HomeMy WebLinkAbout(1994, 06/27) - H-1 - AmendedHARBOR PERMIT POLICIES
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1. HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned
areas shall be reserved for the occupants of the abutting upland
property and controlled by the Harbor Permittee. Vessels moored
at residential piers shall not create a nuisance with regard to
vehicle parking, vessel waste, liveaboards, or noise disturbances to
adjoining residents.
B. Shore connected piers and floats bayward of commercial -zoned
areas may be used by persons other than the occupants of the
abutting upland property.
C. Only piers, floats, certain patio decks and their appurtenances shall
be permitted between the bulkhead and pierhead lines.
D. No private piers shall be permitted at street ends.
E. In R -1 zones, only a single pier and float or slip shall be permitted
bayward of each parcel or lot
2.
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.
B. The "Harbor Lines" are established Bulkhead, Pierhead, and Project
Lines.
C. The "Bulkhead Lines," as established, shall define the limit of solid
filling or solid structures.
D. The " Pierhead Lines," as established, shall define the limit for pier
and float-type structures.
E. The "Project Lines," shall define the channel lines of the
improvements and by the Federal Government in 1935 -36.
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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.
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.
PERMITS REQUIRED
A. No person or agency shall build, maintain, extend or make
structural alterations on any building, pier, piling, bulkhead, sea
wall, reef, breakwater, or other structure in, upon or over the
waters of Newport Harbor or the Pacific Ocean or any other water
where the tide ebbs and flows within the City, or do any filling,
excavating or dredging in said waters or ocean, without first •
obtaining a written "Harbor Permit" to do so from the City's
Marine Department
B. The Orange County District may do construction work or fill or
dredge within Newport Harbor, or cause the same to be done,
without such a permit so long as such work is done pursuant to a
harbor development plan on lands not owned by the City or
pursuant to a request therefore by the City Council.
C. A separate permit will be required by the Building Department for
any bulkheads, cantilevered decks, and plumbing and electrical
work on harbor structures.
4. GENERAL PROVISIONS FOR HARBOR PERMITS
A. Acceptance of Provisions: It is understood and agreed by the
Permittee that the doing of any work under the permit shall
constitute an acceptance of all the provisions.
B. Permit from Other Agencies: The party or parties to whom the
permit is issued shall, whenever the same is required by law,
secure the written order or consent to any work hereunder from •
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the U.S. Corps of Engineers, California Coastal Zone Commission,
or any other public body having jurisdiction, and the permit shall
be suspended in operation unless and until such order or consent is
obtained.
C. Transferring Permit The permit is not transferable without the
written consent of the City of Newport Beach.
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 Permitlee 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 Permitlee.
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,
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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 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
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
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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.
C. Prior approval of the City Council will also be required before
issuing a permit for shore-connected structures when:
1. The abutting upland property is a dedicated public
right -of -way except along the Grand Canal on Balboa Island.
2. The abutting upland property is owned by the City except
around Lido Isle and Harbor Island.
3. The upland abutting property is zoned commercial.
4. Approved Bulkhead Lines, Pierhead Lines, or setback lines
do not exist.
5. The structure would affect a designated swimming area.
6. Commercial signs are to be installed.
7. More than one slip or float is requested bayward of a single
parcel.
D. Prior approval of the U.S. Corps of Engineers will be required
before issuing any permit. Application to the U.S. Corps of
Engineers may be made on forms provided by the U.S. Corps of
Engineers.
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E. Prior approval of Orange County will be required when work
extends over tidelands claimed by the County.
F. Prior approval of the Joint Harbor Committee will be required
before issuing any permit when:
1. Work extends beyond the U.S. Pierhead Line, except when
permitted by Section 23 of these policies.
2. Harbor lines have not been established by the U.S. Corps of
Engineers, or defined by a harbor lines map approved by
the Joint Harbor Committee and the City Council.
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
L 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. •
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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.
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
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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'h" 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.
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.
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 •
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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
forcompliance 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
for each additional slip and $2.75 for
each lineal foot of bulkhead except in the
Grand Canal where new permits shall be $65.
2. Revisions - Administrative Action $170
Council Action $280
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3.
Plus: $27.50 for each additional slip and $2.75 for
each lineal foot of bulkhead.
Maintenance - No configuration change: $60
Less than 20% replacement.
4. Transfers -
5. Dredging -
300
200 up to
500 cu.yds.
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6. For work started but not finished within the time limit
specified, a $70 fee will be charged for any Council request
for a time extension.
7. For all transfers not applied for within 30 days from the date
the abutting upland property changed ownership, an
additional fee of $70 will be charged.
8. If the value of work proposed under a revision is over 50%
of the replacement value of the existing structure, a new
permit will be required.
9. Building Department permit fees are not included in the
above.
10. Public Works Department fees are included in the above.
PIER FEES
Annual pier fees are due and payable on 1 March in accordance
with the following schedule:
1. Non - Commercial piers - $70.
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
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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 will
be billed annually as follows:
a. Permittees having commercial piers over City Tide
and Submerged Lands shall, for 1994 -95, pay an
annual rent of 26 cents per square foot of permit area
base rental).
b. Annual rent shall be paid on or before March 1.
C. 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.
d. 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.
e. 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.
f. 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.
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13. STANDARD DRAWINGS
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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
Single or Joint Residential Use Gangway Dwg. No. STD -604 -L
Single Residential Use Float Without Pier Dwg. No. STD -605 -L
Single Residential Use Float West Newport
Channels Dwg. No. STD -606 -L
Commercial Pier and Float Installation Dwg. No. STD -607 -L
Single Residential Use Float With Pier Dwg. No. STD -60 8-L
Single or Joint Residential Use Pier Sections Dwg. No. STD -609 -L
Pile Details Dwg. No. STD -610 -L
Eye Bolt For Boat Anchorage Dwg. No. STD -611 -L
Gangway Hanger Bracket Dwg. No. STD -612 -L
Datum Planes Dwg. No. STD -613 -L
Natural Sand Profiles in Newport Harbor Dwg. No. STD -614 -L •
14. DESIGN OF STRUCTURES
A. Design of harbor structures that do not conform to the Standard
Drawings contained within "Design Criteria and Standard
Drawings for Harbor Construction," needs the approval of the
Public Works Department prior to the issuance of a harbor permit
B. Harbor structures shall be designed in accordance with design
criteria adopted by the City of Newport Beach and contained
within "Design Criteria and Standard Drawings for Harbor
Construction."
C. The decking of all piers and pier platforms shall not exceed an
elevation of 9.0 MLLW nor be less than an elevation of 8.0 MLLW.
15. JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the
prolongation of common lot lines subject to the following
conditions: •
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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 compliance with all rules, regulations, and conditions set
forth in the permit.
B. The policy for set -backs applies to joint ownership piers with the
exception that the slips, floats and piers may extend over the
common property line.
16. BULKHEADS
A. All bulkheads in residential districts shall be installed on the
established bulkhead line or at a location behind the bulkhead line
that would preserve the design profile of the harbor. Any
retaining or ornamental wall installed landward of the bulkhead
line shall be considered a bulkhead if it also serves to contain the
waters of the harbor and shall be processed in the same manner as
if it were on the bulkhead line.
The Marine Department may issue permits for bulkheads, between
U.S. Bulkhead Station Numbers 112 -109 not to exceed the bayward
side of the "Vacated East Bay Avenue." Concrete bulkheads and
wooden retaining wall structures proposed to be constructed
bayward of the bayward most line of vacated East Bay Avenue
shall be subject to City Council approval.
U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227,
2231 and 2233 Bayside Drive: Recommendations for bulkheads
bayward of the above properties shall require a special permit
approved by the City Council. Staff recommendation for a
bulkhead at these properties shall not exceed a point bayward of
the average high tide line established at a point 40 feet landward of
the face of the bulkhead at the property at 2137 Bayside Drive, and
then on a straight line from that point to the bayward most point of
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the bulkhead at the property at 2301 Bayside Drive.
B. Bulkheads shall be at the existing height established for the area
and shall be connected to adjacent bulkheads. In cases where no
adjacent bulkhead or bulkheads exist, a wing wall or wing walls
shall be constructed from the bulkhead landward adequate to
contain the fill behind the bulkhead. No solid or masonry
structure shall be constructed on a bulkhead.
C. The height and design of all bulkheads and wing walls shall be
subject to the design and construction standards of the Building
Department
D. All bulkhead permits may be subject to a detailed construction
drawing being approved by the Building Department Drawings
signed by a Civil or Structural Engineer may be required and shall
clearly show the following:
1) Exact location of bulkhead and anchor blocks.
2) Top and bottom elevations. •
3) Design loads and any surcharge loading.
4) Depth of dredging and any sounding data.
5) Details of returns or connection to existing walls.
6) Any special conditions affecting bulkhead construction or
design
E. The bulkhead shall not be used to support any structure on the
abutting upland property unless the bulkhead has been properly
designed to carry the additional loads.
R 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
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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.
C. For floating dry docks, at least two (2) off -street parking stalls shall
be provided exclusively for each dry dock.
D. All parking shall conform to the City of Newport Beach off - street
parking standards.
E. Commercial Activities Permits
L On -site Parking
a. On -site parking shall be provided as follows:
1) Charter vessels: one parking space for each
three occupants, including crew members;
2) Sport fishing vessels: one parking space for
each two occupants, including crew members.
b. Said on -site parking shall be provided on the
adjoining upland property. If adequate parking is
not available on -site, all or a portion of the required
parking spaces may be provided at an off -site
location, subject to the approval of the Marine
Director and the Planning Director. The use of an
off -site lot shall not be approved unless:
1) Such is so located as to be useful in connection
with the use of the vessel.
2) Parking on such lot will not create undue
traffic hazards in the surrounding area.
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3) Such lot and the adjoining upland property are
in the same ownership and the owner is
entitled to the immediate possession and use
thereof. Ownership of the off -site lot is
defined as ownership in fee or a leasehold
interest of a duration adequate to serve the
proposed commercial activity.
C. When a vessel will not offer services to the general
public, all or a portion of the required parking may
be provided at a remote off -site location, if
transportation is provided from the off -site parking
location to the site where the vessel is moored.
Parking for the shuttle vehicles must be provided
near the site where the vessel is moored unless said
vehicles will be stored at the remote off -site location
at all times when not in use.
d. If the use of the off -site parking location is approved, •
the owner(s) and the City shall execute a written
instrument (the form and content of which is
acceptable to the City Attorney) providing for the
maintenance of the required parking spaces on such
lot for the duration of the commercial activity. Said
instrument shall be recorded in the office of the
County Recorder prior to issuance of a Commercial
Harbor Activities Permit, and copies thereof shall be
filed with the Marine Department
18. SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be
equipped with fire fighting facilities as specified by the Fire Chief
of the City of Newport Beach.
B. Any electrical service upon any pier, dock or float shall be installed
under a permit obtained from the City of Newport Beach Building
Department
C. Any domestic water service upon any pier, dock, or float shall be •
installed under a permit obtained from the City of Newport Beach
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Building Department.
D. All commercial piers. floats or docks used for the loading of
passengers, shall be lighted in such a manner as to provide an
illumination level of 0.5 -foot candles for all areas used for the
loading of such passengers.
19. SANITARY REQUIREMENTS
A. A permit for a pier, dock or float shall not be issued until the rough
plumbing for the dwelling unit or the required_restrooms serving
such pier, dock or float, has been installed and approved by the
City Building Inspector. The use of a pier, dock or float will not be
allowed until restroom facilities are completed and in operation.
B. All public or private commercially operated shore - connected boat
anchorages shall have a minimum of two restroom facilities, one
for women and one for men, for each 20 boat slips or boat berths
available in the anchorage area. The minimum walking distance
from the farthest boat berth to the restroom facility shall not exceed
400 feet.
C. Sewage Pumping Facilities.
Permission may be granted to install and operate sewage pumping
facilities for boats moored to shore - connected structures providing
such installations are first approved by the Marine Department.
In requesting approval, the following information must be
submitted in letter form to the Marine Department:
1. The name and address of the person responsible for the
installation;
2. The name and address of the manufacturer of all pumping
equipment;
3. A complete description of the materials and the pumping
equipment to be used;
4. An 8Y?. x 1111, or larger, sketch clearly showing the location of
the sewage discharge lines, the connection to the sewer
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system, and the area to be served.
20. SETBACKS
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A. All piers and floats for residential properties shall be set back a
minimum of five feet from the projection of the property line.
B. All piers and floats for commercial properties may extend to the
projection of the property line.
C. The projection of the property line bayward of the same bearing
from the bulkhead shall generally be used in determining the
allowable set -backs for piers and floats. Because there are certain
physical conditions which preclude the strict application of this
policy without prejudice to adjoining properties, Council approval
will be required in areas where precise projections of the property
line have not been determined and the following conditions exist:
1. Where property lines are not approximately perpendicular
to the bulkhead line.
2. Where curves or angles exist in the bulkhead line.
3. Where bridges, topography, street ends or publicly -owned
facilities adjoin the property.
21. MOORINGS
A. Boats moored at private or public docks shall not extend beyond
the projection of the property lines of the property to which the
dock facility is connected in accordance with Section 20-C.
B. Any boat moored at a pier, dock, or float shall not extend bayward
a distance of more than the width of its beam beyond the pier, dock
or float.
C. Mooring Fees:
1. Offshore Moorings - $18 per foot per year
2. Onshore Moorings - $ 9 per foot per year
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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.
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 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 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.
Based on Harbor Regulations adopted by the City Council on December 15,
1941.
G. U.S. Bulkhead Sta. No. 119 to No. 120. Piers may permitted to
extend 20 feet beyond the U.S. Pierhead Line.
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H. U.S. Bulkhead Sta. No. 120 to No. 221. Piers may be permitted to
extend 20 feet beyond the U.S. Pierhead Line.
L The Rhine. Special permits approved by City Council shall be
required for construction of piers in the Rhine, extending northerly
from U.S. Bulkhead Sta. No. 120.
J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be
permitted to extend 20 feet channelward of the U.S. Pierhead Line.
K. West Newport Channels. Piers may be permitted in the Rivo Alto,
the Rialto, and the channel lying westerly of Newport
Boulevard.Piers, slips, and floats will be permitted to extend
channelward a distance of 30 feet maximum from the channel lines
in the Rivo Alto, the Rialto, and the channel lying westerly of
Newport Boulevard. 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 2Y2 feet frontage.
The piers, slips and floats in Balboa Coves shall not extend into the •
channel a distance greater than 30 feet from north line of channel
shown on Tract 1011. Floats up to 20 feet in length may extend into
the bay the 30 feet from the said line of waterway; however, for
floats over 20 feet in length, the 30 feet distance shall be reduced
1 -foot for each 2 feet added to the length of the float. The
maximum permissible length of float shall be 30 feet. (Second
paragraph of Sec. 23 (k) added by Resolution No. 6139.
L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be
permitted to extend to the U.S. Pierhead line.
M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be
permitted to extend to the bulkhead line.
N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be
permitted to extend to the U.S. Pierhead line.
O. 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.
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P. Upper Bay. Piers or boat slips may be permitted to extend to the
pierhead lines as shown on Harbor Lines Map approved by City
Council and on file in the Public Works Department
Q. U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be
permitted to extend to the U.S. Pierhead Line.
R. U.S. Bulkhead Sta. No. 137 to east property line of Beacon Bay
Subdivision. Piers shall be granted under special permits
approved by City Council to extend 16 feet beyond the U.S.
Pierhead Line.
S. East Property Line of Beacon 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 ermits approved by the City Council.
U. Bay Island. Piers will be permitted to extend to the U.S. Pierhead
Line on the west, northerly and easterly sides of the Island. Piers
will not be permitted on the north side of the channel south of Bay
Island.
V. Balboa Island. All new piers shall be subject to special permits
approved by the City Council. Revisions to existing piers will be
permitted providing they do not lessen the use of either the
immediate water or land areas.
1. South Bav Front East of U.S. Bulkhead Sta. No. 256. Piers
may be permitted to extend 16 feet channelward of the U.S.
Pierhead Line. Dredging around floats shall not exceed a
depth of 4 feet a mean lower low water along a line 85 feet
channelward of and parallel to the bulkhead line.
2. South Bay Front between U.S. Bulkhead Sta. No. 256 and
No. 259. Piers may be permitted to extend 10 feet
channelward of the U.S. Pierhead Line. Dredging around
floats shall not exceed a depth of 2 feet at mean lower low
water along a line 60 feet channelward of and parallel to the
bulkhead line.
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3. South Bay Front from Emerald Avenue Northwesterly to the
Westerly Prolongation of the Northerly Line of Lot 5, Block
1 Resubdivision of Section 1, Balboa Island. Piers will be
permitted to extend to City pierhead line. Dredging around
floats shall not exceed a depth of 2 feet at mean lower low
water along a line 45 feet channelward of and parallel to the
existing concrete bulkhead.
4. North Bay Fro nt 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 174.
1. Piers and floats will not be permitted in the beach area along
the northerly side of Lido Isle between the easterly line of
Lot 849 and the westerly line of Lot 493.
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2. Piers and floats will not be permitted in the beach area along
the southerly side of Lido Isle between the easterly line of
Lot 919 and the westerly line of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the
pierhead lines as shown on Harbor Lines Map approved by City
Council and on file in the Public Works Department.
24. EXCEPTIONS
The City Council may approve exceptions to any of the requirements and
regulations set forth if there are special circumstances or conditions
affecting the harbor installations that would impose undue hardship on
the applicant or if it would be detrimental to the best interest of the City.
25. SIGNS
A. No signs shall be permitted beyond the bulkhead lines with the
exception of the following:
1. Informational and directional signs of service to the public
such as fuel, gasoline, live bait, ice, beer and similar signs
which in general list services and commodities but do not
advertise a specific brand.
2. Brand name signs which are customarily a part of a fuel
pump or a vending machine installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4 square
feet in total area.
26. STORAGE LOCKERS
Storage lockers and boat boxes may be installed on shore-connected piers
and floats subject to the following limitations:
A. The overall height shall not exceed 30 inches when located
bayward of residential property zones;
B. The overall height shall not exceed 30 inches when located
bayward of commercial and industrial property zones where the
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piers and floats are used primarily for the mooring of pleasure
boats.
C. The overall height shall not exceed 60 inches when located on
facilities bayward of commercial and industrial zoned property
where the use is not primarily for the mooring of pleasure boats.
The overall height shall be measured from the deck of the pier or
float to the top of the storage locker.
Sec. 26 adopted as Sec. 2 of Addendum No.1 by Resolution No. 6041.)
RACE COMM=E 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 issuance of a Harbor Permit
ENCROACHING PIERS AND FLOATS •
In areas where existing piers and floats encroach in front of abutting
upland property owned by others, a new permit, approved by the City
Council, shall be required upon:
1. Any change in type of existing use of the piers and floats.
2. Any change in type of existing use of the abutting upland property
owned by the permittee.
3. Any change of existing ownership of the abutting upland property
owned by the permittee or upon the death of the permittee.
4. Any destruction of the pier and float in which over 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. •
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29. PATIO DECKS
In areas where the waterways are privately owned, and within
Promontory Bay, patio type decks may be cantilevered beyond the
established bulkhead lines subject to the following conditions:
A. The maximum projection of patio decks encroachments beyond the
bulkhead line shall be limited to 5 feet
B. The minimum setbacks from the prolongations of the side property
lines shall be 5 feet
C. No float shall be permitted within 2 feet of the decks.
D. No permanent structure shall be permitted on the projecting
portion of the patios except:
1. Planters and benches not over 16 inches in height
2. Railings not over 42 inches in height with approximately
95% open area.
30. FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered for approval by
the City Council, subject to the following conditions:
1. The location is in waters bayward of commercial,
manufacturing or unclassified zones.
2. The prior approval of a Use Permit by the Planning
Commission.
B. Permits for floating dry docks are issued for one location only. A
new permit must be obtained to move a floating dry dock from one
location to another location within the harbor.
31. PROMONTORY BAY
The following conditions are to be placed on each harbor permit when
approved:
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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.
GRAND CANAL
A. The following conditions are to be in effect and placed on each
harbor permit for the Grand Canal:
1. That the permittee shall be allowed either one pier platform,
or in lieu thereof, two shore mooring type appurtenances
per lot. Pier platforms and shore moorings shall be
constructed according to "Design Criteria and Standard
Drawings for Harbor Construction" adopted by the City of
Newport Beach.
2. That all vessels (ma)imum length 18 feet) moored in the
Grand Canal shall be tied off to pier platform structures or
shore moorings. Floating platforms or slips will not be
allowed. Vessels tied to the bulkhead or by alternate
methods not approved by the Marine Department shall be
prohibited.
3. That the permittee shall be allowed no more than one vessel
per shore mooring.
4. That any shore mooring approved for the Grand Canal shall
display a permit number issued by the Marine Department.
S. That each vessel tied to any pier platforms in the Grand
Canal be anchored from the stern in such a method as to
prevent the vessel from swinging into adjoining vessels or
across bayward prolongations of private property lines.
B. There shall be no permits issued for shore moorings or pier
platforms fronting on alleys, avenues or other public easements
terminating on the Canal.
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C. There shall be no new permits issued for shore moorings or pier
platforms bayward of those lots at the extreme south end and north
end of Grand Canal, unless approved by Council.
Reaffirmed - January 24,1994
Amended ; June 27,1994
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