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HomeMy WebLinkAbout(1976, 10/26) - H-1 - AmendedH-1 10/26/76 D. A separate permit will be required by the Community Development Department for any plumbing and electrical work on harbor structures. 4. GENERAL PROVISIONS FOR HARBOR PERMITS A. Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work under the permit shall constitute an acceptance. of all the provisions. B. Permit from Other Agenc'es: The party or parties to whom the ermit is issued shall, whenever t e same is requiredby law, secure th written order or consent to any\pe ereunder from the U. S. Corps f Engineers or any other public .bodyg jurisdiction, and the permi shall be suspended in operation uand until such order or cons nt is obtained. C. Transferring Permit: Tht is not transferable witout the written consent of the City of NBeach. *D. Inspection: The work shall be bject to the supervi ion and approval of the Marine Department. E. Protection of Traffic: Adequate p visions shall a made for the protection of the traveling public. Barricade shall be pla d on streets, with lights at night, also flagmen employed, alls may be re uired by the particular work in progress. C The Permittee shall not attempt to forbi the ull 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 eby authorized is not otherwise provided by law, such lights and signals, may be prescribed by Bureau of Light Houses, Department of Commerce, sha be installed and maintained at the expense of the Permittee. Structures shall be so constructed as of to o struct, interfere with or prevent the free use or passage of an sidewalk ,-street, alley, public' way or navigable channel. F. Liability for Damages: The Permitee is responsib e for all liability for personal injury or property damag which may arise ut of work herein permitted, or which may arise ou of the use or pos\ewport on of said works, and in the event any claim ism a against the City Beach or any department, officer, or emp oyee thereof, thougreasons of, or in connection with such workermittee shall defendemnify and hold them and each of them, harmle s from such claim. G. Revocation of Permit: Ther ghts given under this permit apermissive only and the City of Newpor Beach reserves full right, po erre and. authority to revoke this permit at a time. In the event the Permit ee fails to remove said works within a time specified, then the Marine Safety Depart- ment shall have the right to immediately remove same at the c st and expense of the Permittee. * H. Repairs: The Permittee shall keep the structures in good repair at all times. Failure to repar, when written notice has been given by the Marine Department, shalt be cause for the revocation of the permit. -2 - *Amended - October 26, 1976 HARBOR PERMIT POLICIES - Page 4 H-1 10/26/76 i 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 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 lon term lessees within 3 ' of the proposed work shall be notified in wr. ing *by the Marine Departmen . 6. APPLICATION FOR HARBOR PERMIT A. Applications for authority t erect structures shall be submi ed to the *Marine Department upon forms ovided therefor. Plans showi g the location, extent, and character of the proposed work and r uired fees shall accompany the application. B. The application must be signed by th fee owners or an long-term lessee of the abutting upland property. Lon -term lessee sh 1 be defined as a party having a leasehold on the proper for a perio greater than 5'years.' C. Applications for joint ownership piers sh 11 be s'gned by all fee owners or any long-term lessee of the abutting up and p operties. 7. PLANS TO ACCOMPANY PERMIT APPLICATIONS A. Plans accompanying the application will for a part of the permit and must be carefully prepared in the form pr scrib d. *B. Samples of drawing to accompany applica ions will be furnished by the Marine Department. * C. Number of plans submitted shall be etermined by the rine Depart- ment. D. Plans shall include the followi g: 1. Date of drawing and orig' . 2. Location and dimension of proposed structure and locatio of existing structures on adjace properties., 3. Location of bulkhe d, pierhead, and project lines. 4. Location of U.S. Bulkhead stations. 5. Location of pr perty lines. 6. Location of channel markers. 7. Lot sizes and lot numbers. *Amended - October 26, 1976 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 respect to M.L.L.W. 10. Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 11. Any existing conditions affecting the construction or docking opera- tion. E. Drawing size shall be 8-1/2" x 11", 11" x 22",or 21" x 31". F. Scale shall be adequate to clearly show the above information. G. Existing structures shall be shown in light dashes. New work shall bei shown in heavy solid lines. 8. EXPIRATION OF PERMIT j" A. The time limit for the compl tion of all work authorized by d,permit shall be 2 years from date of pproval. B. All permits shall expire unless a work contemplated all have been completed within the time limit sp cified. t C. If the work contemplated has been st ted and dili ently prosecuted but not completed in the time limit sp cified, a ime extension may be granted by the City Council upon rec ipt of written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is such at i left incomplete it will create a hazard to human life or endanger djoinin property, a cash bond or surety bond satisfactory to the City torney i the sum of 100 percent of the estimated cost of the work will e required guarantee the faithful performance of the proposed work. 10. TRANSFER OF PERMITS A. Permits for harbor structure are issued subject to t e condition that any improvements constructs shall not be sold in wholor part, leased, or transferred, without t written consent of the City B. Whenever a permittee se s the abutting upland property, request shall be made to the City to transfer the permit. Forms for thi purpose may *be obtained from the arine Department. Failure to apply fo a transfer within 30 d s from the date that the abutting uplan property changed ownership w 1 result in an additional fee by the City. *C. The Marine Depart ent is authorized to approve transfers to the new owners or lZainsfer -term lessee of the abutting upland property. D. At the time of 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 3. The permit shall provide that all parties s:iall have equ 1 rights/26/76 under the permit and shall be held jointly responsible for com- pliance with all rules, regulations, and co ditions set forth in the permit. B• The policy for set -backs applies to joint owner hip piers with the exception that the slips, floats and piers may extend over the com- mon property line. 16. BULKHEAD—K` S A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would the design .profile of the harbor. preserve landward of the bulkhead line shall be consideredningoa bulkheadaifwitlalsotalled 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 U.S. Bulkhead Station Numbers 112-109 not to bulkheads, xed the ba ween the "Vacated East Bay Avenue." Concrete bulkheads and wooden etainin yward side of wall structures proposed to be constructed ba g line of vacated East Bay Avenue shall be subject rtooCity eCoancildamost B. Bulkheads shall be at the existing height established for the area and shall be connected to adjacent bulkheads. In cases whe no adjacent d bulkhead or bulkheads exist, a ng wall or wing walls shall be constructed from the bulkhead landward adequa to contain the fi behind the bulkhea No solid or masonry structure shall be constructed o a bulkhead. d. C. The height and design of all bulkheads nd wing wa is shall be subject to the design and construction standards of the Publ c Works Department. D. All bulkhead permits may be subject to a de ail d construction drawing being approved by the Public Works De artmen . Civil or Structural Engineer may pq Drawings signed by a following: Y be required d shall clearly show the 1) Exact location of bulkhead and anchor 2) Top and bottom elevations. 3) Design loads and any surcharge loadin 4) Depth of dredging and any sounding d 5) Details of returns or connection to 6) Any special conditions affecting bu ki E. Reference may be made to City Stand ing details. ocks. a. isting walls. ead constructio or design. Drawings for typical\slab and cop - F. The bulkhead shall not be used to s upland property unless the bulkhea has rbeen yproperlyrdesigned abutting the additional loads. G. In areas where there is existing development and it is of direct b nefit to the City to have a bulkhead onstructed, the City may contribute 1/3 of the cost of constructing a bulkhead across street ends. H. All private bulkheads constructed along street right of way lines shall conform to the City Standard Drawings for a concrete bulkhead. * Amended - October 26, 1976 -8- 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 stQrage areas, 0.33 parking stalls shall be storage space ava4able. C. For floating dry docks at least 2 off-street parking stalls vided exclusively fore h dry dock. r each be pro - D. All parking shall conform t the City of Newport Beach o -street parking standards. 18. SAFETY REQUIREMENTS A. All commercially operated boat d cking facilities hall be equipped with fire fighting facilities as speci ied by the Fir Chief of the. City of Newport Beach. B. Any electrical service upon any pie dock o float shall be installed under a permit obtained from the Cit of N port Beach Community Develop- ment Department. C. Any domestic water service upon any pi dock, or float shall be installed under a permit obtained from the City of X7port Beach Community Development Department. D. All commercial piers, floats or dks used fo the loading of passengers, shall be lighted in such a manne as to provid an illumination level of 0.5 -foot candles for all areas sed for the loa ng of such passengers. 19. SANITARY REQUIREMENTS A. A permit for a p/boat ck r float shall not be issue until the rough plumbing for theng unit or the required restroo serving such pier, dock or fls 'u een installed and approved by he City Building Inspector. The pier, dock or float will not be a lowed until restroom facilitcompleted and in operation. B. All public or prommercially operated shore -connected boa anchor- ages shall have um of 2 restroom facilities, one for women and one for men, for eacat slips or boat berths available in the anchorage area. The miniming distance from the furthest boat berth to the restroom facilit not exceed 400 feet. C. Sewage ities Permission m y be granted to install and operate sewage pumping facilities for boats m ored to shore -connected structures providing,such installations * are first pproved 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; *Amended - October 26, 1976 -9- 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 float for residential properties shall b set back a minimum of 5 feet fro the projection of the property ine. B. All piers and floats fo commercial properties may tend to the projection of the property line. C. The projection of the pro rty line bayward of a same bearing from the bulkhead shall generally b used in determinin the allowable set backs for piers and floats. Beca a there are cer in physical conditions which preclude the strict applicati n of this pol cy without prejudice to adjoin- ing properties, Council approv 1 will be x quired in areas where precise projections of the property lin have not been determined and the following conditions exist: 1. Where property lines are not ap r imately perpendicular to the bulk- head line. t 2. Where curves or angles exist i the bulkhead line. 3. Where bridges, topography, reet end\noextend -owned facilities adjoin the property. 21. MOORINGS A. Boats moored at private or public docks send beyond the pro-jection of the property l nes of the proph the dock facility is connected in accorda a with Section 2B. Any boat moored at a ier, dock, -or floatx end bayward a dis- tance of more than t e width of its beam ier, dock or float. 22. BALBOA ISLAND No new, non-commeZterest al piers on Balboa Island shall be recommended unless it is in the public or unless it is at such a location that it is not usable for swimm ng 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. stela 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 permitted to extend 16 feet channelward of the U. S. Pierhead Line. C. U. S. Bulkhead Sta. No. 110 to No. 112 Piers will be permitted t extend out to the U. S. Pierhead Line\No D. U. S. Bulkhead Sta. No. 112 to113 Piers will be permitt d to extend out to the U. S. Pierhead Line. C mmercial piers between " ' Street and Adams Street will be subject to spe ial permits approved City Council. E. U. S. Bulkhead Sta. No. 113 to No. 1 4 Piers shall be subject to a special permit approved by City Council. F. U. S. Bulkhead Sta. No. 114 to No. 119 Piers wil be permitted to extend to the U. S. Pierhead Line. G. U. S. Bulkhead Sta. No. 119 to No. 120 Pers ay be permitted to extend 20 feet beyond the U. S. Pierhead Line. H. U. S. Bulkhead Sta. No. 120 to No. 221 P e may be permitted to extend 20 feet beyond the U. S. Pierhead Line. I. The Rhine. Special permits approved y City C uncil shall be required for construction of piers in the Rhine, xtending n rtherly from U. S. Bulkhead Sta. No. 120. J. U. S. Bulkhead Sta. No. 1Z2. to N . 125 Piers or at slips may be permitted to extend 20 feet channelward o,f the U. S. Pierhea Line. K. West Newport Channels Piers/fnay be permitted in the \ivo Alto, the Rialto, and the channel lying weste y of Newport Boulevard. Piers, slips, and floats ill be permitted to extend ch nnelward a distance of 30 feet maximum froWly he channel lines in the Rivo Al o, the Rialto, and the channel lying west of Newport Boulevard. Property extending t the ordinary high tide line, with a frontage exceeding thirty (30) feet wi l be allowed 1 foot increase in float width parallel to the Pierhead Line for each additional 2-1/2 feet of frontage. **Based on Harbor Regulations adopted by City Council on December 15, 1941. -11- *Amended - October 26, 1976 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 permissible length of float shall be 30 feet. (Second paragraph of Sec. 23 (k) added by Resolution 6139.) L. U. S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to extend to the U. S. Pierhead Line. M. U. S. Bulkhead.Sta No. 227 to No. 128. Piers or boat slips will be permitted to extenabQ the bulkhead line. / N. U. S. Bulkhead Sta. No. 28 to No. 130. Piers or boat slips 11 be permitted to extend to th\3OUt'o S. Pierhead Line. 0. U. S. Bulkhead Sta. No. 1No. 131. Piers or boat s ips may be permitted to extend 20 feet hannelward of the U. S. P erhead Line. P. Upper Bay. Piers or boat slip may be permitted to extend to the pier - head lines as shown on Harbor L nes Map approved City Council and on file in the Public Works Depa tment. Q. U. S. B mitted to extend to the U. S. 37. Pier or boat slips will be per- rh4ad Line R. U. S. Bulkhead Sta. No. 137 to east prqpqftV line of Beacon Bay Sub- division. Piers shall be granted under special permits approved by City Council to extend 16 feet beyond U. S. Pierhead Line. S. East Property Line of Beacon Ba Su divisio to U. S. Bulkhead Sta. No. 104, Piers may be permitted to extend 0 feet channelward of the U. S. Pierhead Line. \ T. U. S. Bulkhead Sta. No. 104 to No. 106. Piers sh 11 be subject to special permits approved by Cit7aneasterly il. U. Bay Island. Piers willmitted to extend to the U. S. Pierhead Line on the west, northerly sides of the Islan Piers will not be permitted on the norof the channel south,of ay Island. V. Balboa Island. All newshall be subject to special ermits approved by the City Council. evisions to existing piers will bermitted providing they do not lessen t e use of either the immediate water or and areas. 1. South Bay Front East of U. S. Bulkhead Sta. No. 256. Piers may be per- mitted to extend 16 feet channelward of the U. S. Pierhead Line. Dredg- ing around floats shall not exceed a depth of 4 feet a mean lower low water along aline 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 parallel to the bulkhead line. 3. South Bav Front from Emerald Avenue Northwesterlv to the Westerl Proloneation of the Northerlv Line of Lot 5. Block 1. Resubdivision of Section 1, Balboa Island. Piers will be permitted to extend to City pierhead line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 45 feet channelward of and parallel to the existing concrete bulkhead. 4. North Bay Front. Piers may be permitted to extend 10 feet channelward of the U. S. Pier ead Line, except where a pier line has been est blished by the City. Dredge g around floats shall not exceed a depth of 2 feet at mean lower low wat 4nealong a line 60 feet channelward of th parallel to the U. S. Bulkhead or the existing concrete bulkhead. 5. East Bay Front. Piersma be permitted to extend 10 feet' hannelward of the U. S. Pierhead Line ortherly of the northerly.li e of Park Avenue and 16 feet channelw d of the U. S. Pierhead L' e southerly of the northerly line of Par Avenue. Dredging aro floats shall not exceed a depth of 2 feet mean lower low wate along a line 60 feet channelward of and paralle to the bulkhead ne. W. Collins Isle. Piers will be permitte to extend t the U. S. Pierhead Line on the southwest and west side of Collins I e. No piers will be permitted on the north or easAe_ of llins sle. X. Harbor Island. Piers will betted to a tend to the U. S. Pierhead Line. Special permits approvCity Co i1 will be required for piers northeasterly of Lots 116 an 3 Y. Lido Isle. Piers may be permto tend ou to the U. S. Pierhead Line, except on the westerly et een U. S. B lkhead Sta. No. 172 and No. 174. Piers may be peto extend 20 eet beyond the U. S. Pierhead Line between U. S. Bd Sta. No. 172 an No. 174. 1. Piers and floats will notrmitted in the beac area along the northerly side of Lido Isween the easterly li of Lot 849 and the westernly line of Lot 2. Piers and floats will rot be permitted in the beach areX along the southerly side of Lid Isle between the easterly line of Lot 919 and the westerly lin of Lot 457. Z. Linda Isle. Piers or Yoat slips will be permitted to extend tohe pier - head lines as shown o Harbor Lines Map approved by City Council d on file in the Public W rks 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 -13- 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. t 25. SIGNS A. No signs shall be permitted beyond the bulkhead lines with the exception of the following: 1. Informational and directional signs of service to the public such as fuel, gasoline, live bait, ice, beer and similar signs which in general list services and commodities but do not advertise a specific brand. 2. Brand name signs which are customarily a part of a fuel pump or a vend- ing machine installation. B. No sign permitted bey o d the bulkhead lines shall exceed 4 squa a feet in total area. 26. STORAGE LOCKERS Storage lockers and boat boxes may a installed on shore -co ected piers and floats subject to the following limi ations: A. The over-all height shall not excee 30 inches when ocated bayward of residential property zones; B. The over-all height shall not exceed 3 inches w en located bayward of commercial -and industrial.property zones where he piers and floats are used primarily for the mooring of pleasur bo s. C. The over-all height shall not exceed 60 inc s when located on facilities bayward of commercial and industrial zone pr erty where the use is not primarily for the mooring of pleasure bo s. The over-all height shall be measured rom the de of the pier or float to the top of the storage locker. (Sec. 27 adopted as Sec. 2 of Addendum o. 1 by Resolutio 6041.) 27. RACE COMMITTEE PLATFORM Race committee platforms and instr ction platforms may be const ucted bayward of the bulkhead lines at recogniz d yacht clubs and recognized s ling schools. All work shall require prior app oval of the City Council and unle s otherwise specified shall be in conforman e with the over-all dimensions sho on City of Newport Beach Standard Draw ng No. STD -609-M, dated October 26, 19 4. 28. ENCROACHING PIERS AND FLOATS In areas where existing pi rs and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: i 1. Any change in type f existing use of the piers and floats. -14- C H-1 10/26/76 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 t/betnto3 d property, in front of which the harbor facility encroaches, shn writing of the meeting in which the new permit will be conside 29. PATIO DECKS In areas where the waterways are privately owned, and within Ppatio type decks may be cantilevered beyond the established buect to the following condition: A. The maximum project' n of patio decks encroachments bey d the bulkhead line shall be limited -Wo 5 feet. B. The minimum setbacks from a prolongations of the ide property lines shall be 5 feet. C. No float shall be permitted with 2 feet of th decks. D. No permanent structure shall be per tted on he projecting portion of the patios except: 1. Planters and benches not over 16 inc s in height. * 2. Railings not over 42 inches in hei t 'th approximately 95% open area. 30. FLOATING DRY DOCKS A. Permits for floating dry docks may a considered approval by the City Council, subject to the following onditions: 1. The location is in waters ba and of commercial, man facturing or unclassified zones. 2. The prior approval of /harbor. Permit by the Planning Commiss'on. B. Permits for floating dry dare issued for one location only. A new permit must be obtained to a floating dry dock from one location to another location within th *Amended - October 26, IA76 -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. B. That the permittee shall be responsible for all maintenance dred 'ng, in accordance with thex, profile for Promontory Bay, for e area between the bulkhea line and pierhead line as delineate by the harbor permit. 32. GRAND CANAL A. The following conditions are to be in effect and plac on each harbor permit for the Grand Canal / 1. That the permittee shall be al wed either one pier platform, or in lieu thereof, two shore moors g type appu enances per lot. Pier platforms and shore mooring shall be onstructed according to approved Standard Drawings and pecific tions issued by the Marine Department. 2. That all vessels (maximum length 18' shall be tied off to pier platform s Vessels tied to the bulkhead or/ber by the Marine Department shall 3. That the permittee shall be all shore mooring. ored in the Grand Canal tures or shore moorings. nate methods not approved ited. no moXe than one vessel per 4. That any shore mooring/byt d for the Gran Canal shall display a permit number issuedMarine Departuret.5. That each vessel tied ier platforms in he Grand Canal be anchored from the sterh a method as to p event the vessel from swinging into adjessels or across ba and prolonga-tions of private propes. B. There shall be no perms s issued for shore moorings or ser platforms fronting on alleys, av .es or other public easements t eminating on the Canal. *C. There shall be no r permits issued for shore moorings or pier plat- forms bayward of te lots at the extreme south end and north end of Grand Canal, uns approved by Council. 0 *Amended - October 26, 1976 r �3�!Jw Ntl�f.i4�t►y��%M..�kYWkMfJ�!NQ.f'F tM�. M►\v11 ..wA.,.. %�i.. .. *• ,� / �� � f, ! V MARINE DEPARTMENT October 69 1976 TO: CITY MANAGER FROM: . Marine Department SUBJECT: AMENDMENTS TO COUNCIL POLICY MANUAL - HARBOR PERMIT POLICIES (H-1) Recommendation If desired, incorporate amendments to the Harbor Permit Policies (H-1) as shown on the attached reprint of the Harbor Permit Policies. Discussion The recommended amendments to the Council Policy Manual, Section H-1 Harbor Permit Policies are shown by: (1) Cross through to represent deletions. (2) Underlining to represent additions.- Both dditions. Both the additions and the deletions in the Harbor Permit Policies are "housekeeping" in nature and reflect either changes in terminology or minor changes in method of application. Deletions The majority of the deletions are represented by removing the word "safety" from the department official name. The Marine Safety Department was officially renamed to Marine Department, by Council, in July of 1974. Section 11. Dredging (pg. 6) paragraph A. 2 is recommended to be deleted from the Council Harbor Permit Policies because all normal maintenance dredging pro- jects now require, a permit from the City of Newport Beach. Additions Section 29. Patio Decks (pg. 15) paragraph D. 2, The number 42" replaces 36" for railing heights so as to be consistent with"OSSA" requirements. r The last section of the policies, page 16, Section 32. Grand Canal was relettered and numbered to clarify this section. Paragraph 5 C is an addi tion and represents the existing practice of not issuing new permits for the end lots of the Canal Which front both the Canal and North or South Bay Front respectively, unless approved by Council. D. Harshbarger, Director Marine Department 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 made by the Federal Government in 1935-1936. 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 C. Nothing here shall prevent repairs and normal maintenance to existing harbor structures. -1- 4 D. A separate permit will be required by the Community Development -Department for any plumbing and electrical work on harbor structures. 4. GENERAL PROVISIONS FOR HARBOR PERMITS A. Acceptance of. Provisions: It is understood and agreed by the Permittee that the doing of any work under the permit shall constitute an acceptance of all the provisions. B. Permit from Other Agencies: The party or parties to:whom the permit is issued shall, whenever the same is req�irecfi by law, secure the written order or consent to any work hereunder from the U. S. Corps of Engineers or any other public body having jurisdiction, and the permit shall be suspended in operation unless and until such order or consent is obtained. C. Transferring Permit: The permit is not transferable without the written consent of the City of Newport Beach. D. Inspection: The work shall be subject to the supervision and approval of the Marine Safety 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 lights and signals, as may be prescribed by Bureau of Light Houses, Department of Commerce, shall be installed and maintained at the expense of the Permittee. Structures shall be so constructed .as not to obstruct, interfere with or prevent the free use or passage of any sidewalks, street, alley, public way or navigable channel. F. Liability for Damages: The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use or possession of said works, and in the event any claim is made against the City of Newport Beach or any department, officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from such claim. G. Revocation of Permit: The rights given under this permit are permissive only and the City of Newport Beach reserves full right, power and authority to revoke this permit at any time. In the event the Permittee fails to remove said works within the time specified, then the Marine Safety Depart- ment shall have the right to immediately remove same at the cost and expense .t 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 5aioty Department, shall be cause for the revocation of the permit. -2- W HARBOR PERMIT POLICIES Page 3 10/23/75 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. 5. ISSUING OF PERMITS A. The Marine Department without City Council approval is authorized to approve and issue new permits and revisions to existing permits that conform to the standard harbor drawings and the adopted Harbor Permit Policies. B. Prior approval of the City Council will be required before the Marine Depart- ment may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies. C. Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when: 1. The abutting upland property is a dedicated public right of way except along the Grand.Canal on Balboa Island. 2. The abutting upland property is owned by the City except around Lido Isle and Harbor Island. 3. The abutting upland property is zoned commercial. 4. Approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist. 5. The structure would affect a designated swimming area. 6. Commercial signs are to be installed. r 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 tide- lands claimed by the County. P 5 w1kil,Wu t PERMIT YU'L: CIES Page 4 - i0/2b/75 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 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 "XQ,ty Department. 6. APPLICATION FOR HARBOR PERMITS A. Applications for authority to erect structures shall be submitted to the Marine-&&f-otiy- 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 lessee of the abutting upland property. Long-term lessee shall be defined as a party having a leasehold on the property for a period greater than 5 years. C. Applications for joint ownership piers shall be signed by all fee owners or any long --term lessee of the abutting upland properties. 7. PLANS TO ACCOMPANY PERMIT APPLICATIONS A. Plans accompanying the application will form a part of the permit and must be carefully prepared in the form prescribed. B. Samples of drawing to accompany applications will be furnished by the Marine &+- ty- Department. C. Number of plans submitted shall be determined by the Marine SaLat�&-Depart- ment. epart- ment. D., Plans shall include the following:' 1. Date of drawing and origin. 2. Location and dimension of proposed structure and location of existing structures on adjacent properties. 3. Location of bulkhead, pierhead, and project lines. 4. Location of U.S. Bulkhead stations. 5. Location of property lines. 6. Location of channel markers. 7. Lot sizes and lot numbers. f� i LJ.ii 1 POLICIES Page 5. 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 opera tion. 'E. Drawing size shall be 8-1/2" x 11", 11" x 22", or 21" x 31". F. Scale shall be adequate to clearly show the above information. G. Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 8. EXPIRATION OF PERMIT A. The time limit for the completion of all work authorized by a permit shall be.2 years from date of approval. B. All permits shall expire unless the work contemplated shall have been completed within the time limit specified. C. If the work contemplated has been started and diligently prosecuted but not completed in the time limit specified, a time extension may be granted by the City Council upon receipt of a written request from the Permittee. 9. BOND REQUIREMENTS If the nature of the proposed work is such that if left incomplete it will create a hazard to human life or endanger adjoining property, a cash bond or surety bond satisfactory to the City Attorney in the sum of 100 percent of the estimated cost of the work will be required to guarantee the faithful performance of the proposed work. 106 TRANSFER OF PERMITS A. Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City. B. Whenever a permittee sells the abutting upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Marine<8afety 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 gaiety 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, 5/10%76 DREDGING A. A permit for dredging will not be required when: 1. Dredging has been approved in connection with a permit for any shore -Connected structure. •2'r " � S- i-3C-i3�{3-ifl-s t r U t� t t r ca -exzeeA. -the -t1te -& i-tg• -o-r- -9-1an-i- - -o-f- -car-a g-e desi.g .,aa�cl-sax�c3r-}c�-f,3.,7 -o- -3.xr. e• a& B. .aLra. -axiyC-zay�.• B. All other dredging will require a permit from the Marine Sa-aty Department and Maybe 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. F` A. INITIAL PERMIT FEES Administrative Action $175.00 1. New Permits 250.00 Council Action $ Plus: $25.00 for each additional slip and $2.50 for each lineal foot of bulkhead, except in f the Grand Canal where new permits shall be $60.00 2. Revisions Administrative Action $ 75.00 Council Action $125.00 Plus: $25.00 for each additional slip and $2.50 for each lineal foot of bulkhead. 3. Transfers $150.00 r � 4 Dredging $ 60.00 5. For work started but not finished within the time limit specified, l a $60.00 fee will be charged for any Council request for a time extension. 6. For all transfers not applied for within 30 days from the date the abutting upland property changed ownership, an additional fee of $60.00 will be charged. a .t 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 k be required. f B. PIER REGISTRATION FEES. Annual pier registration fees are due and payable on 1 March in accordance with the following schedule: f 1. Non-commercial piers $10.00 *Amended May 100 1976 ~6" 13. STANDARD DRAWINGS 14. A. Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings. B. The following standard drawings, dated •June 1, 1964,.have (a) Not more than 10 slips or floats ---- $ 2.00 each, (b) Not more than 20 slips or floats --- $20.00 plus 2. Grand Canal - Platform and Steps Type II $1.00 for each slip or float in excess of 10. (c) More than 20 slips or floats --- $30.0.0 plus Dwg. No.•STD-604-L $.50 for each slip or float in excess of 20. 14. A. Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings. B. The following standard drawings, dated •June 1, 1964,.have been approved and are on file in the Public Works Department: 1. Grand Canal - Platform and Steps Type I Dwg. No. STD -601-L 2. Grand Canal - Platform and Steps Type II Dwg. No. STD -602-L 3. Standard Bulkhead Allowable Encroachments Dwg.:No, STD -603-L 4. Standard Residential Float West Newport Dwg. No.•STD-604-L Channels 5. Standard Residential Float without Pier Dwg. No. STD -605-L 6. Standard Residential Float with Pier Dwg.-No. STD -606-M 7. Standard Commercial'Pier and Float Install. Dwg. No. STD -607-M 8. Standard Pier Sections and Pier Details Dwg. No. STD -608-M DESIGN OF STRUCTURES A. All structures shall be sufficient strength to support the estimated or actual imposed dead and live loads without exceeding the stresses allowed in accepted engineering design for the material used, provided that no structure or part thereof shall be designed for live loads less than those specified hereinafter. B. Platforms, piers, and brow structures shall be desigped to support a minimum live load of 40 P.S.F. of horizontal projection. Float struct- ures shall be designed to sustain a minimum load of 20 P.S.F. of hori- zontal projection for buoyancy calculations and a minimum load of 30 P.S.F. of horizontal projection for stress calculations. C. All railings and railposts shall be designed to withstand a minimum horizontal force of 20 P.L.F. applied at the top of the railing. D. No reduction of the.assumed live load shall be allowed in any part of the design except that in the case of timber structures the working stress may be increased by 100% for impact only. 15. JOINT OWNERSHIP PIERS A. Permits may be granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: .1. No permits will be granted to persons other than the owners or long-term lessee of the"abutting upland properties. 2. The permit application must be signed by the fee owners or long- term lessee of all abutting upland property having access to the facility. -7- *Amended 5/27/75 uader Liles pe 11!1L aild stAa.'LJL 00-- 14C.LU Ju:LiiL.Ly i e6PW!6:LU.i.e a:01: pliance with all rules, regulations, and conditions set fort, in the permit. B. The policy for set -backs applies to joint ownership piers with the exception that the slips, floats and piers may extend over the com- mon property line. 16. BULKHEADS A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would preserve the design profile of the harbor. Any retaining or ornamental wall.installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain the waters of the harbor.and shall be processed in the same manner as if it were on the bulkhead line. The Marine 40a�e-�Ly--Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112-109 not to exceed the bayward side of the "Vacated East Bay Avenue." Concrete bulkheads and wooden retaining - wall structures proposed to be constructed bayward of the bayward most line of vacated East Bay Avenue shall be subject to City Council approval. B. Bulkheads shall be at the existing height established for the area and shall be connected to adjacent bulkheads. In cases where no adjacent bulkhead or bulkheads exist, a wing wall or wing walls shall be constructed from the bulkhead landward adequate to contain the fill behind the bulkhead. No solid or masonry structure shall be constructed on a bulkhead. C. The height and design of all bulkheads and wing walls shall be subject to j the design and construction standards of the Public Works Department. D. All bulkhead permits may be subject to a detailed construction drawing being approved by the Public Works Department: Drawings signed by a Civil or Structural Engineer may be required and shall clearly show the following: 1) 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, Reference may be made to City Standard Drawings for typical slab and cop- ing details. F. The bulkhead shall not be used to support any structure on the abutting upland property unless the bulkhead has been properly designed to carry the additional loads. G, In areas where there is exist,,.rtg development and it is of direct benefit to the City to have a bulkhead constructed, the City may contribute 1/3 of the cost of constructing a bulkhead across street ends. H. All private bulkheads constructed along street right of way lines shall conform to the City Standard Drawings for a concrete bulkhead. -8- 17. PARKING REQUIREMENTS 1�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 floating dry docks, at least 2 off-street parking stalls shall be pro- vided exclusively for each dry dock. D. All parking shall conform -to the City of Newport Beach off-street parking standards 18. SAFETY REQUIREMENTS A. All commercially operated boat docking facilities shall be equipped with fire fighting facilities as specified by the Fire Chief of the City of Newport Beach. ; B. Any electrical service upon any pier, dock or float shall be installed under a permit obtained from the City of Newport Beach Community Develop- ment Department. C. Any domestic water service upon any pier, dock, or float shall be installed under a permit obtained from the City of Newport Beach Community Development Department. D. All commercial piers, floats or docks used for the loading of passengers, shall be lighted in such a manner as to provide an illumination level of 0.5 -foot candles for all areas used for the loading of such passengers. 19. SANITARY REQUIREMENTS A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit or the required restrooms serving such pier, dock or float, has been installed and approved by the City Building Inspector. The use of a pier, dock or float will not be allowed until restroom facilities are completed and in operatinn. B. All public or private commercially operated shore -connected boat anchor- ages shall have a minimum of 2 restroom facilities, one for women and one for men, for each 20 boat slips or boat berths available in the anchorage area. The minimum walking distance from the furthest boat berth to the restroom facility shall not exceed 400 feet. C.. Sewage Pumping Facilities Permission may be granted to`install and operate sewage pumping facilities for boats moored to shore -connected structures providing such installations are first approved by the Marine-Sa-fet-y- Department . In requesting approval, the following information must be submitted in letter form to the Marine-S.a£ety. Department: 1. The name and address of the -person responsible for the installation, -9_ 2. The name and address of the manufacturer of all pumping equipment; 3. A complete description of the materials and the pumping equipment to be used; 4. An 8-1/2 x 11, or larger, sketch clearly showing the location of the sewage discharge lines, the connection to the sewer system, and the .area to be served. 20. SET BACKS A. All piers and floats for residential properties shall be set back a minimum of 5 feet from the projection of the property line. B. All piers and floats for commercial properties may extend to the projection of the property line. C. The projection of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable set backs for piers and floats. Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoin- ing properties, Council approval will be required in areas where precise projections of the property line have not been determined and the following conditions exist: 1. Where property lines are not approximately perpendicular to the bulk- head line.' 2. Where curves or angles exist in the bulkhead line. 3. Where bridges, topography, street ends or publicly -owned facilities adjoin the property. 21 MOORINGS A. Boats moored at private or public docks shall not extend beyond the pro- jection of the property lines of the property to which the dock facility is connected in accordance with Section 20-C. B.. Any boat moored at*a pier, dock, -or float shall not extend bayward a dis- tance of more than the width of its beam beyond.the pier, dock or float. 22. BALBOA ISLAND No new, non-commercial piers on Balboa Island shall be recommended unless it is in the public interest or unless it is at such a location that it is not usable for swimming or:bathing. Piers presently in use may be repaired -but recommendations for any additions or remodeling shall be restricted.�to such changes that do not lessen the use of either the immediate water or land areas. i -10- f 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 -e-t-y Department. 23. BAYWARD LOCATION OF PIERS AND FLOATS* I A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend .out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section. B. U. S. Bulkhead Sta. No. 109 to No. 110 Piers may be permitted to extend 16 feet channelward of the U. S. Pierhead Line. C. U. S. Bulkhead Sta. No. 110 to No. 112 Piers will be permitted to extend out to the U. S. Pierhead Line. D. U. S. Bulkhead Sta. No. 112 to No. 113 Piers will be permitted to extend out to the U. S. Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special permits approved by City Council. j E. U. S. Bulkhead Sta. No. 113 to No. 114 Piers shall be subject to a special permit approved by City Council. F. U. S. Bulkhead Sta. No. 114 to No. 119 Piers will be permitted to extend to the U. S. Pierhead Line. G. U. S. Bulkhead Sta. No. 119 to No. 120 Piers may be permitted to extend 20 feet beyond the U. S. Pierhead Line. H. U. S. Bulkhead Sta. No. 120 to No .221 Piers may be permitted to extend 20 feet beyond the U. S. Pierhead Line. I. The Rhine. Special permits approved by City Council shall be required for construction of piers in the Rhine, extending northerly from U. S. Bulkhead Sta. No. 120. J, U. S. Bulkhead Sta. No. 222to No. 125 Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line. K. West Newport Channels Piers may be permitted in the Rivo Alto, the Rialto, and the channel lying westerly of Newport Boulevard. Piers, slips, and floats will be permitted to extend channelward a distance of 30 feet maximum from the channel lines in the Rivo Alto, the Rialto, and the channel lying westerly of Newport Boulevard. Property extending to the ordinary high tide line, -with a frontage exceeding thirty (30) feet will be allowed 1 foot increase in float width parallel to the Pierhead Line, for each additional 2-1/2 feet of frontage. *Based on Harbor Regulations adopted by City Council on December 15, 1941. -11- The piers, slips and floats in Balboa Coves shall not extend into -L.10- channel a distance greater than 30 feet from north line of channel shown on Tract 1011. Floats up to 20 feet in len-th 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 (d) added by Resolution 6139.) L. U. S. Bulkhead Sta. No. 226 to No. 227.. Piers or.'.bodt slips.will be permitted to extend to the U. S. Pierhead Line. M. U. S. Bulkhead Sta. No. 227 to.No. 128. Piers or boat slips will be permitted to extend to the bulkhead line. N. U. S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to extend to the U. S. Pierhead Line. 0. U. S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to extend 20 feet channelward.of the U. S.. Pierhead Line. P. Upper Bay.. Piers or boat slips may be permitted to extend to the Pier - head lines as shown on Harbor Lines Map for Dover Shores approved by City. Council and on file in the Public Works Department. A1.1 other piers or boat slips shall .be subject to approval by the City Council. Q. U. S. Bulkhead Sta. No. 132 to No. 137.. Pier or boat slips will be per- mitted to extend to the U. S. Pierhead Live. R. U.. S. Bulkhead Sta. No. 137 to east_propeyrty line of Beacon Bay Sub- division. Piers shall be granted under special permits approved by City Counci l to extend -16 - feet beyond the U. S. Pierhead Line. .'S. East Property Line of Beacon Bay Subdivision to U. S. Bulkhead Sta. No. 104. Piers may be permitted to extend 20 feet channelward of the U. S.. Pierhead Line. T. U. S. Bulkhead Sta. No. 104 to No.. 106. Piers shall be subject to special permits approved by City Council. ...U. Bay Island. Piers will be permitted to extend to the U. S. Pierhead Line on the west, northerly and easterly s:i.de of the Island. Piers will not be permitted on the north side of the channel south of Bay Island. V.. Bal boa .Isl and. All new piers shall be. s.ub ject 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 . i.mmedi ate water -or land areas. 1. South Bay.Front East of U. S. Bulkhead Sta.. No. 256. Piers may be per- mitted to extend 16 feet channelward of the U.- S.: Pierhead Line. Dredg- ing redging around fl oats 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- 2. South Bay Front between U. S. Bulkhead Sta. No. 256 and 259. Piers may be permitted to extend 10 feet channelward of the U. S. Pierhead Line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead line. 3. South Bay Front from Emerald Avenue Northwesterly to the Westerl Prolongation of the Northerly Line of Lot 5, Block 1, Resubdivision of Section 1, Balboa Island. Piers will be permitted to extend to City pierhead line. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 45 feet channelward of and parallel to the existing concrete bulkhead. 4. North Bay Front. Piers may be permitted to extend 10 feet channelward of the U. S. Pierhead Line, except where a pier line has been established by the City. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet channelward of the parallel to the U. S. Bulkhead Line or the existing concrete bulkhead. 5. East Bay Front. Piers may be permitted to extend 10 feet channelward of the U. S. Pierhead Line northerly of the northerly line of Park Avenue and 16 feet channelward of the U. S. Pierhead Line southerly of the northerly line of Park Avenue. Dredging around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet channelward of and parallel to the bulkhead line. W. Collins Isle. Piers will be permitted to extend to the U. S. Pierhead Line on the southwest and west side of Collins Isle. No piers will be permitted on the north or east side of Collins Isle. X. Harbor Island. Piers will be permitted to extend to the U. S. Pierhead. Line. Special permits approved by City Council will be required for piers northeasterly of Lots 14, 15, 16 and 36. Y. Lido Isle. Piers may be permitted to extend out to the U. S. Pierhead Line, except on the westerly side between U. S. Bulkhead Sta. No. 172 and No. 174. Piers may be permitted to extend 20 feet beyond the U. S. Pierhead Line between U. S. Bulkhead Sta. No. 172 and No. 174. 1. Piers and floats will not be permitted in the beach area along the northerly side of Lido Isle between the easterly line of Lot 849 and the westernly line of Lot 493. 2. Piers and floats will not be permitted in the beach area along the southerly side of Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457, Z. Linda Isle. Piers or boat slips will be permitted to extend to the pier - head lines as shown on Harbor Lines Map approved by City Council and on file in the Public Works Department. 24. EXCEPTIONS The City Council may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions -13- affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City. 25. SIGNS A. No signs shall be permitted beyond the bulkhead lines with the exception of the following: 1. Informational and directional signs of service to the public such as fuel, gasoline, live bait, ice, beer and similar signs which in general list services and commodities but do not advertise a specific brand. 2. Brand name signs which are customarily a part of a fuel pump or a vend- ing machine installation. B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area. 26. STORAGE LOCKERS Storage lockers and boat boxes may be installed on piers and, floats subject to the following limitations: A. The over-all height shall not exceed 30 inches when located bayward of residential property zones; B. The over-all height shall not exceed 30 inches when located bayward of commercial and industrial property zones where the piers and floats are used primarily for the mooring of pleasure boats. C. The over-all height shall not exceed 60 inches when located on facilities bayward of commercial and industrial zoned property where the use is not primarily for the mooring of pleasure boats. The over-all height shall be measured from the deck of the pier or float to the top of the storage locker. (Sec. 27 adopted as Sec. 2 of Addendum No. 1 by Resolution 6041.) 27. RACE COMMITTEE PLATFORM Race committee platforms and instruction platforms may be constructed bayward of the bulkhead lines at recognized yacht clubs and recognized sailing schools. All work shall require prior approval of the City Council and unless otherwise specified shall be in conformance with the over-all dimensions shown on City of Newport Beach Standard Drawing No. STD -609-M, dated October 26, 1964. 28. ENCROACHING PIERS AND FLOATS In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 1. Any change in type of existing use of the piers and floats. -14- 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. 29. PATIO DIsCKS In areas where the waterways are privately owned, and within Promontory Bay, * patio type decks maybe cantilevered beyond the established bulkhead lines subject to the following condition: - A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet. C. No float shall -be permitted within 2 feet of the decks. D. No permanent structure shall be permitted on,the projecting portion of the patios except: 1. PlanterK and benches not over 16 inches in height. 2. Railings not over 42"=*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. S * Amended December 17, 1973 Reaflirme,.i -- ��uvc���bcr 11, 1974 31.' PROMONTORY BAY H--1 12/8/75 The following -conditions are to be placed on each harbor permit when approved: A. That the permittee shall be responsible and maintain the area delineated on'the harbor permit free and clear from floating rubbish, debris"or litter at all times. B. That the permittee shall be responsible for all maintenance dredging, in accordance with the design profile for Promontory Bay, for the area between the bulkhead line and pierhead line as -delineated by the harbor permit. 32. GRAND CANAL 'A.;The following conditions are to be in effect and placed on each harbor --7"permit for the Grand Canal: I, That the permittee shall be allowed either one pier platform, or j in lieu thereof, two shore mooring type appurtenances per lot. Pier platforms and shore moorings shall be constructed according to approved Standard Drawings and Specifications issued by the Marine Department. �L That all vessels (maximum length 181) moored in the Grand Canal shall be tied off to pier platform structures or shore moorings. Vessels tied to the bulkhead or by alternate methods not approved by the Marine Department shall be prohibited. 3, That the permittee shall be allowed no more than one vessel per shore mooring. �4= That any shore mooring approved for the Grand Canal shall display a permit number issued by the Marine Department. 5. That each vessel tied to any pier platforms in the Grand Canal be anchored from the stern.in such a method as to prevent the vessel from swining into adjoining vessels or across bayward prolonga- tions of private property lines. B. There shall be no permits issued for shore moorings or pier platforms fronting on alleys, avenues or other public easements terminating on the Canal. C: -There shall be no new permits issued for shore moorings or pier.plat- forms.bayward of those lots at the extreme south end and north end of Grand Canal, unless approved -by Council. -16-