HomeMy WebLinkAbout(1985, 01/14) - H-1 - AmendedCITY OF'NEWPORT BEACH
AGENDA ITEM N0: I_2
Marine Department
January 14, 1985
TO: MAYOR AND CITY COUNCIL.
FROM: Tideland Affairs Committee
SUBJECT: REVISIONS TO CITY COUNCIL HARBOR PERMIT POLICIES (H-1)
Recommendation:
If desired, approve the amendments to Harbor Permit Policies (H-1). (•-^t`�`
Background:
1. The Tideland Affairs Committee (T.A.C.) initially reviewed Harbor
Permit'Policies (H-1) on October 23, 1984 and recommended that the
policies be amended as shown by the capitalized, underlined, and.
crossed -through sections. (Attachment A).
2. The City Council subsequently reviewed T.A.C. recommendations during
the study session of November 12 and during the November 26, 1984
evening meeting. The policies were referred back to T.A.C. for review
with representatives of Trautwein Brothers, Gillis and Derby and other
interested individuals for further clarification.
3. Mayor Maurer and Mayor ProTem Ruthelyn Plummer met with interested
marine construction business owners and discussed the recommended policy
changes on December 6. A follow-up meeting with the Marine Director and
Public Works Director was held on December 11.
Dificur,gion:
The proposed amendments to the (H-1) policy are for the purpose of
strengthening City administrative procedures on maintenance/construction
work on private piers and floats. The amendments provide for more de-
tailed Standard Drawings, increased field engineering inspection, and
both Engineering and Building Safety Department plan reviews, depending
on the nature of the work.
Marine contractors expressed concern that occasionally homeowners have
hired independent carpenters to do maintainence work on their respective
piers and floats without acquiring the necessary City permits. When
marine maintainence /construction work is done without a permit the
possibility exists that the homeowner may be having work done that does
not conform to City standards. In order to mitigate these potential
problems, the T.A.C. requested the City staff to follow through on:
r l � • 2 -_
Page 2
(r-,
1. Notifiying all harbor permittees by letter that the Council
Harbor Permit Policies require:
a. A City -issued harbor permit for: maintainence work over
$200, float or pier configuration revisions, and new
marine construction work.
b. Marine contractors and/or Harbor Permit holders doing
their own work with hired employees should have appropriate
insurance coverage.
c. All marine contractors and marine maintenance businesses
should have a valid City business license.
2. Updating the "Standard Drawings" for publication in the
Public Works Construction Manual for review and adoption
by the City Council in the spring of 1985.
3. Reviewing with the T.A.C. the advantages and disadvantages of
the Marine Department implementing an annual safety inspection
of all piers and floats in the harbor.
4. Explaining to marine contractors the necessity for bulkhead
permits being approved by the Building Deprtment because of
their location on private property vs. public property
(tidelan,ds), and the fact that bulkhead designs are dependent
on upland uses and building proximity.
Phil Maurer
Mayor
Evelyn Hart
Councilwoman
Ruthelyn Plummer
Mayor Protem
Attachment A - Revised Harbor Permit Policies
Attachment B Proposed letter to Harbor Permittees
DH:db
Page 3
HARBOR PERMIT POLICIES
Adopted -
June 1, 1964 (Resolution 6019)
Amended -
October 19, 1964 (Resolution 6041)
Amended -
October 26, 1964 (Resolution 6047)
Amended -
April 27, 1965 (Resolution '6139)
Reaffirmed
- August 30, 1966
Amended -
January 9, 1967
Amended -
July 24, 1967
Amended -
June 24, 1968 (Resolution 6796)
Amended -
August 19, 1968 (Resolution 6841)
Amended -
December 23, 1968
Amended -
January 26, 1970
Amended -
August 14, 1972
Amended -
June 25, 1973
Reaffirmed
- December 10, 1973
Amended -
December 17, 1973
Amended -
June 10, 1974
Reaffirmed
- November 11, 1974
Amended -
March 10, 1975
Amended -
April 28, 1975
Amended -
May 27, 1975
Amended -
October 28, 1975
Amended -
December 8, 1975
Amended -
May 10, 1976
Amended -
October 26, 1976
Amended -
November 22, 1976
Amended -
May 23, 1977
Amended -
May 22, 1978
H-1
Amended
- December
ll ,1978
Amended
- March 12,
1979
Amended
- June 25,
1979
Amended
- June 9, 1980
Amended
- June 23,
1980
Amended
- November
23, 1981
Amended
- June 28,
1982
Amended
- October
12, 1982
Amended June 27, 1983
r \
Page 4
HARBOR PERMIT POLICIES H-1
I N D E X
1. Harbor Installations General
2. Definitions
3. Permits Required
4. General Provisions of Permit
5. Issuing of Permits
6. Application for Harbor Permits
7. Plans to Accompany Permit Applications
8. Expiration of Permit
9. Bond Requirement
10.-ransfer of Permits
11. rredging
12. Fees
13. Standard Drawings
14. Design of Structures
15. Joint Ownership Piers
16. Bulkheads
17. Parking Requirements
18. Safety Requirements
19. Sanitary Requirements
20. Setbacks
21. Moorings
22. Balboa Island
23. Bayward Location of Piers and Floats
24. Exceptions
25. Signs
26. Storage Lockers
Page 5
HARBOR PERMIT POLICIES
I N D E X
(Cont.)
27. Race Committee Platform
28. Encroaching Piers and Floats
29. Patio Decks
30. Floating Dry Docks
31. Promontory Bay
32. Grand Canal
H-1
Page 6
H-1
HARBOR PERMIT POLICIES - Page 1
1. HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned areas
shall be reserved for the occupants of the abutting upland property
and controlled by the Harbor Permittee. Vessels moored at residential
piers shall not create a nuisance with regard to vehicle parking, vessel
waste, liveaboards, or noise disturbances to adjoining residents.
B. Shore connected piers and floats bayward of commercial --zoned stress may
be used by persons other than the occupants of the abutting upland property.
C. Only piers and floats and their appurtenances shall be permitted between
the bulkhead and pierhead lines.
D. No private piers shall be permitted at street ends.
E. In R-1 zones, only a single pier and float or slip shall be permitted
bayward of each parcel or lot.
2. DEFINITIONS
A. The teen "Pier" shall.mean any fixed or floating structure for securing
vessels, loading or unloading persons or property, or providing access
to the water, and includes wharf, dock, float, or other landing facility,
and dry dock.
B. The "Harbor Lines" are established Bulkhead, Pierhead, and Project Lines.
C The "Bulkhead Lines", as established, shall define the limit of solid
filling or solid structures.
D. The "Pierhead Lines", as established, shall define the limit for pier
and float -type structures.
E. The "Project Lines" shall define the channel lines of the improvements
and by the Federal Government in 1935-1936.
F. The term Liveaboard shall mean the use or occupancy of a vessel for
living quarters either permanently or on a temporary basis for a period
exceeding 3 days.
3. PERMITS REQUIRED
A. No person or agency shall build, maintain, extend or make structural
alterations on any building, pier, piling, bulkhead, sea wall, reef,
breakwater, or other structure in, upon or over the waters of Newport
Harbor or the Pacific Ocean or any other water where the tide ebbs and
flows within the City, or do any filling, excavating or dredging in said
waters or ocean, without first obtaining a written "HARBOR Permit"'to do
so from the City CITY'S MARINE DEPARTMENT.
B. The Orange County District may do construction work or fill or dredge.
within Newport Harbor, or cause the same to be done, without such a
permit so long as such work is done pursuant to a harbor development
plan on lands not owned by the City or pursuant to a request therefore
by the City Council.
C. Pletb�pg-gere-sba��-p�evep�-�epa��s-apd-pe��a�-►�a��4tegapce-te-ex�st�pg '
ha�be�-st�bEte�es:-
Page 7
HARBOR PERMIT POLICIES - Page 2 H-1
C. A separate permit will be required by the Building Department for any
BULKHEADS, CANTILEVERED DECKS, AND plumbing and.electrical work on harbor
structures.
4. GENERAL PROVISIONS FOR HARBOR PERMITS
A. 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 provisions.
B. Permit from Other Agencies: The party or parties to whom the permit is issued
shall, whenever the same is required by law, secure the written order or
consent to any work hereunder from the U.S. Corps of Engineers, CALIFORNIA
COASTAL ZONE COMMISSION, or any other public body having jurisdiction, and
the permit shall be suspended in operation unless and until such order or
consent is obtained.
C. Transferring Permit: The permit is not transferable without the written
consent of the City of Newport Beach.
D. Inspection: Tbe-wee{-sba��-�e-5�beEt-te-tbe-sdpe�vsep-aqd-apy�eva�-9f-
tbe-Mar4ne-Pepartmept- BULKHEADS, CANTILEVERED DECKS, PLUMBING AND ELECTRICAL
WORK ARE SUBJECT TO INSPECTION BY THE BUILDING DEPARTMENT FOR CONFORMITY WITH
THE UNIFORM BUILDING CODE. _' I ERS, RAMPS, FLOATS AND-PILINGSR SUBJECT TO
INSPECTION BY THE PUBLIC WORKS DEPARfiM .
E. protection of Traffic: Adequate provisions shall be made for the protection of
the traveling public. Barricades shall be placed on streets, with lights at
night, also flagmen employed, all as may be required by the particular work
in progress.
The Permittee shall not attempt to forbid the full and free use by the public
of all navigable waters at or adjacent to the work or structure. If the
display of lights and signals on any work hereby authorized is not otherwise
provided by law, such lights and signals, as may be prescribed by Bureau of
Light Houses, Department of Commerce,'shall be installed and maintained at
the expense of the Permittee.
Structures shall be so constructed as not to obstruct., interfere with or
prevent the free use or passage of any sidewalks, street, alley, public
way or navigable channel.
F. Liability for Damages: The Permittee is responsible for all liability for
personal injury or property damage which may arise out of work herein
permitted, or which may arise out of the use or possession of said works,
and in the event any claim is made against the City of Newport Beach or
any department, officer, or employee thereof, though, by reasons of, or
in connection with such work, permittee shall defend, indemnify and hold
them and each of them, harmless from such claim.
G. Revocation of Permit: The rights given under this permit are permissive
only and the City of Newport Beach reserves full right, power and authority
to revoke this permit at any time. In the event the Permittee fails to
remove said works within the time specified, then the Marine Safety Depart-
ment shall have the right to immediately remove same at the cost and expense
of the Permittee.
H. Repairs: The Permittee shall keep the structures in good repair at all
times. Failure to repair,when written notice has been given by the
Marine Department, shall be cause for the revocation of the permit.
Page 8
H-1
HARBOR PERMIT POLICIES - Page 3
I. Pollution Control: The Permittee shall maintain the area delineated on
the harbor permit free and clear from beached or floating rubbish, debris
or litter at all times. Adequate safeguards shall be maintained by the
Permittee to avert any other type of pollution of Newport Harbor from
recreational and/or commercial use of the tidelands. Failure.to comply
with the provisions of this section shall be cause, after written notice
has been given to the Permittee by the City, for the revocation of the
permit. When unusual circumstances arise with respect to the collection
of debris or litter, the City Manager may authorize by the use of City
forces or by contract the removal of said debris.
J. Rights to impose rental or other charges: The approval of the foregoing
permit by the City of Newport Beach shall not constitute. a waiver of any
rights which it may now have or hereafter have to impose rental or other
charges in conjunction with the maintenance of the proposed facility and
user of the same. The imposing of tidelands rental, or use, fees shall
not be extended to include private residential piers and slips, constructed
and used solely by the abutting uplands owner for recreational purposes,
unless otherwise directed by State Mandate.
K. In those areas of the harbor where the piers and floats are bayward of
residential zoned areas and are reserved for the occupants of the
abutting upland property, liveaboards shall not be permitted.
5. TSSUING OF PERMITS
A. The Marine Department without City Council approval is authorized to
approve and issue new permits and revisions to existing permits that
conform to the standard harbor drawings and the adopted Harbor Permit
Policies IN CONJUNCTION WITH PLAN REVIEWS BY THE PUBLIC WORKS
DEPARTMENT AND THE ISSUANCE OF T BUILDING DEPAR MENT PERMIT WHEN
APPI T rARI F
B. Prior approval of the..City .Council will be required before the Marine
Department may issue any permit that does not conform to.the standard
harbor drawings and the adopted Harbor Permit Policies.
C. Prior approval of the City Council will also be required before issuing
a permit for shore -connected structures when:
1. The abutting upland property is a dedicated public right of way
except along the Grand Canal on Balboa Island.
2. The abutting upland property is owned by the City except around
Lido Isle and Harbor Island.
3. The upland abutting property is zoned commercial.
4. Approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist.
5. The structure would affect a designated swimming area.
6: Commercial signs are to be installed.
7. More than one.slip or float is requested bayward of a single parcel.
D. Prior approval of the U.S. Corps of Engineers will be required before
issuing any permit. Application to the U.S. Corps of Engineers may be
made on forms provided by the U.S. Corps of Engineers.
E. Prior approval of Orange County will be required when work extends over
tidelands claimed by the County
Page 9
r,.
HARBOR PERMIT POLICIES - Page 4
F.
Prior approval of the Joint Harbor Committee will
be required before issuing
any permit when:
1. Work extends beyond the U.S. Pierhead'Line, except when permitted by
Section 23 of these policies.
2. Harbor lines have not been established by the
U.S. Corps of Engineers, or
--
defined by a harbor lines map approved by the
Joint Harbor Committee and
the City Council.
G.
Before issuing a Harbor Permit, 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 bayfront property owners or
long term lessees within 300' of
the proposed work shall be notified in writing by
the Marine Department.
H.
A written permit for maintenance is required from
the Marine Department for any
structural or work where the cost for such work,
including labor and materials,
would normally exceed $69949 $200.00. Painting,
replacement of rub -rails and work
considered cosmetic in nature -does not require a
permit. 449r-te-4sseaRee-eir-a
pero14t;-the-app4jeapt-wj44- show- proof -of -Lengshereraep's-Werkers'-6empessat}en
insufance-as-rega4red-by-the-LeRgshereRiep's-Aet-
I.
PRIOR TO THE ISSUANCE OF A PERMIT, THE APPLICANT
WILL SHOW PROOF OF LONGSHOREMEN'S
WORKERS' COMPENSATION INSURANCE WHEN REQUIRED BY
THE LONGSHOREMEN'S ACT.
6. APPLICATION FOR HARBOR PERMITS
A.
Applications for authority to erect, REVISE AND DO MAINTENANCE WORK ON structures
shall be submitted to the Marine Department upon
forms provided therefor. Plans
showing the location, extent and character of the
proposed work and required fees
---
shall accompany the application.
B. The application must be signed by the fee owners or any long-term lessee
of the abutting upland property. Long-term lessee shall be defined as a ✓
party having a leasehold on the property for a period greater than 5 years.
C. Applications for joint ownership piers shall be signed by all fee owners
or any long-term lessee of the abutting upland properties.
7. PLANS TO ACCOMPANY PERMIT APPLICATIONS
A. Plans accompanying the application will form a part of the permit and must
be carefully prepared in the form prescribed.
B---Sa�p�es-e#-d�awipg-te-asEe�apapy-app��Eat�eos-will-be-fbre�shed-by-the
P4a��pe-Bepa�t�ept.
B. Number of plans submitted shall be determined by the Marine Department,
PUBLIC WORKS DEPARTMENT AND BUILDING DEPARTMENT, DEPENDING ON THE NATURE
OF THE WORK.
C. Plans shall include the following:
��--� 1. Date of drawing and origin.
2. Location and dimension of proposed structure INCLUDING PILES and
location of existing structures on adjacent properties.
3. Location of bulkhead, pierhead, and project lines.
4. Location of U.S. Bulkhead stations.
5. Location of property lines.
6. Location of channel markers.
7. Lot sizes and lot numbers.
Page 10
HARBOR PERMIT POLICIES - Page 5 H-1
8. Existing ground profile beneath proposed structure.
9. Elevation of top and bottom of bulkheads and piles with respect
to M.L.L.W.
10. Area and profile of any proposed dredging with elevations showing
depths with respect of M.L.L.W.
11. Any existing conditions affecting the construction or docking operation.
12. CONSTRUCTION DESIGN DETAILS OR WORKING DRAWINGS OF PIER, PIER PLATFORMS,
RAMP, FLOATS ND PILINGS TS PRE -SCRIBED --T37 TH-E PUBLIC -WORKS PUBLIC-WORKSDEPARTMENT.
E. Drawing size shall be 8-1/211 x Jill, 11" x 22n or 21" x 31"'.
F. Scale shall be adequate to clearly show the above information.
G. Existing structures shall be shown in light dashes. New work shall
be shown in heavy solid lines.
8. EXPIRATION OF PERMIT
A. The time limit for the completion of all.work authorized by a permit
shall be 2 years from date of approval.
B. All permits shall expire unless the work contemplated shall have been
completed within the time limit specified.
C. If the work contemplated has been.started and diligently prosecuted
but not completed in the time limit specified, a time extension may
be granted by the City Council upon receipt of a written request from
the Permittee.
9. BOND REQUIREMENTS
If the nature of the proposed work is such that if left incomplete it will
create a hazard to human life or endanger adjoining property, a cash bond
or surety bond satisfactory to the City Attorney in the sum of 100 percent
of the estimated cost of the work will be required to guarantee the faithful
performance of the proposed work.
10. TRANSFER OF PERMITS
A. 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.
B. Whenever a permittee sells the abutting upland property, a request
shall be made to the City to transfer the permit. Forms for this
Purpose may be obtained from the Marine Department. Failure to apply
for a transfer within 30 days from the date that the abutting upland
property changed ownership will result in an additional fee by the City.
Y
C. The Marine Department is authorized to approve transfers to the new
owners or long-term lessee of the abutting upland property.
D. At the time of transfer all harbor structures shall be inspected for
compliance with the City's minimum lumbin
`-' P g, electrical and structural
requirements, and the conditions of the existing permit. All structural
deficiencies mus t be corrected -6- �rozrrs- -from -d -o f PRIOR ��razrs-t-+er.-
TO TRANSFER OF THE PERMIT.
Page 11
HARBOR PERMIT POLICIES - Page 6
II. DREDGING
A. A permit for dredging will not be required when:
H-1
1. Dredging has been approved in connection with a permit for
any shore -connected structure.
B. All other dredging will require a permit from the Marine Depart-
ment and may be subject to engineering approval by the Public
Works.Department.
C. Major dredging outside the established harbor lines will require
prior approval by the City Council and the U.S. Corps of Engineers.
D. Maintenance dredging bayward of residential and commercial property
shall be the responsibility of the Harbor Permittee for the zone
delineated by the bayward prolongations of upland side property
lines and the U.S. Project,Line.
12. FEES
A. INITIAL PERMIT FEES
1. New Permits Administrative Action $275.00
Council Action $365.00.
Plus:
$25 for each additional
slip and $2.50 for each
lineal foot of bulkhead
except in the Grand Canal
where new permits shall be $60.
2. Revisions Administrative Action $140.00
Council Action $220.00
Plus:
$25 for each additional slip
and $2.40 for each lineal
foot of bulkhead.
3.. Maintenance No configuration change: $25.00
less than 20% replacement
4. Transfers $230.00
5. Dredging $165.00 per 500 cu. yds.
6. For work started but not finished within the time limit specified
a $60.00 fee will be charged for any Council request for a
time extension.
7. For all transfers not applied for within 30 days from the date the
abutting upland property changed ownership, an additional fee
of $60.00 will be charged.
8. If the value of work proposed.under a revision OR MAINTENANCE
PERMIT is over 50% of the replacement value of the existing
structure, a new permit will be required.
9. BUILDING DEPARTMENT PERMIT FEES ARE NOT INCLUDED IN THE ABOVE.
10_ PUBLIC WORKS DEPARTMENT FEES ARE INCLUDED IN.THE ABOVE.
Page 12
H-1
HARBOR PERMIT POLICIES - Page 7
B. PIER FEES. Annual pier fees are due and payable on 1 March in
accordance with the following schedule:
1. Non-commercial piers --- $35.00
2. Commercial piers not over City Tide and Submerged Lands --- $20.00
(a) Not more than 10 slips or floats --- $ 2.00 each.
(b) Not more than 20.slips or floats --- $20.00 plus.$ 1.00
for each slip or float in excess of 10.
(c) More than 20 slips or floats --- $30.00 plus .50 cents
for each slip or float in excess of 20.
3. Commercial piers over City Tide and Submerged Lands not under
City lease --- -.8.5 cents square foot/permit area.
(a) Fees imposed pursuant to this policy shall be adjusted by
appraisal every five (5) years. The adjustment in the
commercial pier permit fee shall be based upon an appraise-
ment of fair rental value -of said tidelands prepared by a
qualified, independent M.A.I. appraiser (member of the
American Institute of Real Estate Appraisers). The valuation
shall include consideration of the unique characteristics
of Newport Harbor, wherein the publicly owned tideland
area subject to this fee must be joined with privately owned
uplands to form an economically feasible commercial usage.
(b) This fee shall be due and payable on July 1, 1979 and shall
be prorated at two-thirds (2/3) the annual rate with the
prorated amount to terminate on February 28, 1980. The fee
will then become due and payable March 1 every year there-
after. The "Commercial Pier Registration Fee" for 1979
will be credited against the new fee.
13. STANDARD DRAWINGS
Eep�e��-fie-Abe-a���e�re�-��apda��-B�aw�pgs:
A. The following standard drawings, dated June 1, 1964, have been
approved and are on file in the Public Works Department:
1. Grand Canal - Platform and Steps Type I Dwg. No. STD -601-L
2. Grand Canal - Platform and Steps Type II Dwg. No. STD -602-L
3. Standard Bulkhead Allowable Encroachments Dwg. No. STD -603-L
4. Standard Residential Float West Newport
Channels Dwg. No. STD -604-L
5. Standard Residential Float without Pier Dwg. No. STD -605-L
6. Standard Residential Float with Pier Dwg. No. STD -606-M
7. Standard Commercial Pier and Float Instal. Dwg. No. STD -607-M
8. Standard Pier Sections and Pier Details Dwg. No. STD -608-M
Page 13
HARBOR PERMIT POLICIES - page 8 H-1
14. DESIGN OF STRUCTURES
A. All structures shall be sufficient strength to support the estimated or
actual imposed dead and live loads without exceeding the stresses allowed
in accepted engineering design for the material used, provided that no
structure or part thereof shall be designed for live loads less than
those specified hereinafter.
B. Platforms, piers, and brow structures shall be designed to support a
minimum live load of 40 P.S.F. of horizontal projection. Float
structures shall be designed to sustain a minimum load of 20 P.S.F. of
horizontal projection for buoyancy calculations and a minimum load of
30 P.S.F. of horixontal projection for stress calculations.
C. All railings and railposts shall be designed to withstand a minimum
horizontal force of 20 P.S.F. applied at the top of the railing.
D. No reduction of the assumed live load shall'be allowed in any part of
the design except that inthe case of timber structures the working
stress may be increased by 100% for impact only.
E. DESIGNS FOR STRUCTURES TJAT DO NOT CONFORM TO THE STANDARD DRAWINGS SHALL
BE REVIEWED AND -APPROVED BY PUBLIC WORKS DEPARTMENT PRIOR TO THE ISSUANCE
OF A HARBOR PERMIT.
15. JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the prolongation of
common lot lines subject to the following conditions:
1. No permits will be granted to persons other than the'owners.or
long-term lessee of the abutting upland properties.
2. The permit application must be signed by the fee owners or long-
term lessee of all abutting upland property having access to the
facility.
3. The permit shall provide that all parties shall have equal rights
under the permit and shall be held jointly responsible for compli-
ance with all rules, regulations, and conditions set forth in the
permit.
B. The policy for set -backs applies to joint ownership piers with the
exception that the slips, floats and piers may extend over the com-
mon --property line. -- - -
16. BULMUDS
A. All bulkheads in residential districts shall be installed on. the
established bulkhead line or at a location behind the bulkhead line
that would preserve the design profile of the harbor. Any retaining
or ornamental wall installed landward of the bulkhead line shall be
considered a bulkhead if it also serves to contain the waters of the
harbor and shall be processed in the same manner as if it were on the
bulkhead line.
Page 14
HARBOR PERMIT POLICIES - Page 9 H_ 1
The Marine Department may issue permits for bulkheads, between
U.S. Bulkhead Station Numbers 112-109 not to exceed the bayward side
of the "Vacated East Bay Avenue." Concrete bulkheads and wooden
retaining wall structures proposed to be constructed bayward of the
bayward most line of vacated East Bay Avenue shall be subject to City
Council approval.
B. Bulkheads shall be at the existing height established for the area
and shall be connected to adjacent bulkheads. In cases where no
adjacent bulkhead or bulkheads exist, a wing wall or wing walls shall
be constructed from the bulkhead landward adequate to contain the fill
behind the bulkhead. No solid or masonry structure shall be constructed
on a bulkhead.
C. The height and design of all bulkheads and wing walls.shall be subject
to the design and construction standards of the Pw644E-Werks-Bepartmept:
BUILDING DEPARTMENT.
D. All bulkhead permits may be subject to a detailed construction drawing
being approved by the Peb44e-Werks_9epartrflept BUILDING DEPARTMENT.
Drawings signed by a Civil or Structural Engineer may be required
acid shall clearly show the following:
1) Exact location of bulkhead and anchor blocks.
2) Top and bottom elevations.
_ 3) Design loads and any surcharge loading.
4) Depth of dredging and any sounding data.
5) Details of returns or connection to existing walls.
6) Any special conditions affecting bulkhead construction or design.
€---Rei:e�epEe-gay-be-jade-te-E�ty-�tabda�d-B�aw�pgs-#er-typ�Ea�-slab-apd
sep�pg-deta��5: .
F:
E. The bulkhead shall not be used to support any structure on the abutting
upland property unless the bulkhead has been properly designed to
carry the additional loads.
G:
F. In areas where there is existing development and it is of direct
benefit to the City to have a bulkhead constructed, the City may
contribute 1/3 of the cost of constructing a bulkhead across street ends.
H:--A��-p��vate-bb�kbeads-Eepst��Eted-a�eng-s��eet-�=}gbt-ef-way-��ees-spa��.
Eep€erg-te-tbe-6}ty-�ta�ada�d-�PdW�p�5-fey-a-EepE�ete-b��kk�ead: .
17. PARKING REQUIREMENTS
A. All commercially operated boat docking facilities shall provide 0.75
parking stalls for each single boat slip and 0.75 parking stalls for
each 25 feet of available mooring space not classified as a slip.
B. For dry boat storage areas, 0.33.parking stalls shall be provided for
each storage space available.
Page 15
H-1
HARBOR PERMIT POLICIES - Page 10
C. For floating dry docks, at least 2 off-street parking stalls shall
be provided exclusively for each dry dock.
D. All parking shall conform to the City of Newport Beach off-street
parking standards.
18. SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be equipped
with fire fighting facilities as specified by the Fire Chief of the
City of Newport Beach.
B. Any electrical service upon any pier, dock or float shall be installed
under a permit obtained from the City of Newport Beach Building
Department.
C. Any domestic water service upon any pier, dock, or float shall be
installed under a permit obtained from the City of Newport Beach
Building Department.
D. All commercial piers, floats or docks used for the loading of'passengers,
shall be lighted in such a manner as to provide an illumination level
of 0.5 -foot candles for all areas used for the loading of such passengers.
19. SANITARY REQUIREMENTS
A. A permit for a pier, dock or float shall not be issued until the rough
plumbing for the dwelling unit or the required restrooms serving such
pier, dock or float, has been installed and approved by the City
Building Inspector. The use of a pier, dock or float will not be
allowed until restroom facilities are completed and in operation.
B. All public or private commercially operated shore -connected boat anchor-
ages shall have a minimum of 2 restroom facilities, one for women and
one for men, for each 20 boat slips or boat berths available in the
anchorage area. The minimum walking distance from the farthest boat
berth to the restroom facility shall not exceed 400 feet.
r C. Sewage Pumping Facilities
Permission may be granted.to install and operate sewage pumping facilities
for boats moored to shore -connected structures providing such installa-
tions are first approved by the Marine Department.
In requesting approval, the following information must be submitted in
letter form to the Marine Department.
1. The name and address of the person responsible for the installation;
Page 16
HAR1501: PE'R�IKIT POLICIES - Page 11 H -I
3/12/79
The name and address of the manufacturer of all pumping equipment;
i. A complete description of the materials and the pumping equipment to
be used;
4. An 8-1/2 x 11 or larger, sketch clearly y showing the location of the
sewage discharge lines, the connection to the sewer system, and the
area to be served.
20. SET BACKS
A. All piers and floats for residential properties shall be set back a
minimum of 5 feet from the projection of the property.line.
B. All piers and floats for commercial properties may extend to the projection
of the property line.
C. The projection of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable set backs
for piers and floats. Because there are certain physical conditions which
preclude the strict application of this policy without prejudice to adjoin-
ing properties, Council approval will be required in areas where precise
projections of the property, line have not been determined and the following
conditions exist:
1. Where property lines are not approximately perpendicular to the bulk-
head line.
2. Where curves or angles exist in the bulkhead line.
3. Where bridges, topography, street ends or publicly --owned facilities
adjoin the property.
21. MOORINGS
A. Boats moored at private.or public docks shall not extend beyond the pro-
jection of the property lines of the property to which the dock facility
is connected in accordance with Section 20-C.
B.. Any boat moored at a pier, dock, or float shall not extend bayward a dis-
tance of more than the width of its beam beyond the pier, dock or float.
22. BALBOA ISLAND
No new, non-commercial piers on Balboa Island shall be recommended unless it
is in the public interest or unless it is at such a location that it is not
usable for swimming or bathing.
�... Piers presently in use may be repaired but recommendations for any additions
or remodeling shall be restricted to such changes that do not lessen the use
of either the immediate water or land areas.
Page 17
I IAK B()K Pi -A M ,r 'POL 1C I ES - Page 12
3/12/79
Whenever any application to install a new, non-commercial pier -is -to be taken
under consideration by the City Council, all occupants within 300 feet of the
proposed work shall be notified in writing by the Marine Department.
BAYWARD LOCATION OF PIERS AND FLOATS**
A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend
out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted
in this section.
B. U. S. Bulkhead Sta. No. 109 to No. 110 Piers may be permitted to extend
16 feet channelward of the U. S. Pierhead Line.
C. U. S. Bulkhead Sta. No. 110 to No. 112 Piers will be permitted to extend
out to the U. S. Pierhead Line.
D. U. S. Bulkhead Sta. No. 112 to No. 113 Piers will be permitted to extend
out to the U. S. Pierhead Line. Commercial piers between "A" Street and
Adams Street will.be subject to.special permits approved by City Council..
E. U. S. Bulkhead Sta. No. 113 to No. 114 Piers shall be subject to a special
permit approved by City Council.
F. U. S. Bulkhead Sta. No. 114 to No. 119 Piers will be permitted to extend
:o the U. S. Pierhead Line.
G U. S. Bulkhead Sta. No. 119 to No. 120 Piers may be permitted to extend
20 feet beyond the U. S. Pierhead Line.
H. U. S. Bulkhead Sta. No. 120 to No. 22.1 Piers may be permitted to extend
20 feet beyond the U. S. Pierhead Line.
I. The Rhine. Special permits approved by City Council shall be required for
construction of piers in the Rhine, extending northerly from U. S. Bulkhead
Sta. No. 120.
J. U. S. Bulkhead Sta. No. 12,2. to No. 125 Piers or boat slips may be permitted
to extend 20 feet channelward of the U. S. Pierhead Line.
K. West Newport Channels Piers may be permitted in the Rivo Alto, the Rialto,
and the channel lying westerly of Newport Boulevard.
Piers, slips, and floats will be permitted to extend channelward a distance
of 30 feet maximum from the channel lines in the Rivo Alto, the Rialto, and
the channel lying westerly of Newport Boulevard.
`--' Property extending to the ordinary high tide line, with a frontage exceeding
thirty (30) feet will be allowed 1 foot increase in float width parallel.to
the Pierhead Line, for each additional 2-1/2 feet of frontage.
**Based on Harbor Regulations adopted by City Council on December 15, 19410
Page 18
IiAKli()K I'I•;IZM I T P01,1C IES - Pilgk! 13 H-1
3/12/79
The piers, slips and floats in Balboa Coves shall not extend into the
channel a distance greater than 30 feet from north line of channel shown
on Tract 1011. Floats up to 20 feet in length may extend into the bay
the 30 feet from the said line of waterway; however, for floats over 20
feet in length, the 30 feet distance shall be reduced 1 foot for each 2
feet added to the length of the float. The maximum permissible length
of float shall be 30 feet. (Second paragraph of Sec. 23 (k) added by
Resolution 6139.)
L. U. S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be
permitted to extend to the U. S. Pierhead Line.
M. U. S. Bulkhead Sta. No. 227 to No. 128. Piers.or boat slips will be
permitted to extend to the bulkhead line.
N. U. S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be
permitted to extend to the U. S. Pierhead Line.
U. U. S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be
permitted to extend 20 feet channelward of the U. S. Pierhead Line.
P. Upper Bay. Piers or boat slips may be permitted to extend to the Pier -
head lines as shown on Harbor Lines Map approved by City Council and
on file in the Public Works Department.,
1. U. S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be per-
mitted to extend to the U. S. Pierhead Line.
R. U. S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Sub-
division. Piers shall be granted under special permits approved.by
City Council to extend 16 feet beyond the U. S. Pierhead Line.
S. East Property Line of Beacon Bay Subdivision to U. S. Bulkhead Sta. No. 104.
Piersmay be permitted to extend 20 feet channelward of the U. S. Pierhead
Line.
T. U. S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special
permits approved by City Council.
U. Ba_y Island. Piers will be permitted to extend to the U. S. Pierhead Line
on the west, northerly and easterly sides of the Island. Piers will not,
be permitted on the north side of the channel south of Bay Island.
V. Balboa Island. All new piers shall be subject to special permits approved
by the City Council. Revisions to existing piers will be permitted providing
they do not lessen the use of either the immediate water or land areas.
�. 1. South Bay Front East of U. S. Bulkhead Sta. No. 256. Piers may be per-
mitted to extend 16 feet channelward of the U. S. Pierhead Line. Dredg-
ing around floats shall not exceed a depth of 4 feet a mean lower low,
water along a line 85 feet channelward of and parallel to the bulkhead
line.
Pag&�9()P 1)hR M i'1' POLICIES - Page 14
3/12/79
1. South.Bay Front between U. S. Bulkhead Sta. No. 256 and 259. Piers
may be permitted to extend 10 feet channelward of the U. S. Pierhead
Line. Dredging around floats shall not exceed a depth of 2 feet at
mean lower low water along a line 60 feet channelward of and parallel
•� to the bulkhead line.
3. South Bay Front from Emerald Avenue Northwesterly to the Westerly
Prolongation of the Northerly Line of Lot 5 Block 1, Resubdivision
of Section 1, Balboa Island. Piers will be permitted to extend to
City pierhead 'line. Dredging around floats shall not exceed a depth
of 2 feet at mean lower.low.water along a line 45 feet channelward
of and parallel to the existing concrete bulkhead.
4. North Bay Front. Piers may be permitted to extend 10 feet channelward
of the U. S. Pierhead Line, except where a pier line has been established
by the City. Dredging around floats shall not exceed a depth of 2 feet
at mean lower low water along.a line 60 feet channelward of the parallel
to the U. S. Bulkhead Line or the existing concrete bulkhead.
5. East Bay Front. Piers may be permitted to extend 10.feet channelward
of the U. S. Pierhead Line northerly of the northerly line of Park
Avenue and 16 feet channelward-of the U. S. Pierhead Line southerly
of the northerly line of Park Avenue. Dredging around floats shall
not exceed a depth of 2 feet at mean lower low water along a line 60
feet channelward of and parallel to the bulkhead line.
�r. Collins Isle. Piers will be permitted to extend to the U. S. Pierhead
Line on the southwest and west side of Collins Isle. No piers will be
permitted on the north or east side of Collins Isle.
X. Harbor Island. Piers will be permitted to extend to the U. S. Pierhead
Line. Special permits approved by City Council will be required for
piers northeasterly of Lots 14, 15, 16 and 36.
Y. Lido Isle. Piers may be permitted to extend out to the U. S. Pierhead
Line, except on the westerly side between U. S. Bulkhead Sta. No. -172
and No. 174. Piers may be permitted to extend 20 feet beyond the U. S.
Pierhead Line between U. S. Bulkhead Sta. No. 172 and No. 174.
1. Piers and floats will not be permitted in the beach area along the
northerly side of Lido Isle between the easterly line of Lot 849 and
the westernly line of Lot 493.
2. Piers and floats will not be permitted in the beach area along the
southerly side of Lido Isle between the easterly line of Lot 919
and the westerly line of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the pier -
head lines as shown on Harbor Lines Map approved by City. Council and on
file in the Public Works Department.
24. EXCEPTIONS
The City Council may approve exceptions to any of the requirements and
regulations set forth if there -are special circumstances or conditions
r
Page 20
1fAR11 H PERMIT POLICIES - Page 15
3/12/79
► t 4'CL in}; the harbor installations that would impose undue hardship on the
-ipplivant or it it would he detrimental to the best interest of the City.
25. SIGNS
A. No signs shall be
g permitted beyond the bulkhead lines with the exception
of the following:
1. Informational and directional signs of service to the public such as
fuel, gasoline, live bait, ice, beer and similar signs which in
general list services and commodities but do not advertise a specific
brand.
2. Brand name signs which are customarily a part.of a fuel pump or a vend-
ing machine installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in
total area.
26. STORAGE 1 OCKERS
Storage lockers and boat boxes may be installed on shore -connected piers and
floats subject to the following limitations:
A. The over-all height shall not exceed 30 inches when located bayward of
residential property zones;
B. The over-all height shall not.exceed 30 inches when located bayward of
commercial and industrial property zones where the piers and floats are
used primarily for the mooring of pleasure boats.
C. The over-all height shall not exceed 60 inches when located on facilities
bayward of commercial and industrial zoned property where the use is not
primarily for the mooring of pleasure boats.
The over-all height shall be measured from the deck of the pier or float
to the top of the storage locker.
(Sec. 27 adopted as Sec. 2 of Addendum No. 1 by Resolution 6041.)
27. RACE COMMITTEE PLATFORM
Race committee platforms and instruction platforms may be constructed bayward
of the bulkhead lines at recognized yacht clubs and recognized sailing schools.
All work shall require prior approval of the City Council and unless otherwise
specified shall be in conformance with the over-all dimensions shown on City
of Newport Beach Standard Drawing No. STD -609-M, dated October 26, 1964.
28. ENCROACHTNG PTFAQ AAM VT AAMC!
fn areas where existing piers and floats encroach in front of abutting upland
property owned by others, a new permit, approved by the City Council, shall
be required upon:
1. Any change in type of existing use of the piers and floats.
Page 21
HARBOR PERMIT POLICIES - Page 16 H-1
3/12/79
2. Any change in type of existing use of the abutting upland property owned
by the permittee.
3. Any change of existing ownership of the abutting upland property owned by
the permittee or upon the death of the permittee.
4. Any destruction of the pier and float in which over 60% of the replacement
value of the pier and float has been destroyed.
Before the City Council acts on the new permit, the owner of the abutting upland
property, in front of which the harbor facility encroaches, shall be notified in
writing of the meeting in which the new permit will be considered.
29. PATIO DECKS
In areas where the waterways are privately owned, and within Promontory Bay,
patic type decks may be cantilevered beyond the established bulkhead lines subject
to the following condition:
A. The maximum projection of patio decks encroachments beyond the bulkhead
line shall be limited to 5 feet.
B. The minimum setbacks from the prolongations of the side property lines
shall be 5 feet.
No float shall be permitted within 2 feet of the decks.
D. No permanent structure shall be permitted on the projecting portion of
the patios except:,
1. Planters and benches not over 16 inches in height.
2. Railings not over 42 inches in height with approximately 956 open area.
30. FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered for approval by the City
Council, subject to the following conditions:
1. The location is in waters bayward of cormnercial, manufacturing or
unclassified zones.
2. The prior approval of a Use Permit by the Planning Commission..
B. Permits for floating dry docks are issued for one location only. A new
permit must be obtained to move a floating dry dock from one location to
�--� another location within the harbor.
Page. 22
HARBOR PERMIT POLICIES - Page 17 11-1
3/12/79
31. PROMONTORY BAY
_. The following conditions are to be placed on each harbor permit when
approved:
A. That the permittee shall be responsible and maintain the area
delineated on the harbor permit free and clear from floating
rubbish,debris or litter at all times.
B. That the permittee shall -be responsible for all maintenance dredging,
in accordance with the design profile for Promontory Bay, for the
area between the bulkhead line and pierhead line as -delineated by
the harbor permit.
32. G RAND CANAL
A. The following conditions are to be in effect and placed on each
harbor permit for the'Grand Canal.
1. That the permittee shall be allowed either one pier platform, or
in lieu thereof, two shore mooring type appurtenances per lot.
Pier platforms and shore moorings shall be constructed according
to approved Standard Drawings and Specifications issued by the
Marine Department.
2. That all vessels (maximum length 18') moored in the Grand Canal.
shall be tied off to pier platform structures.or shore moorings.
Vessels tied to the bulkhead or by alternate methods not.approved
by the Marine Department shall be prohibited.
3. That the permittee shall be allowed no more than one vessel per
shore mooring.
4. That any shore mooring approved for the Grand Canal shall display
a permit number issued by the Marine Department.
5. That each vessel 'tied to any pier platforms in the Grand Canal be
anchored from the stern in such a method as to prevent the vessel
from swinging into adjoining vessels or across bayward prolonga-
tions of private property lines.
B. There shall be no permits issued for shore moorings or pier platforms
fronting on alleys, avenues or other public easements terminating on
the Canal.
C. There shall be no new permits issued for shore moorings or pier plat-
forms bayward of those lots at the extreme south end and north end
of Grand Canal, unless approved by Council.