HomeMy WebLinkAbout(1996, 03/25) - H-1 - Amended1.
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HARBOR PERMIT POLICY
HARBOR INSTALLATIONS GENERAL
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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.
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.
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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.
I. The term "Mean Low Low Water" is abbreviated, M.L.L.W., and refers to
the lowest tide of the daily two -tide cycle.
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's Fire and 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.
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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: 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.
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.
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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 Fire and
Marine 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 Fire
and 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 Event 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 Policy, he /she must first obtain a
Special Event Permit" as provided by Section 510 of the Newport Beach
Municipal Code. Upon issuance of the Special Event Permit, the City of
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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.
5. ISSUING OF PERMITS
A. The Fire and Marine Department 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 Policy 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 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.
C. Prior approval of Orange County will be required when work extends
over tidelands claimed by the County.
D. 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 Fire and Marine Department.
E. A written permit for maintenance is required from the Fire and 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.
F. 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 Fire and Marine Department upon
forms provided therefor. Plans showing the location, extent and character
of the proposed work and required fees shall accompany the application.
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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. 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. Number of plans submitted shall be determined by the Fire and 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. is
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.
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. •
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11. Any existing conditions affecting the construction or docking
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 8 -1/2" x 11 ",11" x 22 ", 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 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 180 days 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 Fire and Marine Department 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.
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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 Fire and 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 Fire and Marine Department is authorized to approve transfers to the
new owners or long -term lessee of the abutting upland property.
D. Prior to the transfer of a Harbor 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. A fee will be charged for this inspection, established by
Resolution of the City Council.
11. DREDGING
A. All dredging will require a permit from the Fire and 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 Fire and Marine Department 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 - $350 plus $27.50 for each additional slip added to
the original configuration and $2.75 for each lineal foot of new
bulkhead except in the Grand Canal where new permits shall be
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2. Revisions - $170 plus: $27.50 for each additional slip added to the
original configuration and $2.75 for each lineal foot of new
bulkhead.
3. Maintenance - No configuration change: $60
Less than 20% replacement.
4. Transfers - A. Inspections $150
B. Transfers $150
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 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.
B. PIER FEES
Annual pier fees are due and payable on 1 March in accordance with the
following schedule:
1. Non - Commercial piers - $70.
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.
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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 1994 -95, pay an annual rent of
26 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.
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STANDARD DRAWINGS
The following Standard Drawings have been approved and are on file in the
Public Works Department:
Precast Reinforced Concrete Groin Panel
Detail For Raising Bulkheads
Grand Canal - Platform and Steps Type I
Grand Canal - Platform and Steps Type Il
Single or Joint Residential Use Gangway
Single Residential Use Float Without Pier
Single Residential Use Float West Newport
Channels
Commercial Pier and Float Installation
Single Residential Use Float With Pier
Single or Joint Residential Use Pier Sections
Pile Details
Eye Bolt For Boat Anchorage
Gangway Hanger Bracket
Datum Planes
Natural Sand Profiles in Newport Harbor
DESIGN OF STRUCTURES
Dwg. No. STD -600 -L
Dwg. No. STD -601 -L
Dwg. No. STD -602 -L
Dwg. No. STD -603 -L
Dwg. No. STD -604 -L
Dwg. No. STD -605 -L
Dwg. No. STD -606 -L
Dwg. No. STD -607 -L
Dwg. No. STD -608 -L
Dwg. No. STD -609 -L
Dwg. No. STD -610 -L
Dwg. No. STD -611 -L
Dwg. No. STD -612 -L
Dwg. No. STD -613 -L
Dwg. No. STD -614 -L
A. Design of harbor structures that do not conform to the Standard Drawings
contained within "Design Criteria and Standard Drawings for Harbor
Construction," needs the approval of 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 and Standard Drawings for Harbor Construction."
C. The decking of all piers and pier platforms shall not exceed an elevation
of 9.0 M.L.L.W. nor be less than an elevation of 8.0 M.L.L.W.
JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the prolongation of
common lot lines subject to the following conditions:
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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 joint ownership piers with the
exception that the slips, floats and piers may extend over the common
property line.
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 Fire and 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."
U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and
2233 Bayside Drive: 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 landward adequate to contain the fill •
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behind the bulkhead. 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 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.
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.
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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 Fire and Marine Chief and the 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.
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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 Fire and Marine Department.
1* 18. SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be equipped with
fire fighting facilities as specified by the Fire and Marine 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.
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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 Fire and Marine Department. •
In requesting approval, the following information must be submitted in
letter form to the Fire and 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;
4. An 8" x 11 ", or larger, sketch clearly showing the location of the
sewage discharge lines, the connection to the sewer system, and the
area to be served.
20. SETBACKS
A. All piers and floats for residential properties shall be set back a minimum
of five feet from the projection of the property line.
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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, special consideration will be given to 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
is
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 for both onshore and offshore moorings shall be set annually
by Resolution of the City Council.
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.
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Whenever any application to install a new, non - commercial pie r is to be taken
under consideration, all occupants within 300 feet of the proposed work shall be
notified in writing by the Fire and 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 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 the Fire and Marine Department.
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 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 the Fire and Marine Department
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.
Based on Harbor Regulations adopted by the City Council on December 15, 1941.
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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 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.
O. 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 prolerty line of Beacon Bay_
Subdivision. Piers shall be granted under special permits approved by
the Fire and Marine Department to extend 16 feet beyond the U.S.
Pierhead Line.
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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 Fire and Marine Department.
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 Fire and Marine Department. 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 water along a line 85 feet channelward of and parallel to •
the bulkhead line.
2. South Bav 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. South Bav 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 BaV 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. •
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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 the Fire and Marine Department 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.
24. EXCEPTIONS
Exceptions may be approved 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.
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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.
STORAGE LOCKERS
Storage lockers and boat boxes may be installed on shore - connected piers and
floats subject to the following limitations: •
A. The overall height shall not exceed 30 inches when located bayward of
residential property zones.
B. The overall 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 overall 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 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 issuance of a Harbor Permit •
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28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting upland
property owned by others, a new permit, 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 Fire and Marine Department 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,
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.
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2. Railings not over 42 inches in height with approximately 95% open
area.
30. FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered by the Fire and Marine
Department, 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.
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
Design Criteria and Standard Drawings for Harbor Construction"
adopted by the City of Newport Beach. •
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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
Fire and Marine Department shall be prohibited.
3. That the permitbee 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 Fire and 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.
Reaffirmed - January 24,1994
Amended - June 27,1994
Amended - June 26,1995
Amended - March 25,1996
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