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HomeMy WebLinkAbout(1978, 12/11) - H-1 - AmendedM5i HARBOR PERMIT POLICIES Adopted - June 1, 1964 (Resolution 6019 Amended - December 11, 1978 Amended - October 19, 1964 (Resoluti 6041) Amended - October 26, 1964 (Resoluti 6047) Amended - April 27, 1965 ( Resolutio 6139) Reaffirmed - August 30, 1966 Amended - January 9, 1967 Amended - July 24, 1967 Amended - June 24, 1968 (Resolu on 6796) Amended - August 19, 1968 (Res ution 6841) Amended - December 23, 1968 Amended - January 26, 1970 Amended - August 14, 1972pAmended - June 25, 1973 I,;i.. ii;:;: — Amended - December 17, 19 Amended - June 10, 1974 Reaffirmed — io3v-m51 r 11, 1 74 Amended March 10, 19 5 Amended April 28, 1 75 Amended May 27, 1 5 Amended - October 1975 December 8, 1975Amended Amended May 10 1976 Amended Octob 26, 1976 Amended - Nove er 22 1976 Amended May 3, 197.7 Amended - May 22, 1978 HARBOR PERMIT POLICIES H -1 fe I N D E X 1. Harbor Installations General 2. Definitions 3. Permits Required 4. General Provision\ Pe 5. Issuing of Permit 6. Application for H7. Plans to Accompan cations S. Expiration of Permit 9. Bond Requirement 10. Transfer of Permits W 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 Requireme s 20. Setbacks 21. Moorings i 22. Balboa Island i 23. Bayward Location of Piers and Floats 24. Exceptions 25. Signs 26. Storage Lockers W 0 27. Race Committee Platf( 28. Encroaching Piers an( 29. Patio Decks 30. Floating Dry Docks 31. Promontory Bay 32. Grand Canal s 40 H -1 H -1 12/11/78 HARBOR PERMIT POLICIES 40 1. HARBOR INSTALLATIONS GENERAL A. Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste, liveaboards, or noise disturbances to adjoining residents. B. Shore connected piers and floats bayward of commercial -zoned stress'. may be used by persons other than the occupants of the abutting upland property. C. Only piers and floats and their appurtenances shall be permitto between the bulkhead,.and pierhead lines. D. No private pi rs shall be permitted at street ends. E. In R -1 zones, o ly a single pier and float or slip shall permitted bayward of each rcel or lot. 2. DEFINITIONS A. The term "Pier" shall mean any fixed or floating str cture for securing vessels, loading or un oading persons or property, r providing access to the water, and inclu es wharf, dock, float, or Cher landing facility, and dry dock. B. The "Harbor Lines" are est lished Bulkhead, P erhead, and Project Lines. C. The "Bulkhead Lines ", as esta lished, shall efine the limit of solid filling or solid structures. D. The " Pierhead Lines ", as establish l and float -type structures. \ E. The "Project Lines" shall define th c and by the Federal Government in 1"5- F. The term Liveaboard shall meanie use of living quarters either permane ly or on a exceeding 3 days. 3. PERMITS REQUIRED 1 define the limit for pier lines of the improvements ncy of a vessel for rary basis for a period A. No person or agency shall uiId, maintain, extend or ake structural alterations on any build ng, pier, piling, bulkhead, sea wall, reef, breakwater, or other st ucture in, upon or over the waters of Newport Harbor or the Pacific cean 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, wit out first obtaining a written permit to do so from the City. B. The Orange County District may do construction work or fill or dredge within Newport H 'bor, or cause the same to be done, without such a permit so long ar such work is done pursuant to a harbor development plan on lands not owned by the City or pursuant to a request therefore by the City Council. C. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. Amended 12/11/78 -1- H -1 11/22/76 HARBOR PERMIT POLICIES 1. HARBOR INSTALLATIONS GENERAL A. Shore connected piers and floats bayward of residential -zoned areas shall be reserved for the occupants of the abutting upland property. B. Shore connected piers and floats bayward of commercial -zoned areas may be used by persons other than the occupants of the abutting upland property. C. Only piers and floats and their appurtenances shall be permitted between the bulkhead and pierhead lines. D. No private piers shall be permitted at street ends. E. In R -1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot. 2. DEFINITIONS A. The term "Pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, or other landing facility, and dry dock. 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 -1936. F. The term Liveaboard shall mean the use of occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 3 "`days. 3. PERMITS REQUIRED A. No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, without first obtaining a written permit to do so from the City. B. The Orange County District may do construction work or fill or dredge within Newport Harbor, or cause the same to be done, without such a permit so long as such work is done pursuant to a harbor development plan on lands not owned by the City or pursuant to a request therefore by the City Council. C. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. Amended November 22, 1976 -1- H -1 10/26/76 D. A separate permit will be required by the Community Development Department for any plumbing and electrical work on harbor structures. 4. GENERAL PROVISIONS FOR HARBOR PERMITS A. Acceptance of Provisions: It is understood and agreed by the Pe it tee that the doing of any work under the permit shall constitute an cceptance of all the provisions. B. Permit om Other Agencies: The party or parties to whom th permit is issued sh 1, whenever the same is require& by law, secure a written order or c sent to any work hereunder from the U. S. Corp of Engineers or any other ublic body having jurisdiction, and the 7thout it shall be suspended in eration unless and until such order or ent is obtained. C. Transferring Pe t: The permit is not transferable the written consent of the Cit of Newport Beach. D. Inspection: The work shall be subject to the super ision and approval of the Marine Department. E. Protection of Traffic: A quate provisions sha be made for the protection of the traveling public. B ricades shall be p aced on streets, with lights at night, also flagmen emplo d, all as may be required by the particular work in progress. The Permittee shall not attempt t forbid t e full and free use by the public of all navigable waters at or adjac nt to he work or structure. If the display of lights and signals on any ork ereby authorized is not otherwise provided by law, such lights and signa s as may be prescribed by Bureau of Light Houses, Department of Commerce, s 11 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 a y sidewa a, street, alley, public way or navigable channel. F. Liability for Damages: The Permit ee is responsib a for all liability for personal injury or property damag which may arise t of work herein permitted, or which may arise ou of the use or posse Sion of said works, and in the event any claim is m e against the City of ewport Beach or any department, officer, or emp oyee thereof, though, by reasons of, or in connection with such work, rmittee shall defend, ind ify and hold them and each of them, harmles from such claim. G. Revocation of Permit: The riAhts given under this permit are rmissive only and the City of Newport Beach reserves full right, power an authority to revoke this permit at any time. In the event the Permittee fai s to remove said works within th time specified, then the Marine Safety Depart- ment shall have the right t immediately remove same at the cost an expense of the Permittee. H. Repairs: The Permittee s ll keep the structures in good repair at all times. Failure to repair, when written notice has been given by the Marine Department, shall be cause for the revocation of the permit. 2- Amended - October 26, 1976 H -1 11/22/76 HARBOR PERMIT POLICIES - Page 3 i I. Pollution Control: The Permittee shall maintain the area delinea don the harbor permit free and clear from beached or floating rubbis , debris or litter at all times. Adequate safeguards shall be maintain d by the Pe ittee to avert any other type of pollution of Newport Ha or from recr ational an commercial use of the tidelands. Fail a to comply with he provisions of this section shall be cause, after itten notice has be given to the Permittee by the City, for the rev cation of the permit. When unusual circumstances arise with respect o the collection of debri or litter, the City Manager may authorize b the use of City forces or y contract the removal of said debris. J. Rights to i ose rental or other charges: The ap royal of the foregoing permit by th City of Newport Beach shall not c stitute a waiver of any rights which i may nV e or hereafter have to impose rental or other charges in con. nctio the maintenance o the proposed facility and user of the same. Thosing of tideland rental, or use, fees shall not be extended t inprivate residen ial piers and slips, constructed and used solely by htting uplands o er for recreational purposes, unless otherwise dir by State Mand e. K. In those areas of the or where th piers and floats are bayward of residential zoned ared are rese ed for the occupants of the abutting upland propeliveaboar s shall not be permitted. 5. ISSUING OF PERMITS A. The Marine Department ut ty Council approval is authorized to approve and issue new its d revisions to existing permits that conform to the standabo d wings and the adopted Harbor PermitPolicies. B. Prior approval of the CitXPO ouncil ill be required before the Marine Department may issue any mit tha t does not conform to the standard harbor drawings and the a ted Harbo Permit Policies. C. Prior approval of the C ty Council will Is be required before issuing a permit for shore -con ected structures w en: 1. The abutting upl d property is a dedicated public right of way except along the Grand anal on Balboa Island. 2. The abutting u and property is owned by the City except around Lido Isle and Harb Island. 3. The abutting upland property is zoned commercial. 4. Approved Bu khead Lines, Pierhead Lines, or setback lines do not exist. 5. The struc re would affect a designated swimming area. 6. Commercia signs are to be installed. 7. More than one slip or float is requested bayward of a single parcel. is D. Prior approval of the U.S. Corps of Engineers will be required before issu- ing any permit. Application to the U.S. Corps of Engineers may be made on forms provided by the U.S. Corps of Engineers. E. Prior approval of Orange County will be required when work extends over tidelands claimed by the County. Amended - November 22, 1976 11 CJ a HARBOR PERMIT POLICIES - Page 4 H -1 10/26/76 F. Prior approval of the Joint Harbor Committee will be required before issu- ing any permit when: 1. Work extends beyond the U.S. Pierhead Line, except when pe- I tted 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 rbor Committee and the City Council. G. Before issuing a Harbor Permit, for any unusual type of `arbor structure, or for a st cture on which the applicant proposes a u that is not in keeping with a surrounding area, all bayfront prope y owners or long term lessees wi hin 300' of the proposed work shall notified in writing by the Marine Dep tment. A. Applications for author to erect structures s all be submitted to the Marine Department upon rotins provided therefor. Plans showing the location, extent, and char ter of the proposed work and required fees shall accompany the applicat on. B. The application must be signed ythe fee o rs or any long -term lessee of the abutting upland property. Long -term lessee shall be defined as a party having a leasehold on the :%-P operty fov a period greater than 5 years. C. Applications for joint ownership pi or any long -term lessee of the abut 7. PLANS TO ACCOMPANY PERMIT APPLICATIONS A. Plans accompanying the application must be carefully prepared in the B. Samples of drawing to accompany Marine Department. G. Number of plans submitted shall ment. D. Plans shall include the fo 1. Date of drawing and o be signed by all fee owners d properties. a part of the permit and be furnished by the determined by the\Marine Depart- 2. Location and dimension of proposed structure and location of existing structures on adjacent properties. 3. Location of bulkhea , pierhead, and project lines. 4. Location of U.S. Bulkhead stations. 5. Location of property lines. 6. Location of channel markets. 7. Lot sizes and lot numbers. Amended - October 26, 1976 C J H -1 HARBOR PERMIT POLICIES - Page 5 10/26/76 8. Existing ground profile beneath proposed structure. 9. Elevation of top and bottom of bulkheads and piles with respeGf to M.L.L.W. 10. Area and profile of any proposed dredging with elevations depths with respect of M.L.L.W. 11. Any existing conditions affecting the construct/ 1-01 cking opera- tion. E. Drawing size hall be 8 -1/2" x 11 ", 11" x 22 ", or 2. F. Scale shall be a equate to clearly show the above iG. Existing structures hall be shown in light dashesrk shall be shown in heavy solid ines. 8. EXPIRATION OF PERMIT A. The time limit for the comp tVo work a thorized by a permit shall be 2 years from date o B. All permits shall expire unles con emplated shall have been completed within the time l imid. C. If the work contemplated has bed nd diligently prosecuted but not completed in the time c ied, a time extension may be granted by the City Council pt of a written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is a h that i left incomplete it will create a hazard to human life or end r adjoinin property, a cash bond or surety bond satisfactory to the Cit Attorney in he sum of 100 percent of the estimated cost of the work will be required to uarantee the faithful performance of the proposed work. 10. TRANSFER OF PERMITS A. Permits for harbor structures #e issued subject to the ,condition that any improvements constructed s all not be sold in whole o part, leased, or transferred, without the w#itten consent of the City. B. Whenever a permittee sells t e abutting upland property, a request shall be made to the City to trap fer the permit. Forms for this purpose may be obtained from the Marine Department. Failure to apply for a transfer within 30 days fr m the date that the abutting upland property changed ownership will re ult in an additional fee by the City. C. The Marine Department is authorized to approve transfers to the new owners or long -term lessee of the abutting upland property. D. At the time of transfer all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected within 6 months from date of transfer. Amended - October 26, 1976 R -1 11. DREDGING 3/22178 A. A permit for dredging will not be required when: 1. Dredging has been approved in connection with a permit for any shore - connected structure. B. All other dredging will require a permit from the Marine Department and may be subject to engineering approval by the Public Works Department. C. Major dredging outside the established harbor lines will require prior approval by the City Council and the U.S. Corps,of Engineers. 12. FEES / A. INITIAL PERMIT F S 1. New Permits 2. Revisions 3. Transfers 4. Dredging 5. For work started but a $60.00 fee will be extension. 6. For all transfers abutting upland p 60.00 will be ch Administr tive Action $190.00 Council ction $270.00 Plus. 25.00 for each additional slip d $2.50 for each lineal foot f bulkhead, except in the rand Canal where new pe its shall be $60.00 inistrative Action $ 85.00 C cil Action $140.00 us 25.0 for each additional slip an $2.50 for each lineal foot of lkhead. 155.00 70.00 finished within theme limit specified, ged for any Council quest for a time applied for within 30 days from the date the ty changed ownership, an additional fee of 7. If the value of work proposed under a revision is over 50% of the replacement value!of the existing structure, a new permit will be required. ' B. PIER REGISTRATION FE$S. Annual pier registration fees are due and payable on 1 March in accordance with the following schedule: 1. Non - commercial piers - -- $10.00 Amended --May 22, 1978 -6- A. Unless otherwise excepted by Council, all piers and f ats shall conform to the approved Standard Drawings. B. The following t4 drawings, dated June 1, 196 , have been approved and are on file \\in the Public Works Department: 1. Grand Canal - latform and Steps Type I Dwg. No. STD -601 -L 2. Grand Canal - P tform and Steps Type II Dwg. No. STD -602 -L H -1 3. Standard Bulkhea Allowable Encroachments Dwg. No. STD -603 -L 4. Standard Residenti Float West Newport Dwg. No. STD -604 -L 10/26/76 2. Commercial piers - 0.00 basic fee plus additional charges for slips or floats as follows: S. Standard Pier Sections and ier Det is Dwg. No. STD -608 -M 14. DESIGN OF STRUCTURES A. a) Not more than 10 slips or floats 2.00 each. in accepted engineering design for the terial used, provided that no b) Not more than 20 slips or floats 20.00 plus B. 1.00 for each slip or float in excess of 10. minimum live load of 40 P.S.F. of horizontal rojection. Float struct- c) More than 20 slips or floats 30.00 plus P.S.F. of horizontal projec ion for stress calcul tions. 50 for each slip or float --- in excess of-20. horizontal force of 20 P. F. applied at the top of t e railing. 13. STANDARD DRAWINGS No reduction of the ass ad live load shall be allowed i any part of the design except that n the case of timber structures t working A. Unless otherwise excepted by Council, all piers and f ats shall conform to the approved Standard Drawings. B. The following t4 drawings, dated June 1, 196 , have been approved and are on file \\in the Public Works Department: 7- Amended 5/27/75 1. Grand Canal - latform and Steps Type I Dwg. No. STD -601 -L 2. Grand Canal - P tform and Steps Type II Dwg. No. STD -602 -L 3. Standard Bulkhea Allowable Encroachments Dwg. No. STD -603 -L 4. Standard Residenti Float West Newport Dwg. No. STD -604 -L Channels 5. Standard Residential oat without Pier Dwg. No. STD -605 -L 6. Standard Residential F1 t with Pier Dwg. No. STD -606 -M 7. Standard Commercial Pier d Float I tall. Dwg. No. STD -607 -M S. Standard Pier Sections and ier Det is Dwg. No. STD -608 -M 14. DESIGN OF STRUCTURES A. All structures shall be sufficient a ength to support the estimated or actual imposed dead and live loads i out exceeding the stresses allowed in accepted engineering design for the terial used, provided that no structure or part thereof shall b desi d for live loads lees than those specified hereinafter. B. Platforms, piers, and brow str tures shall a designed to support a minimum live load of 40 P.S.F. of horizontal rojection. Float struct- ures shall be designed to sus ain a minimum to of 20 P.S.F. of hori- zontal projection for buoyan y calculations and minimum load of 30 P.S.F. of horizontal projec ion for stress calcul tions. C. All railings and railposts shall be designed to wit tend a minimum horizontal force of 20 P. F. applied at the top of t e railing. D. No reduction of the ass ad live load shall be allowed i any part of the design except that n the case of timber structures t working stress may be increase by 100% for impact only. 15. JOINT OWNERSHIP PIERS A. Permits may be grant d for joint ownership piers at the prolongation of common lot lines sub act to the following conditions: 1. No permits will be granted to persons other than the owners or long -term less 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. 7- Amended 5/27/75 H -1 10/26/76 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly Cesponsible for com- pliance with all rules, regulations, and conditions set forth in the permit. B. The policy for set -backs applies to joint ownership piers with the exception that the slips, floats and piers may extend over the com- mon property line. 16. BULKHEADS A. All bulkheads in residential districts shall be installed on.Ehe established bulkhead line or at a location behind the bulkhead line tha would preserve the design rofile of the harbor. Any retaining or orname al wall installed landward of he bulkhead line shall be considered a bulkh ad if it also serves to on ain the waters of the harbor and shall be rocessed in the same manner as f it were on the bulkhead line. The Marine Depar Veqaen t may issue permits for bulkhead , between U.S. Bulkhead St Numbers 112 -109 not to exceed he bayward side of the "Vacated FasAvenue." Concrete bulkheads nd wooden retaining wall structures ed to be constructed baywar of the bayward most line of vacated y Avenue shall be subject o City Council approval. B. Bulkheads shall t th existing height esta fished for the area and shall be connect adj cent bulkheads. In ases where no adjacent bulkhead or bulks exis a wing wall or ng walls shall be constructed from the bulkheadward equate to cont n the fill behind the bulkhead. No solid or masostructur shall be con ructed on a bulkhead. C. The height and d of all bu kheads d wing walls shall be subject to the design and cruction stan ards o the Public Works Department. D. All bulkhead permay be subjec t a detailed construction drawing being approved be Public Works partment. Drawings signed by a Civil or StructuEngineer may be quired and shall clearly show the following: 1) Exact location of Ithebulkhead a d ancho blocks. 2) Top and bottom ele. 3) Design loads and a rge loading 4) Depth of dredging sounding data. 5) Details of returns ection to exis ng walls. 6) Any special conditfecting bulkhead onstruction or design. E. Reference may be made Standard Drawings or typical slab and cop- ing details. F. The bulkhead shall not d to support any struc ure on the abutting upland property unless lkhead has been properl designed to carry the additional loads. G. In areas where there is existing development and it is odirect benefit to the City to have a bulkhead constructed, the City may ontribute 1/3 of the cost of cons ructing a bulkhead across street ends.\ H. All private bulkh ads constructed along street right of way lines shall conform to the Ci y Standard Drawings for a concrete bulkhead. Amended - October26, 1976 H -1 10/26/76 17. PARKING REQUIREMENTS A. All commercially operated boat docking facilities shall provide 0.75 park- ing stalls for each single boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified as a slip. B. For dry boat storage areas, 0.33 parking stalls shall be provided for each storage space available. C. For float 14 dry docks, at least 2 off - street parking stalls shall be pro- vided exclusively for each dry dock. D. All parking sh \ facilites to the City of Newport Beach off - street parking standards. j 18. SAFETY REQUIREMENT A. All commercialoat docking faciliti s shall be equipped with fire fighting specified by the F re Chief of the City of Newport Beach. B. Any electrical any pier, dock r float shall be installed under a permit the City of N wport Beach Community Develop- ment Departmen C. Any domestic water service u under a permit obtained from Department. any piey, dock, or float shall be installed City f Newport Beach Community Development D. All commercial piers, floats or d shall be lighted in such a manner 0.5 -foot candles for all areas us 19. SANITARY REQUIREMENTS used for the loading of passengers, to provide an illumination level of or the loading of such passengers. A. A permit for a pier, dock or f at shall not be issued until the rough plumbing for the dwelling unit or the req fired restrooms serving such pier, dock or float, has been installed an approved by the City Building Inspector. The use of a pie ' dock or floa will not be allowed until restroom facilities are coma ete i and in one tin. B. All public or private comet rcially operated sho - connected boat anchor- ages shall have a minimum f 2 restroom facilitie one for women and one for men, for each 20 boat slips or boat berths ava lable in the anchorage area. The minimum walki g distance from the furthe boat berth to the restroom facility shall of exceed 400 feet. C. Sewage Pumping Facili Permission may be gr ted to install and operate sewage p ing facilities for boats moored to bore- connected structures providing such. installations are first approved Vy the Marine Department. In requesting app oval, the following information must be submitted in letter form to the Marine Department. 1. The name and address of the person responsible for the installation; Amended - October 26, 1976 -9- CJ 11 H -1 10/26/76 2. The name and address of the manufacturer of all pumping equipment; 3. A complete description of the materials and the pumping equipment to be used; 4. An 8 -1/2 x 11, or larger, sketch clearly showing the location of the sewage discharge lines, the connection to the sewer system,,'and the area to be served. 20. SET BACKS A. All piers and floatrk for residential properties shall minimum of 5 feet fr6kn the projection of the property B. All piers and floats foil commercial properties may of the property line. \ i C. The projection of the prop e ty line bayward of bulkhead shall generally be ed in determinen for piers and floats. Becaus there are cer preclude the strict applicatio of this pol y ing properties, Council approval will be r ui projections of the property line ave not een conditions exist: 1. Where property lines are not head line. 2. Where curves or angles exist in set back a to the projection fhe same bearing from the the allowable set backs n physical conditions which without prejudice to adjoin= ed in areas where precise determined and the following ely perpendicular to the bulk- line. 3. Where bridges, topograph/ ic et ends r publicly -owned facilities adjoin the property. 21. MOORINGS A. Boats moored at private or pocks shall not extend b eyond the pro- jection of the property linee property to w ch the dock facility is connected in accordance w tion 20 -C. B. Any boat moored at a pier, ock, or float shall not extend bayward a dis- tance of more than the wid of its beam beyond the pie dock or float. 22. BALBOA ISLAND No new, non - commercial pier on Balboa Island shall be recommend d unless it is in the public interest o unless it is at such a location that `it is not usable for swimming or bat ing. Piers presently in use ma be repaired but recommendations for any additions or remodeling shall be re tricted to such changes that do not lessen the use of either the immediate ater or land areas. 10- 40 H -1 10/26/76 Whenever any application to install a new, non - commercial pier is to be taken under consideration by the City Council, all occupants within 300 feet of the proposed work shall be notified in writing by the Marine Department. 23. BAYWARD LOCATION OF PIERS AND FLOATS ** A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section. / B. U. S. Bulkhead Sta. No. 109 to No. 110 Piers may be 16 feet channelward of the U. S. Pierhead Line. C. U. S. Bulkhead Sta. No. 110 to No. 112 Piers will be out to the U. S. Pierhead Line. / ed to extend ted to extend D. U. S. Bulkhead a. No. 112 to No. 113 Piers wil be permitted to extend out to the U. S. ierhead Line. Commercial pier between "A" Street and Adams Street will a subject to special permits approved by City Council. E. U. S. Bulkhead Sta. o. 113 to No. 114 Pier shall be subject to a special permit approved by Ci Council. F. G. to the U. S. Pierhead 20 feet bevond the U H. U. S. Bulkhead Sta. No. 20 feet beyond the U. S. I. The Rhine. Special permits construction of piers in the Sta. No. 120. J. to K. West Newport Channels and the channel lying No. 119 P/fers will be permitted to extend Piers may be permitted to extend 21 Piers may be permitted to extend ne. by City Council shall be required for tending northerly from U. S. Bulkhead No. 125 biers or boat slips may be permitted of the U. 'y, Pierhead Line. may be permitt in the Rivo Alto, the Rialto, y of Newport Bo evard. Piers, slips, and fls will be permitted toe end channelward a distance of 30 feet maximum fr m the channel lines in the 14 vo Alto, the Rialto, and the channel lying we terly of Newport Boulevard. Property extending to the ordinary high tide line, with a frontage exceeding thirty (30) feet ill be allowed 1 foot increase in float width parallel to the Pierhead Linn, for each additional 2 -1/2 feet of frontage. Based on Harbor Regulations adopted by City Council on December 15, 1941. Amended - October 26, 1976 11- r H -1 10/26/76 The piers, slips and floats in Balboa Coves shall not extend into the channel a distance greater than 30 feet from north line of channel shown on Tract 1011. Floats up to 20 feet in length may extend into the bay the 30 feet from the said line of waterway; however, for floats over 20 feet in length, the 30 feet distance shall be reduced 1 foot'for each 2 feet added to the length of the float. The maximum permisWible length of float shall be 30 feet. (Second paragraph of Sec. 2 (k) added by Resolution 6139.) L. U. S. Bulkhead Sta. No. 226 to No. 227. Piers or bo& slips will be permitted to extend to the U. S. Pierhead Line. M. U. S. Bulkhea Sta. No. 227 to No. 128. Pi/ or oat slips will be permitted to e end to the bulkhead line. N. U. S. Bulkhead Sta No. 128 to No. 130. Pioat slips will be permitted to extend to the U. S. Pierhead L 0. U. S. Bulkhead Sta. No 130 to No. 131. iers or boat slips may be permitted to extend 20 Xeet channelward Of the U. S. Pierhead Line. P. Upper Bay. Piers or boat lips may permitted to extend to the Pier- head lines as shown on Har r Lines p approved by City Council and on file in the Public Works epartm t. Q. U. S. Bulkhead Sta. No. 132 mitted to extend to the U. S R. U. S. Bulkhead Sta. No. 137 S. division. Piers shall be gr City Council to extend 16 fe Piers may be permitted to Line. Pier or boat slips will be per - Line. der special permits approved by yon the U. S. Pierhead Line. Subdiv sion to U. S. Bulkhead Sta. No. 10 20 feet c4annelward of the U. S. Pierhead T. U. S. Bulkhead Sta. No. 104 to No. 106. Pier \ tohe e subject to special permits approved by Ci y Council. U. Bay Island. Piers w 1 be permitted to extenU. S. Pierhead Line on the west, norther y and easterly sides of d. Piers will not be permitted on the north side of the channel Bay Island. V. Balboa Island. AIA new piers shall be subject to speci permits approved by the City Counc 1. Revisions to existing piers will be permitted providing they do not less n the use of either the immediate water or land areas. 1. South BayFont East of U. S. Bulkhead Sta. No. 256. Piers may be per- mitted to 4xtend 16 feet channelward of the U. S. Pierhead Line. Dredg- ing around floats shall not exceed a depth of 4 feet a mean lower low water along a line 85 feet channelward of and parallel to the bulkhead line. 12- H -1 10/26/76 2, South Bay Front between U. S. Bulkhead Sta. No. 256 and 259. Piers may be permitted to extend 10 feet channelward of the U. S. Pierhead Line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet channelward of and paralle to the bulkhead line. 3. South Bev Front from Emerald Avenue Northwesterlv to of Section 1, Balboa Island. Piers will be permitted to extend to City pierhead line. Dredging around floats shall no/t exceed a depth of 2 feet at mean lower low water along a line 45 eet channelward of and parallel to the existing concrete bulkhead 4. North Bay Front. Piers may be permitted to ex nd 10 feet channelward of the U. S. Pierhead Line, except where a pi r line has been established by the City. D dging around floats shall n t exceed a depth of 2 feet at mean lower low ter along a line 60 fe channelward of the parallel to the U. S. Bulkhea Line or the existin concrete bulkhead. 5. East Bay Front. Piers m be permitted to extend 10 feet channelward of the U. S. Pierhead Line ortherly o the northerly line of Park Avenue and 16 feet channelwa d of t U. S. Pierhead Line southerly of the northerly line of Park venu . Dredging around floats shall not exceed a depth of 2 feet at a lower low water along a line 60 feet channelward of and parallel the bulkhead line. W. Collins Isle. Piers will be permied tX extend to the U. S. Pierhead Line on the southwest and west aid of Co ins Isle. No piers will be permitted on the north or east si a of Colllans Isle. X. Harbor Island. Piers will be p rmitted to ext d to the U. S. Pierhead Line. Special permits approve by City Council ill be required for piers northeasterly of Lots 1 15, 16 and 36. Y. Lido Isle. Piers may be pe itted to extend out to Ne U. S. Pierhead Line, except on the westerl side between U. S. Bulkhe Sta. No. 172 and No. 174. Piers may be permitted to extend 20 feet b and the U. S. Pierhead Line between U. Bulkhead Sta. No. 172 and No. 74. 1. Piers and floats wiI not be permitted in the beach area ong the northerly side of L do Isle between the easterly line of Lo 849 and the westernly line of Lot 493. 2. Piers and floats #11 not be permitted in the beach area along the southerly side o Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457. Z. Linda Isle. Piers br boat slips will be permitted to extend to the Pier- head lines as sho 7 on Harbor Lines Map approved by City Council and on file in the Publi 9,Works Department. 24. EXCEPTIONS t The City Council may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions 13- 0 i H -1 10/26/76 affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City. 25. SIGNS A. No signs shall be permitted beyond the bulkhead lines with the elception of the following: / 1. Informational and directional signs of service to the blic such as fuel, gasoline, live bait, ice, beer and similar sig which in general list services and commodities but do not ad ertise a specific brand. 2. Brand name s ns which are customarily a part a fuel pump or a vend- ing machine i tallation. B. No sign permitted total area. 26. STORAGE LOCKERS 27 28. the bulkhead lines sh4l exceed 4 square feet in Storage lockers and boat boxes y be inst floats subject to the following 1'mitation on shore - connected piers and A. The over -all height shall not ex ee 30 inches when located bayward of residential property zones; B. The over -all height shall not exc a 30 inches when located bayward of commercial and industrial.proper y zo s where the piers and floats are used primarily for the mooring f pleas re boats. C. The over -all height shall not exceed 60 in hes when located on facilities bayward of commercial and in trial zoned operty where the use is not primarily for the mooring o pleasure boats. The over -all height shall to the top of the storage Sec. 27 adopted as Sec. 2 RACE COMMITTEE PLATFORM measured from the ker. Addendum No. 1 by Reso of the pier or float 6041.) Race committee platforms and instruction platforms may be const ucted bayward of the bulkhead lines a recognized yacht clubs and recognized sa ing schools. All work shall require rior approval of the City Council and unles''b otherwise specified shall be in onformance with the over -all dimensions shown on City of Newport Beach Stan and Drawing No. STD- 609 -M, dated October 26, 1964. 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. 14- 2. Any change in type of existing use of the abutting upland p by the permittee. 3. Any change of existing ownership of the abutting upland the permittee or upon the death of the permittee. H -1 10/26/76 owned erty owned by 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 o er of the abutting upland property, in front of which the harbor facility encybaches, shall be notified in writing of the meeting ih which the new permit wilX be considered. 29. PATIO DECKS In areas where the waterways a e privately o ed, and within Promontory Bay, patio type decks may be cantile red beyon the established bulkhead lines subject to the following condition: A. The maximum projection of patio e s encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the olongons of the side property lines shall be 5 feet. C. No float shall be permitted ithin 2 feet the decks. D. No permanent structure s 11 be permitted on a projecting portion of the patios except: 1. Planters and benc es not over 16 inches in hei t. 2. Railings not ov r 42 inches in height with approx tely 95% open area. 30. FLOATING DRY DOCKS A. Permits for flo ting dry docks may be considered for approval by the City Council, subje to the following conditions: 1. The loca on is in waters bayward of commercial, manufacturing or unclassi ied 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. Amended - October 26, 1976 15- HARBOR PERMIT POLICIES - Page 16 31. PROMONTORY BAY H -1 10/26/76 The following conditions are to be placed on each harbor permit when approved; A. That the permittee shall be responsible and maintain the area delineated on the harbor permit free and clear from floating rubbish,debris or litter at all times. i B. That the permittee shall be responsible for all intenance dredging, in accordance with the design profile for Promo ory Bay, for the area between the bulkhd line and pierhead li a as delineated by the harbor permit. \ 32. GRAND CANAL A. The following conditions are \o be in effect and placed on each harbor permit for the Grand CaXial. / 1. That the permittee shall be a love either one pier platform, or in lieu thereof, two shore moo in type appurtenances per lot. Pier platforms and shore moorin shall be constructed according to approved Standard Drawings a Specifications issued by the Marine Department. 2. That all vessels (maximum le gth \ alt red in the Grand Canal shall be tied off to pier p atforat ures or shore moorings. Vessels tied to the bulkhe or bate methods not approved by the Marine Department all be ted. 3. That the permittee shall a allowed no mor than one vessel per shore mooring. 4. That any shore mooring approved for the Grand Canal shall display a permit number issue by the Marine Departmen . 5. That each vessel tie to any pier platforms in the Grand Canal be anchored from the s ern in such a method as to prevent the vessel from swinging into djoining vessels or across bayward prolonga- tions of private p operty lines. B. There shall be no p fronting on alleys, the Canal. C. There shall be no forms bayward of of Grand Canal, u Amended - October 26, 1976 is issued for shore moorings or pier platforms nues or other public easements terminating on permits issued for shore moorings or pier plat - lots at the extreme south end and north end approved by Council.