HomeMy WebLinkAbout(1991, 10/28) - H-1 - Amendedr
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HARBOR PERMIT POLICIES
Adopted - June 1, 1964 (Res. 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, 1966 Amended June 28, 1982
Amended - January 9, 1967 Amended October 12, 1982
Amended - July 24, 1967 Amended June 27, 1983
Amended - June 24, 1968 Amended January 14, 1985
Amended - August 19, 1968 Amended March 25, 1985
Amended - December 23, 1968 Amended June 24, 1985
Amended - January 26, 1970 Amended June 22, 1987
Amended - August 14, 1972 Amended June 13, 1988
Amended - June 25, 1973 Amended November 28, 1988
Reaffirmed - December 10, 1973 Amended June 26, 1989
Amended - December 17, 1973
Amended September 25, 1989
Amended - June 10, 1974 Amended November 27, 1989
Reaffirmed - November 11, 1974 Amended May 14, 1990
Amended - March 10, 1975 Amended June 25, 1990
Amended - April 28, 1975 Amended April 8, 1991
Amended - May 27, 1975 Amended June 24, 1991
Amended - October 28, 1975 Amended October 28, 1991
Amended - A December 8, 1975
Amended - May 10, 1976
Amended - October 26, 1976
Amended - November 22, 1976
Amended - May 23, 1977
Amended - May 22, 1978
Amended - December 11, 1978
Amended - March 12, 1979
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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
8. Expiration of Permit
9. Bond Requirement
10. Transfer of Permits
11. Dredging
12. Pees
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
Cont.)
27. Race Committee Platform
28. Encroaching Piers and Floats
29. Patio Decks
30. Floating Dry Docks
31. Promontory Bay
32. Grand Canal
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HARBOR PERMIT POLICIES
1. HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned
areas shall be reserved for the occupants of the abutting
upland property and controlled by the Harbor Permittee.
Vessels moored at residential piers shall not create a
nuisance with regard to vehicle parking, vessel waste,
liveaboards, or noise disturbances to adjoining residents.
B. Shore connected piers and floats bayward of commercial -zoned
areas may be used by persons other than the occupants of the
abutting upland property.
C. Only piers, floats, certain patio decks and their
appurtenances shall be permitted between the bulkhead and
pierhead lines.
D. No private piers shall be permitted at street ends.
E. In R -1 zones, only a single pier and float or slip shall be
permitted bayward of each parcel or lot.
2. DEFINITIONS
A. The term "Pier" shall mean any fixed or floating structure for
securing vessels, loading or unloading persons or property, or
providing access to the water, and includes wharf, dock,
float, 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.
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.
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PERMITS REOUIRED
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.
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
is issued shall, whenever the same is required by law, permit
secure the written order or consent to any work hereunder from
the U.S. Corps of Engineers, California Coastal Zone
Commission, or any other public body having jurisdiction, and
the permit shall be suspended in operation unless and until
such order or consent is obtained.
C. Transferring Permit: The permit is not transferable without
the written consent of the City of Newport Beach.
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.
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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 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.
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.
HARBOR PERMIT POLICIES - Page 4
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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.
E. Prior approval of Orange County will be required when work
extends over tidelands claimed by the County.
P. 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.
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H. A written permit for maintenance is required from the Marine
Department for any structural or work where the cost for such
work, including labor and materials, would normally exceed
200. Painting, replacement of rub -rails and work considered
cosmetic in nature does not require a permit.
I. Prior to the issuance of a permit, the applicant will show
proof of coverage as required by the Longshoremen's and Harbor
Worker's Compensation Act.
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.
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.
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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.
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: $60
Less than 20% replacement.
4. Transfers - $300
5. Dredging - $200 up to
500 cu.yds.
6. For work started but not finished within the time limit
specified, a $70 fee will be charged for any Council
request for a time extension.
7. For all transfers not applied for within 30 days from
the date the abutting upland property changed ownership,
an additional fee of $70 will be charged.
8. If the value of work proposed under a revision is over
50% of the replacement value of the existing structure,
�' / A new permit will be required.
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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 - $60.
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.50(.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.Tde l
and Submerged Lands shall, for _1991, pay an C /
annual rent of 23 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 determiningthe
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'assess`ing the value of tidelands,
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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 8h" x 1111, 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.
TRANSFER OF PERMITS
A. Permits for harbor structures are issued subject to the
condition that any improvements constructed shal 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.
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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.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
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 -608 -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:
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.
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16. BULKHEADS
A. All bulkheads in residential districts shall be installed on the
established bulkhead line or at a location behind the bulkhead line
that would preserve the design profile of the harbor. Any retaining
or ornamental wall installed landward of the bulkhead line shall be
considered a bulkhead if it also serves to contain the waters of the
harbor and shall be processed in the same manner as if it were on
the bulkhead line.
The Marine Department may issue permits for bulkheads, between U.S.
Bulkhead Station Numbers 112 -109 not to exceed the bayward side of
the "Vacated East Bay Avenue." Concrete bulkheads and wooden
retaining wall structures proposed to be constructed bayward of the
bayward most line of vacated East Bay Avenue shall be subject to
City Council approval.
U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227,
2231 and 2233 Bayside Drive: Recommendations for bulkheads bayward
of the above properties shall require a special permit approved by
the City Council. Staff recommendation for a bulkhead at these
properties shall not exceed a point bayward of the average high tide
line established at a point 40 feet landward of the face of the
bulkhead at the property at 2137 Bayside Drive, and then on a
straight line from that point to the bayward most point of the
bulkhead at the property at 2301 Bayside Drive.
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 clearlyNowthefollowing:
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.
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.
B. Said on -site parking shall be provided on the adjoining
upland property. If adequate parking is not available
on -site, all or a portion of the required parking spaces
may be provided at an off -site location, subject to the
approval of the Marine Director and the Planning
Director. The use of an off -site lot shall not be
approved unless:
1) Such is so located as to be useful in connection
with the use of the vessel.
2) Parking on such lot will not create undue traffic
hazards in the surrounding area.
3) Such lot and the adjoining upland property are in
the same ownership and the owner is entitled to
the immediate possession and use thereof.
Ownership of the off -site lot is defined as
ownership in fee or a leasehold interest of a
duration adequate to serve the proposed
commercial activity.
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F. In areas where there is existing development and it is of direct
benefit to the City to have a bulkhead constructed, the City may
contribute 1/3 of the cost of constructing a bulkhead across street
ends.
17. PARKING 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
1. On -site Parking
A. On -site parking shall be provided as follows:
1) Charter vessels: one parking space for each three
occupants, including crew members;
2) Sport fishing vessels: one parking space for each
two occupants, including crew members.
B. Said on -site parking shall be provided on the adjoining
upland property. If adequate parking is not available
on -site, all or a portion of the required parking spaces
may be provided at an off -site location, subject to the
approval of the Marine Director and the Planning
Director. The use of an off -site lot shall not be
approved unless:
1) Such is so located as to be useful in connection
with the use of the vessel.
2) Parking on such lot will not create undue traffic
hazards in the surrounding area.
3) Such lot and the adjoining upland property are in
the same ownership and the owner is entitled to
the immediate possession and use thereof.
Ownership of the off -site lot is defined as
ownership in fee or a leasehold interest of a
duration adequate to serve the proposed
commercial activity.
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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.
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.
Any domestic water service upon any pier, dock, or float shall be
installed under a permit obtained from the City of Newport Beach
Building Department.
D. All commercial piers. floats or docks used for the loading of
passengers, shall be ligghted 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 plumbin& 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.
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.
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HARBOR PERMIT POLICIES - Page 13
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 811 x 11 ", or larger, sketch clearly showing the location of
the sewage discharge lines, the connection to the sewer
20. SETBACKS
system, and the area to be served.
A. All piers and floats for residential properties shall be set back a
minimum of five feet from the projection of the property line.
B. All piers and floats for commercial properties may extend to the
projection of the property line.
C. The projection of the property line bayward of the same bearing from
the bulkhead shall generally be used in determining the allowable
set -backs for piers and floats. Because there are certain physical
conditions which preclude the strict application of this policy
without prejudice to adjoining properties, Council approval will be
required in areas where precise projections of the property line
have not been determined and the following conditions exist:
1. Where property lines are not approximately perpendicular to
the bulkhead line.
2. Where curves or angles exist in the bulkhead line.
3. Where bridges, topography, street ends or publicly -owned
facilities adjoin the property.
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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PERMIT POLICIES - Page 14HARBOR
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.
C. U.S. Bulkhead Sta. No. 119 to No. 120. Piers may be permitted to
extend 20 feet beyond the U.S. Pierhead Line.
H. U.S. Bulkhead Sta. No. 120 to No. 221. Piers may be permitted to
extend 20 feet beyond the U.S. Pierhead Line.
I. The Rhine. Special permits approved by City Council shall be
required for construction of piers in the Rhine, extending northerly
from U.S. Bulkhead Sta. No. 120.
J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be
permitted to extend 20 feet channelward of the U.S. Pierhead Line.
K. West Newport Channels. Piers may be permitted in the Rivo Alto, the
Rialto, and the channel lying westerly of Newport Boulevard.
Piers, slips, and floats will be permitted to extend channelward a
distance of 30 feet maximum from the channel lines in the Rivo Alto,
the Rialto, and the channel lying westerly of Newport Boulevard.
Property extendin to the ordinary high tide line, with a frontageexceedingthirty50) feet will be allowed 1 -foot increase in float
width parallel to the Pierhead Line, for each additional 24 feet
frontage.
Based on Harbor Regulations adopted by the City Council on December 15, 1941.
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HARBOR PERMIT POLICIES - Page 15
The piers, slips and floats in Balboa Coves shall not extend into
the channel a distance greater than 30 feet from north line of
channel shown on Tract 1011. Floats up to 20 feet in length may
extend into the bay the 30 feet from the said line of waterway;
however, for floats over 20 feet in length, the 30 feet distance
shall be reduced 1 -foot for each 2 feet added to the length of the
float. The maximum permissible length of float shall be 30 feet.
Second paragraph of Sec. 23 (k) added by Resolution No. 6139.
L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be
permitted to extend to the U.S. Pierhead line.
M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be
permitted to extend to the bulkhead line.
N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be
permitted to extend to the U.S. Pierhead line.
0. U.S. Bulkhead Sta. No. 130 to 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
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 Bav
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 permits approved by the City Council.
U. Bav 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 Bav 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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HARBOR PERMIT POLICIES - Page 16
3. South Bay Front from Emerald Avenue Northwesterly to the
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.
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.
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.
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.
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.
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HARBOR PERMIT POLICIES - Page 17
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 piers and
floats are used primarily, for the mooring of pleasure boats.
C. The overall height shal not exceed 60 inches when located on
facilities bayward of commercial and industrial zoned property where
the use is not primarily for the mooring of pleasure boats.
The overall height shall be measured from the deck of the pier or
float to the top of the storage locker.
Sec. 26 adopted as Sec. 2 of Addendum No. 1 by Resolution No.
6041.) ,
27. RACE COMMITTEE PLATFORM
Race committee platforms and instruction platforms may be constructed
bayward of the bulkhead lines at recognized yacht clubs and recognized
sailing schools. All work shall require prior approval of the City
Council and issuance of a Harbor Permit.
28. ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting
upland property owned by others, a new permit, approved by the City
Council, shall be required upon:
1. Any change in type of existing use of the piers and floats.
2. Any change in type of existing use of the abutting upland property
owned by the permittee.
3. Any change of existing ownership of the abutting upland property
owned by the permittee or upon the death of the permittee.
HARBOR PERMIT POLICIES - Page 18
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4. Any destruction of the pier and float in which over 608 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.
29. PATIO DECKS
In areas where the waterways are privately owned, and within
Promontory Bay, patio type decks may be cantilevered beyond the
established bulkhead lines subject to the following conditions:
A. The maximum projection of patio decks encroachments beyond the
bulkhead line shall be limited to 5 feet.
B. The minimum setbacks from the prolongations of the side
property lines shall be 5 feet.
C. No float shall be permitted within 2 feet of the decks.
D. No permanent structure shall be permitted on the projecting
portion of the patios except:
1. Planters and benches not over 16 inches in height.
2. Railings not over 42 inches in height with approximately
958 open area.
30. FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered for approval
by the City Council, subject to the following conditions:
1. The location is in waters bayward of commercial,
manufacturing or unclassified zones.
2. The prior approval of a Use Permit by the Planning
Commission.
B. Permits for floating dry docks are issued for one location
only. A new permit must be obtained to move a floating dry
dock from one location to another location within the harbor.
31. PROMONTORY BAY
The following conditions are to be placed on each harbor permit when
approved:
A. That the permittee shall be responsible and maintain the area
delineated on the harbor permit free and clear from floating
rubbish, debris or litter at all times.
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.
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HARBOR PERMIT POLICIES - Page 19
32. GRAND CANAL
A. The following conditions are to be in effect and placed on each
harbor permit for the Grand Canal:
1. That the permittee shall be allowed either one pier platform,
or in lieu thereof, two shore mooring type appurtenances per
lot. Pier platforms and shore moorings shall be constructed
according to "Design Criteria and Standard Drawings for Harbor
Construction" adopted by the City of Newport Beach.
2. That all vessels (maximum length 18 feet) moored in the Grand
Canal shall be tied off to pier platform structures or shore
moorings. Floating platforms or slips will not be allowed.
Vessels tied to the bulkhead or by alternate methods not
approved by the Marine Department shall be prohibited.
3. That the permittee shall be allowed no more than one vessel
per shore mooring.
4. That any shore mooring approved for the Grand Canal shall
display a permit number issued by the Marine Department.
5. That each vessel tied to any pier platforms in the Grand Canal
be anchored from the stern in such a method as to prevent the
vessel from swinging into adjoining vessels or across bayward
prolongations of private property lines.
B. There shall be no permits issued for shore moorings or pier
platforms fronting on alleys, avenues or other public easements
terminating on the Canal.
C. There shall be no new permits issued for shore moorings or pier
platforms bayward of those lots at the extreme south end and north
end of Grand Canal, unless approved by Council.