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HomeMy WebLinkAbout(1991, 04/08) - H-1 - AmendedC l/ 1, u HARBOR PERMIT POLICIES ` Adopted - June 1, 1964 (Res. Amended - October 19, 1964 / Amended - October 26, 1964? Amended - April 27, 1965 ` Reaffirmed - August 30, 1964 Amended - January 9, 19;67 Amended - July 24, 19611 Amended - June 24, 19 8 Amended - August 1Z61, 1968 Amended - December 3, 1968 Amended - January 1970 Amended - August 4, 1972 Amended - June 1973 Reaffirmed - Dece er 10, 1973 Amended - Dec ber 17, 1973 Amended - Ju 10, 1974 Reaffirmed - No ember 11, 1974 Amended - rch 10, 1975 Amended - pril 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 Amended December 11, 1978 Amended March 12, 1979 H -1 r 19) 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 Amended January 14, 1985 Amended March 25, 1985 Amended June 24, 1985 Amended June 22, 1987 Amended June 13, 1988 Amended November 28, 1988 Amended June 26, 1989 Amended September 25, 1989 Amended November 27, 1989 Amended May 14, 1990 Amended June 25, 1990 Amended April 8, 1991 H -1 is 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. Plans 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 C C 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 A -I H -1 HARBOR PERMIT POLICIES. 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 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, ar 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. H -1 HARBOR PERMIT POLICIES - Page 2 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. 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'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 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. H -1 HARBOR PERMIT POLICIES - Page 3 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. 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. H -1 HARBOR PERMIT POLICIES - Page 4 and issue new permits and revisions to I. Pollution Control: The Permittee shall maintain the area conform to the standard harbor delineated on the harbor permit free and clear from beached drawings and the or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to plan avert any other type of pollution of Newport Harbor from recreational and /or commercial use of the tidelands. of a 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. 5. ISSUING 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 a Building Department permit when applicable. H -1 HARBOR PERMIT POLICIES - Page 5 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 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. 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. HARBOR PERMIT POLICIES - Page 6 0 7 H -1 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 $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. 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. 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 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. is is H -1 HARBOR PERMIT POLICIES - Page 1 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. 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 0 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 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. 7 H -1 HARBOR PERMIT POLICIES - Page 8 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. 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. 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. H -1 HARBOR PERMIT POLICIES - Page 9 12. FEES u 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 except in the Grand Canal where new permits shall be $65. 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: $ 50 Less than 20% replacement. 4. Transfers - $275 5. Dredging - $190 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. 8. 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 - $50. 2. Commercial piers not over City Tide and Submerged Lands - $20 base fee plus the following sums for additional slips and /or floats: HARBOR PERMIT POLICIES - Page 10 a. Not more than 10 slips or floats 2 each H -1 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 50F for each slip or float in excess of 20. 3. Commercial piers over City Tide and Submerged Lands - Fee is included in rental rate imposed pursuant to Sub - Section C. C. ANNUAL RENTAL. 1. Permittees having commercial piers over City Tide and Submerged Lands shall, for 1990, pay an annual rent of 22 per square foot of permit area (base rental). 2. Annual rent shall be paid on or before March 1. 3. 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. 4. 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. 5. 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. 6. 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. 1 H -1 HARBOR PERMIT POLICIES - Page 11 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 -606 -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. H -1 HARBOR PERMIT POLICIES - Page 12 3. The permit shall provide that all parties shall have is 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 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 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. 0 HARBOR PERMIT POLICIES - Page 13 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. H -1 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 REOUIREMEENTS 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; H -1 HARBOR PERMIT POLICIES - Page 14 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 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. 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. H -1 HARBOR PERMIT POLICIES - Page 15 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. 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; HARBOR PERMIT POLICIES - Page 16 20. 21 H -1 SET -BACKS is 4. An M x ll-, 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. 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. 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. H -1 HARBOR PERMIT POLICIES - Page 17 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. 23. *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 t9 -122. 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-1-14. 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 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. Based on Harbor Regulations adopted by the City Council on December 15, 1941. H -1 HARBOR PERMIT POLICIES - Page 18 • 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 2k 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 No1 13-1. 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 Bav 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. • H -1 HARBOR PERMIT POLICIES - Page 19 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 Bav 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 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. 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. 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. I u H -1 HARBOR PERMIT POLICIES - Page 20 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. 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. rei HARBOR PERMIT POLICIES - Page 21 26. 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 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. 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, 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 608 of the replacement value of the pier and float has been destroyed. Val HARBOR PERMIT POLICIES - Page 22 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, 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 958 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 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. H -1 HARBOR PERMIT POLICIES - Page 23 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 approved 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. H -1 HARBOR PERMIT POLICIES - Page 23 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 approved 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. 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.