HomeMy WebLinkAbout(1985, 06/24) - H-1 - AmendedM
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HARBOR PERMIT POEICIES
Adopted - June 1, 1964 (Rem 6019) Amended - June 25, 1979
Amended - October 19, 1964 Amended - June 9, 1980
Amended - October 26, 1964 \ Amended - June 23, 1980
Amended - April 27, 1965:• Amended - November 23, 1981
Reaffirmed - August 30, 196 Amended - June 28, 1982
Amended - January 9, 1947 \ Amended - October 12, 1982
Amended - July 24, 1967 Amended - June 27, 1983
Amended - June 24, 19 ended - January 14, 1985
Amended - August 19, 968 Amended - March 25, 1985
Amended - December 2 1968 Amended - June 24, 1985
Amended - January 2 1970
Amended - August 14, 1972
Amended - June 25, 1973
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Reaffirmed - December 10, 1973 Y'
Amended - Decembe 17, 1973
Amended - June 1 1974
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Reaffirmed - Nov emb r 11, 1974
Amended - March 10, 1975 `
Amended - April 28, 1975
Amended - May 7, 1975
Amended - Octc er 28, 1975
Amended - Dec mber 8, 1975
Amended - May 10, 1976
Amended - Oc ober 26, 1976
Amended - fember 22, 1976
Amended - 23, 1977
Amended - 22, 1978
Amended - ember 11, 1978
Amended - ch 12, 1979
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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
B. Expiration of Permit
9. Bond Requirement
10. Transfer of Permits
11. Dredging
12. Fees
13. Standard Drawings
14. Design of Structures
15. Joint Ownership Piers
16. Bulkheads
17. Parking Requirements
18. Safety Requirements
19. Sanitary Requirements
20. Setbacks
21. Moorings
22. Balboa Island
23. Bayward Location of Piers and Floats
24. Exceptions
25. Signs
26. Storage Lockers
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.)
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HARBOR PERMIT POLICIES
HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats baftard of residential zoned
areas shall be reserved for the oc upants of the abutting upland
property and controlled by the Ha or Permittee. Vessels moored
at residential piers shall not c ate a nuisance with regard to
vehicle parking, vessel waste, 1 veaboards, or noise disturbances
to adjoining residents. ;
B. Shore connected piers and flo #s bayward of commercial -zoned
areas may be used by persons ther than the occupants of the
abutting upland property.
C. Only piers, floats, certain patio decks and their appurtenances
shall be permitted between he bulkhead and pierhead lines.
D. No private piers shall be ermitted at street ends.
E. In R -1 zones, only a sin a pier and float or slip shall be
permitted bayward of eac parcel or lot.
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A. The term "Pier" shall 4ean any fixed or floating structure for
securing vessels, load ng or unloading persons or property, or
providing access to t e water, and includes wharf, dock, float,
or other landing faci ity, and dry dock.
B. The "Harbor Lines" aVe established Bulkhead, Pierhead, and
Project Lines.
C. The "Bulkhead Lines as established, shall define the limit of
solid filling or so id structures.
D. The " Pierhead Line as established, shall define the limit for
pier and float -ty a structures.
E. The "Project Line ," shall define the channel lines of the
improvements and y the Federal Government in 1935 -36.
F.
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The term "Liveab¢ard" shall mean the use or occupancy of a vessel
for living quarters either permanently or on a temporary basis
for a period excieding 3 days.
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G. The Term "Standard Drawings" refers to Standard Drawings adopted
by the City of Newport Beach as minimum standards of construction
whenever harbor permits are required.
H. The Term "Design Criteria" refers to Design Criteria adopted by
the City of Newport Beach as minimum standards for design
whenever harbor permits are required.
A. o person or agency shall build, maintain, extend or make
s uctural alterations on any building, pier, piling, bulkhead,
sea all, reef, breakwater, or other structure in, upon or over
thew ers of Newport Harbor or the Pacific Ocean or any other
water w re the tide ebbs and flows within the City, or do any
filling, %
an
ating or dredging in said waters or ocean, without
first obtg a written "Harbor Permit" to do so from the
City's MaDepartment.
B. The Orange County, District may do construction work or fill or
dredge within Ne rt 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 -rherefore by the City Council.
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C. A separate permit will be\required by the Building Department for
any bulkheads, cantilevered decks, and plumbing and electrical
work on harbor structures.
4. GENERAL PROVISIONS FOR HARBOR PERMITS,
A. Acceptance of Provisions: It is understood and agreed by the
Permittee that the doing of any work under the permit shall
constitute an acceptance of all the provisions.
B. Permit from Other Agencies: The party or patties to whom the
permit is issued shall, whenever the same is required by law,
secure the written order or consent to any work hereunder from
the U.S. Corps of Engineers, California Coastal Zon Commission,
or any other public body having jurisdiction, and the rmit
shall be suspended in operation unless and until such orde
consent is obtained.
C. Transferring Permit: The permit is not transferable without the
written consent of the City of Newport Beach.
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D. Inspection: Bulkheads, cantilevered decks, plumbing and
electrical work are subject to inspection by the Building
Department for conformity with the Uniform Building Code. Piers,
ramps, floats and pilings are subject to inspection by the Public
Works Department.
E. Protection of Traffic: Adequate provisions shall be made for the
protection of the traveling public. Barricades shall be placed
on streets with lights at night, also flagmen employed, all as
may be required by the particular work in progress.
The Permittee shall not attempt to forbid the full and free use
by the public of all navigable waters at or adjacent to the work
or structure. If the display of lights and signals on any work
hereby authorized is not otherwise provided by law, such as
lights and signals, as may be prescribed by Bureau of Light
Houses, Department of Commerce, shall be installed and maintained
at the expense of the Permittee.
Structures shall be so constructed as not to obstruct, interfere
with or prevent the free use or passage of any sidewalks, street, •
alley, public way or navigable channel.
F. Liability for Damages:, The Permittee is responsible for all
liability for personal injury or property damage which may arise
out of work herein permitted, or which may arise out of the use
or possession of said works, and in the event any claim is made
against the City of Newport Beach or any department, officer, or
employee thereof, though, by reasons of, or in connection with
such work, permittee shall defend, indemnify and hold them and
each of them, harmless from such claim.
G. Revocation of Permit: The rights given under this permit are
permissive only and the City of Newport Beach reserves full
right, power and authority to revoke this permit at any time. In
the event the Permittee fails to remove said works within the
time specified, then the Marine Safety Department shall have the
right to immediately remove same at the cost and expense of the
Permittee.
H. Repairs: The Permittee shall keep the structures in good repair
at all times. Failure to repair, when written notice has been
given by the Marine Department, shall be cause for the revocation
of the permit.
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I. Pollution Control: The Permittee shall maintain the area
delineated on the harbor permit free and clear from beached or
floating rubbish, debris or litter at all times. Adequate
safeguards shall be maintained by the Permittee to avert any
other type of pollution of Newport Harbor from recreational
and /or commercial use of the tidelands. Failure to comply with
the provisions of this section shall be cause, after written
notice has been given to the Permittee by the City, for the
revocation of the permit. When unusual circumstances arise with
respect to the collection of debris or litter, the City Manager
may authorize by the use of City forces or by contract the
removal of said debris.
J. Rights to Impose Rental or Other Charges: The approval of the
foregoing permit by the City of Newport Beach shall not
constitute a waiver of any rights which it may now have or
hereafter have to impose rental or other charges in conjunction
with the maintenance of the proposed facility and user of the
same. The imposing of tidelands rental, or use, fees shall not
be extended to include private residential piers and slips,
constructed and used solely by the abutting uplands owner for •
recreational purposes, unless otherwise directed by State
mandate.
K. In those areas of the harbor where the piers and floats are
bayward of residential zoned areas and are reserved for the
occupants of the abutting upland property, liveaboards shall not
be permitted.
L. Special Events Permits. If a Harbor Permittee proposes a use of
the harbor installation, other than that allowed by the Newport
Beach Municipal Code or the Council Harbor Permit Policies,
he /she must first obtain a "Special Events Permit" as provided by
Section 510 of the Newport Beach Municipal Code. Upon issuance
of the Special Events Permit, the City of Newport Beach may
impose conditions on the permit to assure that the proposed use
does not affect the health, safety or welfare of the residents of
Newport Beach.
5. ISSUING OF PERMITS
A. The Marine Department without City Council approval is authorized
to approve and issue new permits and revisions to existing
permits that conform to the standard harbor drawings and the
adopted Harbor Permit Policies in conjunction with plan reviews
by the Public Works Department and the issuance of a Building •
Department permit when applicable.
B. Prior approval of the City Council will be required before the
Marine Department may issue any permit that does not conform to
standard drawings and the adopted Harbor Permit Policies.
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HARBOR PERMIT POLICIES - Page 5
C. Prior approval of the City Council will also be required before
issuing a permit for shore - connected structures when:
1. The abutting upland property is a dedicated public
right -of -way except along the Grand Canal on Balboa Island.
2. The abutting upland property is owned by the City except
around Lido Isle and Harbor Island.
3. The upland abutting property is zoned commercial.
a) When vessels used for charter or hire are berthed or
proposed to be berthed within 300 feet of a residential
area, all property owners within 300 feet shall be
notified prior to permitting pier and slip
configurations which would accommodate the loading or
unloading of passengers, vessel supplies or catering
activity.
4. Approved Bulkhead Lines, Pierhead Lines, or setback lines do
not exist.
5. The structure would affect a designated swimming area.
6. Commercial signs are to be installed.
7. More than one slip or float is requested bayward of a single
parcel.
D. Prior approval of the U.S. Corps of Engineers will be required
before issuing any permit. Application to the U.S. Corps of
Engineers may be made on forms provided by the U.S. Corps of
Engineers.
E. Prior approval of Orange County will be required when work
extends over tidelands claimed by the County.
F. Prior approval of the Tidelands Affairs Committee will be
required before issuing any permit when:
1. Work extends beyond the U.S. Pierhead Line, except when
permitted by Section 23 of these policies.
2. Harbor lines have not been established by the U.S. Corps of
Engineers, or defined by a harbor lines map approved by the
Tidelands Affairs Committee and the City Council.
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G. Before issuing a Harbor Permit, for any unusual type of harbor
structure, or for a structure on which the applicant proposes a
use that is not in keeping with the surrounding area, all
bayfront property owners or long term lessees within 300' of the
proposed work shall be notified in writing by the Marine
Department.
H. A written permit for maintenance is required from the Marine
Department for any structural or work where the cost for such
work, including labor and materials, would normally exceed $200.
Painting, replacement of rub -rails and work considered cosmetic
in nature does not require a permit.
1. Prior to the issuance of a permit, the applicant will show proof
of coverage as required by the Longshoremen's and Harbor Worker's
Compensation Act.
6. APPLICATION FOR HARBOR PERMITS
A. Applications for authority to erect, revise and do maintenance
work on structures shall be submitted to the Marine Department •
upon forms provided therefor. Plans showing the location, extent
and character of the proposed work and required fees shall
accompany the application.
B. The application must be signed by the fee owners or any long -term
leassee of the abutting upland property. Long -term lessee shall
be defined as a party having a leasehold on the property for a
period greater than 5 years.
C. Applications for joint ownership piers shall be signed by all fee
owners or any long -term lessee of the abutting upland properties.
7. PLANS TO ACCOMPANY PERMIT APPLICATIONS
A. Plans accompanying the application will form a part of the permit
and must be carefully prepared in the form prescribed.
B. Number of plans submitted shall be determined by the Marine
Department, Public Works Department and Building Department,
depending on the nature of the work.
C. Plans shall include the following:
1. Date of drawing and origin..
2. Location and dimension of proposed structure including
piles and location of existing structures on adjacent
properties.
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3. Location of bulkhead, pierhead, and project lines.
4. Location of U.S. Bulkhead stations.
5. Location of property lines.
6. Location of channel markers.
7. Lot sizes and lot numbers.
8. Existing ground profile beneath proposed structure.
9. Elevation of top and bottom of bulkheads and piles with
respect to M.L.L.W.
10. Area and profile of any proposed dredging with elevations
showing depths with respect of M.L.L.W.
11. Any existing conditions affecting the construction or
docking operation.
12. Construction design details, PLANS, SUBSTANTIATING
CALCULATIONS AND SPECIFICATIONS FOR piers, pier platforms,
ramps, floats, pilings, etc., as prescribed by the Public
Works Department.
D. Drawing size shall be 8;j" x 11 ", 11" x 22 ", or 21" x 31 ".
E. Scale shall be adequate to clearly show the above information.
F. Existing structures shall be shown in light dashes. New work
shall be shown in heavy solid lines.
8. EXPIRATION OF PERMIT
A. The time limit for the completion of all work authorized by a
permit shall be 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.
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10. TRANSFER OF PERMITS
A. Permits for harbor structures are issued subject to the condition
that any improvements constructed shall not be sold in whole or
part, leased, or transferred, without the written consent of the
City.
B. Whenever a permittee sells the abutting upland property, a
request shall be made to the City to transfer the permit. Forms
for this purpose may be obtained from the Marine Department.
Failure to apply for a transfer within 30 days from the date that
the abutting upland property changed ownership will result in an
additional fee by the City.
C. The Marine Department is authorized to approve transfers to the
new owners or long -term lessee of the abutting upland property.
D. At the time of transfer, all harbor structures shall be inspected
for compliance with the City's minimum plumbing, electrical and
structural requirements, and the conditions of the existing
permit. All structural deficiencies must be corrected prior to •
transfer of the permit.
11. DREDGING
A. All dredging will require a permit from the Marine Department and
may be subject to engineering approval by the Public Works
Department.
B. Major dredging outside the established harbor lines will require
prior approval by the City Council and the U.S. Corps of
Engineers.
C. Maintenance dredging bayward of residential and commercial
property shall be the responsibility of the Harbor Permittee for
the zone delineated by the bayward prolongations of upland side
property lines and the U.S. Project line.
12. FEES
A. INITIAL PERMIT FEES
1. New Permits - Administrative Action $350
Council Action 450
Plus: $27.50 for each additional slip and $2.75 for
each lineal foot of bulkhead except in the Grand •
Canal where new permits shall be $65.
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2. Revisions - Administrative Action $170
Council Action 280
Plus: $27.50 for each additional slip and $2.75 for
each lineal foot of bulkhead.
3. Maintenance - No configuration change: $ 40
Less than 20% replacement.
4. Transfers - $275
5. Dredging - 190 up to
500 cu. yds.
6. For work started but not finished within the time limit
specified, a $70 fee will be charged for any Council request
for a time extension.
7. For all transfers not applied for within 30 days from the
date the abutting upland property changed ownership, an
additional fee of $70 will be charged.
8. If the value of work proposed under a revision or
maintenance permit is over 50% of the replacement value of
the existing structure, a new permit will be required.
9. Building Department permit fees are not included in the
above.
10. Public Works Department fees are included in the above.
B. PIER FEES. Annual pier fees are due and payable on 1 March in
accordance with the following schedule:
1. Non - commercial piers - $50.
2. Commercial piers not over City Tide and Submerged Lands -
20 base fee plus the following sums for additional slips
and /or floats:
a. Not more than 10 slips or floats - $2 each.
b. Not more than 20 slips or floats - $20 plus
1.00 for each slip or float in excess of 10.
C. More than 20 slips or floats - $30 plus 504, for each
slip or float in excess of 20.
3. Commercial piers over City Tide and Submerged Lands - Fee is
included in rental rate imposed pursuant to Sub - Section C.
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C. ANNUAL RENTAL.
1. Permittees having commercial piers over City Tide and
Submerged Lands shall, for 1990, pay an annual rent of $.22
per square foot of permit area (base rental).
2. Annual rent shall be paid on or before March 1.
3. The Base Rental shall be adjusted annually to reflect the
increase or decrease in Consumer Price Index (CPI) for the
twelve month period commencing December 1, 1989 and ending
November 30, 1990, and each twelve month period thereafter.
The CPI (all urban consumers, all items) for the Los
Angeles -Long Beach - Anaheim, California area as published and
released by the Bureau of Statistics for the U.S. Department
of Labor shall be the index utilized for calculating the
rental adjustment.
4. The base rental shall be recalculated every ten years
pursuant to an appraisal commissioned by the City of Newport
Beach. In determining the value of tide and submerged
lands, the appraiser shall consider the fact that commercial
use of publicly owned tidelands is economically feasible
only in conjunction with privately owned uplands.
5. All appraisals shall be conducted by an MAI appraiser(s)
with membership in the American Institute of Real Estate
Appraisers and experienced in assessing the value of
tidelands.
6. The provision of this Sub - Section shall not apply to
tidelands subject to a written lease requiring the payment
of rent based on gross receipts.
13. STANDARD DRAWINGS
The following Standard Drawings have been approved and are on file in the
Public Works Department:
Precast Reinforced Concrete Groin Panel Dwg. No. STD -600 -L
Detail For Raising Bulkheads Dwg. No. STD -601 -L
Grand Canal - Platform and Steps Type I Dwg. No. STD -602 -L
Grand Canal - Platform and Steps Type II Dwg. No. STD -603 -L
Standard Residential Float West Newport
Channels Dwg. No. STD -606 -L
Gangway From Float To Pier Dwg. No. STD -604 -L
Standard Residential Float Without Pier Dwg. No. STD -605 -L
Standard Residential Float With Pier Dwg. No. STD -608 -L