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HomeMy WebLinkAbout(1980, 06/09) - H-1 - Amendedv lt H -1 HARBOR PERMIT Adopted June 1, (Reso tion 6019) Amended - December 11, 1978 Amended October 1964 (xsolution 6041) Amended March 12, 1979 Amended October 1964 Resolution 6047) Amended - June 25, 1979 Amended April 265 ( solution 6139) 4 y Reaffirmed - Augu, 1 6 Amended January 1967 Amended July 2467 Amended 64 June 2468 (Resolution 6796) Amended August 1 68 (Resolution 6841) Amended Decembe1968 Amended January 1970 Amended August 1972 Amended June 2573 i '7` Amended Decembe, 1973 Amended June 10 74 Reaffirmed — Novarn.` lar 11, 1974 Amended Amended Amended Amended Amended Amended Amended Amended Amended) AmendeA Marc 10, 1975 Apr 28, 1975 Ma 27, 1975 0 obey 28, 1975 D cember 8, 1975 ay 10, 1976 October 26,, 1976 Mae23r 197 1976Y May 22, 1978 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 0 12. Fees FIE" 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 FIE" HARBOR PERMIT POLICIES I N D E X 27. Race Committee Platform 28. Encroaching Piers and Floats 29. Patio Decks 30. Floating Dry Docks 31. Promontory Bay 32. Grand Canal Cont.) pal 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 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 stress may be used by persons other than the occupants of the abutting upland property. C. Only piers and floats and their appurtenances shall be permitted between the bulkhead and pierhead lines. D. No private piers shall be permitted at street ends. E. In R -1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot. 2. DEFINITIONS A. The term "Pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, or other landing facility, and dry dock. 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. 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 permit to do so from the City. B. The Harbor Lines" are established Bulkhead, Pierhead, and Project Lines. C. The Bulkhead Lines ", as established, shall define the limit of solid plan on lands not owned by the filling or solid structures. to a request therefore by the City Council. 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 -1936. 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. 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 permit to do so from the City. C. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. Amended 12/11/78 -1- 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. 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 for 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 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 or any other public body having jurisdiction, and the permit shall be suspended in operation unless and until such order or consent is obtained. C. Transferring Permit: The permit is not transferable without the written consent of the City of Newport Beach. D. Inspection: The work shall be subject to the supervision and approval of the Marine 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 publiCOofallnavigablewatersatoradjacenttotheworkorstructure. If the display of lights and signals on any work hereby authorized is not otherwise provided by law, such 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. C. 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 Depart- ment 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. 2- Amended - October 26, 1976 H -1 11/22/76 HARBOR PERMIT POLICIES - Page 3 L. Pollution Control: The Permittee shall maintain the area delineated on the harbor permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor from recreational and /or commercial use of the tidelands. Failure to comply with the provisions of this section shall be cause, after written notice has been given to the Permittee by the City, for the revocation of the permit. When unusual circumstances arise with respect to the collection of debris or litter, the City Manager may authorize by the use of City forces or by contract the removal of said debris. J. Rights to impose rental or other charges: The approval of the foregoing permit by the City of Newport Beach shall not constitute a waiver of any rights which it may now have or hereafter have to impose rental or other charges in conjunction with the maintenance of the proposed facility and user of the same. The imposing of tidelands rental, or use, fees shall not be extended to include private residential piers and slips, constructed and used solely by the abutting uplands owner for recreational purposes, unless otherwise directed by State Mandate. K. In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted. 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. B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor 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 abutting upland 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 issu- ing 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. Amended - November 22, 1976 HARBOR PERMIT POLICIES - Page 4 H -I 10/26/76 1'. 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 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. 6. APPLICATION FOR HARBOR PERMITS A. Applications for authority to erect structures shall be submitted to the Marine Department upon forms provided therefor. Plana 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 lessee of the abutting upland property. Long -term lessee shall be defined as a party having a leasehold on the property for a period greater than 5 years. C. Applications for joint ownership piers shall be signed by all fee owners or any long -term lessee of the abutting upland properties. 7. PLANS TO ACCOMPANY PERMIT APPLICATIONS A. Plans accompanying the application will form a part of the permit and must be carefully prepared in the form prescribed. B. Samples of drawing to accompany applications will be furnished by the Marine Department. C. ;lumber of plans submitted shall be determined by the Marine Depart- ment. D. Plans shall include the following: 1. Date of drawing and origin. 2. Location and dimension of proposed structure and location of existing structures on adjacent properties. 3. Location of bulkhead, pierhead, and project lines. 4. Location of U.S. Bulkhead stations. 5. Location of property lines. • 6. Location of channel markers. 7. Lot sizes and lot numbers. Amended - October 26, 1976 HARBOR PERMIT POLICIES - Page 5 H -1 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. 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 completion of all work authorized by a permit shall be 2 years from date of approval. B. All permits shall expire unless the work contemplated shall have been completed within the time limit specified. C. If the work contemplated has been started and diligently prosecuted but not completed in the time limit specified, a time extension may be granted by the City Council upon receipt of a written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is such that if left incomplete 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 within 6 months from date of transfer. HARBOR PERMIT POLICIES - Page 6 1-1 II. DREDGING • 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 WorksDepartment. C. Major dredging outside the established harbor lines will require prior approval by the City Council and the U.S. Corps of Engineers. D. 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 propertylinesandtheU.S. Project Line. 12. FEES A. INITIAL PERMIT FEES 1. New Permits Administrative Action 240.00 Council Action 330.00 Plus: 25. for each additional slip and $2.50 for each lineal foot of bulkhead, except in the Grand Canal where new permits shall be $60. 2. Revisions Administrative Action 125.00 Council Action 190.00 Plus: 25. for each additional slip and $2.50 for each lineal foot of bulkhead. 3. Transfers 200.00 4. Dredging 140.00 5. For work started but not finished within the time limit specified, a 60.00 fee will be charged for any Council request for a time extension. 6. For all transfers not applied for within 30 days from the date the abutting upland property changed ownership, an additional fee of $60.00 will be charged. • 7. 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. 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 operation. E. Drawing size shall be 8 -1/2" x 11 ", 11" x 22.11, 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 completion of all work authorized by a permit shall be 2 years from date of apprAval. B. All permits shall expire unless the work contemplated shall have been completed within the time limit specified. C. If the work contemplated has been started and diligently prosecuted but not completed in the time limit specified, a time extension may be granted by the City Council upon receipt of a written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is such that if left incomplete 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. v 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. HARBOR PERMIT POLICIES - Page 6 lily 12 H -1 6/22/1981 DREDGING • 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. D. 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. FEES A. INITIAL PERMIT FEES 1. New Permits Administrative Action $220.00 Council Action $300.00 • Plus: 25. for each addition- al slip and $2.50 for each lineal foot of bulkhead, except in the Grand Canal where new permits shall be $60. 2. Revisions Administrative Action $115.00 Council Action $170.00 Plus: 25. for each addition- al slip and $2.50 for each lineal foot of bulkhead. 3. Transfers $185.00' 4. Dredging $ 90.00 5. For work started but not finished within the time limit specified, a $60.00 fee will be charged for any Council request for a time extension. 6. For all transfers not applied for within 30 days from the date the abutting upland property changed ownership, an additional fee of $60.00 will be charged. 7. 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 Amended June 9, 1980 Amended June 22 , 1981 9 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 said piles with respect to M.L.L.W. f 10. Area and profile of any proposed dredFIng with elevations showing depths with respect of M.L.L.W. / r 11. Any existing conditions affecting,;i:he construction or docking operation. X11 E. Drawing size shall be 8 -1/2" x 11 "1 11" x 2211, or 21" x 31 ". F. Scale shall be adequate to clearty show the above information. G. Existing structures shall be s own in light dashes. New work shall be shown in heavy solid lines, 8. EXPIRATION OF PERMIT A. The time limit for the shall be 2 years from B. All permits shall ex completed within the C. If the work contempl, but not completed i be granted by the C the Permittee. 9. BOND REQUIREMENTS letion of all work authorized by a permit of approval. unless the work contemplated shall have been limit specified. fed has been started and diligently prosecuted the time limit specified; a time extension may y Council upon receipt of a written request from If the nature of the/proposed work is such that if left incomplete it will create a hazard to uman life or endanger adjoining property, a cash bond or surety bond sat sfactory to the City Attorney in the sum of 100 percent of the estimated at of the work will be required to guarantee the faithful performance of th proposed work. 10. TRANSFER OF A. Permits fo harbor structures are issued subject to the condition that any provements constructed shall not be sold in whole or part, leased, o transferred, without the written consent of the City. B. ) ThMarine a permittee sells the abutting upland property, a request made to the City to transfer the permit. Forms for this may be obtained from the Marine Department. Failure to apply ansfer within 30 days from the date that the abutting upland changed ownership will result in an additional fee by the City. C. Department is authorized to approve transfers to the new r 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 within 6 months from date of transfer. HARBOR PERMIT POLICIES - Page 6 H -1 6/23/80 II. DREDGING • A. A permit for dredging will not be required when: 1. Dredging has been approv* in connection with a permit for any B. All other dredg ng will req e a permit from the Marine Department and may be subj t to engine ing approval by the Public Works Department. C. Major dredging o \ ba the a tablished harbor lines will require prior approval by the ouncil and the U.S. Corps of Engineers. D. Maintenance dredayward of residential and commercial property shall be the resility f the Harbor Permittee for the zone delineated by thand pr longations of upland side property lines and the U. oject ine. 12. FEES A. INITIAL PERMIT FEES 1. New Permits Administrative Action $210.00 * Council Action $290.00 * Pl\ bUlkhead. s: for each addition- • p and $2.50 for ineal foot of ead, except in the Canal where new s shall be $60. 2. Revisions strative Action $105.00 * it Action $160.00 * r each addition- i and $2.50 for li_ 1 foot of ead. 3. Transfers $175.00 * 4. Dredging $ 80.00 * 5. Fo r work started but no finished within the time limit specified, a $60.00 fee will be c ged for any Council request for a time extension. 6. For all transfers not applied for within 30 d ys from the date the abutting upland property changed ownership an additional fee of $60.00 will be charged. \ 7. If the value of work proposed under a revision is over 50% of . the replacement value of the existing structure, anew permit will be required. Amended June 9, 1980 Amended June 23, 1980 0 HARBOR PERMIT POLICIES - Page 5 8. Existing ground profile beneath proposed structure. H-1 10/26/76 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. C. 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. 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 within 6 months from date of transfer. 14ARBOR PERMIT POLICIES - Page 6 11. DREDGING A. A permit for dredging will not be required when: H7 96/25/79 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 Administrative Action $200.00 Council Action $280.00 Plus' 25 for each additional slip and $2.50 for each lineal foot of bulkhead, except in the Grand Canal where new permits shall be 60.00. 2. Revisions Administrative Action $95.00 Council Action $150.00 Plus: 25.00 for each addi- tional slip and $2.50 for each lineal foot of bulkhead. 3. Transfers $165.00 4. Dredging $75.00 5. For work started but not finished within the time limit specified, a $60.00 fee will be charged for any Council request for a time extension. 6. For all transfers not applied for within 30 days from the date the abutting upland property changed ownership, an additional fee of $60.00 will be charged. 7. 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. Amended - June 25, 1979 C H -1 HARBOR PF.RMf1' POLICIES - Page 5 10/26/76 R. 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 completion of all work authorized by a permit shall be 2 years from date of approval. B. All permits shall expire unless the words contemplated shall have been completed within the time limit specified. C. If the work contemplated has been started and diligently prosecuted but not completed in the time limit /specified, a time extension may be granted by the City Council upon receipt of a written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work;'is such that if left Incomplete it will create a hazard to human life or endanger adjoining property, a cash bond or surety bond satisfactory to t1e 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 words. 10. TRANSFER OF PERMITS i A. Permits for harbor structures are issued subject to the condition that any improvements constrpcted shall not be sold in whole or part, leased, or transferred, withouC the written consent of the City. B. Whenever a permittee Sells the abutting upland property, a request shall be made to the City t7o 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 within 6 months from date of transfer. 4'Armondcd - October 26, 1976 HARBOR PEiL^1IT POLICIES - Page 6 H -1 3/12/79 270.00 11. DREDGING Plu for each additional A. A permit for dredging will not be required when: ineal foot of bulkhead, 1. Dredging has been approved in connection with a permit for any where new permits shall shore - connected structure. 60.00. B. All other dredging will require a permit from th Marine Department Council Action 140.00 and may be subject to engineering approval by e Public Works Department. C. Major dredging outside the established harbo lines will require prior tional slip and $2.50 approval by the City Council and the U.S. rps of Engineers. 12. FEES A. INITIAL PERMIT FEES 1. New Permits Admin' trative Action 190.00 Coun it Action 270.00 Plu for each additional ip and $2.50 for each ineal foot of bulkhead, except in the Grand Canal where new permits shall be 60.00. 2. Revisions Administrative Action 85.00 Council Action 140.00 Plus: 25.00 for each addi- tional slip and $2.50 for each lineal foot of bulkhead. 3. Transfers $155.00 4. Dredgin $ 70.00 5. For w rk started but not finished within the time limit spec'fied, a $60.00 fee will be charged for any Council req est for a time extension. 6. F r all transfers not applied for within 30 days from the date e abutting upland property changed ownership, an additional fee of $60.00 will be charged. 7l 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. HARBOR PERMIT POLICIES - Page 6 II. DREDGING A. A permit for dredging will not be 1. Dredging has been approved in shore - connected structure. B. All other dredging will require a and may be subject to engineering C. Major dredging outside the est approval by the City Council a 12. FEES A. INITIAL PERMIT FEES H -1 G with a permit for any t from the Marine Department val by the Public Works Department. ished harbor lines will require prior the U.S. Corps of Engineers. 1. New Permits Administrative Action $210.00 Council Action $290.00 Plus: 25 for each addition- al slip and $2.50 for each lineal foot of bulkhead, except in the Grand Canal where new permits shall be $60. 2. Re/ ing Administrative Action $105.00 Council Action $160.00 Plus: 25 for each addition- al slip and $2.50 for cach lineal foot of bulkhead. 3. Tr $175.00 4. Dr $80.00 5. Forted but not finished within the time limit specified, a will be charged for any Council request for a time ex 6. F r all transfers not applied for within 30 days from the date e abutting upland property changed ownership, an additional fee f $60.00 will be charged. 7. 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. H -1 HARBOR PERMIT POLICIES - Page 7 B. PIER FEES. Annual pier fees are due and payable on 1 March in accordance with the following schedule: 1. Non - commercial piers - -- $30.00 2. Commercial piers not over City Tide and Submerged Lands - -- $20.00 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 cents for each slip or float in excess of 20. 3. Commercial piers over City Tide and Submerged Lands not under City lease - -- 8.5 cents square foot /permit area. a) Fees imposed pursuant to this policy shall be adjusted by appraisal every five (5) years. The adjustment in the commercial pier permit fee shall be based upon an appraise - ment of fair rental value of said tidelands prepared by a qualified, independent M.A.I. appraiser (member of the American Institute of Real Estate Appraisers). The valuation shall include consideration of the unique characteristics of Newport Harbor, wherein the publicly owned tideland area subject to this fee must be joined with privately owned uplands to form an economically feasible commercial usage. b) This fee shall be due and payable on July 1, 1979 and shall be prorated at two - thirds (2/3) the annual rate with the prorated amount to terminate on February 28, 1980. The fee will then become due and payable March 1 every year there- after. The "Commercial Pier Registration Fee" for 1979 will be credited against the new fee. 13. STANDARD DRAWINGS A. Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings. B. The app 1. 2. 3. 4. 5. 6. 7. 8. following standard drawings, dated June 1, roved and are on file in the Public Works D Grand Canal - Platform and Steps Type I Grand Canal - Platform and Steps Type II Standard Bulkhead Allowable Encroachments Standard Residential Float West Newport Channels Standard Residential Float without Pier Standard Residential Float with Pier Standard Commercial Pier and Float Instal. Standard Pier Sections and Pier Details 1964, have been apartment: Dwg. No. STD -601 -L Dwg. No. STD -602 -1 Dwg. No. STD -603 -L Dwg. No. STD -604 -L Dwg. No. STD -605 -L Dwg. No. STD -606 -M Dwg. No. STD -607 -M Dwg. No. STD -608 -M HARBOR PERMIT POLICIES - Page 8 14. DESIGN OF STRUCTURES H -1 • A. All structures shall be sufficient strength to support the estimated or actual imposed dead and live loads without exceeding the stresses allowed in accepted engineering design for the material used, provided that no structure or part thereof shall be designed for live loads less than those specified hereinafter. B. Platforms, piers, and brow structures shall be designed to support a minimum live load of 40 P.S.F. of horizontal projection. Float structures shall be designed to sustain a minimum load of 20 P.S.F. of horizontal projection for buoyancy calculations and a minimum load of 30 P.S.F. of horizontal projection for stress calculations. C. All railings and railposts shall be designed to withstand a minimum horizontal force of 20 P.L.F. applied at the top of the railing. D. No reduction of the assumed live load shall be allowed in any part of the design except that in the case of timber structures the working stress may be increased by 100% for impact only. 15. JOINT OWNERSHIP PIERS 16 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 thefacility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compli- ance with all rules, regulations, and conditions set forth in thepermit. 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. 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. I 4& HARBOR PERMIT POLICIES - Page 7 H -1 6/22/81 B. PIER FEES. Annual pier fees are due and payable on 1 March in accordance with the following schedule: 1. Non - commercial piers - -- $20.00 2. Commercial piers not over City Tide and Submerged Lands - -- $20.00. 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. 3. Commercial piers over City Tide and Submerged Lands not under City lease - -- 8.5C square foot /permit area. a) Fees imposed pursuant to this policy shall be adjusted by appraisal every five (5) years. The adjustment in the commer- cial pier permit fee shall be based upon an appraisement of fair rental value of said tidelands prepared by a qualified, independent M.A.I. appraiser (member of the American Institute of Real Estate Appraisers). The valuation shall include con- sideration of the unique characteristics of Newport Harbor, wherein the publicly owned tideland area subject to this fee must be joined with privately owned uplands to form an economi- cally feasible commercial usage. b) This fee shall be due and payable on July 1, 1979 and shall be prorated at two - thirds (2/3) the annual rate with the prorated amount to terminate on February 28, 1980. The fee will then become due and payable March 1 every year thereafter. The Commercial Pier Registration Fee" for 1979 will be credited against the new fee. 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 Channels Dwg. No. STD -604 -L 5. Standard Residential Float without Pier Dwg. No. STD -605 -L 6. Standard Residential Float with Pier Dwg. No. STD -606 -M 7. Standard Commercial Pier and Float Instal. Dwg. No. STD -607 -M 8. Standard Pier Sections and Pier Details Dwg. No. STD -608 -M Amended June 9, 1980 Amended June 22, 1981 HARBOR PERMIT POLICIES - Page 8 14. DESIGN OF STRUCTURES H -1 3/12/79 A. All structures shall be sufficient strength to support the estimated or actual imposed dead and live loads without exceeding the stresses allowed in accepted engineering design for the material used, provided that no structure or part thereof shall be designed for live loads less than those specified hereinafter. B. Platforms, piers, and brow structures shall be designed to support a minimum live load of 40 P.S.F. of horizontal projection. Float structures shall be designed to sustain a minimum load of 20 P.S.F. of horizontal projection for buoyancy calculations and a minimum load of 30 P.S.F. of horizontal projection for stress calculations. C. All railings and railposts shall be designed to withstand a minimum horizontal force of 20 P.L.F. applied at the top of the railing. D. No reduction of the assumed live load shall be allowed in any part of the design except that in the case of timber structures the working stress may be increased by 100% for impact only. 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 appligation must be signed by the fee owners or long- term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compli- ance 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. as 0 HARBOR PERMIT POLICIES - Page 7 B. PIER FEES. Annual pier fees are accordance with the following sch 1. Non - commercial piers - -- $15. 2. Commercial piers not over Cit a) Not more than 10 slips b) Not more than 20 slips each slip or float in c) More than 20 slips or f slip or float in excess 3. Commercial piers over City lease - -- 8.5C square foot/ a) Fees imposed pursuant appraisal every five cial pier permit fee fair rental value of independent M.A.I. of Real Estate Appr i sideration of the i and H -1 6/9/80 1 March in Tid/and ubmerged Lands - -- $20.00. flo $2.00 each. flo $20.00 plus $1.00 for ss 30.00 plus 50C for each and Submerged Lands not under City t area. its policy shall be adjusted by ars. The adjustment in the commer- be based upon an appraisement of idelands prepared by a qualified, member of the American Institute The valuation shall include con - h racteristics of Newport Harbor, wherein the publi y owned deland area subject to this fee must be joined wi h privatel owned uplands to form an economi- cally feasible c ercial us e. b) This fee shall prorated at tw amount to term become due an Commercial P against the 4e 13. STANDARD DRAWINGS A. Unless otherwise to the approved e due and pay thirds (2/3) It nate on Februar payable March 1 r Registration fee. by Council, all Drawings. e on July 1, 1979 and shall be annual rate with the prorated 28, 1980. The fee will then very year thereafter. The e" for 1979 will be credited and floats shall conform B. The following stannAard drawings, dated June 1) 1964, have been approved and are on file i the Public Works DepartmentX 1. Grand Canal Platform and Steps Type I 2. Grand Canal Platform and Steps Type II 3. Standard Bul ead Allowable Encroachments 4. Standard Res dential Float West Newport Channels 5. Standard Res dential Float without Pier 6. Standard Residential Float with Pier 7. Standard Commercial Pier and Float Instal. 8. Standard Pier Sections and Pier Details Amended June 9, 1980 Dwg. No. STD -601 -L Dwg. No. STD -602 -L Dwg. No. STD -603 -L Dwg. No. STD -604 -L Dwg. No. STD -605 -L Dwg. No. STD -606 -M Dwg. No. STD -607 -M Dwg. No. STD -608 -M HARBOR PERMIT POLICIES - Page 8 14. DESIGN OF STRUCTURES H -1 • 3/12/79 A. All structures shall be sufficient strength to support the estimated or actual imposed dead and live loads without exceeding the stresses allowed in accepted engineering design for the material used, provided that no structure or part thereof shall be designed for live loads less than those specified hereinafter. B. Platforms, piers, and brow structures shall be designed to support a minimum live load of 40 P.S.F. of horizontal projection. Float structures shall be designed to sustain a minimum load of 20 P.S.F. of horizontal projection for buoyancy calculations and a minimum load of 30 P.S.F. of horizontal projection for stress calculations. C. All railings and railposts shall be designed to withstand a minimum horizontal force of 20 P.L.F. applied at the top of the railing. D. No reduction of the assumed live load shall be allowed in any part of the design except that in the case of timber structures the working stress may be increased by 100% for impact only. 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: • I. No permits will be granted to persons other than the owners or long -term lessee of the abutting upland properties. 2. The permit application must be signed by the fee owners or long- term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compli- ance 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. HARBOR PERMIT POLICIES - Page 7 H -1 3/12/79 B. PIER FEES Annual pier fees are due and payable on 1 March in accordance with the following schedule: 1. Non - commercial piers - -- $10.00. 2. Commercial piers not over City Tide d Submerged Lands - -- $20.00. a) Not more than 10 slips or floa s - -- $2.00 each. b) Not more than 20 slips or fl ats -- $20.00 plus $1.00 for each slip or float in excess of c) More than 20 slips or flo is - -- $30.00 plus 500 for each slip or float in excess f 20. 3. Commercial piers over City ide and Submerged Lands not under City lease - -- 8.50 square foo /permit area. a) Fees imposed pursua to this policy shall be adjusted by appraisal every fiv (5) years. The adjustment in the commer- cial pier permit f e shall be based upon an appraisement of fair rental value of said tidelands prepared by a qualified, independent M.A. , appraiser (member of the American Institute of Real Estate 'praisers). The valuation shall include con - sideration of a unique characteristics of Newport Harbor, wherein the p ,licly owned tideland area subject to this fee must be joine 'with privately owned uplands to form an economi- cally feasib commercial usage. b) This fee shall be due and payable on July 1, 1979 and shall be prorated at two- thirds (2/3) the annual rate with the prorated amount tq" terminate on February 28, 1980. The fee will then become d'ue and payable March 1 every year thereafter. The Commell.ial. Pier Registration Fee" for 1979 will be credited against the new fee. 13. STANDARD DRAWINGS A. Unless othe ise excepted by Council, all piers and floats shall conform to the appr ved Standard Drawings. B. The follo ng standard drawings, dated June 1, 1964, have been approved and are file in the Public Works Department: 1. Ora d Canal - Platform and Steps Type I Dwg. No. STD -601 -L 2. Or d Canal - Platform and Steps Type II Dwg. No. STD -602 -L 3. St ndard Bulkhead Allowable Encroachments Dwg. No. STD -603 -L 4. S andard Residential Float West Newport Dwg. No. STD -604 -L Channels 5. Standard Residential Float without Pier Dwg. No. STD -605 -L 6. Standard Residential Float with Pier Dwg. No. STD -606 -M 7. Standard Commercial Pier and Float Install. Dwg. No. STD -607 -M 8. Standard Pier Sections and Pier Details Dwg. No. STD -608 -M Amended - 3/12/79 HARBOR PERMIT POLICIES - Page 8 H -1 • 3/12/79 14. DESIGN OF STRUCTURES A. All structures shall be sufficient strength to support the estimated or actual imposed dead and live loads without exceeding the stresses allowed in accepted engineering design for the material used, provided that no structure or part thereof shall be designed for live loads less than those specified hereinafter. B. Platforms, piers, and brow structures shall be designed to support a minimum live load of 40 P.S.F. of horizontal projection. Float structures shall be designed to sustain a minimum load of 20 P.S.F. of horizontal projection for buoyancy calculations and a minimum load of 30 P.S.F. of horizontal projection for stress calculations. C. All railings and railposts shall be designed to withstand a minimum horizontal force of 20 P.L.F. applied at the top of the railing. D. No reduction of the assumed live load shall be allowed in any part of the design except that in the case of timber structures the working stress may be increased by 100% for impact only. 15. JOINT OWNERSHIP PIERS A. Permits may be granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: 1. No permits will be granted to persons other than the owners or long -term lessee of the abutting upland properties. 2. The permit application must be signed by the fee owners or long- term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compli- ance 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. 0 HARBOR PERMIT POLICIES - Page 9 H -1 3/12/79 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. 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 Public Works Department. D. All bulkhead permits may be subject to a detailed construction drawing being approved by the Public Works Department. Drawings signed by a Civil or Structural Engineer may be required and shall clearly show the following: 1) is 2) 3) 4) 5) 6) Exact location of bulkhead and anchor blocks. Top and bottom elevations. Design loads and any surcharge loading. Depth of dredging and any sounding data. Details of returns or connection to existing walls. Any special conditions affecting bulkhead construction or design. E. Reference may be made to City Standard Drawings for typical slab and coping details. F. 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. G. 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. H. All private bulkheads constructed along street right of way lines shall conform to the City Standard Drawings for a concrete bulkhead. 17. PARKING REQUIREMENTS A. All commercially operated boat docking facilities shall provide 0.75 parking stalls for each single boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified as a slip. B. For dry boat storage areas, 0.33 parking stalls shall be provided for each storage space available. HARBOR PERMIT POLICIES - Page 10 H -1 • 3/12/79 C. For floating dry docks, at least 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. 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 Community Develop- ment 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 Community Development 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 facilitie= are completed and in operatinn. B. All public or private commercially operated shore - connected boat anchor- ages shall have a minimum of 2 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 furthest 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; HARBOR PI'.KMIT POLLCIES - Page 11 H -1 3/12/79 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 floats for residential properties shall be set back a minimum of 5 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 adjoin- ing 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 bulk- head line. 2. Where curves or angles exist in the bulkhead line. 3. Where bridges, topography, street ends or publicly -owned facilities adjoin the property. 21. MOORINGS A. Boats moored at private or public docks shall not extend beyond the pro- jection 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 dis- tance of more than the width of its beam beyond the pier, dock or float. 22. BALBOA ISLAND No new, non - commercial piers on Balboa Island shall be recommended unless it is in the public interest or unless it is at such a location that it is not usable for swimming or bathing. Piers presently in use may be repaired but recommendations for any additions or remodeling shall be restricted to such changes that do not lessen the use of either the immediate water or land areas. IIARBOR PERMIT POLICIES - Page 12 H -1 3/12/79 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 to No. 112 Piers will be permitted to extend out to the U. S. Pierhead Line. D. U. S. Bulkhead Sta. No. 112 to No. 113 Piers will be permitted to extend out to the U. S. Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special permits approved by City Council. E. U. S. Bulkhead Sta. No. 113 to No. 114 Piers shall be subject to a special permit approved by City Council. F. U. S. Bulkhead Sta. No. 114 to No. 119 Piers will be permitted to extend to the U. S. Pierhead Line. G. U. S. Bulkhead Sta. No. 119 to No. 120 Piers may be permitted to extend 20 feet beyond the U. S. Pierhead Line. H. U. S. Bulkhead Sta. No. 120 to No. 221 Piers may be permitted to extend 20 feet beyond the U. S. Pierhead Line. I. The Rhine. Special permits approved by City Council shall be required for construction of piers in the Rhine, extending northerly from U. S. Bulkhead Sta. No. 120. J. U. S. Bulkhead Sta. No. 12L2. 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. Property extending to the ordinary high tide line, with a frontage exceeding thirty (30) feet will be allowed 1 foot increase in float width parallel to the Pierhead Line, for each additional 2 -1/2 feet of frontage. Based on Harbor Regulations adopted by City Council on December 15, 1941. 0 IIARROR PERMIT POLICIES - Page 13 H -1 3/12/79 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 I 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 to No. 128. Piers or boat slips will be permitted to extend to the bulkhead line. N. U. S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to extend to the U. S. Pierhead Line. 0. U. S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line. P. Upper Bay. Piers or boat slips may be permitted to extend to the pier - head 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 per- mitted to extend to the U. S. Pierhead Line. R. U. S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Sub- division. Piers shall be granted under special permits approved by City Council to extend 16 feet beyond the U. S. Pierhead Line. S. East Property Line of Beacon Bay Subdivision to U. S. Bulkhead Sta. No. 104. Piers may be permitted to extend 20 feet channelward of the U. S. Pierhead Line. T. U. S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special permits approved by City Council. U. Bay Island. Piers will be permitted to extend to the U. S. Pierhead Line on the west, northerly and easterly sides of the Island. Piers will not be permitted on the north side of the channel south of Bay Island. V. Balboa Island. All new piers shall be subject to special permits approved by the City Council. Revisions to existing piers will be permitted providing they do not lessen the use of either the immediate water or land areas. 1. South Bay Front East of U. S. Bulkhead Sta. No. 256. Piers may be 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. IARBOR PERMIT POL7CIES - Page 14 24 H -1 3/12/79 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 Bay Front from Emerald Avenue Northwesterly to 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. 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 No. 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 westernly 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 pier - head lines as shown on Harbor Lines Map approved by City Council and on file in the Public Works Department. EXCEPTIONS • The City Council may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions HARBOR PERMIT' POLIO ES - Page 15 H -1 3/12/79 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 vend- ing machine installation. B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area. 26. STORAGE LOCKERS Storage lockers and boat boxes may be installed on shore - connected piers and floats subject to the following limitations: A. The over -all height shall not exceed 30 inches when located bayward of residential property zones; B. The over -all 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 over -all 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 over -all height shall be measured from the deck of the pier or float to the top of the storage locker. Sec. 27 adopted as Sec. 2 of Addendum No. 1 by Resolution 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 over -all 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. 11ARBOR PERMIT POLICIES - Page 16 29 30 N -1 3/12/79 2. Any change in type of existing use of the abutting upland property owned . by the permittee. 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. 4. Any destruction of the pier and float in which over 60% of the replacement value of the pier and float has been destroyed. Before the City Council acts on the new permit, the owner of the abutting upland property, in front of which the harbor facility encroaches, shall be notified in writing of the meeting in which the new permit will be considered. DAMTn nvrvc In areas where the waterways are privately owned, and within Promontory Bay, patic type decks may be cantilevered beyond the established bulkhead lines subject to the following condition: A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet. C. No float shall be permitted within 2 feet of the decks. D. No permanent structure shall be permitted on the projecting portion of the patios except: 1. Planters and benches not over 16 inches in height. 2. Railings not over 42 inches in height with approximately 95% open area. FLOATING DRY DOCKS A. Permits for floating dry docks may be considered for approval by the City Council, subject to the following conditions: 1. The location is in waters bayward of commercial, manufacturing or unclassified zones. 2. The prior approval of a Use Permit by the Planning Commission. B. Permits for floating dry docks are issued for one location only. A new permit must be obtained to move a floating dry dock from one location to another location within the harbor. HARBOR PERMIT POLICIES - Page 17 0 31 PROMONTORY BAY H -1 3/12/79 The following conditions are to be placed on each harbor permit when approved: A. That the permittee shall be responsible and maintain the area delineated on the harbor permit free and clear from floating rubbish,debris or litter at all times. B. That the permittee shall be responsible for all maintenance dredging, in accordance with the design profile for Promontory Bay, for the area between the bulkhead line and pierhead line as delineated by the harbor permit. 32. GRAND CANAL C. There shall be no new permits issued for shore moorings or pier plat- forms bayward of those lots at the extreme south end and north end of Grand Canal, unless approved by Council. 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') 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 prolonga- tions 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 plat- forms bayward of those lots at the extreme south end and north end of Grand Canal, unless approved by Council.