Chapter 17.60
HARBOR PERMITS AND LEASES

Sections:

17.60.010    Permits and Public Trust Lands Leases—General.

17.60.020    Application for Permits.

17.60.030    Pier Permits for Noncommercial Piers.

17.60.040    Mooring Permits.

17.60.050    Houseboats.

17.60.060    Public Trust Lands.

17.60.080    Appeal.

17.60.010 Permits and Public Trust Lands Leases—General.

The State of California became the owner of tidelands on admission to the Union in 1850. The City manages those tidelands pursuant to various legislative grants from the State. The State Lands Commission, which administers tidelands, generally requires a trustee to negotiate leases on the basis of the current market value of the parcel. Failure of a trustee to receive consideration approximating the fair market value of leased tidelands could, under certain circumstances, be considered a violation of the legislatively imposed public trust. The City manages the tidelands through a series of permits, franchises and leases. The Public Works Director shall have the authority to approve, conditionally approve, or disapprove applications for the uses and activities that require a harbor permit by the individual chapters of this Code, unless the authority is specifically assigned to the City Manager, Harbormaster, Harbor Commission or the City Council. (Ord. 2018-17 § 53, 2018: Ord. 2013-1 § 7, 2013: Ord. 2008-2 § 1 (part), 2008)

17.60.020 Application for Permits.

A.    Required Forms. Applications for permits which pertain to the harbor under the provisions of this title shall be filed in the Public Works Department, in writing, on forms prescribed by the Public Works Director.

B.    Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Public Works Director. The Public Works Director may request additional materials deemed necessary to support the application.

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.

D.    Fees. Applications and renewals shall be accompanied by a fee as established by resolution of the City Council.

E.    Tidelands Users. Users of public tidelands, including commercial and noncommercial users, shall be subject to rental or lease charges reflective of the fair market value related to such use as established by the City Council with the assistance of an appraisal. (Ord. 2018-17 §§ 54, 55, 2018; Ord. 2013-1 § 8, 2013; Ord. 2008-2 § 1 (part), 2008)

17.60.030 Pier Permits for Noncommercial Piers.

A.    Pier Permits. Upon the request of the abutting upland residential property owner, lessee or agent of the owner, and in accordance with all applicable laws, a residential pier permit shall be issued for up to ten (10) years. The City shall extend the term of any residential pier permit for up to ten (10) years upon: (1) permit expiration and the request of the owner, lessee or agent of the owner; or (2) upon sale of the abutting upland property and the request of the new owner, lessee or agent of the owner. The maximum term of any permit issued hereunder, with extensions, shall be fifty (50) years. After fifty (50) years, the abutting upland residential property owner, lessee or agent of the owner shall be required to apply for a new residential pier permit.

B.    Rental Fees.

1.    Rental Fee Required. Every owner or permit holder who maintains a pier used for noncommercial purposes, any part of which extends into public tidelands, shall pay to the City the applicable pier permit rental fee for such portions of the pier that extend into public tidelands, as established by City Council resolution.

C.    Transfer of Noncommercial Pier Permits.

1.    Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City.

2.    Whenever a permittee sells the abutting residential upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Public Works Department. Failure to apply for a transfer within thirty (30) days from the date that the abutting upland residential property changed ownership will result in an additional fee as established by resolution of the City Council.

3.    Along with the City Manager, the Public Works Director is authorized to approve transfers to the new owners or long-term lessee of the abutting upland residential property.

4.    Prior to the transfer of a pier permit, all harbor structures shall be inspected for compliance with the City’s minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit.

5.    Noncommercial piers may be rented/leased by the owner(s) or occupant(s) of the abutting property to a third party. Such rental/lease shall not be deemed a transfer under this section. (Ord. 2018-17 §§ 56, 57, 2018; Ord. 2014-8 § 1, 2014; Ord. 2013-27 § 3, 2013: Ord. 2013-1 § 9, 2013: Ord. 2008-2 § 1 (part), 2008)

17.60.040 Mooring Permits.

A.    Permit Required. No person shall place, erect, construct, maintain, use or tie to a mooring in the waters of Newport Harbor over City-owned or controlled tidelands without first having obtained a mooring permit from the Harbormaster or having otherwise complied with this section. A mooring permit is in the nature of license for the temporary use of a specific location within the Newport Harbor.

B.    Issuance of Permit—Conditions. The Harbormaster, in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub-permit to allow the mooring permittee or mooring sub-permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective date of this chapter, a mooring permittee may hold up to two mooring permits at any time. A mooring permittee that holds more than two mooring permits prior to the effective date of this chapter may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred under this chapter.

1.    Exceptions.

a.    The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, “yacht clubs”) currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, except as noted in subsection (B)(3)(f) of this section. In addition, the Lido Isle Community Association (“LICA”) has permits for onshore moorings on Lido Isle. These organizations shall hold their respective permits under the yacht club, or respective organization name, for the moorings identified by the City as under their respective control at the time of enactment of the ordinance codified in this section. The yacht clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to yacht club members and members of LICA, respectively. The yacht clubs and LICA shall keep accurate records of the name and address of the club members and community association members to which each mooring has been assigned. The yacht clubs and LICA may not sell or otherwise transfer the moorings under their control to a third-party that is not a member of the yacht club or LICA. Mooring records shall be provided annually to the Harbormaster on or before February 1st.

b.    Mooring of a Tender. A single vessel no longer than fourteen (14) feet in overall length to serve as access to and from the assigned vessel may be secured to the assigned vessel or may be secured to the offshore mooring in the absence of the assigned vessel. Notwithstanding the single vessel restriction, permitted live-aboards may secure up to two vessels no longer than fourteen (14) feet in overall length to the assigned vessel, to serve as access to and from the assigned live-aboard vessel.

c.    Multiple Vessel Mooring System Program. The Harbormaster may approve a multiple vessel mooring system in the mooring areas of Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring system shall be submitted in writing to the Harbormaster, who shall evaluate the application based upon standards he or she shall have established.

2.    Permit Requirements. Each mooring permit may be issued for up to two natural persons (“mooring permittee(s)”) who shall be individually and collectively responsible for all activities related to the mooring permit. To the satisfaction of the Harbormaster, the mooring permittee(s) shall:

a.    Identify on the permit the full legal name(s), current address(es), current telephone number(s) and current e-mail address(es), if one exists, of the mooring permittee(s);

b.    Agree to be responsible for permit rent, fees, maintenance and repair of mooring equipment;

c.    The permit for joint ownership moorings shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the mooring permit;

d.    Grant permission to the City to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub-permit;

e.    Agree to defend and indemnify the City and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the mooring permit except where the claim or loss arises from the sub-permittee’s damage of the mooring, or out of the negligence and/or misconduct of a person assigned the mooring as a mooring sub-permittee under subsections (G) and/or (H) of this section;

f.    Provide proof of insurance on a vessel as may be determined by the City’s Risk Manager;

g.    Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbormaster;

h.    Agree to pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the Harbormaster, which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor;

i.    Agree that the mooring permit does not provide any ownership interest in the underlying tidelands, which are held in trust by the City and owned by the people of the State of California; and

j.    Authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster.

3.    Permittee/Transferee Qualifications. A mooring permit may be held by, or transferred to, only the following persons:

a.    A natural person(s) holding title to an assigned vessel;

b.    An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, but only for the period of time prior to distribution of the estate;

c.    An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust;

d.    An approved transferee whose vessel and/or mooring permit are subject to any of the terms and conditions stated in subsection (E) of this section;

e.    A marine contractor, or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance and dredging);

f.    Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities;

g.    The Balboa Yacht Club, Newport Harbor Yacht Club (collectively “yacht clubs”) and the Lido Isle Community Association—only for those moorings assigned by the City within certain established mooring areas or locations, prior to the enactment of the amended ordinance codified in this section. These designated mooring areas may not be expanded. The boundaries of these mooring areas are graphically depicted by National Oceanographic and Atmospheric Administration (“NOAA”) Chart Number 18754. Yacht clubs shall be entitled to a maximum number of moorings as can be accommodated in the mooring fields designated in NOAA Chart Number 18754 and at a minimum the current number of moorings assigned to them as of the effective date of the ordinance codified in this section.

C.    Plans and Specifications Required. No mooring permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed:

1.    In accordance with standard plans and specifications approved by the Harbormaster and at a location approved by the Harbormaster; or

2.    In accordance with other plans and specifications for such mooring or buoy which have been submitted by the applicant, showing the construction of such proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbormaster.

D.    Late Fees. A ten (10) percent late charge shall be added to all payments due but not received by City by the due date.

E.    Transfer of Permit. No mooring permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter, except:

1.    When transferred from a natural person to another member of his or her immediate family, which shall be defined for the purposes of this section as the mooring permittee’s spouse and heirs at law to the second degree of consanguinity; or

2.    Except when transferred to immediate family, a mooring permit may only be transferred under this subsection up to one time in any twelve (12) month period.

F.    Procedures for Transfers. Permits shall not be transferred without the prior written approval of the Harbormaster. The Harbormaster may approve the transfer of a mooring permit under the procedures set out below:

1.    The mooring permittee(s) (or, if the permittee is deceased or incapacitated, the transferee) shall submit to the Harbormaster:

a.    A completed mooring transfer form (on the form provided by the Harbormaster); and

b.    Documentation that the proposed new mooring permittee (transferee) qualifies as a mooring permittee under subsection (B)(3) of this section.

2.    If transferee intends to purchase an assigned vessel but does not have title on the assigned vessel owned by the mooring permittee and transferor at the time of transfer, then:

a.    Within sixty (60) days of a transfer, transferee shall submit to the Harbormaster a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee’s ownership of the assigned vessel or, in the case of an onshore mooring, a photograph of the assigned vessel if it is not subject to vessel registration laws; or

b.    If such documentation is not received by the Harbormaster within the sixty (60) day period, then the vessel or the mooring may be impounded, the mooring may be deemed vacant and may be assigned pursuant to subsections (G) and (H) of this section.

3.    If transferee intends to moor a vessel other than the assigned vessel and does not have title to the vessel that will be moored at the time of transfer, then:

a.    Within sixty (60) days of an approved transfer, the transferee shall notify the Harbormaster that the assigned vessel has been removed from the mooring and before a new vessel may be placed on the mooring shall submit to the Harbormaster a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee’s ownership of the new assigned vessel, or in the case of a shore mooring, a photograph of the new assigned vessel if it is not subject to vessel registration laws; or

b.    If the documentation is not received within sixty (60) days of a transfer, the mooring may be deemed vacant by the Harbormaster and the mooring may be assigned pursuant to subsections (G) and (H) of this section. The mooring may remain vacant until such time the permittee notifies the Harbormaster of their intent to assign their vessel to the mooring.

4.    The transfer request shall be denied unless mooring permit rent, including late payment fees, is paid current; required mooring inspections are current; required maintenance and repairs are complete and there are no derelict or unauthorized vessel(s) on the mooring.

5.    The mooring permittee and transferee shall provide a written agreement to defend and indemnify the City of Newport Beach in any dispute with a third party over transferee’s right to be the mooring permittee or in any dispute with a third party over the mooring permittee’s right to transfer the permit.

6.    Transfer Approval. Upon confirmation of compliance with this subsection, the Harbormaster must find all of the following conditions to approve the transfer of a mooring permit:

a.    The mooring permittee no longer owns the assigned vessel or has retained ownership of the assigned vessel and has permanently vacated the mooring;

b.    The transferee has met all the qualifications and conditions for issuance of a permit in subsection (B) of this section;

c.    The transferor or transferee has reported to the Harbormaster the price paid for the mooring permit, and has paid to the City the required transfer rental charge; and

d.    The transferor represents that he/she/it did not discriminate against any transferee or prospective transferee because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

7.    The Harbormaster may approve a one-for-one exchange of moorings between two mooring permittees, subject to compliance with this subsection without any transfer rental advance charge imposed by the City.

8.    The Harbormaster may approve the changing of an assigned vessel on the permit, subject to the requirements of subsection (B) of this section, without any transfer rental advance charge imposed by the City.

9.    Following an approved transfer, the Harbormaster shall list the transfer price of the mooring permit on a publicly available website hosted by the City, or on a third-party’s website under contract with the City to host information regarding mooring permit transfers.

G.    City’s Authority to Assign Moorings through Use of Sub-Permits. With the exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle Community Association’s designated moorings, mooring permittee may not rent, assign, or transfer the use of the mooring to any other person. With the exception of moorings issued to mooring permittees described in subsection (B)(3)(e) of this section, City shall have the authority to assign vacant moorings to sub-permittees pursuant to the following provisions:

1.    Deemed Vacant Moorings. City may assign deemed vacant moorings through the issuance of sub-permits at its own discretion. Sub-permits may be renewed upon availability. The mooring permittee may reclaim its mooring upon three days’ prior written notice to City of its intent to return the assigned vessel to the mooring.

A “deemed vacant mooring” shall be defined as a mooring upon which:

a.    An assigned vessel has not been attached for thirty (30) consecutive days or more; or

b.    A vessel, other than an assigned vessel, has been attached for thirty (30) days or more; or

c.    Required documentation for an assigned vessel has not been provided for a transfer request pursuant to subsection (E) of this section.

2.    Noticed Vacant Moorings. City may assign noticed vacant moorings at its own discretion through the issuance of a mooring sub-permit for any period of time, up to the reoccupation date on mooring permittee’s written notice, or the twenty-four (24) hour written notice per subsection (G)(2)(b) of this section. If the mooring continues to be vacant for thirty (30) days past the reoccupation date indicated on mooring permittee’s notice, and there is no further written notice from mooring permittee, the mooring shall become a deemed vacant mooring.

a.    Mooring permittee may provide written notice to City of its intent to vacate its mooring for fifteen (15) days or more. These moorings shall be “noticed vacant moorings.” Written notice shall include the date the mooring permittee intends to vacate his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned vessel.

b.    If mooring permittee provides written notice, the mooring permittee may reclaim the assigned mooring on the reoccupation date indicated in his/her written notice or, if the mooring permittee returns prior to or after the reoccupation date, upon twenty-four (24) hours’ written notice to the City.

H.    Procedures for Mooring Sub-Permit Issuance. Any natural person wishing to use a mooring pursuant to the issuance of a sub-permit must enter into a written mooring sub-permit agreement with the City that includes the following:

1.    A written representation of the current vessel length which shall be satisfactory to the Harbormaster;

2.    An agreement to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to require the mooring sub-permittee provide proof of insurance as may be determined by the City’s Risk Manager; to require registration or other proof of ownership; to require an equipment damage deposit, all to the satisfaction of the Harbormaster; and authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster;

3.    The repair of any damage to the mooring equipment shall be paid by the mooring sub-permittee. If the mooring is damaged by a vessel assigned by the City, or the City’s agent, the City will arrange for the repair of the mooring with a qualified vendor and provide notice to the permittee of the occurrence and the arranged repair date. Should the sub-permittee fail to pay for the damage for any reason, the City will pay for the required repairs to the mooring, and then seek reimbursement from the sub-permittee. Also, the City will make available a mooring without charge for the returning vessel of the mooring permittee until such time as their permitted mooring is repaired;

4.    Mooring sub-permittees shall provide approved mooring lines which shall be removed at the end of the rental period;

5.    A mooring sub-permit agreement may be up to fifteen (15) days and may terminate at any time for any reason, and may be renewed based on availability. Upon return of the assigned vessel to the mooring, the Harbormaster will attempt to reassign the sub-permittee to another mooring. Mooring sub-permittees have no right of renewal or substitute moorings upon return of the assigned vessel, or upon termination of a mooring sub-permit agreement for any reason. Mooring sub-permittees accept an indefinite term at their own risk;

6.    The mooring sub-permit rent will be based on a rate established by the Newport Beach City Council;

7.    Live-aboards may be temporarily permitted as sub-permittees pending vessel inspection, for a period not to exceed fifteen (15) days in any twelve (12) month period;

8.    Mooring sub-permits shall be offered to the public on a first-come, first-served basis;

9.    Subject to the Harbormaster’s approval, a mooring may be loaned free of charge by the mooring permittee to a vessel other than the assigned vessel for no more than thirty (30) consecutive days; provided, that:

a.    The mooring permittee provides the Harbormaster with written notice identifying the vessel that will use the mooring;

b.    The mooring permittee has not loaned the mooring for more than sixty (60) days in the twelve (12) month period that immediately precedes the commencement of the current mooring loan;

c.    The vessel owner requesting a loan has not previously been the recipient of loans for more than ninety (90) days in the previous twelve (12) months; and

d.    The vessel owner authorizes the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbormaster.

I.    Mooring Permit Transfer Nonrefundable Rental Charge. The City shall charge the mooring permittee for the right to transfer a mooring permit under subsection (E) of this section in an amount equal to seventy-five (75) percent of the annual mooring rent as established by City Council resolution. This transfer charge represents a one-time nonrefundable rental advance for the use of a mooring. A mooring permit transfer charge shall not be required if:

1.    The transfer is from the mooring permittee to the same mooring permittee as trustor of an inter vivos trust, living trust or other similar estate planning tool;

2.    The transfer is made under subsections (F)(7) and (8) of this section; or

3.    The transfer is made pursuant to subsection (E)(1) of this section.

J.    Surrendered Mooring Equipment. If the mooring permittee sells, transfers, or otherwise no longer owns the assigned vessel and does not intend to apply for, or does not receive, approval to transfer the permit to another, the permittee may provide written notice to the Harbormaster of his or her intent to surrender the mooring permit; otherwise the provisions of subsection (G) of this section regarding a vacant mooring shall apply.

Once a mooring permit is surrendered, the mooring permittee shall remove the assigned vessel and/or the mooring equipment thirty (30) days after written notice of surrender of the permit, or, upon failure to remove the mooring equipment, title shall vest in the City and the City shall compensate mooring permittee the fair value for the mooring equipment, less rent or fees owed, as provided in subsection (L) of this section.

K.    Revocation of Permit.

1.    Grounds for Revocation. A mooring permit or sub-permit may be revoked upon any of the following grounds set forth in Section 17.70.020, or any successor section, or for any of the following:

a.    The moored vessel or the mooring equipment has been determined to violate the applicable mooring regulations in Section 17.25.020, or any successor section, and the mooring permittee or sub-permittee has not made the necessary corrections or repairs within the time required;

b.    The mooring permittee or sub-permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements;

c.    Living aboard a vessel assigned to a mooring without a live-aboard permit unless otherwise noted in subsection (G) of this section;

d.    When the mooring permittee or sub-permittee fails to pay any mooring rent or fee when due and is in arrears for a period of sixty (60) days or more; or

e.    When the mooring permittee has sublet their mooring in violation of this title.

2.    Notice and Hearing. In the event the Harbormaster determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbormaster shall proceed in the manner described by Section 17.70.020, or any successor section.

3.    Upon revocation, it shall be the duty of the mooring permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the Harbormaster and the cost of mooring equipment removal shall be paid by the mooring permittee. Any moored vessel or equipment not removed within thirty (30) days may be impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment.

4.    During any revocation proceeding under this subsection, if the mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbormaster.

L.    Moorings Reverting Back to City. Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection (F) of this section, or for any other reason, the following shall apply:

1.    The mooring permittee shall be entitled to recover all of mooring permittee’s mooring equipment within thirty (30) days of reversion;

2.    If mooring permittee does not recover his or her mooring equipment, mooring permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbormaster and as set in the City’s master fee resolution, after any and all past due rent and fees, if applicable, have been satisfied; and

3.    The mooring may be publicly auctioned by the City, or the City’s designated representative, or the mooring may be used for other City purposes. (Ord. 2018-17 § 58, 2018: Ord. 2017-7 § 3, 2017: Ord. 2013-11 § 175, 2013; Ord. 2010-26 § 5, 2010: Ord. 2008-2 § 1 (part), 2008)

17.60.050 Houseboats.

A.    Moorage Restrictions. No person shall moor or dock a houseboat on the waters of Newport Harbor.

B.    No person shall use or occupy or permit the use or occupancy of a houseboat for living quarters either permanently or on a temporary basis on the waters of Newport Harbor. (Ord. 2008-2 § 1 (part), 2008)

17.60.060 Public Trust Lands.

The following restrictions shall apply to public trust lands under either a permit or a lease:

A.    Leases/Permits. In the event public trust lands are used by an entity other than the City, then that entity shall enter into a lease or permit with the City.

1.    Leases shall provide lessees with a leasehold interest in the property for a period of at least five years, not to exceed a period of time as limited by the City Charter or applicable State law.

2.    Permits shall provide permittees with an interest in the property for a period of ten (10) years or less, to be determined in the sole and absolute discretion of the City.

B.    Land Use. Leases and permits shall be for uses consistent with the public trust and Section 17.05.080. Preference shall be given to coastal-dependent uses.

C.    Public Access. Public access shall be provided in a manner consistent with applicable law.

D.    Revenue. Rent under this section shall be based upon fair market value, as determined by the City Council. Such determination shall be based, in part, upon the findings of a City-selected appraiser.

E.    Commercial uses provided under this Title 17 are exempt from any provision requiring involvement of the owner or long-term lessee of an abutting upland property. This subsection’s sole purpose is to allow a person to apply for a commercial pier permit or lease in front of or encroaching upon abutting upland property not owned or leased by the person applying for the permit.

F.    All persons that receive a commercial permit or lease, whether it is a new permit or lease or a transferred permit or lease, from the City to use public trust lands shall, to the fullest extent permitted by law, indemnify, hold harmless and defend (with counsel approved by the City, which approval shall not be unreasonably withheld) the City, its elected officials, officers, employees, agents, attorneys, volunteers and representatives from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of every kind and nature whatsoever (individually, a “claim” or collectively, “claims”), which may arise from or in any manner relate (directly or indirectly) to the permit or lease including, but not limited to, the issuance of any permit or lease, the transfer of any permit or lease, the entry into any permit or lease, permittee’s or lessee’s occupancy or use, or permittee’s or lessee’s guests, invitees, sublessees, or licensees occupancy or use, of the public trust lands, or improvements including, but not limited to, any use involving petroleum based products, hazardous materials, hazardous waste and/or other hazardous substances as defined by City, County, State or Federal laws and regulations. The permittee’s or lessee’s obligations in this indemnity shall not extend to the degree any claim is proximately caused by the sole negligence or willful misconduct of the City, subject to any immunities which may apply to the City with respect to such claims. This indemnification provision and any other indemnification provided elsewhere in an individual permit or lease shall survive the termination of said permit or lease and shall survive for the entire time that any third party can make a claim.

This indemnity obligation shall apply independent of whether it is explicitly placed within a particular commercial permit or lease. (Ord. 2013-27 §§ 4, 5, 2013; Ord. 2013-15 § 1, 2013; Ord. 2013-1 § 10, 2013: Ord. 2008-2 § 1 (part), 2008)

17.60.080 Appeal.

Notwithstanding Chapter 17.65, appeals under this chapter involving any permit or lease shall be processed as follows:

A.    Time Limit. Appeals shall be initiated within twenty-one (21) calendar days of the decision under appeal.

B.    Initiation. Appeals shall be made in writing to the City Clerk and shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be refunded to the appellant if he or she is successful in their appeal under this section (e.g., decision being appealed is reversed).

C.    Effect on Decisions. Decisions that are appealed shall not become effective until the appeal or review is resolved.

D.    Hearing Date. Appeals shall be scheduled by the Public Works Director and/or Harbormaster, as applicable, for a hearing before an independent hearing officer within thirty (30) days of the filing of the appeal unless both appellant and City consent to a later date.

E.    Hearing. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the appellant, the applicant and any other interested party. The hearing officer shall consider only the same application, plans and project-related materials that were the subject of the original decision.

F.    Required Findings. At the hearing, the hearing officer shall make the findings prescribed in this chapter when affirming, modifying or reversing the original decision.

G.    Decision and Notice. After the hearing, the hearing officer shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The Public Works Director and/or Harbormaster, as applicable, shall mail notice of the hearing officer’s decision. Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant. The decision of the hearing officer shall be final. (Ord. 2018-17 §§ 59—61, 2018; Ord. 2013-1 § 11, 2013: Ord. 2008-2 § 1 (part), 2008)