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.