HomeMy WebLinkAbout(1994, 06/24) - H-1 - Reaffirmed•
HARBOR PERMIT POLICIES
H-1
0
Adopted -
June 1, 1964 (Res. 6019)
Amended
- June 25, 1979
Amended -
October 19, 1964
Amended
- June 9, 1980
Amended -
October 26, 1964
Amended
- June 23, 1980
Amended -
April 27, 1965 f
Amended
- November 23, 1981
Reaffirmed -
August 30, 1966 `
Amended
- June 28, 1982
Amended -
January 9, 1967
Amended
October 12, 1982
Amended
July 24, 1967
Amended
- June 27, 1983
Amended -
June 24, 1968
Amended
- January 14, 1985
Amended -
August 19, 1968 i
Amended
- March 25, 1985
Amended -
December 23, 1968
Amended
- June 24, 1985
Amended -
January 26, 19704
Amended
- June 22, 1987
Amended -
August 14, 1972 '
Amended
-- June 13, 1988
Amended -
June 25, 1973 `
Amended
- November 28, 1988
Reaffirmed -
December 10, 1973
Amended
- June 26, 1989
Amended -
December 17, 1973
Amended
- September 25, 1989
Amended -
June 10, 1974
Amended
- November 27, 1989
Reaffirmed -
November 11, 1974
Amended
- May 14, 1990
Amended -
March 10, 1975
Amended
- June 25, 1990
Amended -
April 28, 1975
Amended
- April 8, 1991
Amended -
May 27, 1975
Amended
- June 24, 1991
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
Amended --
December 11, 1978
Amended -
March 12, 1979
0
H-1
HARBOR PERMIT POLICIES
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. pians to Accompany Permit Applications
8. Expiration of Permit
9. Bond Requirement
10. Transfer of Permits
11. Dredging
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
K -I
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
1.
HARBOR PERMIT POLICIES
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 areas
may be used by persons other than the occupants of the abutting
upland property.
C.
Only piers, floats, certain patio decks 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 term "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 1935-36.
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.
G.
The Term "Standard Drawings" refers to Standard Drawings adopted by
the City of Newport Beach as minimum standards of construction
whenever harbor permits are required.
H.
The Term "Design Criteria" refers to Design Criteria adopted by the
City of Newport Beach as minimum standards for design whenever
harbor permits are required.
l�
u
H-1
HARBOR PERMIT POLICIES - Page 2
3. PERMITS REQUIRED
A. No person or agency shall build, maintain, extend or make struct al
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'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. 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 suspe
in operation unless and until such order or consent is obtaine
C. Transferring Permit: The permit is not transferable without the
written consent of the City of Newport Beach.
D. Inspection: Bulkheads, cantilevered decks, plumbing and electrical
work are subject to inspection by the Building Department for
conformity with the Uniform Building Code. Piers, ramps, floats and
pilings are subject to inspection by the Public Works Department,
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 as 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.
•
H-1
HARBOR PERMIT POLICIES - Page 3
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 Department 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.
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.
L. Special Events Permits. If a Harbor Permittee proposes a use of the
harbor installation, other than that allowed by the Newport Beach
Municipal Code or the Council Harbor Permit Policies, he/she must
first obtain a "Special Events Permit" as provided by Section 510 of
the Newport Beach Municipal Code. Upon issuance of the Special
Events Permit, the City of Newport Beach may impose conditions on
the permit to assure that the proposed use does not affect the
health, safety or welfare of the residents of Newport Beach.
0
H-1
HARBOR PERMIT POLICIES - Page 4
5. ISSUING OF PERMITS
A. The Marine Department without City Council approval is authorize o
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 a Building Department permit when
applicable.
B. Prior approval of the City Council will be required before the
Marine Department may issue any permit that does not conform to
standard 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 sin
parcel. 0
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.
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.
0
H-1
HARBOR PERMIT POLICIES - Page 5
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 $200.
Painting, replacement of rub -rails and work considered cosmetic in
nature does not require a permit.
I.
Prior to the issuance of a permit, the applicant will show proof of
coverage as required by the Longshoremen's and Harbor Worker's
Compensation 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
leassee 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. PIANS
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.
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 H.S. Bulkhead stations.
5. Location of property lines.
6. Location of channel markers.
7. Lot sizes and lot numbers.
8. Existing ground profile beneath proposed structure.
4. 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.
H-1
HARBOR PERMIT
POLICIES - Page 6
11. Any existing conditions affecting the construction or doco
operation.
12. Construction design details, PLANS, SUBSTANTIATING
CALCULATIONS AND SPECIFICATIONS FOR piers, pier platforms,
ramps, floats, pilings, etc., as prescribed by the Public
Works Department.
D.
Drawing size shall be 8Y" x 11", 11" x 2211, or 21" x 31".
E.
Scale shall be adequate to clearly show the above information.
F.
Existing structures shall be shown in light dashes. New work shall.
6 be shown in heavy solid lines.
S
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 i
create
a hazard to human life or endanger adjoining property, a cash
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.
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 plumbing, electrical and
structural requirements, and the conditions of the existing permit.
All structural deficiencies must be corrected prior to transfer of
the permit.
0
•
•
H-1
HARBOR PERMIT POLICIES
- Page 7
11. DREDGING
A.
All dredging will require a permit from the Marine Department and
may be subject to engineering approval by the Public Works
Department.
B.
Major
dredging outside the established harbor lines will require
prior
approval by the City Council and the U,S. Corps of Engineers.
C.
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 $350
Council Action $450
Plus: $27.50 for each additional slip and $2.75 for
each lineal foot of bulkhead excet in the Grand
Canal where new permits shall be U5.
2.
Revisions - Administrative Action $170
Council Action $280
Plus: $27.50 for each additional slip and $2.75 for
each lineal foot of bulkhead.
3.
Maintenance - No configuration change: $ 60
Less than 20% replacement.
4.
Transfers - $300
5.
Dredging - $200 up to
500 cu.yds.
6.
For work started but not finished within the time limit
specified, a $70 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 $70 will be charged.
S.
If the value of work proposed under a revision 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.
H-1
HARBOR PERMIT POLICIES - Page 8
B. PIER FEES. Annual pier fees are due and payable on 1 March
in accordance with the following schedule:
1. Non-commercial piers - $60.
2. Commercial piers not over City Tide and Submerged
Lands - $20 base fee plus the following sums for
additional slips and/or floats:
a. Not more than 10 slips or floats - $2 each.
b. Not more than 20 slips or floats - $20 plus
$1.00 for each slip or float in excess of 10.
C. More than 20 slips or floats - $30 plus 50� for
each slip or float in excess of 20.
3. Commercial piers over City Tide and Submerged Lands
will be billed annually as follows:
a. Permittees having commercial piers over City
Tide and Submerged Lands shall, for 1991, pay an
annual rent of 23 cents per square foot of
permit area (base rental).
b. Annual rent shall be paid on or before March 1.
C. The Base Rental shall be adjusted annually to
reflect the increase or decrease in Consumer
Price Index (CPI) for the twelve month period
commencing December 1, 1989 and ending November
30, 1990, and each twelve month period
thereafter. The CPI (all urban consumers, all
items) for the Los Angeles -Long Beach -Anaheim,
California area as published and released by the
Bureau of Statistics for the U.S. Department of
Labor shall be the index utilized for
calculating the rental adjustment.
d. The base rental shall be recalculated every ten
years pursuant to an appraisal commissioned by
the City of Newport Beach. In determining the
value of tide and submerged lands, the appraiser
shall consider the fact that commercial use of
publicly owned tidelands is economically
feasible only in conjunction with privately
owned uplands.
e. All appraisals shall be conducted by an MAI
appraiser(s) with membership in the American
Institute of Real Estate Appraisers and
experienced in assessing the value of tidelands.
f. The provision of this Sub -Section shall not
apply to tidelands subject to a written lease
requiring the payment of rent based on gross
receipts.
H-1
HARBOR
PERMIT POLICIES - Page 9
13.
STANDARD DRAWINGS
The following Standard Drawings have been approved and
are on file in the
Public
Works Department:
Precast Reinforced Concrete Groin Panel
Dwg. No. STD -600-L
Detail For Raising Bulkheads
Dwg. No. STD -601-L
Grand Canal - Platform and Steps Type I
Dwg. No. STD -602-L
Grand Canal - Platform and Steps Type II
Dwg. No. STD -603-L
Standard Residential Float West Newport
Channels
Dwg. No. STD -606-L
Gangway From Float To Pier
Dwg. No. STD -604-L
Standard Residential Float Without Pier
Dwg. No. STD -605-L
Standard Residential Float With Pier
Dwg. No. STD -608-L
Standard Commercial Pier and Float Instal.
Dwg. No. STD -607-L
Standard Pier Sections
Dwg. No. STD -609-L
Pile Details
Dwg. No, STD -620-L
Eye Bolt For Boat Anchorage
Dwg. No. STD -611-L
Gangway Hanger Bracket
Dwg. No. STD -612-L
14.
DESIGN OF STRUCTURES
A. Design of harbor structures that do
not conform to the
Standard Drawings contained within "Standard
Drawings for
Public Works and Harbor Construction," shall be approved by
the Public Works Department prior to
the issuance of a
harbor permit.
B. Harbor structures shall be designed
in accordance with
design criteria adopted by the City
of Newport Beach and
contained within "Design Criteria for Public Works and
Harbor Construction."
C. The decking of all piers and pier platforms shall not exceed
an elevation of 9.0 MLLW.
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 compliance with all rules,
regulations, and conditions set forth in the permit.
B. The policy for set -backs applies to
�oint ownership piers
with the exception that the slips,
floats and piers may
extend over the common property line.
H-1
HARBOR PERMIT POLICIES - Page 10
16. BULKHEADS
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.
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.
U.S. Bulkhead Station 104 for the addresses at 2209, 2223,
2227, 2231 and 2233 Bayside Drive: Recommendations for
bulkheads bayward of the above properties shall require a
special permit approved by the City Council. Staff
recommendation for a bulkhead at these properties shall not
exceed a point bayward of the average high tide line
established at a point 40 feet landward of the face of the
bulkhead at the property at 2137 Bayside Drive, and then on
a straight line from that point to the bayward most point of
the bulkhead at the property at 2301 Bayside Drive.
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 is
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
Building Department.
D. All bulkhead permits may be subject to a detailed
construction drawing being approved by the Building
Department. Drawings signed by a Civil or Structural
Engineer may be required and 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.
•
•
�J
H-1
HARBOR PERMIT POLICIES - Page 11
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.
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.
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.
C. For floating dry docks, at least two (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.
E. Commercial Activities Permits
1. On-site Parking
A. On-site parking shall be provided as follows:
1) Charter vessels: one parking space for
each three occupants, including crew
members;
2) Sport fishing vessels: one parking space
for each two occupants, including crew
members.
B. Said on-site parking shall be provided on the
adjoining upland property. If adequate parking
is not available on-site, all or a portion of
the required parking spaces may be provided at
an off-site location, subject to the approval of
the Marine Director and to Planning Director.
The use of an off-site lot shall not be approved
unless:
1) Such is so located as to be useful in
connection with the use of the vessel.
2) Parking on such lot will not create undue
traffic hazards in the surrounding area.
3) Such lot and the adjoining upland property
are in the same ownership and the owner is
entitled to the immediate possession and
use thereof. Ownership of the off-site
lot is defined as ownership in fee or a
leasehold interest of a duration adequate
to serve the proposed commercial activity.
H-1
HARBOR PERMIT POLICIES - Page 12
C. When a vessel will not offer services to the
general public, all or a portion of the required
parking may be provided at a remote off-site
location, if transportation is provided from the
off-site parking location to the site where the
vessel is moored. Parking for the shuttle
vehicles must be provided near the site where
the vessel is moored unless said vehicles will
be stored at the remote off-site location at all
times when not in use.
D. If the use of the off-site parking location is
approved, the owner(s) and the City shall
execute a written instrument (the form and
content of which is acceptable to the City
Attorney) providing for the maintenance of the
required parking spaces on such lot for the
duration of the commercial activity. Said
instrument shall be recorded in the office of
the County Recorder prior to issuance of a
Commercial Harbor Activities Permit, and copies
thereof shall be filed with the Marine
Department.
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 anchorages shall have a minimum of two 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.
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 Marine Department. 0
0
H-1
HARBOR PERMIT
POLICIES - Page 13
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;
2. The name and address of the manufacturer of all
pumping equipment;
3. A complete description of the materials and the
pumping equipment to be used;
20. SET -BACKS
4. An 8�z x 1111, or larger, sketch clearly showing the
location of the sewage discharge lines, the connection
to the sewer system, and the area to be served.
A.
All piers and floats for residential properties shall be set
back a minimum of five 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
adjoining 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 bulkhead 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 projection 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 distance of more than the width of its beam beyond
the pier, dock or float.
C.
Mooring Fees:
1. Offshore Moorings - $18 per foot per year
2. Onshore Moorings - $9 per foot per year
0
HARBOR PERMIT POLICIES - Page 14
22.
23.
H-1
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.
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 lb feet channelward of the U.S. Pierhead
Line.
C. U.S. Bulkhead Sta. No. 110 to 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 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 to 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. 221. 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. 122 to No. 125. Piers or boat slips
may be permitted to extend 20 feet channelward of the U.S.
Pierhead Line.
K. West Ne ort 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.
•
•
*Based on Harbor Regulations adopted by the City Council on December 15, 1941. 0
H-1
HARBOR PERMIT POLICIES - Page 15
0 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�i feet frontage.
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 No. 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 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.
0.
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 pierhead lines as shown on Harbor Lines Map approved
by City Council and on file in the Public Works Department.
Q.
U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips
will be permitted to extend to the U.S. Pierhead Line.
R.
U.S. Bulkhead Sta. No. 137 to east property line of Beacon
Bay Subdivision. 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. Piers may 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 the City Council.
U.
Bay 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 permitted to extend 16 feet channelward
of the U.S. Pierhead Line. Dredging around floats
shall not exceed a depth of 4 feet a mean lower low
0
water along a line 85 feet channelward of and parallel
to the bulkhead line.
H-1
HARBOR PERMIT POLICIES - Page 16
2. South Bay Front between U.S. Bulkhead Sta. No. 256 and
No. 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.
to
Proloncation of the Norther
3. block 1. Resu4division or 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.
W. 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 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 westerly 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 pierhead lines as shown on Harbor Lines Map approved
by City Council and on file in the Public Works Department.
is
0
H-1
HARBOR PERMIT POLICIES - Page 17
24. EXCEPTIONS
The City Council may approve exceptions to any of the requirements
and regulations set forth if there are special circumstances or
conditions affecting the harbor installations that would impose
undue hardship on the applicant or if it would be detrimental to
the best interest of the City.
25, SIGNS
A. No signs shall be 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 vending machine installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4
square feet in total area.
26. STORAGE LOCKERS
Storage lockers and boat 'boxes may be installed on shore -connected
piers and floats subjects to the following limitations:
A. The overall height shall not exceed 30 inches when located
bayward of resi ential property zones;
B. The overall height shall not exceed 30 inches when located
bayward of co#mercial and industrial property zones where
the piers anT floats are used primarily for the mooring of
pleasure boats.
C. The overall."height shall not exceed 60 inches when located
on facilities ba ward of commercial and industrial zoned
property where the use is not primarily for the mooring of
pleasure boats.
The overall height shall be measured from the deck of the
pier or float to the top of the storage locker.
(Sec. 26 adopted as Sec. 2 of Addendum No. 1 by Resolution
No. 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 overall dimensions shown on City
of Newport Beach Standard Drawing No. STD -609-M, dated October 26,
1964.
0
HARBOR PERMIT POLICIES - Page 18
28
W
30.
H-1
ENCROACHING PIERS AND FLOATS
In 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.
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.
PATIO DECKS
In areas where the waterways are privately owned, and within
Promontory Bay, patio type decks may be cantilevered beyond the
established bulkhead lines subject to the following conditions:
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.
C. 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 95% open area.
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 commercial,
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.
0
�J
H-1
HARBOR PERMIT POLICIES - Page 11
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. GRAND 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 appproved
Standard Drawings and Specifications issued by the
Marine Department.
2. That all vessels (maximum length 18 feet) moored in
the Grand Canal shall be tied off to pier platform
structures or shore moorings. Floating platforms or
slips will not be allowed. 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 prolongations 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 platforms bayward of those lots at the extreme south
end and north end of Grand Canal, unless approved by
Council.