of the Utilities Manager by an authorized officer or
employee of the Municipal Operations Department,
Section 75: Section 14.04.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.04.040 Interference with Employees Prohibited.
No person shall interfere with, or obstruct the Public Works Director, or
any of his or her duly appointed agents or employees, or the Municipal
Operations Director, or any of his or her duly appointed agents or
employees, in the execution of any lawful order, or the provisions of this
Chapter in the maintenance and operation of the Utilities Division.
Section 76: Section 14.04.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.04.070 Maintenance and Use of Fire hydrants.
Public fire hydrants shall be placed, maintained and repaired by the
Utilities Division. Any damage thereto by persons or agency other than
representatives of the Fire Department or Utilities Division shall be a claim
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against the person or agency committing such damage, and the Utilities
Manager shall take such action as may be necessary to collect the same.
Fire hydrants are provided for the sole purpose of extinguishing fires and
shall be used otherwise only as herein provided for, and shall be opened
and used only by the Utilities Division and Fire Department for such
persons as may be authorized to do so by the Chief of the Fire
Department, or the Utilities Manager of the Utilities Division as herein
provided.
Section 77: Subsection 14.10.030(A)(1) of the Newport Beach Municipal Code
is hereby amended to read as follows:
1. The City shall review all requests for new services to determine if
backflow protection is needed. Plans and specifications must be
submitted to the Community Development Department of the City upon
request for review of possible cross -connection hazards as a condition of
service for new service connections. If it is determined that a backflow
prevention device is. necessary to protect the public water system, the
required device must be installed before service will be granted.
Section 78: Subsection 14.12.085(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. An application for water service, as provided by the Revenue Division
of the Finance Department, shall be used for the purpose of establishing
water service into a new customer's name. Property owners may enter
into a continuous service agreement which will authorize the transfer of
water service into the name of the property owner upon a tenant's notice
to discontinue service. Property owners shall be responsible for all water
service charges at their premises. Water service will not be established in
the name of a customer other than the property owner without the written
authorization of the owner, or the owner's authorized representative.
Section 79: The second paragraph of Section 14.12.095 of the Newport Beach
Municipal Code is hereby amended to read as follows:
Any customer whose complaint or request for an investigation has
resulted in an adverse determination by the City's Revenue Division may
appeal the determination to the Finance Director or his or her designee.
Page 122
Section 80: Section 14.12.140 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.12.140 Customer Request for Service Discontinuance.
A. Whenever a customer desires to discontinue service, the customer
shall give not less than two (2) working days (forty-eight (48) hours)
written notice thereof to the Revenue Division of the Finance Department.
B. In accordance with such notice, the City shall read the water meter,
prepare a closing statement of all unpaid bills for water furnished by the
City to the customer up to that time and, unless a current continuous
service agreement with the property owner is in place, shut off the water to
the premises. If the customer has a deposit with the. City, the Finance
Department will return the balance, after deducting any unpaid charges.
Section 81: The definition of the term "Implementation Plan" in Section
14.16.020 of the Newport Beach Municipal Code is hereby' amended to read as follows:
"Implementation plan" shall mean the plan developed by the Utilities
Manager that provides the resources (staffing and equipment) required to
ensure the fair and timely execution of these requirements, as well as a
detailed execution strategy.
Section 82: The definition of the term "Municipal Operations Direction" is hereby
added to Section 14.16.020 of the Newport Beach Municipal Code to read as follows:
"Municipal Operations Director" shall mean the Director of the City of
Newport Beach's Municipal Operations Department or his or her designee.
Section 83: The definition of the term "Utilities Director" in Section 14,16.020 of
the Newport Beach Municipal Code is hereby amended to read as follows:
"Utilities Manager" shall mean the General Manager of the City of Newport
Beach's Utilities Division or his or her designee.
Section 84: Subsection 14.17.010(P) of the Newport Beach Municipal Code is
hereby amended to read as follows:
P. "Ministerial permit" means an authorizing document issued by the
City of Newport Beach Community Development Department in
conjunction with a landscape project which may include, but is not limited
to: grading, pools, spas, fountains, ponds, retaining walls, fences and
walls, shade structures, trellis structures, barbecues, outdoor fireplaces,
etc.
Section 85: The definition of the term "Dwelling Unit" in Section 14.24.010 of
the Newport Beach Municipal Code is hereby amended to read as follows:
Dwelling Unit. The term "dwelling unit" shall be defined as specified in Title
20 of this Code.
Section 86: Section 14.24.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Section 14.24.020 Dwelling Unit and Business Structure Sewer
Connection Required.
Every dwelling unit or business structure in the City shall be connected
with the public sewer in the manner, at the place, under the supervision of
and to the satisfaction of the Municipal Operations Director, if the dwelling
unit or business structure is within two hundred (200) feet of the public
sewer.
Each dwelling unit or business structure shall be individually connected to
the City sewer system unless otherwise approved by the Municipal
Operations Director. All sewer laterals shall be inspected by the Municipal
Operations Department either at the time of demolition or before final
approval of the building permit or granting of occupancy for all projects
involving demolition, construction, reconstruction and/or substantial
remodeling of any dwelling unit or business structure. Each sewer lateral
connection shall be replaced and/or constructed in accordance with the
City's standards for such construction and shall have a clean-out
assembly installed at the property line whenever one or more of the
following apply:
A. If an area greater than Fifty (50) percent of the existing
building area is added;
B. If the area of structural interior remodeling exceeds fifty (50)
percent of the existing building area;
C. If any alterations to the building sewer are done;
D. If additional plumbing fixtures require a change in the size of
a building sewer line;
E. Wherever six (6) or more fixture units (per the Uniform
Plumbing Code [UPC]) are added to an existing plumbing system;
or
F. Whenever it is found that the building sewer was/is installed
in an illegal or unsanitary manner.
MOMM
Section 87: The definition of the term "Building Director" in Section 14.30.015 of
the Newport Beach Municipal Code is hereby amended to read as follows:
"Building Official" means the Building Manager/Chief Building Official of
the City's Community Development Department or his or her designee.
Section 88: The definition of the term "Municipal Operations Director" is hereby
added to Section 14.30.015 of the Newport Beach Municipal Code to read as follows:
"Municipal Operations Director" shall mean the Director of the Municipal
Operations Department or his or her designee.
Section 89: The definition of the term "Utilities Director' in Section 14.30.015 of
the Newport Beach Municipal Code is hereby amended to read as follows:
"Utilities Manager" means the Utilities General Manager of the City's
Municipal Operations Department or his or her designee.
Section 90: Section 14.30.025 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.30.025 Requirements.
A. Each permit shall:
1. Authorize the FSE to dispose FOG into the wastewater system
in accordance with the provisions of this Chapter.
2. Authorize the Municipal Operations Director to access and
inspect an FSE to ensure compliance with this Chapter during all
times the FSE is open, operating, or any other reasonable time.
3. Require the FSE to immediately notify the City by telephone at
the number specified by the Municipal Operations Director in the
event a FSE is unable to comply with any requirements of this
Chapter due to a breakdown of equipment, accidents, or human
error, or when the FSE has reasonable opportunity to know that a
discharge will exceed the provisions of this Chapter. This
notification shall not relieve the FSE of any expense, loss, damage
or other liability which may be incurred as a result of damage or
loss to the City or any other damage or loss to person or property;
nor shall such notification relieve the FSE of any fees, fines or other
liability which may be imposed by this Chapter or other applicable
law.
4. Require the FSE's adherence to best management practices to
minimize the discharge of FOG to the sewer system. These BMPs
shall be developed by the Utilities Manager, updated annually, and
Page 125
distributed to each permit holder.
5. Require the FSE to maintain any grease control device in an
efficient operating condition by removing the full content of the
device which includes wastewater, accumulated FOG, floating
materials, sludge and solids in a manner consistent with the
maintenance frequency and maintenance practices approved by
the Municipal Operations Director.
6. The FSE shall keep all waste manifests, receipts and invoices
of all cleaning, maintenance, grease removal of or from the grease
control device, disposal carrier and disposal site location for no less
than two (2) years. The FSE shall, upon request, make the waste
manifests, receipts and invoices available to any City
representative, or inspector.
B. Ninety (90) days following the effective date of this Chapter, all FSEs
shall have applied for and received a permit.
C. New FSEs or FSEs that are newly required to have a permit shall
have received a Grease Disposal Permit prior to the Building Official's
issuance of a Certificate of Occupancy. An FSE may not open for
business nor serve customers without receiving and maintaining a valid
Grease Control Permit
Section 91: Section 14.30.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.30.030 Grease Control Devices.
A. Any new FSE, any FSE undergoing remodeling, any FSE
undergoing a change in operations or, as directed by the Municipal
Operations Director, any FSE that violates the provisions of this Chapter,
shall obtain a permit from the Building Official to install a grease control
device.
B. Upon approval of the Building Official, grease control devices for
FSEs may be "gang" devices which accept FOG from more than one (1)
FSE. Each FSE that contributes FOG to a gang device shall be
responsible for the installation and maintenance of the grease control
device.
C. The Building Official shall not issue a certificate of occupancy for an
FSE which is required to have a grease control device until the device has
been installed, inspected and approved by the Community Development
Department.
D. Any decision of the Building Official pursuant to this Chapter may be
appealed by any interested party to the Building and Fire Board of
Appeals, pursuant to Chapter 15.80 of the Newport Beach Municipal
Code.
Section 92: Subsection 14.30.035(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The following exceptions from Section 14.30.030 are permitted:
1. Variance. If the Municipal Operations Director finds that a
treatment or pre-treatment product, combined with best
management practices, will limit or eliminate FOG discharges from
a particular FSE, the Utilities Manager may exempt that FSE via a
variance.
2. Waiver. The Building Official, in consultation with the
Municipal Operations Director, shall exempt an FSE from the
requirements of Section 14.30.030 via a waiver provided that the
FSE complies with all other provisions of this Chapter and provided
that any of the following conditions exist:
a. There is inadequate space on the property on which
the FSE is located to install a grease control device;
b. There is inadequate slope for gravity flow between
kitchen plumbing fixtures and the grease control device
and/or between the grease control device and. the private
collection lines or the public sewer;
C. The FSE has been in operation prior to January 1,
2005, and has not had a change in operations or a remodel;
or
d. The FSE conducts operations that do not produce
FOG in a quantity that adversely affects the wastewater
system. In this case, the waiver shall include conditions
placed by the Municipal Operations Director on the FSE's
operations that provide for continued limits on FOG
production.
Section 93: Section 14.36.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
14.36.040 Control of Urban Runoff,
A. New Development and Significant Redevelopment,
Page 127
1. All new development and significant redevelopment within
the City of Newport Beach shall be undertaken in accordance with:
a. The DAMP, including but not limited to the development
project guidance; and
b. Any conditions and requirements established by the
Community Development Department and/or Public Works
Department, which are reasonably related to the reduction or
elimination of pollutants in- storm water runoff from the
project site.
2. Prior to the issuance by the City of a grading permit, building
permit or nonresidential plumbing permit for any new development
or significant redevelopment, the Community Development
Department and/or Public Works Department shall review the
project plans and impose terms, conditions and requirements on
the project in accordance with this section. If the new development
or significant redevelopment will be approved without application for
a grading permit, building permit or nonresidential plumbing permit,
the planning agency Community Development Department or
Public Works Department shall review the project plans and impose
terms, conditions and requirements on the project in accordance
with this section prior to the issuance of a discretionary land use
approval or, at the city's discretion, prior to recordation of a
subdivision map.
1 Notwithstanding the foregoing, this compliance with the
development project guidance shall not be required for construction
of one {1} single-family detached residence or duplex unless the
City Community Development Department or Public Works
Department determines that the construction may result in the
discharge of significant levels of a pollutant into a tributary to the
Storm Water Drainage System.
4. Compliance with the conditions and requirements of the
DAMP shall not exempt any person from the requirement to
independently comply with each provision of this Chapter.
5. If the City Community Development Department or Public
Works Department determines that the project will have a de
minimis impact on the quality of storm water runoff, then it may
issue a written waiver of the requirement for compliance with the
provisions of the development project guidance.
6. The owner of a new development or significant
redevelopment project, or upon transfer of the property, its
successors and assigns, shall implement and adhere to the terms,
conditions and requirements imposed pursuant to this section on a
new development or significant redevelopment project.
a. Each failure by the owner of the property or its
successors or assigns, to implement and adhere to the
terms, conditions and requirements imposed pursuant to this
section on a new development or significant redevelopment
project shall constitute a violation of this Chapter.
7, The City's Community Development or Public Works
Departments may require that the terms, conditions and
requirements imposed pursuant to this section be recorded with the
County Recorder's office by the property owner. The signature of
the owner of the property or any successive owner shall be
sufficient for the recording of these terms, conditions and
requirements and a signature on behalf of the City shall not be
required for recordation.
B. Cost Recovery. The City shall be reimbursed by the project applicant
for all costs and expenses incurred by the Planning Agency (Community
Development Department or Public Works Department) in the review and
inspection of new development or significant development projects for
compliance with the DAMP. The City Planning Agency (Community
Development Department or Public Works Department) may elect to
require a deposit of estimated costs and expenses, and the actual costs
and expenses shall be deducted from the deposit, and the balance, if any,
refunded to the project applicant.
Section 94: Subsection 15,10.180(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Removal of Misplaced Material. When unauthorized dumping as
described in subsection (A) of this section occurs, the person responsible
for the dumping, or the permittee, shall remove the material within forty-
eight (48) hours. in case of noncompliance, the Community Development
Director may order removal, and the cost of such removal shall be paid to
the City by the person who failed to remove the material, or by the
permittee.
Section 95: Section 15.12.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.12.020 Purpose and Intent.
This Chapter establishes standard placards to be used to indicate the
condition of a structure for continued occupancy after any natural or
manmade disaster. This Chapter further authorizes the Community
0 10
Development Department representative to post the appropriate placard at
each entry point to a building or structure upon completion of a safety
assessment. This Chapter also provides a defined level of repair for
buildings damaged by a natural or manmade disaster where a formal state
of emergency has been proclaimed by the City Council.
Section 96: Subsection 15.12.050(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Once it has been attached to a building or structure, a placard is not
to be removed, altered or covered until done so by an authorized
representative of the Community Development Department or upon
written notification from the department.
Section 97: The definition of the term "Residential building" in Section
15.15.020 of the Newport Beach Municipal Code is hereby amended to read as follows:
"Residential building" means any structure which contains a dwelling unit
as that term is defined in Title 20 of this Code, and shall include the
buildings or structures accessory to the structure which contains the
dwelling unit and the real property on which the residential building is
located.
Section 98: The second paragraph of Section 15.16.150 of the Newport Beach
Municipal Code is hereby amended to read as follows:
An inspection fee established by resolution of the City Council shall be
charged for each additional inspection necessary as a result of faulty
workmanship or material, or the work not being ready for inspection.
Notice of correction of faults or completion of work shall be given by the
Community Development Department and reinspection requested.
Section 99: The first paragraph of Section 15.16.170 of the Newport Beach
Municipal Code is hereby amended to read as follows:
15.16.170 Inspections,
No person shall erect or install any sign for which a permit is required
without first having such sign inspected by the Building Official. All such
signs shall be brought to the Community Development Department prior to
installation or erection for general inspection and attachment of identity
number; or, if a request is made twenty-four (24) hours in advance, such
inspection may be done at the job address prior to installation or erection
of the sign. Also, the following inspections shall be called for by the
builder: (1) Attachment inspections shall be required for roof and
projecting signs and the manner of securing a sign to the building shall not
be covered until such inspection has been made, and (2) final inspection
within twenty-four (24) hours after completion of the job.
O M
Section 100:Subsection 15,16.320(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. The maximum nighttime brightness of any sign shall not exceed that
allowed in Title 20 of this Code.
Section 101: Subsection 15.28.010(A)(12) of the Newport Beach Municipal Code
is hereby amended to read as follows;
12. Infestation of insects, vermin or rodents as determined by the
Building Official.
Section 102: Subsection 15.28.010(A)(15) of the Newport Beach Municipal Code
is hereby amended to read as follows:
15. Lack of adequate garbage and rubbish storage and removal
facilities as determined by the Building Official.
Section 103: Section 15.28.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.28.030 Notice to Owner.
The Building Official shall examine or cause to be examined every building
or structure or portion thereof reported as dangerous or damaged and, if
such is found to be a substandard building, the Building Official shall give
to the person, if any, in real or apparent charge or control of the premises
involved, and the owner of record as such appears on the tax assessment
roll, the holder of any mortgage, trust deed, or other lien or encumbrance
of record, the owner or holder of any lease of record, and the record
holder of any other estate or interest in or to the building or structure on
the land, written notice stating the defects thereof. This notice shall
require the owner to commence either the required repairs or
improvements or, if the building is deemed by the Building Official to be
irreparable, the demolition and removal of the building or structure or
portions thereof within ten (10) days and to complete such work within
sixty (60) days from the date of the notice, unless otherwise stipulated by
the Building Official. If the Building Official determines that the structure
creates imminent danger to the lives of persons therein residing, he shall
include within the notice an order to the owner or occupant that the
structure be vacated as soon as possible, or within a specified time, after
receipt of the notice.
Page 131
Section 104:Section 15.28.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.28.040 Service of Notice.
Proper service of such notice shall be by personal service or by registered
or certified mail upon each party specified in Section 15.28.030. In the
event the Building Official, after reasonable effort, is unable to serve the
notice as specified above, proper service shall be by posting a copy of the
notice on the building or structure alleged to be substandard. The failure
of any owner or other person to receive such notice shall not affect in any
manner the validity of any proceedings taken hereunder. The Building
Official shall also post or cause to be posted at least one (1) copy of the
notice on the building or structure alleged to be substandard, and shall
cause a copy of the notice to be recorded with the Orange County
Recorder's office.
The Building Official, upon giving notice as aforesaid, shall file an affidavit
in the Community Development Department certifying to the time and
manner in which said notice was given. There shall also be filed therewith
a receipt card which may have been returned to him or her in
acknowledgement of such notice by registered or certified mail.
Section 105: Section 15.28.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.28.050 Second Notice.
If the owner, or other persons having an interest in the property, does not
comply with said notice by commencing the required work within the time
allowed or by making such other arrangements as may be satisfactory to
the Building Official, the Building Official shall send or cause to be sent a
second notice to the owner of the property and a copy to the other
persons having an interest therein to appear before the City Council at a
stated place and time to show cause why such building or structure should
not be declared a nuisance and abated as herein provided. Service of the
second notice shall be made following the procedure set forth in Section
15.28.040 above.
Said notice shall be in substantially the following form:
Notice to Abate Nuisance
The owner of the building or structure situated at is hereby
notified to appear before the City Council of the City of Newport Beach at
its meeting to be held , at the Council Chambers, Civic Center,
OU0
located at 100 Civic Center Drive, Newport Beach, California, at the hour
of or as soon thereafter as he may be heard, and show cause,
if any he or she has, why said building or structure should not be
determined to be a public nuisance and said nuisance abated by the City
of Newport Beach by repairing and rehabilitating, or razing, demolishing
and removing same and charging the costs thereof to the owner.
Dated:
City of Newport Beach Community Development Department By
Section 106; Section 15.28.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.28.060 Nuisance Abatement Hearing.
At the time, date and place fixed in the notice to abate nuisance, the City
Council shall proceed to hear the testimony of the Building Official, his
assistants and representatives, and other competent persons who may be
present and desire to testify respecting the condition of the building or
structure, the estimated cost of its reconstruction, repair or removal, and
any other information which the City Council may deem pertinent thereto.
Upon the conclusion of the hearing, the City Council shall by resolution
declare its findings and, in the event it so concludes, it may declare said
building or structure to be a nuisance and direct the owner to abate the
same within fifteen (15) days after the date of posting on the premises a
notice of the passage of the resolution, by having the same repaired and
rehabilitated or razed, demolished and removed, and that if the nuisance
is not so abated the Building Official shall cause the building to be
repaired and rehabilitated or razed, demolished and removed and the
expense thereofr made a lien on the parcel of land upon which the building
is located. The City Council, if it determines that the structure creates
Imminent danger to the lives of persons residing therein, may further
declare that the owner, occupant, lessee or other person in possession
must vacate said building or structure, Subsequent to the adoption of
such resolution the City Clerk shall cause to be recorded with the County
Recorder of Orange County a copy of the resolution declaring the
existence of a substandard building or structure which shall become a
cloud over the title of the property upon which the substandard building or
structure exists, At such time as the substandard building or structure has
been repaired and rehabilitated or razed, demolished and removed, the
cloud over the title of the property involved, occasioned by the recordation
of said resolution, shall be cleared by the recordation of a certificate of
compliance by the City Clerk with the Orange County Recorder. In the
event that the nuisance is not abated by the owner or occupant within the
time prescribed by the City Council, the Council may direct the City
Manager to repair and rehabilitate or raze, demolish and remove the
building or structure, and the City Manager and his or her authorized
representatives shall thereby be authorized to enter upon the property for
that purpose. The City Manager may use an independent contractor to
repair and rehabilitate or raze; demolish and remove the building or
structure. The City Council may further declare, if the building or structure
is razed and demolished by the City, that the material of any such building
or structure be sold after notice to the owner in any manner in which the
City Council may determine reasonable, provided that any such sale shall
be upon condition that the wreckage and debris shall be removed and the
lot cleaned, Any surplus, over and above the costs to the City, from the
sale of such building shall be retained to be distributed to the parties
lawfully entitled thereto. The proceeds and monies from such sale shall
be used, whenever possible, to reduce the cost of razing, demolishing and
removing the building or structure. Within ten (10) days after the premises
are posted, the City Clerk shall send copies of the resolution to the owner
and other persons in interest as hereinbefore set forth and in like form and
manner.
Section 107:Subsection 15.32.015(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The Building Official shall, as a condition of the issuance of an
electrical service permit, require the electrical service located within the
exterior boundary lines of any lot or parcel of property to be installed
underground, when:
1. The property is to be developed with a new or replacement
building;
2. An addition to an existing building exceeds fifty (50) percent of
the gross floor area of the existing building.
Section 108:Subsection 15.32.015(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Waiver, Modification or Delay. If it is determined that practical
difficulties, or unreasonable hardships inconsistent with the purposes of
this Chapter and unique to a particular parcel of property, would result
from the literal interpretation of this section, the Building Official may
waive, modify or delay the imposition of any undergrounding requirement
imposed pursuant to this section upon written application of any affected
property owner.
Section 109: Subsection 15.32.015(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Right of Appeal. Any person dissatisfied with the decision of the
Building Official may file a written statement, listing the reasons for the
appeal with the City Council. Said appeal shall be filed with the City Clerk
within fifteen (15) days after the decision of the Building Official is
deposited in the mail. The City Council may overrule, modify or affirm the
decision of the Building Official.
Section 110:Subsection 15.40.035(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. The Community Development Director and Traffic Manager shall, at
least annually, monitor the progress of each project to ensure compliance
with this Chapter.
Section 111: The definition of "Traffic Manager" in Section 15.40.040 of the
Newport Beach Municipal Code is hereby amended to read as follows:
"Traffic Manager" means the person designated by the City Manager as
the City Traffic Engineer pursuant to Section 2.32.010, or his or her
designee.
Section 112:Chapter 15.40, Appendix A, Subsection 6(b) of the Newport Beach
Municipal Code is hereby amended to read as follows:
b. The Traffic Manager shall transmit the final Traffic Study to the
Community Development Department for presentation to the Planning
Commission.
Section 113: Subsection 15.40.060(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The Planning Commission, and the City Council on appeal or
review, shall hold a public hearing on any project pursuant to this Chapter.
The public hearing on the traffic study may be consolidated with other
hearings required by the project. The hearing shall be noticed in the
manner provided in Title 20 of the Newport Beach Municipal Code or any
successor provision.
Section 114: Section 15.40.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.40.070 Appeal -Review.
A. Except as otherwise provided in this Chapter, any Planning
Commission decision to approve a project shall be final unless there is an
Page 135
appeal by the project proponent or any interested person. The appeal
shall be initiated and conducted pursuant to the procedures in Title 20 of
the Newport Beach Municipal Code or any successor provision;
B. The City Council shall have a right to review a decision of the
Planning Commission consistent with the procedures and processes as
specified in Title 20 of the Newport Beach Municipal Code or any
successor provision;
C. The City Council shall be subject to the same requirements as the
Planning Commission relative to decisions and findings required by this
Chapter.
Section 115:Subsection 15.45.030(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Application. The process for the consideration of a development
agreement shall be initiated upon the filing of an application therefor, by or
on behalf of the property owner or other person having a legal or equitable
interest in real property located within the municipal boundaries of the
City, or real property to be annexed to the City of Newport Beach.
Application forms shall be provided by the Community Development
Department. The application for consideration of a proposed development
agreement shall be accompanied by a copy of the proposed development
agreement containing all of the provisions required by the ordinance
codified in this Chapter, and the applicant shall provide such other
information with respect to the proposed project as may be required by the
Community Development Director.
Section 116: Section 15.55.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
15.55.040 Methane Gas Mitigation District—Requirements.
A. Permit Required. No permit shall be issued for any project within
any methane gas mitigation district until the requirements of this section
have been fully satisfied.
B. Testing and Mitigation Requirements. Prior to the approval of any
project, the property owner, applicant or proponent shall:
1. Submit a plan, prepared by a licensed consulting geologist or
other qualified consultant, to test building site soils for the presence
of methane gas, or commit to test in conformance with any
standard plans and specifications adopted by the Fire Chief and/or
Building Official.
2. Test for the presence of methane gas in accordance with the
approved plan or standard plans and specifications.
3. In the event testing reveals methane gas in excess of one and
a quarter percent (1.25%) by volume at ambient pressure and
temperature (lower explosive limit), a mitigation plan shall be
submitted for approval by the Fire Chief and/or Building Official.
The mitigation plan shall be prepared by a licensed geologist or
other qualified consultant Mitigation shall be accomplished by
flared vent systems, underground collection systems, or other
proven systems, devices or techniques. Mitigation measures shall
be designed to reduce the level of methane gas in any building or
structure to less than twenty-five (25) percent of the lower explosive
limit. in the event measures specified in the mitigation plan do not
reduce the level of methane gas below twenty-five (25) percent of
the lower explosive limit, the mitigation plan shall be modified to
include additional measures, and those measures shall be
implemented within thirty (30) days after approval of the amended
plan.
4. Install an isolation barrier, consisting of a continuous, flexible,
permanent and non -gas permeable barrier beneath all newly
constructed foundations and floors at ground level. Barrier
penetrations shall be secured with a gas-tight seal.
5. Obtain a certificate of compliance with this section from the
Fire Chief and/or Building Official.
Section 117:Section 15.60.020 of the Newport Beach Municipal Code is hereby
arnended to read as follows:
15.64.020 Construction Site Fencing Required.
Prior to starting grading, excavation, construction of a new structure or
addition and remodel to an existing structure with a combined floor area
exceeding seventy-five (75) percent of the floor area of the proposed
structure, the Building Official shall require the site to be temporarily
fenced and screened on all sides for the duration of the construction
project. The height of fence shall be between seventy-two (72) and
eighty-four (84) inches, and fence material shall be chain link metal fence
overlaid on the exterior with an opaque vinyl screen, or other equivalent
fencing and screening material as approved by the Building Official.
EXCEPTION: Where fencing on one (1) or more side(s) is not feasible due
to physical constraints or determined to be unnecessary by the Building
Official due to the presence of equivalent barrier(s).
Section 118: Subsection 15.70.020(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Exempt Facilities. Amateur radio and receiving satellite dish
antennas regulated by Title 20 of this Code are exempt from the
provisions of this Chapter.
Section 119: Subsection 15.70.030(G) of the Newport Beach Municipal Code is
hereby amended to read as follows:
G. Department Director or Reviewing Department Director means
either the Community Development Director or the Public Works Director,
as applicable.
Section 120:Subsection 15.70.030(M) of the Newport Beach Municipal Code is
hereby amended to read as follows:
M. Community Development Director means the Community
Development Director of the City or his or her designee.
Section 121:Subsection 15.70.070(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Reviewing Authority. All applicants for telecom facilities not within
the public right-of-way shall apply for a permit from the Community
Development Department as follows:
1. Private or City -Owned Property. Facilities on private property
or on City -owned property shall be reviewed by the Community
Development Director as a "Telecom Permit".
2. Referral to City Council. The Community Development Director
may refer any application to the City Council for special review
under the procedures set out in Paragraph F of this Section.
Section 122: Subsection 15.70.070(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Review Process for Proposals on City Property. Review of telecom
applications for facilities on City property shall be as follows:
1. Filing. Applications shall be submitted to the Community
Development Director for facilities on City property and shall
undergo initial staff review for compliance with the provisions of this
Chapter and Title 13. Within thirty (30) days of filing, the Reviewing
Department Director shall notify the applicant in writing whether the
application is complete. If an application is determined to be not
complete, the notification shall identify those parts of the application
which are incomplete and shall indicate the manner in which they
can be made complete.
2. Emergency Communications Review. At the same time as
the Applicant submits an application to the Community
Development Director, the applicant shall submit the Plans, Map,
and Emission Standards and Non -Interference Data (parts 1, 3, and
5 of the Submission Requirements) to the Newport Beach Police
Department. The Police Department or its designee shall review
the plan's potential conflict with emergency communications. The
review may include a pre -installation test of the facility to determine
if any interference exists. If the Police Department or its designee
determines that the proposal has a high probability that its facilities
will interfere with emergency communications devices, the
applicant shall be given the opportunity to modify the proposal, to
avoid interference. If the proposal is not modified, the Reviewing
Department Director shall deny the proposal.
3. Director's Action. Within thirty (30) days of the determination
that the application is complete, the Community Development
Director shall take action on the application based on the following
criteria:
a. If the director determines that the facility conforms to
the technology height, location and design standards of
Sections 15.70.040, 15.70.050 and 15.70.060 of this
Chapter, he or she shall approve the application with or
without conditions of approval.
b. If the director determines that the facility does not
conform to one (1) or more standards, he or she shall inform
the applicant of the discrepancy and give the applicant the
option of amending the application to eliminate the
discrepancy. If the discrepancy is not eliminated, the
director shall deny the application.
C. If the director determines that conformity to standards
are in doubt, he or she shall refer the application to the City
Council for Special Review under the procedures set out in
Paragraph F of this Section.
4. Applicant Notification. After action on the application, the director
shall cause the applicant to be notified in writing within five business days
of the decision. The applicant may appeal decisions by the director in
accordance with Paragraph E of this section.
5. City Manager Action. When a permit for a telecom facility on
City -owned property or facilities is approved, the Community
Development Director shall forward the permit to the City Manager,
who shall prepare and execute an Agreement based upon a term
and rental amount adopted under City Council policy.
6. City Council Action. Where applicable (including proposals to
site facilities in Location Categories in Section 15.70.050(B)(1)(e-
h)), the City Manager shall forward the agreement and final telecom
permit to the City Council for final approval. The City Council may
approve, approve subject to modifications, or deny the agreement
and telecom permit, The City Council retains the right to refuse
approval of an agreement at any time and for any reason. Should
the City Council deny the agreement, the agreement and permit
shall not be executed.
7. Notification to Applicant. The City Clerk shall notify the
applicant in writing within five business days of the City Council's
decision.
Section 123 -.Subsection 15.70.070(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Review Process for Private Property. Review of telecom
applications for facilities on private property shall be as follows:
1. Filing. Submission of application to the Community
Development Director and initial staff review. Within thirty (30)
days of filing, the director shall cause the applicant to be notified in
writing whether the application is complete. If an application is
determined to be not complete, the notification shall identify those
parts of the application which are incomplete and shall indicate the
manner in which they can be made complete.
2. Emergency Communications Review. At the same time as
the applicant submits an application to the Community
Development Director, the applicant shall submit the Plans, Map,
and Emission Standards and Non-interference Data (parts 1, 3, and
5 of the Submission Requirements) to the Newport Beach Police
Department. The Police Department or its designee shall review the
plan's potential conflict with emergency communications. The
review may include a pre -installation test of the facility to determine
if any interference exists. If the Police Department or its designee
determines that the proposal has a high probability that its facilities
will interfere with emergency communications devices, the
applicant shall work with the Police Department or its designee to
modify the installation or location of facility to avoid interference to
4 ,�
the maximum extent practicable.
3. Director's Action. Within thirty (30) days after the
determination that the application is complete, the Community
Development Director shall approve, approve subject to conditions,
or deny the telecom permit under the same procedures and criteria
as set out in Paragraph C of this Section. The director shall then
cause the applicant to be notified in writing within five (5) business
days of the decision. The applicant may appeal decisions by the
director in accordance with Paragraph E of this Section.
Section 124: Subsection 17.01.030(8)(6) of the Newport Beach Municipal Code
is hereby amended to read as follows:
6. Board. The term "board" shall mean the Board of Supervisors of the
County of Orange as the governing body of the Orange County Sheriffs
Department, Harbor Patrol/Marine Operations Bureau.
Section 125: Subsection 17.01.030(B)(8) of the Newport Beach Municipal Code
is hereby amended to read as follows:
8. Building Official. The term "Building Official" shall mean the Building
Manager/Chief Building Official of the City's Community Development
Department, or his or her designee.
Section 126:Subsection 17.01.030(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Definitions. C.
1. Caulerpa. The term "Caulerpa" shall mean an invasive
Mediterranean seaweed (Caulerpa taxifolia) introduced to southern
California in 2000 that has a potential to cause severe ecological
damage to coastal and nearshore waters.
2. Certified Charter. The term "certified charter" shall mean any
vessel inspected by the United States Coast Guard under Title 46
of the Code of Regulations and which has been chartered for
consideration.
3. Channel. The term "channel" shall mean a water area in
Newport Harbor designated for vessel navigation with necessary
width and depth requirements, and which may be marked or
otherwise designated on Federal navigation charts, as well as in
other sources.
4. Chartered for Consideration. The term "chartered for
consideration" shall mean any vessel which has been hired or
Page 141
leased by the owner, directly or through an authorized
representative, to any person for a voyage in exchange for the
payment of money, the receipt of something of value, or the
forgiveness of a debt.
5. City. The term "City" shall mean City of Newport Beach.
6. City Council. The term "City Council" shall mean the City
Council of the City of Newport Beach,
7. City Manager. The term "City Manager" shall mean the City
Manager of the City of Newport Beach or his or her respective
designee,
8. City Tide and Submerged Land. The term "City tide and
submerged land" shall mean that area within Newport Harbor
granted to the City by the State of California.
9. Coastal Access. The term "coastal access" shall mean the
ability of the public to reach, use or view the shoreline of coastal
waters or inland coastal recreation areas and trails.
10. Coastal Commission. Time term "Coastal Commission" shall
mean the California Coastal Commission, the State agency
established by State law responsible for carrying out the provisions
of the Coastal Act and for review of coastal permits on appeal from
local agencies.
11. Coastal -Dependent Development or Use. The terms "coastal
dependent development" or "coastal -dependent use" shall mean
any development or use which requires a site on, or adjacent to,
the sea to be able to function at all (from California Public
Resources Code, Section 30101).
12. Code. The term "code" shall mean the Newport Beach
Municipal Code.
13. Commercial. The term `commercial' shall mean any
business activity whether the business activity is nonprofit or for
profit. Commercial activities shall include, but are not limited to,
marinas, charter facilities, yacht clubs, yacht sales, rental facilities,
boat yards, pier rentals and any other business activity.
14. Commercial Fishing Vessel. The term "commercial fishing
vessel' shall mean a vessel registered by the Department of Fish
and Game pursuant to Section 7880 of the Fish and Game Code of
the State of California, when operating under the authority of the
Fish and Game permit.
* RE
15. Community Development Director. The term "Community
Development Director' shall mean the Community Development
Director of the City of Newport Beach or his or her designee.
16. Current. The term "current' shall mean a flow of water in a
particular direction. Such flows can be driven by wind, temperature
or density differences, tidal forces, and wave energy. Currents are
often classified by location, such as longshore current, surface
current or deep ocean currents. Different currents can occur in the
same general area resulting in different water flows. For example,
a rip current can flow perpendicular to the shore through the surf
zone, a long shore current may flow southerly, parallel to the coast
and seasonal deep water current may flow to the north.
Section 127: Subsection 17.01.030(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Definitions: D.
1. Design Criteria. The term "design criteria" refers to
"Waterfront Project Guidelines and Standards, Harbor Design
Criteria—Commercial and Residential Facilities" adopted by the
City of Newport Beach, and as amended from time to time, as
minimum standards for design whenever harbor permits are
required. The City of Newport Beach Community Development
Department may require additional requirements, based on the
specific details of a particular application and project.
2. Dinghy or Tender. The term "dinghy" or "tender" shall mean
a vessel no longer than fourteen (14) feet in overall length.
3. Dock. The term "dock" shall mean a structure generally
linked to the shoreline to which a vessel may be secured. A dock
may be fixed to the shore or fixed on pilings, or may float in the
water.
4. Dolphin. The term "dolphin" shall mean a multi -pile structure
that is used for mooring large boats that generally cannot be
accommodated by floating docks.
5. Dry (Boat) Storage. The terms "dry storage" or "dry boat
storage" shall mean all on -land storage of vessels, including
vessels normally stored in open or enclosed rack structures, on
trailers, on cradles, on boat stands, or by other means.
Page 143
Section 128: Subsection 17.01.030(F) of the Newport Beach Municipal Code is
hereby amended to read as follows:
F. Definitions: F.
1. Fairway. The term "fairway" shall mean an area of water
adjacent to slips that feeds into a channel, and which is used for
direct access to slips. The fairway water area is defined as lying
between the outer end of a line of fingers and the nearest
obstruction on the opposing side (i.e., other slips, bulkhead, vessels
on side ties, etc.),
2. Federal Channel. The term "Federal channel" shall mean
that area of the Lower Newport Bay described by the Army Corps
of Engineers, Chief of Engineer to Congress on November 11,
1936 as recorded in the 1st Session of the 75th Congress in 1937.
3. Finance Director. The term "Finance Director" shall mean
the Finance Director of the City of Newport Beach or his or her
respective designee.
4. Finger. The term "finger" shall mean a portion of a floating
dock section that is perpendicular to the walkways and is used for
tying up and boarding vessels.
5. Fire Chief. The term "Fire Chief' shall mean the Fire Chief of
the City of Newport Beach or his or her respective designee.
6. Freeboard.
a. Dock System Freeboard, For the purposes of dock
systems, the term "freeboard" shall mean the distance
between the water surface and the walking surface of the
dock system. Generally, two conditions are of interest when
referring to freeboard: (i) dead load only freeboard, and (ii)
dead plus live load freeboard. Dead load refers to the
weight of all construction materials and equipment that may
be permanently attached to the docks, Live load refers to
the weight of all temporary loads such as pedestrians and
berthing loads.
b. Vessel Freeboard. For the purposes of vessels, the
term "freeboard" shall mean the vertical distance between
the water line and the top of the deck.
7. Functional Capacity. In terms of wetlands and estuaries, the
term "functional capacity" shall mean the ability of the wetland or
estuary to be self-sustaining and to maintain natural species
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diversity.
Section 129. Subsection 17.01.030(H)(4) of the Newport Beach Municipal Code
is hereby amended to read as follows:
4. Harbormaster. The term "Harbormaster" shall mean the
Commander of the Orange County Sheriff's Harbor PatroVMarine
Operations Bureau, or his or her designee, or successor entity.
Section 130: Subsection 17.01.030(H)(6) of the Newport Beach Municipal Code
is hereby amended to read as follows:
6. Harbor Resources Manager. The term "Harbor Resources
Manager" shall mean the Harbor Resources Manager of the City of
Newport Beach, or his or her designee.
Section 131: Subsection 17.01.030(M) of the Newport Beach Municipal Code is
hereby amended to read as follows:
1. Pacific Ocean. The term "Pacific Ocean" shall mean the
waters off of the City of Newport Beach from the beach, as defined
in Section17.01.030(B)(3), seaward three (3) nautical miles.
2. Passenger. The term "passenger" shall mean every person,
other than the operator and a member of the crew or other persons
employed or engaged in any capacity on board a vessel in the
business of that vessel.
3. Permittee. The term "permittee" shall be the person or entity
who holds a validly issued permit under any provision of this title.
4. Person, The term "person" shall mean an individual,
proprietorship, firm, partnership, joint venture, syndicate, business
trust, company, corporation, association, committee or any other
legally recognized entity.
5. Pier. The term "pier" shall mean any fixed or floating
structure for securing vessels, loading or unloading persons or
.property, or providing access to or over the water. A pier includes
wharf, dock, slip or float, or any other landing facility and floating
dry dock.
a. Commercial Pier. The term "commercial pier" shall
mean a pier adjacent to commercially or nonresidentially
zoned property with single or multiple berths which are
rented or leased, including any pier used in connection with
marinas, charter facilities, yacht clubs, yacht sales, rental
facilities and boat yards. For purposes of this Chapter,
multiple piers which are adjacent to a lot or parcel of land
occupied by a multifamily dwelling or dwelling units that are
income generating, and structures adjacent to commercially
zoned uplands that are business or income generating in
nature, shall be deemed commercial,
b. Noncommercial Pier. The term "noncommercial pier"
shall mean a pier used for private recreational purposes by
the owner or occupant(s) of the abutting residentially zoned
upland property.
C. Public Pier, The term "public pier" shall mean a pier
used for public recreational purposes provided by a public
agency.
6. Pierhead Line. The term "Pierhead Line" shall mean the harbor
water area perimeter lines established in Newport Harbor by the
Federal Government that define the permitted limit of fixed pier,
floating dock and other in -water structures which may be
constructed in the harbor. The Pierhead Line typically shall define
the limit of pier and floating dock structures and defines the limit of
construction except as otherwise approved by City Council. Vessels
may extend channelward of the Pierhead Line.
7. Police Chief. The term "Police Chiefshall mean the Chief of
Police of the City of Newport Beach or his or her respective
designee or by the City Council.
8. Project Lines. The term "project lines" shall mean the harbor
water area channel lines of the improvements constructed by the
Federal Government in 1935-1936, and as shown on navigation
charts of Newport Harbor. Also referred to as the "Federal channel"
(see City of Newport Beach Waterfront Project Guidelines and
Standards, Harbor Design Criteria --Commercial and Residential
Facilities).
9. Property Owner. The term "property owner" shall mean the
owner of the abutting upland property who has obtained a permit to
place a structure in Newport Harbor pursuant to Chapter 17.50.
10. Public Trust Lands. The term "public trust lands" shall mean
all lands subject to the common law public trust for commerce,
navigation, fisheries, recreation, and other public purposes. Public
trust lands include tidelands, submerged lands, the beds of
navigable lakes and rivers, and historic tidelands and submerged
lands that are presently filled or reclaimed and which were subject
to the public trust at any time (from California Code of Regulations,
Section 13577; see tidelands and submerged lands).
11. Public Works Director. The term "Public Works Director"
shall mean the Public Works Director of the City of Newport Beach,
or his or her designee.
Section 132: Section 17.05.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.05.040 Administrative Authority.
The responsibility for the administration of the provisions of this title is
delegated to the City Manager, or officers or employees of a department
or departments of the City designated by him or her; provided, however,
that some or all of the duties necessary to be performed in the
administration may be performed by the Harbormaster or his or her
deputies or assistants pursuant to a contract providing therefore between
the City and the County of Orange.
Section 133: Subsection 17.05.050(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Order any vessel improperly berthed to change its position or
location as he or she may designate, and in case his or her orders are not
complied with, or the vessel is unattended, to cause such vessel to be so
moved, and to collect the cost thereof from the vessel, or owner thereof;
Section 134: Subsection 17.05.060(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Issue approvals in concept for development located on tidelands or
submerged lands that did not involve a discretionary action authorized by
Title 20 of the Code where the authority is specifically assigned to the City
Council, Planning Commission, Community Development Director, or
Zoning Administrator.
Section 135: Section 17,05.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.05.070 Establishment of Channels, Turning Basins, Etc.
All channels, turning basins, anchorage areas, and pierhead and bulkhead
lines in Newport Harbor shall be as established by the Federal
Government or by the City Council upon recommendation of the Harbor
Commission. A map thereof shall be kept on file in the offices of the City
Clerk and the Harbor Resources Division for public inspection.
Section 136: Subsection 17.05.120(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Date. All fees required to be paid under any provision of this title
shall be due and payable on a schedule established by the Finance
Director.
Section 137:Subsection 17.05,120(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Administration. The Harbor Resources Manager shall administer
the provisions of this title, except for the collection of fees, which shall be
the responsibility of the Finance Director.
Section 138: Subsection 17.10.020(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. No person who owns a certified vessel (a vessel inspected by the
United States Coast Guard pursuant to Title 46 of the Code of Federal
Regulations) shall permit or allow the use of the vessel as a certificated
charter on the waters of Newport Harbor without first obtaining a marine
activities permit pursuant to this Chapter.
Section 139: Subsection 17.10.020(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. No person shall operate a bareboat charter or certified charter on
the waters on Newport Harbor without having a valid marine activities
permit on board the vessel at all times during the charter.
Section 140: Section 17.10.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.10.050 Issuance of Permit.
Upon receipt of a complete application for a marine activities permit, the
Harbor Resources Manager shall investigate the information contained in
the application. The Harbor Resources Manager shall refer the application
to the Community Development Department to verify that all of the
applicable Zoning Code regulations or conditions have been addressed or
complied with and the Public Works Department to insure safe vehicular
ingress and egress, and the safe loading and unloading of passengers
and supplies. The Harbor Resources Manager may also refer the
application to the Harbor Commission, other appropriate City departments,
or to the Orange County Sheriffs Harbor Patrol/Marine Operations Bureau
for investigation, report or recommendation. The Harbor Resources
Manager may inspect, or cause to be inspected, the vessel(s), marine
sanitation device(s) of the vessel(s), boarding facilities, parking and all
upland support facilities listed in the application. The Harbor Resources
Manager shall notify an applicant of his or her decision in writing within
ninety (90) days from, the date on which a completed application is
received.
Except as provided in this section, the Harbor Resources Manager may
issue the marine activities permit upon a determination that approval of
the application will not adversely affect the health, safety or welfare of
those who use, enjoy, or own property near Newport Harbor.
The Harbor Resources Manager shall approve the application unless:
A. The proposed commercial activity is likely to create noise
which would adversely affect use or enjoyment of the waters of
Newport Harbor by members of the public, or interfere with the
rights of those who own property near the waters of Newport
Harbor to the peaceful and quiet enjoyment of that property;
8. The proposed commercial activity is likely to contribute to the
problem of water pollution and/or litter in the waters of Newport
Harbor;
C. The vessel or craft to be used by the applicant does not
satisfy the applicable standards of the United States Coast Guard,
or City, County, State or Federal requirements of law;
D. The proposed commercial activity is likely, when viewed in
conjunction with other anticipated charters and marine operations,
to create a hazard to safe navigation, or otherwise interfere with the
rights of others to use the waters of Newport Harbor;
E. The proposed commercial activity does not provide facilities
to ensure adequate parking, safe vehicular ingress and egress, and
the safe loading and unloading of passengers and supplies for the
period subject to permit. For the purpose of this section, parking
shall not be considered adequate unless the number of parking
spaces required by Title 20 of this Code are provided for the
duration of the permit and will be available during the days and
hours of operation specified by the permit and that any off-site
parking arrangements have been approved by the Planning
Commission or the Community Development Director;
F. The commercial activity would violate City, County, State or
Federal requirements of law;
G. The applicant has misrepresented material facts in the
application;
H. The proposed commercial activity does not provide uplands
support, docking or boarding facilities sufficient to safely
accommodate the size of vessel(s) or number. of passengers
indicated on the application;
1. The proposed commercial activity includes an upland use
that requires a use permit or other approval under the City Zoning
Code and such permit has not been obtained;
J. The applicant has a permit which is currently suspended or
has been revoked, or a notice of revocation or suspension that is
no longer subject to appeal has been issued within the past ninety
(90) days.
Section 141:The.second paragraph of Subsection 17.10,070(A) of the Newport
Beach Municipal Code is hereby amended to read as follows:
The Harbor Resources Manager or Harbor Commission, on approval or
review, shall have the power to impose new conditions or modify existing
conditions with regard to any permit issued pursuant to this Chapter upon
a determination that the operations by the permittee, in the absence of the
new or modified conditions, may adversely impact the health, safety or
welfare of those who use, enjoy or own property near or on the waters of
Newport Harbor. .
Section 142: Section 17.10.085 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.10.085 Enforcement—Right of Entry.
A. Enforcement. It shall be the duty of the Harbor Resources Manager
to enforce each and all of the provisions of this title, the Chief of Police
and/or Harbormaster shall render such assistance in its enforcement as
may be required from time to time by the Harbor Resources Manager,
B. Right of Entry. The Harbor Resources Manager, Harbormaster and
each and all of his or her assistants and any Police Officer or City
employee whose job includes the enforcement of this Chapter, shall have
the power and authority to enter, free of charge, and at any reasonable
time, any place of business or vessel subject to the requirements of this
Chapter.
Page 150
Section 143:The introductory paragraph of Section 17.10.090 of the Newport
Beach Municipal Code is hereby amended to read as follows:
17.10.090 Suspension/Revocation.
Any permit granted pursuant to the provisions of this Chapter may be
suspended or revoked, by the Harbor Resources Manager, in whole or in
part, upon fifteen {15} days prior written notice to the permittee, served in
accordance with Section 1.05.030 of the Code, directing the permittee to
appear at the time, date and place specified in the notice to show cause
why the permit shall not be suspended or revoked. The notice shall
specify the reasons for the proposed action. A permit may be suspended
or revoked on any of the following grounds:
Section 144: Section 17.10.095 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.10.095 Appeal.
Appeals of any decision of the Harbor Resources Manager shall be made
in accordance with Chapter 17.65 or Chapter 17.60, as applicable.
Section 145: Section 17.20.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any
vessel, except a public officer in the performance of his or her duty, shall
operate the same or permit the same to be operated in any portion of
Newport Harbor or the water in the present or prior channel of the Santa
Ana River within the City at a rate of speed in excess of five (5) nautical
miles per hour, or at any speed which creates a wake that may cause
damage to moorings of vessels or floating structures, except as
hereinafter provided.
B. Designation of Closed Areas. Whenever the City Manager finds
that public safety so requires, he or she may designate any water area or
tidelands or filled lands in or upon which harbor improvement work is
being performed as a closed area and shall cause the areas to be posted
accordingly. Except for persons actually engaged in such harbor
improvement work or public officers in the performance of their duty, no
person shall enter or remain within or drive or operate any vessel or
watercraft into or within any area which has been so designated as a
closed area and which has been posted or marked with appropriate signs
giving notice thereof.
1. The channel between Bay Island and Balboa Peninsula is
designated as a closed area from and including June 1st through
September 15th of each year; no person shall operate any
motorboat into or through such channel.
2. The Grand Canal is designated as a closed area from and
including June 1st through September 15th of each year; however,
the closure shall not apply to vessels berthed at residential piers or
moorings located along or within the Grand Canal.
C. Restriction of Water Traffic. For such time as necessary preceding,
during and after any race, regatta, parade or other event held on the
waters of Newport Harbor, or at any other time when the City Manager
deems it necessary for the safety of persons, vessels or other property, he
or she shall have authority to restrict or prohibit waterborne traffic in the
harbor, and it shall be unlawful to willfully fail or refuse to comply with any
order, signal or direction of the City Manager, his or her deputies or
agents. For purposes of this section, waterborne traffic shall mean any
object, structure or vessel in contact with the water.
D. Towing. It is unlawful for any person operating a vessel to tow any
object, structure or vessel at a distance in excess of seventy-five (75) feet
astern of the,towing vessel.
E. No person owning, leasing, occupying or having charge or
possession of any vessel shall anchor such vessel on the Pacific Ocean
unless the vessel is continuously occupied by a person during: (1) any
nighttime hours (dusk to dawn); (2) any time period when a Small Craft
Advisory or greater has been issued by the National Oceanic and
Atmospheric Administration; and (3) during daylight hours, except for one
(1) shore excursion daily for no more than three (3) hours.
Section 146:Subsection 17.20.040(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Boarding Vessel Without Permission. No person shall climb into or
upon any vessel moored, docked or anchored in Newport Harbor, without
the consent of the owner or other person having charge thereof, except for
those authorized by the Harbormaster.
Section 147:Subsection 17.25.020(A)(1) of the Newport Beach Municipal Code
is hereby amended to read as follows: .
(1) It is unlawful and a public nuisance for any person owning, leasing,
occupying or having charge or possession of any vessel to: (a) berth or
anchor the same in Newport Harbor except within the designated areas; or
(b) anchor a vessel at any location on the open waters of the Pacific
Ocean within five hundred (500) yards of a designated protected
swimming area for a cumulative period of time that exceeds seventy-two
V�
(72) hours within any thirty (30) calendar day period. The Harbor
Resources Manager or his or her designee may authorize an extension to
the seventy-two (72) hour time limit if the Harbor Resources Manager
determines that given the particular circumstances an extension of time is
reasonable and warranted.
Section 149: Subsection 17,25.020(1)(2) of the Newport Beach Municipal Code is
hereby amended to read as follows:
2. Vessel Condition—Seaworthiness and Operability. Vessels
assigned to a mooring by permit must be maintained in an operable and
seaworthy condition. If, based upon the appearance of the vessel,
inspection by the City or Orange County Harbor Patrol or other facts, the
Harbor Resources Manager has cause to believe a vessel is not
seaworthy and operable, the Harbor Resources Manager shall give written
notice in accordance with the service requirements of Section 1.05.030 of
this Code to the permittee requesting a demonstration that the vessel is
seaworthy and operable. The permittee shall, upon written notice
specifying the date and time, demonstrate to the Harbor Resources
Manager that the vessel assigned to the mooring is seaworthy or
operable. In the event that the Harbor Resources Manager determines
that vessel is not seaworthy or operable, the permittee shall: (a)
commence re 'aairs within thirty (30) days upon service of the written
notice of such determination and complete repairs within ninety (90) days
of the commencement unless the Harbor Resources Manager, upon
written request from the permittee specifying the reasons therefore,
approves an extension of time to complete the repairs; or (b) remove the
vessel within thirty (30) days of service of the written notice of such
determination and request assignment of a different vessel that is
seaworthy and operable to the mooring within sixty (60) days after the
removal of the vessel. This section is not intended to apply to any brief
period of repair common to most vessels. The Harbor Resources
Manager may repeat his or her request to test operability and
seaworthiness as needed.
Section 149: Subsection 17.25.020(1)(4) of the Newport Beach Municipal Code is
hereby amended to read as follows:
4, If, based upon the appearance of the vessel, inspection by the City
or Orange County Harbor Patrol or other facts, the Harbor Resources
Manager determines that a sea lion has boarded a moored vessel, the
Harbor Resources Manager shall issue and serve a notice of violation in
accordance with Section 1.05.030 of the Code and the permittee shall
take any and all necessary action to employ and maintain appropriate
measures to deter sea lions from boarding the vessel within seven (7)
calendar days of the notice of violation. If the Harbor Resources Manager
determines that appropriate deterrent measures have not been taken
within seven (7) calendar days of the notice of violation, the Harbor
Resources Manager may issue an administrative citation and the
permittee shall: (a) take any and all necessary action to employ and
maintain appropriate sea lion deterrent measures; or (b) remove the
vessel. Appropriate deterrent measures shall be defined as the latest
methodology permitted by National Marine Fisheries Service to minimize
sea lion boarding of vessels assigned to a mooring.
Section 150:Subsection 17.25.020(M) of the Newport Beach Municipal Code is
hereby amended to read as follows:
M. Administration. Pursuant to an agreement between the County of
Orange and the City of Newport Beach, the the Orange County Sherriff's
Department, Harbor Patrol/Marine Operations Bureau shall administer all
provisions in this section dealing with moorings and buoys, except the
revocation of permits by the Harbor Commission and collection of all fees
hereafter.
Section 151: Subsection 17.30.030(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Nonconforming Bait Receivers. Storage of live bait other than in a
receiver conforming to the requirements hereof is prohibited. After three
(3) calendar days' written notice, served in accordance with Section
1.05.030 of the Code, to the owner of a nonconforming receiver, it may be
removed by the Harbor Resources Manager and stored at the expense of
the owner.
Section 152:Subsection 17.35.010(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Design of harbor structures shall conform to the "Waterfront Project
Guidelines and Standards, Harbor Design Criteria—Commercial and
Residential Facilities" as adopted by resolution of the City Council and as
may be amended from time to time. The applicant may submit an
alternative design for review and potential approval of the Community
Development Department prior to the issuance of a harbor development
permit using the "Alternate Material or Method of Construction" appeals
process.
Section 158: Subsection 17.35.020(E)(2) of the Newport Beach Municipal Code
is hereby amended to read as follows:
2. Any electrical service upon any pier, dock or float shall be installed
under a permit obtained from the Community Development Department.
Section 154: Subsection 17.35.020(E)(3) of the Newport Beach Municipal Code
is hereby amended to read as follows:
3. Any domestic water service upon any pier, dock, or float shall be installed
under a permit obtained from the City of Newport Beach Community
Development Department.
Section 155:Subsection 17.35.050(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. The height and design of all bulkheads and wing walls shall be subject to
the design and construction standards of the Community Development
Department.
Section 156: Subsection 17.35.050(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. All bulkhead construction permits shall be subject to a detailed
construction drawing being approved by the Community Development
Department. Drawings and substantially structural calculations shall be signed
by a Civil or Structural Engineer.
Section 157: Section 17.35.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.35.080 Parking Requirements.
Parking shall be provided pursuant to Title 20 of this Code.
Section 158: Subsection 17.40.060(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. The application for renewal shall be denied for any of the reasons
specified in Section 17.40.050; the permittee has failed to comply with any
provision of this Title during the term of the previously issued permit; or
the permittee has failed to use the vessel as permittee's principal
residence during the previous term of the permit.
Section 159: Section 17.40.150 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.40.150 Procedure for Suspension or Revocation.
In the event the Harbor Resources Manager determines there may be
grounds for suspension or revocation of a permit issued pursuant to this
Chapter, the Harbor Resources Manager shall give written notice in
Page 155
accordance with Section 1.05.030 of the Code of intent to suspend or
revoke the permit and the right of the permittee to request a hearing
before the Harbor Resources Manager within fifteen (15) working days
from the date on which notice is deemed served. The notice shall state the
reason for the proposed suspension or revocation and shall be
accompanied by any documents in the possession of the Harbor
Resources Manager that pertain to the grounds for the proposed action.
If the permittee does not request a hearing within fifteen (15) working days
of the date the notice is deemed served, the decision of the Harbor
Resources Manager shall be final and permittee shall not be entitled to an
appeal.
Section 160: Subsection 17.45.010(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. A permit for a pier, dock or float shall not be issued until the rough
plumbing for the dwelling unit or the required sanitation facilities serving
such pier, dock or float has been installed and approved by the
Community Development Department. The use of a pier, dock or float will
not be allowed until any required sanitation facilities are completed and in
operation.
Section 161:Subsection 17.45.010(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Sewage Pumping Facilities. Permission may be granted to install
and operate sewage pumping facilities for boats moored to shore -
connected structures providing such installations are first approved by the
Harbor Resources Division and the Community Development Department.
Section 162: Subsection 17.45.020(A)(1) of the Newport Beach Municipal Code
is hereby amended to read as follows:
1. On July 14, 1986, the City Council created the Coastal Bay Water
Quality Citizens Advisory Committee (now the Water Quality/Coastal
Tidelands Committee) in response to growing concerns about the
deterioration of the quality of water in Newport Bay. The Committee was
specifically empowered to develop information, and make
recommendations, on proposed measures to improve water quality of the
bay.
Section 163: Subsection 17.45.020(A)(2) of the Newport Beach Municipal Code
is hereby amended to read as follows:
2. The Committee has, since its inception, conducted monthly
meetings and received testimony from representatives of the Regional
Water Quality Control Board, the Orange County Health Department, the
r i . 0
Harbor Master, businesses that utilize Newport Bay, and experts in the
field of water quality.
Section 164: Subsection 17.45.420(B)(4) of the Newport Beach Municipal Code
is hereby amended to read as follows:
4. The application, plans and specifications required by this chapter shall be
reviewed by the Harbor Resources Manager to determine if the proposed work
meets all requirements of this chapter and other provisions of the Newport Beach
Municipal Code. The Harbor Resources Manager shall issue the permit if the
proposed pumpout station complies with all applicable ordinances, rules and
regulations. A separate permit will be required from the Building Official prior to
installation of the pumpout facility.
Section 165: Subsection 17.45.030(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Discharge of Treated or Untreated Human or Animal Excreta. No
person shall discharge, permit or allow any other person on a vessel
under his or her control or command to discharge any treated or untreated
human or animal excreta from any head, toilet or similar facility on a
vessel into the waters of Newport Bay or the Pacific Ocean.
Section 166`. Subsection 17.45.030(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Refuse and Vessels on Shoreline. No person shall place or allow
vessels, boats, materials, garbage, refuse, timber or waste matter of any
description to remain on or upon the shorelines of the Pacific Ocean or on
the shorelines of Newport Harbor within the City. The Harbor Resources
Managermay remove the same with or without notice, at his or her option,
and the cost thereof may be recovered from any person owning the same,
or placing or causing it to be placed on the shoreline, in a civil action.
Section 167: Subsection 17.45.030(H) of the Newport Beach Municipal Code is
hereby amended to read as follows:
H. Signs Concerning Sanitation Regulations. The owner or operator
of any commercial boat docking facility or marina located on the waters of
Newport Bay shall install and maintain at his or her expense in
conspicuous locations on the premises thereof standard signs to inform
the public of the regulations prohibiting the discharge of toilets on any
vessel into the waters of Newport Bay and other provisions of this title
which relate to harbor sanitation. Uniform standards and specifications for
the design and general locations of such signs shall be prescribed by the
Harbor Commission.
Page 157
Section 168: Section 17.50.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.50.020 Application for Harbor Development Permits,
A. Required Forms. Applications for authority to erect, revise and do
maintenance work on structures shall be filed in the office of the
Community Development Department and the Harbor Resources Division
in writing on forms prescribed by the Building Official. Plans showing the
location, extent and character of the proposed work and required fees
shall accompany the application. The Community Development
Department shall not issue a permit without prior approval of the Harbor
Resources Division.
B. Required Materials. Applications shall be accompanied by all
plans, maps, and other materials required by the prescribed forms, unless
specifically waived by the Building Official. The Building Official may
request additional materials deemed necessary to support the application.
Plans accompanying the application must comply with the Newport Beach
Administrative Code adopted by the City of Newport Beach.
C. Required Signatures. Application for discretionary approvals may
be made by the owner, lessee, or agent of the owner of the property
affected. The application shall be signed by the owner of record or may be
signed by the lessee or by an authorized agent if written authorization
from the owner of record is filed concurrently with the application. The
application must be signed by the Harbor Permittee or his or her
authorized agent. The applicant has the opportunity of submitting
"Alternate Materials of Design and Methods of Construction" that may
deviate from the design criteria through the appeal process. Sufficient
justification must be provided to the City to review any appeal request. If
such a request is desired, obtain the necessary form from the City.
D. Fees. Applications shall be accompanied by a fee as established
by resolution of the City Council.
Section 169: Subsection 17.50.030{A} of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. The application and plans and specifications shall be reviewed by
the Harbor Resources Manager and Community Development Department
to determine whether the proposed work meets all the requirements of this
Code and any standards and policies adopted by the City Council or
required by State or Federal regulatory agencies for such construction or
work.
Section 170:Subsection 17.50.030(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Before issuing a permit for any work on oceanfront beaches or for
any unusual type of harbor structure, or for a structure on which the
applicant proposes a use that is not in keeping with the surrounding area,
all property owners or long-term lessees within three hundred (300) feet of
the proposed work shall be notified in writing by the Harbor Resources
Division of the pending application. Notice will be sent ten days prior to a
decision by the Harbor Resources Division, and after the department has
rendered a decision. The permit shall not be issued until the appeal
period provided in Chapter 17.85 expires.
Section 171: Subsection 17.50.040(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Approval. The Community Development Department is authorized
to approve and issue new permits and revisions to existing permits that
conform to the design criteria and all applicable standards and policies in
conjunction with plan reviews by the Harbor Resources Division.
Section 172: Subsection 17.50.050(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Acceptance of Provisions. it is understood and agreed by the
permittee that the doing of any work under the permit shall constitute an
acceptance of all the applicable provisions of the Municipal Code.
Section 173: Subsection 17.50.050(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Inspection. Inspection shall be done by the Community
Development Department for conformity with the California Building Code,
design criteria and the approved plans.
Section 174:Section 17.55.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.55.040 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters,
wetlands, and estuaries. shall be limited to uses consistent with the
Section 30233 of the California Public Resources Code (Coastal Act) and
the certified Local Coastal Program.
Section 175: Subsection 17.60.040(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Unpaid Fees. When the permittee is in arrears for a period of
ninety (90) days or more, the Harbor Resources Manager may, at his or
her discretion, revoke the permit upon five (5) days' written notice to the
permittee by first class mail to the address shown on the permit. If the
mooring is not removed by the permittee within thirty (30) days after
cancellation of the permit, then it shall be deemed abandoned and the title
thereto shall vest in the City. Mooring permittee may apply for
reimbursement for the value of the mooring equipment pursuant to
subsection (M) of this section.
Section 176: Section 19.04.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
19.44.070 Interpretation of Code Provisions.
A. Interpretations. Where uncertainty exists regarding the
interpretation of any provision of this Code or its application to a specific
subdivision, project or property, the Community Development Director
shall determine the intent of the provision for all chapters, except that the
City Engineer shall determine the intent of provisions in Chapters 19.28
(Subdivision Improvements), 19.32 (Improvement Plans), 19.36
(Completion of Improvements), 19.56 (Final Map Filing), 19.60 (Final Map
Review) and any other section in which the City Engineer is specified as
the relevant staff authority.
B. Appeals. Any interpretation of the provisions of this Code by the
Community Development Director or the City Engineer may be appealed
to the Planning Commission under the same procedures as set forth in
Title 20,
Section 177: Subsection 19.04.080(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C, Enforcement Responsibility. It shall be the duty of the Community
Development Director or the director's authorized representative to
enforce the provisions of this Title.
Section 178: The definition of the term "Community Development Director' is
hereby added to Subsection 19.04.090(8) of the Newport Beach Municipal Code to read
as follows:
"Community Development Director" means the Community Development
Director for the Community Development Department or his or her
designee.
Section 179: The definition of the term "Planning Director" in Subsection
19:04.090(8) of the Newport Beach Municipal Code is hereby repealed in its entirety.
Section 184: Subsection 19.08.030(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Filing Requirements. Application for a parcel map waiver shall be
made on forms provided by the Community Development Department and
shall include such items as may reasonably be required to make the
necessary findings. A filing fee shall be paid as established by resolution
of the City Council,
Section 181: Subsection 19.08.040(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Filing. Tentative maps shall be filed with the Community
Development Department by a record owner or owners of the property to
be divided or by their authorized agents. The required number of copies
of the tentative reap shall be as promulgated in writing by the Community
Development Director.
Section 182: Subsection 19.08.040(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Form and Content. Tentative tract and tentative parcel maps shall
be prepared )y a civil engineer registered in the State of California in
accordance with the Subdivision Map Act and this Code. Tentative maps
shall be in map form in size, scale and format as specified by the
Community Development Director and shall be accompanied by other
reports, exhibits, information and materials as required by the director.
The director shall provide application forms and a list of required tentative
map information on request.
Section 183: Section 13.12.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
19.12.020 Prefiling Conference.
Prior to the submission of a tentative map, the subdivider may submit to
the Community Development Department maps, plans and other
information concerning the proposed subdivision. The Department shall
thereupon schedule a conference with the subdivider to provide
information and recommendations regarding the subdivision design,
grading, required improvements and related matters. Such a prefiling
conference is optional to the subdivider and shall not be a prerequisite to
filing a tentative map.
'.r-
Section 184: Subsection 19.12.040(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Subdivider's Responsibilities. The subdivider • shall submit information
as required by the Community Development Director sufficient to permit
environmental review of the project in accordance with the California
Environmental Quality Act, the Zoning Code and City procedures. The
subdivides' shall also pay all fees required for the completion of
environmental review including, but not limited to, the preparation of an
environmental impact report, if required.
Section 185: Subsection 19.12.040(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Exemption for Parcel Maps. Upon submission of a tentative parcel
map, the Community Development Director shall determine if the parcel
map is categorically exempt from environmental review pursuant to
Section 15315 of the California Environmental Quality Aet Guidelines.
Section 186:Subsection 19.12.050(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Staff Report. After review and analysis of a tentative tract map, the
Community Development Director shall forward a report, together with a
recommendation of approval, approval subject to conditions, or denial to
the Planning Commission. Also, at least (3) three days prior to any hearing
or action on the tentative tract map, the staff report shall be sent to the
subdivider, to each fee owner of the subject property if other than the
subdivider, and, in the case of a proposed conversion to a condominium,
community apartment or stock cooperative project, to each tenant of the
subject property.
Section 187: Subsection 19.20.040(C)(5) of the Newport Beach Municipal Code
is hereby amended to read as follows:
5. Any additional plans, reports or studies required by the City which are,
in the opinion of the Community Development Director, necessary to
process the subdivision of land and development thereon.
Section 188:Subsection 19.24.010(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Street Names. Street names may be proposed by the subdivider and
shall be approved by the Community Development Director, in
consultation with the Fire Chief. Names shall be selected which are not
duplicates or near duplicates of existing street names in the City and
which are reasonably pronounceable for purposes of identification and the
provision of emergency services.
Section 189:Subsection 19.24.020(6) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Residential Lots Abutting Arterials. Residential lots shall not take
direct access from arterial or collector roads and shall not front onto such
roads unless served by a common parking facility and driveway(s)
designed in accordance with the Off -Street Parking Regulations in Title 20
and approved by the tentative map decision making body. Alternatively,
the decision making body may require that access be provided via a
frontage road between an arterial road and the residential lots.
Section 190: Subsection 19.54.040(A)(3) of the Newport Beach Municipal Code
is hereby amended to read as follows:
3. Affordable units required to be replaced under the provisions of Title
20 of this Code for Low and Moderate Income Housing Within the Coastal
Zone shall not be eligible for fulfilling the number of affordable units
required under the provisions of this Chapter.
Section 191:Subsection 19.54.060(6)(5) of the Newport Beach Municipal Code
is hereby amended to read as follows:
5. Any additional information requested by the Community Development
Director to assist in the evaluation of the AHIP.
Section 192: Subsection 19.54.060(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Appeal of Review Authority's Decision. The decision of the review
authority may be appealed in compliance with the procedure and process
for Appeals contained within Title 20 of this Code.
Section 193: Subsection 19.60.010(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Final Tract Maps. If the City Engineer determines„ after consultation
with the Community Development Director, that a final tract map conforms
to the applicable tentative tract map and its conditions of approval, the
final map shall be forwarded to the City Council for review.
Section 194:Subsection 19.60.010(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Final Parcel Maps. If the City Engineer determines, after consultation
with the Community Development Director, that a final parcel map
conforms to the applicable tentative parcel map and its conditions of
approval, the final map shall be released for recordation.
Page 163
Section 195: Subsection 19.64.040(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Evidence of Tenant Notification. Each application for conversion
shall include evidence to the satisfaction of the Community Development
Director that the notification requirements specified in subsections (A) and
(B) of this section have been or will be satisfied.
Section 196: Subsection 19.64.070(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Off -Street Parking Requirements.
1. Residential Conversions. The minimum number, and the
design and location of off-street parking spaces shall be provided in
conformance with the provisions of the Off -Street Parking
Regulations contained within Title 20 of this Code, in effect at the
time of approval of the conversion.
2. Nonresidential Conversions. The number of off-street parking
spaces that were required at the time of original construction shall
be provided on the same property to be converted to condominium
purposes, and the design and location of such parking shall be in
conformance with the provisions of the Off -Street Parking
Regulations contained within Title 20 of this Code.
Section 197: Subsection 19.64.070(F) of the Newport Beach Municipal Code is
hereby amended to read as follows:
F_ The applicant for a condominium conversion shall request a special
inspection from the Community Development Department for the purpose
of identifying any building safety violations. The applicant shall correct all
identified safety violations prior to approval of a final map for the
condominium conversion.
Section 198: Subsection 19.64.080(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Parking. The decision making body may modify or waive the parking
requirements of Section 19.64.070(A) in accordance with the waiver
procedures of Title 20 of this Code for Off -Street Parking.
Section 199:Subsection 19.68.030(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Application. Mergers of contiguous lots involving four (4) or fewer
parcels under one (1) fee ownership may be initiated by the owner of the
fee interest. An application for a lot merger shall be filed in a manner
consistent with the requirements contained in Title 20 of this Code relating
to the filing of an application. Application for merger of contiguous parcels
shall be made on forms provided by the Community Development
Department and shall include such items as may reasonably be required
to make the necessary findings. An application shall be accompanied by a
fee set by resolution of the City Council,
Section 200: Subsection 19.68.030(6) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Required Plans and Materials. In addition to the other application
materials required by Title 20 of this Code, an application for a lot merger
shall be accompanied by an exhibit showing the lots to be merged, the
property lines of the adjoining parcels, and structures on and adjacent to
the lots to be merged.
Section 201: Subsection 19.68.030(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Community Development Department Review. An application for a
lot merger is hereby initially reviewed by the Community Development
Department in accordance with Title 20 of this Code.
Section 202: Subsection 19.68.030(F) of the Newport Beach Municipal Code is
hereby amended to read as follows:
F. Public Hearings. Lot mergers shall require a public hearing before
the Zoning Administrator. Procedures for noticing and conduct of hearings
shall be in accordance with Title 20 of this Code.
Section 203: Subsection 19.68.030(N) of the Newport Beach Municipal Code is
hereby amended to read as follows:
N. Expiration and Amendments. Expiration of and amendments to lot
merger approvals shall be in accordance with Permit implementation,
Time Limits, and Extension contained in Title 20 of this Code.
Section 204: Subsection 19.72.020(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
6. Filing. Application for a reversion to acreage shall be made on
forms provided by the Community Development Department and shall
include the information and materials specified in Section 66499.13 of the
Subdivision Map Act. A filing fee may be required as established by
resolution of the City Council.
Section 205:Subsection 19.76.020(A) of the Newport Beach Municipal Code is
hereby amended to read as follows:
A. Application. An application for a lot line adjustment shall be filed in
accordance with the requirements contained in Title 20 of this Code
relating to the filing of an application. The owners of the fee interest of all
parcels involved shall sign the application form.
Section 206: Subsection 19.76.020(6) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Required Plans and Materials. In addition to the other application
materials required by Title 20 of this Code, an application for a lot line
adjustment shall be accompanied by an exhibit showing the line or lines to
be adjusted, the property lines of the adjoining parcels, and structures
adjacent to the line or lines to be adjusted.
Section 207:Subsection 19.76.020(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Community Development Department Review. An application for a
lot tine adjustment shall be initially reviewed by the Community
Development Department in accordance with Title 20 of this Code.
Section 208: Subsection 19.76.020(G) of the Newport Beach Municipal Code is
hereby amended to read as follows:
G. Public Hearings. Lot line adjustments shall require a public hearing.
Procedures for noticing and conduct of hearings shall be in accordance
with Title 20 of this Code.
Section 209: Section 19.80.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
19.80.020 Review Per Map Act (66499.35).
The Community Development Director shall process certificates of
compliance in accordance with the provisions of Section 66499.35 of the
Subdivision Map Act.
Section 210: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 211: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
�.
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 212: Neither the adoption of this ordinance nor the repeat of any other
ordinance of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal provisions applicable to any
violation thereof. The provisions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and continuations, and not as new
enactments.
Section 213: The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Section 214: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 215: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published once in the official newspaper of the City, and it shall be effective thirty (30)
days after its adoption.
[CONTINUED ON NEXT PAGE.]
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 14th day of May, 2013, and adopted on the 28th day
of May, 2013, by the following vote, to -wit:
AYES, COUNCILMEMBERS
Henn, Daigle, Mayor Curry
Gardner, Petros, Selich,
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS Hill
Keith D. Curry
ATTEST:
auiv
LEILANI I. BROWN, CITY"CLERK
APPROVED / S TO FORM:
CITY AT 0' NEY'S FF CE
4
AAKOC NSC. HARP, CITY AT'
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; that the foregoing ordinance, being
Ordinance No. 2013-11 was duly and regularly introduced on the 14th day of May, 2013, and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28' day of
May, 2013, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Henn, Daigle, Mayor Curry
Nays: None
Absent: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 291h day of May, 2013.
CERTIFICATE OF PUBLICATION
STATEE OF CALIFORNIA }.
CCUNT"Y OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013-11 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: May 18, 2013
Adopted Ordinance: June 1, 2013
In witness whereof, I have hereunto subscribed my name this —14'qday of ���/ 2013.
wYfir.ay/
1/1
U[ -ow
City Clerk
City of Newport Beach, California
(Seal)
City Clerk
' ' •�`�'�;
City of Newport Beach, California
t. a•
Seal
(Seal)
CERTIFICATE OF PUBLICATION
STATEE OF CALIFORNIA }.
CCUNT"Y OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013-11 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: May 18, 2013
Adopted Ordinance: June 1, 2013
In witness whereof, I have hereunto subscribed my name this —14'qday of ���/ 2013.
wYfir.ay/
1/1
U[ -ow
City Clerk
City of Newport Beach, California
(Seal)