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HomeMy WebLinkAbout(1978, 05/22) - H-1 - AmendedHARBOR PERMIT POLICIES Adopted - June 1, 1964 (Resolution 6019) Amended - October 19, 1964 (Reno ution :00 4 l' Amended - October 26, 1964 (Reaol ion 6047) Amended - April 27, 1965 ( Resolutio \ 6841) Reaffirmed - August 30, 1966 Amended - January 9, 1967 Amended - July 24, 1967 Amended - June 24, 1968 (Resolution Amended - August 19, 1968 (Resoluti Amended - December 23, 1968 Amended - January 26, 1970 Amended - August 14, 1972 Amended - June 25, 1973 Amended - December 17, 1973 Amended - June 10, 1974 / Reaffirmed — Nwernblr 11, 1974 Amended Amended Amended Amended Amended Amended Amended Amended Amended Amended March 10, 1975 April 28, 1975 May 27, 1975 October 28, 1975 December 8, 1975 May 10, 1976 October 26, 1976 November 22 1976 May 23, 1917 May 22, 1978 H -1 HARBOR PERMIT POLICIES H -1 I N D E X 1, Harbor Installations General 2, Definitions 3. Permits Required 4. General Provisions of Permit 5. Issuing of Permits 6. Application for Harbor Permits 7. Plans to Accompany Permit Applications 8. Expiration of Permit 9. Bond Requirement 10. 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. Hayward Location of Piers and 24. Exceptions 25. Signs 26. Storage Lockers 0 HARBOR PERMIT POLICIES I N D E X Cont.) 27. Race Committee Platform 28. Encroaching Piers and Floats 29. Patio Decks 30. Floating Dry Docks 31. Promontory Bay 32. Grand Canal H -1 H -1 11/22/76 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. B. Shore connected piers and floats bayward of commercial -zoned areas may be usect\by persons other than the occupants of the abutting upland property. C. Only piers nd floats and their appurtenances shall be permitted between nd pierhead lines. the bulkhea D. No private pier shall be permitted at street ends. E. In R -1 zones, only a single pier and float or sl' shall be permitted bayward of each par 1 or lot. 2. DEFINITIONS A. The term "Pier" shall me any fixed or oating structure for securing vessels, loading or unloa ng persons o property, or providing access to the water, and includes harf, dock float, or other landing facility, and dry dock. B. The "Harbor Lines" are establi a ulkhead, Pierhead, and Project Lines. C. The "Bulkhead Lines ", as establ ed, shall define the limit of solid filling or solid structures. D. The " Pierhead Lines ", as es blishe shall define the limit for pier and float -type structures. E. The "Project Lines" shal define the ch nnel lines of the improvements and by the Federal Gove ent in 1935 -1 6. F. The term Liveaboard s all mean the use or ccupancy of a vessel for living quarters eit r permanently or on a emporary basis for a period exceeding 3 days. 3. PERMITS REQUIRED A. No person or a ncy shall build, maintain, extend or make structural alterations o any building, pier, piling, bulkhead, sea wall, reef, breakwater, o other structure in, upon or over the waters of Newport Harbor or, t Pacific Ocean or any other water where the tide ebbs and flows with the City, or do any filling, excavating or dredging in said waters or cean, without first obtaining a written permit to do so from the City. B. The Ora ge County District may do construction work or fill or dredge withi 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. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. Amended November 22, 1976 -1- 0 H -1 12/11/78 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 resid ntial piers shall not create a nuisance with regard to vehicle parkin vessel waste, liveaboards, or noise disturbances to adjoining residen s. B. Shore connected piers and floats bayward of commercial- zoned/stress may be used by persons other than the occupants of the abuttinW upland property. C. Only piers and floats and th 'r appurtenances shal/bep rmitted between the bulkhead and pierhead lin D. No private piers shall be permi ted at street endsE. In R -1 zones, only a single pier d float or slip be permitted bayward of each parcel or lot. 2. DEFINITIONS A. The term "Pier" shall mean any fixed o floati g structure for securing vessels, loading or unloading persons o prop ty, or providing access to the water, and includes wharf, dock, loa or other landing facility, and dry dock. B. The "Harbor Lines" are established Bulkhe d, Pierhead, and Project Lines. C. The "Bulkhead Lines ", as established, s all d fine the limit of solid filling or solid structures. D. The " Pierhead Lines ", as establishe , shall defi a the limit for pier and float -type structures. E. The "Project Lines" shall define he channel lines f the improvements and by the Federal Government i 1935 -1936. F. The term Liveaboard shall mean the use or occupancy of a vessel for living quarters either perman ntly or on a temporary ba is for a period exceeding 3 days. 3. PERMITS REQUIRED A. No person or agency shall build, maintain, extend or make s uctural alterations on any build ng, pier, piling, bulkhead, sea wall reef, breakwater, or other at ucture in, upon or over the waters of ewport Harbor or the Pacific can or any other water where the tide e s and flows within the City, or do any filling, excavating or dredging n said waters or ocean, with ut first obtaining a written permit to do so from the City. B. The Orange County D strict may do construction work or fill or dredge within Newport Har or, 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. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. Amended 12/11/78 -1- H -1 10/26/76 D. A separate permit will be required by the Community Development Department isfor any 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 Agenc'es: The party or parties to whom the Aermit is issued shall, whenever t e same is required' by law, secure th written order or consent to any rk hereunder from the U. S. Corps f Engineers or any other public body h ving jurisdiction, and the permij shall be suspended in operation unl s and until such order or consent is obtained. C. Transferring Permit: The pe it is not transferable wit 'out the written consent of the City of Newport Beach. D. Inspection: The work shall be bject to the supervi ion and approval of the Marine Department. E. Protection of Traffic: Adequate p visions shall made for the protection of the traveling public. Barricade shall be pla d on streets, with lights at night, also flagmen employed, all s may be r uired by the particular work in progress. The Permittee shall not attempt to forbi the ull and free use by the public of all navigable waters at or adjacent t th work or structure. If the display of lights and signals on any work eby authorized is not otherwise provided by law, such lights and signals, may be prescribed by Bureau of Light Houses, Department of Commerce, sha a installed and maintained at the expense of the Permittee. Structures shall be so constructed as of to o struct, interfere with or prevent the free use or passage of an sidewalk ,street, alley, public way or navigable channel. F. Liability for Damages: The Permit ee is responsib a for all liability for personal injury or property damag which may arise ut of work herein permitted, or which may arise ou of the use or poss ssion of said works, and in the event any claim is m e against the City o Newport Beach or any department, officer, or emp oyee thereof, though, y reasons of, or in connection with such work, ermittee shall defend, demnify and hold them and each of them, harmle s from such claim. G. Revocation of Permit: The only and the City of Newpor to revoke this permit at a remove said works within ment shall have the right t of the Permittee. rQghts given under this permit are permissive Beach reserves full right, po er and authority time. In the event the Permit ee fails to a time specified, then the Marine Safety Depart - immediately remove same at the c st and expense H. Repairs: The Permittee hall keep the structures in good repair at all times. Failure to repa r, when written notice has been given by the Marine Department, shall be cause for the revocation of the permit. 2- Amended - October 26, 1976 H -1 11/22/76 HARBOR PERMIT POLICIES - Page 3 I. Pollution Control: The Permittee shall maintain the area delineated on the harbor permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor from recreational and /or commercial use of the tidelands. Failure to comply with the provisions of this section shall be cause, after written notice has been given to the Permittee by the City, for the revocation of the permit. When unusual circumstances arise with respect to the collection of debris or litter, the City Manager may authorize by the use of City forces or by contract the removal of said debris. J. Rights to impose rental or other charges: The approval of the foregoing permit by the City of ewport 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 w th the maintenance of the proposed facility and user of the same. The im sing of tidelands rental, or use, fe shall not be extended to include rivat: residential piers and slips constructed and used solely by the abut 'ng uplands owner for recreations purposes, unless otherwise directed by tat: Mandate. K. In those areas of the harbor wh re the piers and floats at bayward of residential zoned areas and are eserved for the occupant of the abutting upland property, liveabo ds shall not be permi ted. 5. ISSUING OF PERMITS A. The Marine Department without City Cou cil approval authorized to approve and issue new permits and revis ns to :xis ng permits that conform to the standard harbor drawings a d the ado ted Harbor Permit Policies. B. Prior approval of the City Council will be equir d before the Marine Department may issue any permit that does no co form to the standard harbor drawings and the adopted Harbor Permit P licies. C. Prior approval of the City Council will also a required before issuing a permit for shore - connected structures when 1. The abutting upland property is a dedi ated pu lic right of way except along the Grand Canal on Balboa Islan . 2. The abutting upland property is own by the Cit except around Lido Isle and Harbor Island. 3. The abutting upland property is z ned commercial. 4. Approved Bulkhead Lines, Pierhe Lines, or setback nes do not exist. 5. The structure would affect a d signated swimming area. 6. Commercial signs are to be i talled. 7. More than one slip or float is requested bayward of a si le parcel. D. Prior approval of the U.S. Cs of Engineers will be required before issu- ing any permit. Application o the U.S. Corps of Engineers may be made on forms provided by the U.S. C rps of Engineers. E. Prior approval of Orange C my will be required when work extends over tidelands claimed by the ounty. Amended - November 22, 1976 1 E Im HARBOR PERMIT POLICIES - Page 4 H -1 10/26/76 F. Prior approval of the Joint Harbor Committee will be required before issu- ing any permit when: 1. Work extends beyond the U.S. Pierhead Line, except when permitted by Section 23 of these policies. 2. Harbor lines have not been established by the U.S. Corps of Engineers, or defined by a harbor lines map approved by the Joint Harbor Committee and the City Council. G. Before issuing a Harbor Permit, for any unusual type of harbor structure, or for a structure on which the applicant proposes a use that is not in keeping with the surr unding area, all bayfront property owners or lon term lessees within 3 ' of the proposed work shall be notified in wr' ing by the Marine Departmen . A. Applications for authority erect structures shall be submip, ed to the Marine Department upon forms ovided therefor. Plans show:' 4g the location, extent, and character of the proposed work and r9quired fees shall accompany the application. B. The application must be signed b\ ih owners or of the abutting upland property. m lessee party having a leasehold on the or a peri C. Applications for joint ownership 11 be s'g or any long -term lessee of the abutting up and p op 7. PLANS TO ACCOMPANY PERMIT APPLICATIONS A. Plans accompanying the application will fo a part must be carefully prepared in the form pr crib d. B. Samples of drawing to accompany applica ions will be furnished by the Marine Department, C. Number of plans submitted s/be rmined by the ment. D. Plans shall include the fol1. Date of drawing and ori 2. Location and dimension of proposed structure and 1 long -term lessee 1 be defined as a greater than 5 years. by all fee owners ies. of the permit and structures on ad'ace properties. 3. Location of bulkhe d, pierhead, and project lines. 4. Location of U.S. Bulkhead stations. 5. Location of pr perty lines. 6. Location of channel markets. 7. Lot size.Vand lot numbers. Amended - October 26, 1976 Depart- of existing HARBOR PERMIT POLICIES - Page 5 H -1 10/26/76 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 opera- tion. E. Drawing size shall be 8 -1/2" x 11 ", 11" x 22 ", or 21" x 31" F. Scale shall be adequate to clearly show the above information. G. Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 8. EXPIRATION OF PERMIT A. The time limit for the comply shall be 2 years from date of B. All permits shall expire unless completed within the time limit of all work authorized by/8 permit oval. % work contemplated shall have been C. If the work contemplated has been st ted and dili ently prosecuted but not completed in the time limit sp cified, a ime extension may be granted by the City Council upon rec ipt of written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is such at i left incomplete it will create a hazard to human life or endanger djoini property, a cash bond or surety bond satisfactory to the City torney i the sum of 100 percent of the estimated cost of the work will required guarantee the faithful performance of the proposed work. 10. TRANSFER OF PERMITS A. Permits for harbor structure are issued subject to a condition that any improvements constructe shall not be sold in who or part, leased, or transferred, without t written consent of the City B. Whenever a permittee se s the abutting upland property, request shall be made to the City to transfer the permit. Forms for thi purpose may be obtained from the arine Department. Failure to apply fo a transfer within 30 d s from the date that the abutting uplan property changed ownership w 1 result in an additional fee by the City. C. The Marine Departent is authorized to approve transfers to the new owners or lon -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 within 6 months from date of transfer. Amended - October 26, 1976 is H -1 11. DREDGING 5122178 A. A permit for dredging will not be required when: 1. Dredging has been approved in connection with a permit for any shore- connected structure. B. All other dredging will require a permit from the Marine Department and may be subject to engineering approval by the Public Works Department. C. Major dredging outside the established harbor lines will require prior approval by the City Council and the U.S. Corps of Engineers. 12. FEES A. INITIAL PERMIT FEES 1. New Permits 2. Revisions 3. Transfers 4. Dredging 5. For work started but not a $60.00 fee will be cha extension. 6. For all transfers not ap abutting upland property 60.00 will be charged. 7. If the value of work pr replacement value of t e be required. B. PIER REGISTRATION FEES. Ann payable on 1 March in ac ord Administrative Action $190.00 Council Action $270.00 Plus: 25.00 fo/ veAction itional slip and each lineal foot of bcept in the Grand re new permits s0.00 Administron $ 85.00 Council A$140.00 Plus: 5.00 f r each add itional s p a $2.50 for each lineal foo o bulkhead. 155 OR 7,-.00 shed with the time limit specified, for any Co cil request for a time for within 3 days from the date the ged ownership, n additional fee of osed under a revision s over 50% of the existing structure, a w permit will al pier registration fees re due and nce with the following sche ule: 1. Non - commercial pier - -- $10.00 Amended -_gay_ 22, 108 -6- A. Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings. B. The following standard drawings, dated June 1, 1964, have been approved and are on file in the Public Works Department: 1. Grand Canal - Platform and Steps Type I Dwg. No. STD -601 -L 2. Grand Canal - Platform and Steps Type II Dwg. No. STD -602 -L 3. Standard Bulkhead Allowable Encroachments Dwg. No. STD -603 -L 4. Standard Residential Float West Newport Dwg. No. STD -604 -L Channels 5. Standard Residential Float without Pier Dwg. No. STD -605 -L 6. Standard Residential lost with Pier Dwg. No. STD -606 -M 7. Standard Commercial Pi r and Float Install. Dwg. No. STD -60 Z 8. Standard Pier Sections a d Pier Details Dwg. No. STD -6 -M 14. DESIGN OF STRUCTURES A. All structures shall be aufficien strength to support the etimated or actual imposed dead and live loads ithout exceeding the tresses allowed in accepted engineering design for t material used, p vided that no structure or part thereof shall be de fined for live ads less than those specified hereinafter. B. Platforms, piers, and brow structures sha 1 be des fined to support a minimum live load of 40 P.S.F. of horizont pro ction. Float struct- ures shall be designed to sustain a minimum oa of 20 P.S.F. of hori- zontal projection for buoyancy calculations a minimum load of 30 P.S.F. of horizontal projection for stress c ulations. C. All railings and railposts shall be design d to ithatand a minimum horizontal force of 20 P.L.F. applied at he top of the railing. D. No reduction of the assume/ to d all be all d in any part of the design except that in f timber struct res the working stress may be increased by mpact only. 15. JOINT OWNERSHIP PIERS A. Permits may be granted for ership piers at the rolongation of common lot lines subject towing conditions: 1. No permits will be grarsons other than the owners or long -term lessee of th g upland properties. 2. The permit applica term lessee of all facility. Amended 5/27/75 must be signed by the fee owners or long - ting upland property having access to the 7- H -1 10/26/76 2. Commercial piers - 0.00 basic fee plus additional charges for slips or floats as follows: a) Not more than 10 slips or floats 2.00 each. b) Not more than 20 slips or floats 20.00 plus 1.00 for each slip or float in excess of 10. c) More than 20 slips or floats 30.00 plus 50 for each slip .or,float.in excess of.20. . 13. STANDARD DRAWINGS A. Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings. B. The following standard drawings, dated June 1, 1964, have been approved and are on file in the Public Works Department: 1. Grand Canal - Platform and Steps Type I Dwg. No. STD -601 -L 2. Grand Canal - Platform and Steps Type II Dwg. No. STD -602 -L 3. Standard Bulkhead Allowable Encroachments Dwg. No. STD -603 -L 4. Standard Residential Float West Newport Dwg. No. STD -604 -L Channels 5. Standard Residential Float without Pier Dwg. No. STD -605 -L 6. Standard Residential lost with Pier Dwg. No. STD -606 -M 7. Standard Commercial Pi r and Float Install. Dwg. No. STD -60 Z 8. Standard Pier Sections a d Pier Details Dwg. No. STD -6 -M 14. DESIGN OF STRUCTURES A. All structures shall be aufficien strength to support the etimated or actual imposed dead and live loads ithout exceeding the tresses allowed in accepted engineering design for t material used, p vided that no structure or part thereof shall be de fined for live ads less than those specified hereinafter. B. Platforms, piers, and brow structures sha 1 be des fined to support a minimum live load of 40 P.S.F. of horizont pro ction. Float struct- ures shall be designed to sustain a minimum oa of 20 P.S.F. of hori- zontal projection for buoyancy calculations a minimum load of 30 P.S.F. of horizontal projection for stress c ulations. C. All railings and railposts shall be design d to ithatand a minimum horizontal force of 20 P.L.F. applied at he top of the railing. D. No reduction of the assume/ to d all be all d in any part of the design except that in f timber struct res the working stress may be increased by mpact only. 15. JOINT OWNERSHIP PIERS A. Permits may be granted for ership piers at the rolongation of common lot lines subject towing conditions: 1. No permits will be grarsons other than the owners or long -term lessee of th g upland properties. 2. The permit applica term lessee of all facility. Amended 5/27/75 must be signed by the fee owners or long - ting upland property having access to the 7- H -1 10/26/76 3. The permit shall provide that all parties s.all have equal rights under the permit and shall be held jointly responsible for com- pliance with all rules, regulations, and conditions set forth in the permit. B. The policy for set -backs applies to joint ownership piers with the exception that the slips, floats and piers may extend over the com- mon property line. 16. 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 etaining wall structures proposed to be constructed bayward of the ba and most line of vacated East Bay Avenue shall be subject to City Co ncil approval. B. Bulkheads shall be at the existing height established fo the area and shall be connected to adjacent bulkheads. In cases whe no adjacent bulkhead or bulkheads exist, _a ng wall or wing walls shall be constructed from the bulkhead landward adequa to contain the fi behind the bulkhead. No solid or masonry structure shall a constructed o a bulkhead. C. The height and design of all bulkheadsind wing wa}'ls shall be subject to the design and construction standards of the Public Works Department. D. All bulkhead permits may be subject to a de ail d construction drawing being approved by the Public Works Departmen Drawings signed by a Civil or Structural Engineer may be required d shall clearly show the following: 1) Exact location of bulkhead and anchor b ocks. 2) Top and bottom elevations. 3) Design loads and any surcharge loadin . 4) Depth of dredging and any sounding d a. 5) Details of returns or connection to xisting walls. 6) Any special conditions affecting bu khead constructio or design. E. Reference may be made to City Standar Drawings for typical slab and cop- ing details. F. The bulkhead shall not be used to spport any structure on the \abutting upland property unless the bulkhea has been properly designed o carry the additional loads. G. In areas where there is existing development and it is of direct b nefi to the City to have a bulkhead onstructed, the City may contribute\ 1/3 of the cost of constructing a bulkhead across street ends. H. All private bulkheads constructed along street right of way lines shall conform to the City Standard Drawings for a concrete bulkhead. 8- Amended - October26, 1976 LJ r1 H -1 10/26/76 17. PARKING REQUIREMENTS A. All commercially operated boat docking facilities shall provide 0.75 park- ing 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 at rage areas, 0.33 parking stalls shall be provided for each storage space avva fable. C. For floating dry docks at least 2 off - street parking stalls "hall be pro- vided exclusively fore h dry dock. / D. All parking shall conform t the City of Newport Beach o - street parking standards. 18. SAFETY REQUIREMENTS A. All commercially operated boat d cking facilities hall be equipped with fire fighting facilities as speci ied by the Fir Chief of the City of Newport Beach. B. Any electrical service upon any under a permit obtained from the ment Department. C. Any domestic water service upon any p under a permit obtained from the City Department. / dock float shall be installed of N port Beach Community Develop- dock, or float shall be installed ewport Beach Community Development D. All commercial piers, floats or d ks used fok the loading of passengers, shall be lighted in such a manne as to provid an illumination level of 0.5 -foot candles for all areas jdsed for the loa ng of such passengers. 19. SANITARY REQUIREMENTS A. A permit for a pier, dock float shall not be issue until the rough plumbing for the dwelling unit or the required restroo_ serving such pier, dock or float, has een installed and approved by a City Building Inspector. The use of pier, dock or float will not be a lowed until restroom facilitieA ar completed and in operation. B. All public or privat commercially operated shore - connected boa` anchor- ages shall have a nimum of 2 restroom facilities, one for women and one for men, for each 0 boat slips or boat berths available in the anchorage area. The minim walking distance from the furthest boat berth to the restroom facilit shall not exceed 400 feet. C. Sewage Pumping/Facilities Permission may be granted to install and operate sewage pumping facilities for boats M30ored 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; Amended - October 26, 1976 -g H -1 10/26/76 2. The name and address of the manufacturer of all pumping equipment; 3. A complete description of the materials and the pumping equipment to be used; 4. An 8 -1/2 x 11, or larger, sketch clearly showing the location of the sewage discharge lines, the connection to the sewer system, and the area to be served. 20. SET BACKS A. All piers and float for residential properties shall minimum of 5 feet fro the projection of the property B. All piers and floats foil commercial properties may of the property line. \ , C. The projection of the pro bulkhead shall generally b for piers and floats. Beca preclude the strict applica ing properties, Council app projections of the property conditions exist: set back a e. to the projection ty line bayward of a same bearing from the used in determinen the allowable set backs e there are cer in physical conditions which n of this pol y without prejudice to adjoin- ov 1 will be r quired in areas where precise lin have not been determined and the following 1. Where property lines are not head line. 2. Where curves or angles exist perpendicular to the bulk- line. 3. Where bridges, topography, reet ends or publicly -owned facilities adjoin the property. 21. MOORINGS A. Boats moored at private or public docks shall no extend beyond the pro- jection of the property nes of the property to ich the dock facility is connected in accords a with Section 20 -C. B. Any boat moored at a ier, dock, or float shall not ex nd bayward a dis- tance of more than a width of its beam beyond the pier dock or float. 22. BALBOA ISLAND No new, non - commer al piers on Balboa Island shall be recommended unless it is in the public nterest or unless it is at such a location that it is not usable for swi ng 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. 10- H -1 10/26/76 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. D. out to the U. S. Pierhead Line out to the U. S. Pierhead Line. Adams Street will be subject to s E. U. S. Bulkhead Sta. No. 113 to N permit approved by City Council. Piers will be permitted t extend Piers will be permit _d to extend ial piers between " Street and permits approved City Council. Piers shall be/bubject to a special F. U. S. Bulkhead Sta. No. 114 to No. 119 \Piers wi to the U. S. Pierhead Line. G. U. S. Bulkhead Sta. No. 119 to No. 120 20 feet beyond the U. S. Pierhead Line. H. U. S. Bulkhead Sta. No. 120 to No. 221 20 feet beyond the U. S. Pierhead Line. I. The Rhine. Special permits approved construction of piers in the Rhine, Sta. No. 120. J. U. S. B to extend 20 feet channelward K. West Newport Channels Piers and the channel lying westelr permitted to extend be permitted to extend may be permitted to extend City C until shall be required for ending n rtherly from U. S. Bulkhead Piers or bat slips may be permitted S. Pierhea Line. y be permitted in the of Newport Boulevard. Piers, slips, and floats ill be permitted to extend of 30 feet maximum from he channel lines in the Rivo the channel lying west ly of Newport Boulevard. Alto, the Rialto, elward a distance the Rialto, and Property extending the ordinary high tide line, with a frontage exceeding thirty (30) feet wi 1 be allowed 1 foot increase in float width parallel to the Pierhead Line for each additional 2 -1/2 feet of frontage. Based on Harbor Regulations adopted by City Council on December 15, 1941. Amended - October 26, 1976 Dow H -1 10/26/76 The piers, slips and floats in Balboa Coves shall not extend into the channel a distance greater than 30 feet from north line of channel shown on Tract 1011. Floats up to 20 feet in length may extend into the bay the 30 feet from the said line of waterway; however, for floats over 20 feet in length, the 30 feet distance shall be reduced 1 foot for each 2 feet added to the length of the float. The maximum permissible length of float shall be 30 feet. (Second paragraph of Sec. 23 (k) added by Resolution 6139.) L. U. S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to extend to the U. S. Pierhead Line. M. U. S. Bulkhead Sta No. 227 permitted to extend the N. U. S. Bulkhead Sta. No. 28 permitted to extend to th 0. U. S. Bulkhead Sta. No. 130 permitted to extend 20 feet Piers or boat slips will be No. 130. Piers or boat slips Y111 be S. Pierhead Line. / Piers or boat s}Xlps may be of the U. S. P rhead Line. P. Upper Bay. Piers or boat slip may be permitted to extend to the pier - head lines as shown on Harbor L nes Map approved City Council and on file in the Public Works Depa tment. Q. U. S. Bulkhead Sta. No. 132 to No. 37. Pie or boat slips will be per- mitted to extend to the U. S. Pierh d Line R. U. S. Bulkhead Sta. No. 137 to east vr'Qgg±tv line of Beacon Bay Sub division. Piers shall be granted under special permits approved by City Council to extend 16 feet beyond U. S. Pierhead Line. S. No. Piers may be permitted to extend 0 feet than elward of the U. S. Pierhead Line. T. U. S. Bulkhead Sta. No. 104 to No. 106. Piers sh 11 be subject to special permits approved by City Co il. U. Bay Island. Piers will be ermitted to extend to the U. S. Pierhead Line on the west, northerly an easterly sides of the Islan Piers will not be permitted on the nor side of the channel south of ay Island. V. Balboa Island. All new piers shall be subject to special\ ermits approved by the City Council. evisions to existing piers will be rmitted providing they do not lessen t use of either the immediate water or and areas. 1. South Bay Front East of U. S. Bulkhead Sta. No. 256. Piers may be per- mitted to extend 16 feet channelward of the U. S. Pierhead Line. Dredg- ing around floats shall not exceed a depth of 4 feet a mean lower low water along a line 85 feet channelward of and parallel to the bulkhead line. 12- H -1 10/26/76 2. South Bay Front between U. S. Bulkhead Sta. No. 256 and 259. Piers may be permitted to extend 10 feet channelward of the U. S. Pierhead Line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead line. 3. South Bav Front from Emerald Avenue Northwesterly to the Westerl Proloneation of the Northerlv 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. Pier ad Line, except where a pier line has been est lished by the City. Drell g around floats shall not exceed a depth of 2 feet at mean lower low watef along a line 60 feet channelward of th parallel to the U. S. Bulkhead ne or the existing concrete bulkhead. 5. East Bay Front. Piers ma be permitted to extend 10 feet hannelwar of the U. S. Pierhead Line ortherly of the northerly li a of Park Avenue and 16 feet channelw d of the U. S. Pierh5ne. d L e southerly of the northerly line of Par Avenue. Dredging a floats shall not exceed a depth of 2 feet mean lower low wa along a line 60 feet channelward of and naralle to the bulkhead W. Collins Isle. Piers will be permitte extend t the U. S. Pierhead Line on the southwest and west side of Collins I e. No piers will be permitted on the north or east side of llins sle. X. Harbor Island. Piers will be permitted to a tend to the U. S. Pierhead Line. Special permits approved by City Co it will be required for piers northeasterly of Lots 14, 15, / een 3 Y. Lido Isle. Piers may be permitted nd \ 20 he U. S. Pierhead Line, except on the westerly side bU. ead Sta. No. 172 and No. 174. Piers may be permitte tet beyond the U. S. Pierhead Line between U. S. Bulkhe d Sta. No No. 174. 1. Piers and floats will not *permitted in the beat area along the northerly side of Lido Isl between the easterly li of Lot 849 and the westernly line o/ of 493. 2. Piers and floats wilbe permitted in the beach are along the southerly side of Lie between the easterly line of Lot 919 and the westerly lin ot 457. Z. Linda Isle. Piers or Yost slips will be permitted to extend to he Pier- head lines as shown o l Harbor Lines Map approved by City Council d on file in the Public W rks 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 13- H -1 10/26/76 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 t fuel, gasoline, live bait, ice, beer and similar general list services and commodities but do not brand. 2. Brand name signs which are customarily a part of ing machine installation. the public such as signs which in advertise a specific a fuel pump or a vend- B. No sign permitted beyond the bulkhead lines shall exceed 4 squa {e feet in total area. \ 26. STORAGE LOCKERS Storage lockers and boat boxes may\pe installed on floats subject to the following lima ations: A. The over -all height shall not excee 30 inches when residential property zones; B. The over -all height shall not exceed 3 inches w en commercial and industrial property zones where he used primarily for the mooring of pleasur bo a. C. The over -all height shall not exceed 60 inc s bayward of commercial and industrial zone pr y primarily for the mooring of pleasure bo s. The over -all height shall be measured to the top of the storage locker. Sec. 27 adopted as Sec. 2 of Addendum 27. RACE COMMITTEE PLATFORM 28. the piers and cated bayward of located bayward of piers and floats are when located on facilities ert where the use is not 1 by Resolut of the pier or float 6041.) Race committee platforms and instr ction platforms may be con st acted bayward of the bulkhead lines at recogniz d yacht clubs and recognized s ling schools. All work shall require prior app oval of the City Council and unle s otherwise specified shall be in conforman a with the over -all dimensions sho on City of Newport Beach Standard Draw ng No. STD- 609 -M, dated October 26, 19 4. In areas where existing pi rs 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 f existing use of the piers and floats. 14- H -1 10/26/76 2. Any change in type of existing use of the abutting upland property owned by the permittee. 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. 4. Any destruction of the pier and float in which over 60% of the replacement value of the pier and float has been destroyed. Before the City Council acts on the new permit, the owner of the abutting uplafid property, in front of which the harbor facility encroaches, shall be not ifi 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 P patio type decks may be cantilevered beyond the established bu to the following coidition: A. The maximum project' n of patio decks encroachments line shall be limited o 5 feet. B. The minimum setbacks from a prolongations of the shall be 5 feet. C. No float shall be permitted D. No permanent structure shall be the patios except: 2 feet of thy./decks. 1. Planters and benches not over 16 2. Railings not over 42 inches in on ry Bay, lines subject the bulkhead property lines projecting portion of in height. approximately 95% open area. 30. FLOATING DRY DOCKS A. Permits for floating dry dock/ baard considered approval by the City Council, subject to the folloitions: 1. The location is in waters of commercial, m facturing or unclassified zones. 2. The prior approval of a U by the Planning Commiss' n. B. Permits for floating dry ds are issued for one location only. A new permit must be obtained to Oove a floating dry dock from one location to another location within th harbor. Amended - October 26, 15- C HARBOR PERMIT POLICIES - Page 16 31. PROMONTORY BAY H -1 10/26/76 The following conditions are to be placed on each harbor permit when approved: A. That the permittee shall be responsible and maintain the area delineated on the harbor permit free and clear from floating rubbish,debris or litter at all times. B. That the permittee shall be responsible for all maintenance dred in accordance with the esign profile for Promontory Bay, for e area between the bulkhea line and plerhead line as delineate by the harbor permit. 32. GRAND CANAL A. The following conditions are tc be in effect and placo on each harbor permit for the Grand Cana 1. That the permittee shall be al wed either one pier platform, or in lieu thereof, two shore moors g type appu enances per lot. Pier platforms and shore mooring shall be onstructed according to approved Standard Drawings and pecifi tions issued by the Marine Department. 2. That all vessels (maximum length 18' oored in the Grand Canal shall be tied off to pier platform s ctures or shore moorings. Vessels tied to the bulkhead or by t ate methods not approved by the Marine Department shall be rohi ited. 3. That the permittee shall be allo ed no mo a than one vessel per shore mooring. 4. That any shore mooring appro d for the Gran Canal shall display a permit number issued by t e Marine Departme t. 5. That each vessel tied to y pier platforms in he Grand Canal be anchored from the stern 'n such a method as to event the vessel from swinging into adjo' ing vessels or across ba and prolonga- tions of private prope ty lines. B. There shall be no permi issued for shore moorings or ier platforms fronting on alleys, av ues or other public easements t rminating on the Canal. C. There shall be no n permits issued for shore moorings or pier plat- forms bayward of t ose lots at the extreme south end and north end of Grand Canal, un ess approved by Council. Amended - October 26, 1976