HomeMy WebLinkAbout(2004, 04/13) - H-1 - AmendedH -1
HARBOR PERMIT POLICY
HARBOR INSTALLATIONS GENERALLY
A. Shore connected piers and floats bayward of residential zoned areas shall be
controlled by the Harbor Permittee. Vessels moored at residential piers shall not
create a nuisance with regard to vehicle parking, vessel waste, liveaboards, or
noise disturbances to adjoining residents.
B. Shore connected piers and floats bayward of commercial -zoned areas may be
rented.
C. Only piers, floats, certain patio decks and their appurtenances shall be permitted
bayward of the bulkhead.
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.
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, typically shall define the limit for pier and
float -type structures.
E. The "Project Lines" shall define the channel lines of the improvements and by the
Federal Government in 1935 -36.
F. The term "Liveaboard" shall mean the use or occupancy of a vessel for living
quarters either permanently or on a temporary basis for a period exceeding 72
hours.
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G. The term "Standard Drawings" refers to Standard Drawings adopted by the City
of Newport Beach as minimum standards of construction whenever harbor
permits are required.
H. The term "Design Criteria" refers to Design Criteria adopted by the City of
Newport Beach as minimum standards for design whenever harbor permits are
required.
1. The term "Mean Low Low Water" is abbreviated, M.L.L.W., and refers to the
lowest tide of the daily two -tide cycle.
J. The term "Harbor Structures' refers to any pier float, 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 of Newport Beach.
K. The term "Harbor Permittee" refers to upland property owner or long term
lessee immediately adjacent to water in whose name the Harbor Permit is issued.
PERMITS REQUIRED FOR HARBOR STRUCTURES •
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 in said waters or ocean, without first obtaining a written "Building
Permit" to do so from the City's Building Department.
B. The Orange County District may do construction work or fill or dredge within
Newport Harbor, or cause the same to be done, without such a permit so long as
such work is done pursuant to a harbor development plan on lands not owned
by the City or pursuant to a request therefore by the City Council.
C. A separate permit will be required by the Harbor Resources Division for
dredging.
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GENERAL PROVISIONS FOR PERMITS FOR HARBOR STRUCTURES
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
applicable provisions of Municipal Code and City Council Harbor Permit
Policies.
B. Permit from Other Agencies. The party or parties to whom the permit is issued
shall, whenever the same is required by law, secure the written order or consent
to any work hereunder from the U.S. Corps of Engineers, California Coastal
Zone Commission, or any other public body having jurisdiction, and the permit
shall be suspended in operation unless and until such order or consent is
obtained.
C. Transferring Permit. The permit is not transferable without the written consent
of the City of Newport Beach.
D. Inspection. Inspection shall be done by the Building Department for conformity
with the Uniform Building Code, design criteria and standard drawings for
Harbor construction.
E. Protection of Traffic. Adequate provisions shall be made for the protection of the
traveling public. Barricades shall be placed on streets with lights at night, also
flagmen employed, all as may be required by the particular work in progress.
The Permittee shall not attempt to forbid the full and free use by the public of all
navigable waters at or adjacent to the work or structure. If the display of lights
and signals on any work hereby authorized is not otherwise provided by law,
such as lights and signals, as may be prescribed by Bureau of Light Houses,
Department of Commerce, shall be installed and maintained at the expense of the
Permittee.
Structures shall be so constructed as not to obstruct, interfere with or prevent the
free use of adjacent harbor structures 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
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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 Harbor Resources Division shall have the
right to immediately remove same at the cost and expense of the Permittee.
H. Repairs. The Permittee shall keep the structures in good repair at all times.
Failure to repair, when written notice has been given by the Harbor Resources
Division, shall be cause for the revocation of the permit.
Pollution Control. The Permittee shall maintain the area delineated on the
harbor permit free and clear from beached or floating rubbish, debris or litter at
all times. Adequate safeguards shall be maintained by the Permittee to avert any
other type of pollution of Newport Harbor from recreational and /or commercial
use of the tidelands. Failure to comply with the provisions of this section shall be
cause, after written notice has been given to the Permittee by the City, for the •
revocation of the permit. When unusual circumstances arise with respect to the
collection of debris or litter, the City Manager may authorize by the use of City
forces or by contract the removal of said debris.
J. Rights to Impose Rental or Other Charges. The approval of the foregoing permit
by the City of Newport Beach shall not constitute a waiver of any rights which it
may now have or hereafter have to impose rental or other charges in conjunction
with the maintenance of the proposed facility and user of the same. The
imposing of tidelands rental, or use, fees shall not be extended to include private
residential piers and slips, constructed and used solely by the abutting uplands
owner for recreational purposes, unless otherwise directed by State mandate.
K. In those areas of the harbor where the piers and floats are bayward of residential
zoned areas, liveaboards shall not be permitted.
L. Special Event Permits. If a Harbor Permittee proposes a use of the harbor
installation, other than that allowed by the Newport Beach Municipal Code or
the Council Harbor Permit Policy, he /she must first obtain a "Special Event
Permit" as provided by Section 510 of the Newport Beach Municipal Code. Upon
issuance of the Special Event Permit, the City of Newport Beach may impose •
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conditions on the permit to assure that the proposed use does not affect the
health, safety or welfare of the residents of Newport Beach.
ISSUING OF PERMITS FOR HARBOR STRUCTURES
A. The Building Department 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 Policy in conjunction with plan reviews by the
Harbor Resources Division.
B. Prior approval, when applicable, from the California Coastal Commission
and /or the U.S. Corps of Engineers will be required before issuing any permit.
Application to the California Coastal Commission and /or the U.S. Corps of
Engineers may be made on forms provided by those agencies.
C. Prior approval of Orange County will be required when work extends over
tidelands claimed by the County.
D. Before issuing a Permit for any work on oceanfront beaches or 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 property owners or long
term lessees within 300' of the proposed work shall be notified in writing by the
Harbor Resources Division of the pending application. Notice will be sent ten
10) days prior to a decision by the Harbor Resources Division, and after the
Department has rendered a decision. The permit shall not be issued until the
appeal period provided in Newport Beach Municipal Code
Chapter 17.24 has run.
E. Painting, replacement of rub -rails and work considered cosmetic in nature does
not require a permit.
F. Prior to the issuance of a permit, the applicant will show proof of insurance
coverage as required by the Longshoremen's and Harbor Worker's
Compensation Act.
APPLICATION FOR HARBOR PERMITS FOR HARBOR STRUCTURES
A. Applications for authority to erect, revise and do maintenance work on
structures shall be submitted to the Building Department upon forms provided
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therefore. 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 Harbor Permittee or his authorized agent.
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 in the Building Department.
B. Number of plans submitted shall be determined by the Building Department,
depending on the nature of the work.
EXPIRATION OF PERMIT
A. The time limit for the completion of all work authorized by a permit shall be 180
days 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
Building Department upon receipt of a written request from the Permittee.
BOND REQUIREMENTS
If the nature of the proposed work is such that if left incomplete it will create a hazard
to human life or endanger adjoining property, a cash bond or surety bond satisfactory
to the City Attorney in the sum of 100 percent of the estimated cost of the work will be
required to guarantee the faithful performance of the proposed work.
TRANSFER OF ANNUAL HARBOR 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 •
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from the Harbor Resources Division. 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 Harbor Resources Division is authorized to approve transfers to the new
owners or long -term lessee of the abutting upland property.
D. Prior to the transfer of a Harbor Permit, all harbor structures shall be inspected
for compliance with the City's minimum plumbing, electrical and structural
requirements, and the conditions of the existing permit. All structural
deficiencies must be corrected prior to the transfer of the permit. A fee will be
charged for this inspection, established by Resolution of the City Council.
DREDGING
A. All dredging will require a permit from the Harbor Resources Division and may
be subject to engineering approval by the Public Works Department.
B. Major dredging outside the established harbor lines will require prior approval
by the Harbor Resources Division and the U.S. Corps of Engineers.
C. Maintenance dredging bayward of residential and commercial property shall be
the responsibility of the Harbor Permittee for the zone delineated by the
bayward prolongations of upland side property lines and the U.S. Project line.
FEES
A. INITIAL PERMIT FEES
The Harbor Resources Division may charge the fees identified in the Master Fee
Schedule for initial permits and for pier fees. Initial permit fees do not include
Building Department fees, but they do include Public Works Department fees.
B. PIER FEES
Non - commercial pier permit fees are due and payable on the schedule
established by the Administrative Services Director in accordance with the
amount identified in the Master Fee Schedule.
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All commercial piers over City Tide and Submerged Lands will be billed
annually as follows:
1. Permittees having commercial piers over City Tide and Submerged Lands
shall pay an annual rent identified in the Master Fee Schedule for each
square foot on permit area (base rental).
2. Annual rent shall be paid on or before March 1.
3. The Base Rental shall be adjusted annually to reflect the increase or
decrease in Consumer Price Index (CPI) for each twelve month period.
The CPI (all urban consumers, all items) for the Los Angeles -Long
Beach - Anaheim, California area as published and released by the Bureau
of Statistics for the U.S. Department of Labor shall be the index utilized for
calculating the rental adjustment.
4. The base rental shall be recalculated every ten years pursuant to an
appraisal commissioned by the City of Newport Beach. In determining
the value of tide and submerged lands, the appraiser shall consider the
fact that commercial use of publicly owned tidelands is economically •
feasible only in conjunction with privately owned uplands.
5. All appraisals shall be conducted by an MAI appraiser(s) with
membership in the American Institute of Real Estate Appraisers and
experienced in assessing the value of tidelands.
6. The provision of this subsection shall not apply to tidelands subject to a
written lease requiring the payment of rent based on gross receipts.
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STANDARD DRAWINGS
The following Standard Drawings have been approved and are on file in the Public
Works Department:
Precast Reinforced Concrete Groin Panel
Detail For Raising Bulkheads
Grand Canal - Platform and Steps Type I
Grand Canal - Platform and Steps Type II
Single or Joint Residential Use Gangway
Single Residential Use Float Without Pier
Single Residential Use Float West Newport
Channels
Commercial Pier and Float Installation
Single Residential Use Float With Pier
Single or Joint Residential Use Pier Sections
Pile Details
Eye Bolt For Boat Anchorage
Gangway Hanger Bracket
Datum Planes
Natural Sand Profiles in Newport Harbor
DESIGN OF STRUCTURES
Dwg. No. STD -600 -L
Dwg. No. STD -601 -L
Dwg. No. STD -602 -L
Dwg. No. STD -603 -L
Dwg. No. STD -604 -L
Dwg. No. STD -605 -L
Dwg. No. STD -606 -L
Dwg. No. STD -607 -L
Dwg. No. STD -608 -L
Dwg. No. STD -609 -L
Dwg. No. STD -610 -L
Dwg. No. STD -611 -L
Dwg. No. STD -612 -L
Dwg. No. STD -613 -L
Dwg. No. STD -614 -L
A. Design of harbor structures that do not conform to the Standard Drawings
contained within "Design Criteria and Standard Drawings for Harbor
Construction," needs the approval of the Building Department prior to the
issuance of a harbor permit.
B. Harbor structures shall be designed in accordance with design criteria adopted
by the City of Newport Beach and contained within "Design Criteria and
Standard Drawings for Harbor Construction."
C. The decking of all piers and pier platforms shall not exceed an elevation of 9.0
M.L.L.W. nor be less than an elevation of 8.0 M.L.L.W.
JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the prolongation of common
lot lines subject to the following conditions:
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1. No permits will be granted to persons other than the owners or long -term
lessee of the abutting upland properties.
2. The permit application must be signed by the fee owners or long -term
lessee of all abutting upland property having access to the facility.
3. The permit shall provide that all parties shall have equal rights under the
permit and shall be held jointly responsible for compliance with all rules,
regulations, and conditions set forth in the permit.
B. The policy for setbacks applies to joint ownership piers with the exception that
the slips, floats and piers may extend over the common property line.
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 Harbor Resources Division 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." U.S. Bulkhead Station 104 for the addresses at 2209,
2223, 2227, 2231 and 2233 Bayside Drive: Staff recommendation for a bulkhead at
these properties shall not exceed a point bayward of the average high tide line
established at a point 40 feet landward of the face of the bulkhead at the property
at 2137 Bayside Drive, and then on a straight line from that point to the bayward
most point of the bulkhead at the property at 2301 Bayside Drive.
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 constructed
from the bulkhead landward adequate to contain the fill behind the bulkhead.
No solid or masonry structure shall be constructed on a bulkhead.
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C. The height and design of all bulkheads and wing walls shall be subject to the
design and construction standards of the Building Department.
D. All bulkhead permits may be subject to a detailed construction drawing being
approved by the Building Department. Drawings signed by a Civil or Structural
Engineer may be required.
E. The bulkhead shall not be used to support any structure on the abutting upland
property unless the bulkhead has been properly designed to carry the additional
loads.
F. In areas where there is existing development and it is of direct benefit to the City
to have a bulkhead constructed, the City may contribute 1/3 of the cost of
constructing a bulkhead across street ends.
PARKING REQUIREMENTS
A. All commercially operated boat docking facilities shall provide 0.75 parking
stalls for each single boat slip and 0.75 parking stalls for each 25 feet of available
mooring space not classified as a slip.
B. For dry boat storage areas, 0.33 parking stalls shall be provided for each storage
space available.
C. For floating dry docks, at least two (2) off - street parking stalls shall be provided
exclusively for each dry dock.
D. All parking shall conform to the City of Newport Beach off - street parking
standards.
E. Commercial Activities Permits
On -site Parking
a. On -site parking shall be provided as follows:
Charter vessels: one parking space for each three occupants,
including crewmembers;
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ii. Sport fishing vessels: one parking space for each two
occupants, including crewmembers.
b. Said on -site parking shall be provided on the adjoining upland
property. If adequate parking is not available on -site, all or a
portion of the required parking spaces may be provided at an off -
site location, subject to the approval of the Assistant City Manager
and the Planning Director. The use of an off -site lot shall not be
approved unless:
i. Such is so located as to be useful in connection with the use
of the vessel.
ii. Parking on such lot will not create undue traffic hazards in
the surrounding area.
iii. Such lot and the adjoining upland property are in the same
ownership and the owner is entitled to the immediate
possession and use thereof. Ownership of the off -site lot is
defined as ownership in fee or a leasehold interest of a •
duration adequate to serve the proposed commercial
activity.
C. When a vessel will not offer services to the general public, all or a
portion of the required parking may be provided at a remote off -
site location, if transportation is provided from the off -site parking
location to the site where the vessel is moored. Parking for the
shuttle vehicles must be provided near the site where the vessel is
moored unless said vehicles will be stored at the remote off -site
location at all times when not in use.
d. If the use of the off -site parking location is approved, the owner(s)
and the City shall execute a written instrument (the form and
content of which is acceptable to the City Attorney) providing for
the maintenance of the required parking spaces on such lot for the
duration of the commercial activity. Said instrument shall be
recorded in the office of the County Recorder prior to issuance of a
Commercial Harbor Activities Permit, and copies thereof shall be
filed with the Harbor Resources Division.
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SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be equipped with fire
fighting facilities as specified by the Fire Chief of the City of Newport Beach.
B. Any electrical service upon any pier, dock or float shall be installed under a
permit obtained from the City of Newport Beach Building Department.
C. Any domestic water service upon any pier, dock, or float shall be installed under
a permit obtained from the City of Newport Beach Building Department.
D. All commercial piers, floats or docks used for the loading of passengers, shall be
lighted in such a manner as to provide an illumination level of 0.5 -foot candles
for all areas used for the loading of such passengers.
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
isbeen installed and approved by the City Building Inspector. The use of a pier,
dock or float will not be allowed until restroom facilities are completed and in
operation.
B. All public or private commercially operated shore - connected boat anchorages
shall have a minimum of two restroom facilities, one for women and one for
men, for each 20 boat slips or boat berths available in the anchorage area. The
minimum walking distance from the farthest boat berth to the restroom facility
shall not exceed 400 feet.
C. Sewage Pumping Facilities.
Permission may be granted to install and operate sewage pumping facilities for
boats moored to shore - connected structures providing such installations are first
approved by the Harbor Resources Division.
In requesting approval, the following information must be submitted in
letterform to the Harbor Resources Division:
1. The name and address of the person responsible for the installation;
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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 S" 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.
SETBACKS
A. All piers and floats for residential properties shall be set back a minimum of five
feet from the projection of the property line.
B. All piers and floats for commercial properties may extend to the projection of the
property line.
C. The projection of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable setbacks for piers
and floats. Because there are certain physical conditions which preclude the •
strict application of this policy without prejudice to adjoining properties, special
consideration will be given to areas where precise projections of the property line
have not been determined and the following conditions exist:
1. Where property lines are not approximately perpendicular to the
bulkhead line.
2. Where curves or angles exist in the bulkhead line.
3. Where bridges, topography, street ends or publicly owned facilities adjoin
the property.
MOORINGS
A. Boats moored at private or public docks shall not extend beyond the projection
of the property lines of the property to which the dock facility is connected in
accordance with Section 20 -C.
B. Any boat moored at a pier, dock, or float shall not extend bayward a distance of
more than the width of its beam beyond the pier, dock or float. Between •
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bulkhead station 256, beginning at Collins Avenue to bulkhead station 255, boats
moored at a pier dock or float shall not extend more than 15' bayward from the
end of the pier dock or float or more than the width of the beam of the boat,
whichever is less.
C. Mooring Fees for both onshore and offshore moorings shall be set annually by
Resolution of the City Council.
BALBOA ISLAND
A. No new, non - commercial piers on Balboa Island shall be approved unless in the
public interest. New non - commercial piers, if approved, shall be constructed in
strict conformance with this Policy and standard drawings. Piers presently
permitted may be maintained and repaired upon securing a maintenance permit.
Any revision of an existing pier or float shall be in strict conformance with this
Policy and shall not be approved if the addition or revision would, in
comparison to the existing structure, further restrict or impair the public's use of
the bay or beach in the vicinity of the pier or floats.
B. Revision to existing structures shall be limited to the following:
1. The overall square footage of the revised structure shall be equal to or less
than the square footage of the permitted structure;
2. The revised stricture does not extend landward more than the permitted
structure;
3. The revised structure does not extend beyond the City permit line (the
U.S. Pierhead line or such other bayward extension of the permit area that
is permitted by this Policy; and
4. The revised structure is wholly within the original permitted area as
specified in the existing permit on file with the City.
C. Whenever any application to install a new, non - commercial pier or revise an
existing pier is submitted to the Harbor Commission all property owners
according to the latest equalized assessment roll prepared by the County of
Orange and available to the City) within 300 feet of the exterior boundaries of the
parcel for which the application is submitted shall be notified in writing by the
Harbor Resources Division of the pending application. The applicant shall
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provide the Harbor Commission with a list of property owners and envelopes
addressed with postage prepaid.
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.
B. U.S. Bulkhead Sta. No. 109 to No. 110. Piers may be permitted to extend 16 feet
channelward of the U.S. Pierhead Line.
C. U.S. Bulkhead Sta. No. 110 to 112. Piers will be permitted to extend out to the
U.S. Pierhead Line.
D. U.S. Bulkhead Sta. No. 112 to No. 113. Piers will be permitted to extend out to
the U.S. Pierhead Line. Commercial piers between "A" Street and Adams Street
will be subject to special permits approved by Harbor Commission.
E. U.S. Bulkhead Sta. No. 113 to 114. Piers shall be subject to a special permit
approved by the Harbor Resources Division. •
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 the Harbor Resources Division shall be
required for construction of piers in the Rhine, extending northerly from U.S.
Bulkhead Sta. No. 120.
J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be permitted to
extend 20 feet channelward of the U.S. Pierhead Line.
Based on Harbor Regulations adopted by the City Council on December 15, 1941.
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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 feet frontage.
The piers, slips and floats in Balboa Coves shall not extend into the channel a
distance greater than 30 feet from north line of channel shown on Tract 1011.
Floats. Up to 20 feet in length may extend into the bay the 30 feet from the said
line of waterway; however, for floats over 20 feet in length, the 30 feet distance
shall be reduced 1 -foot for each 2 feet added to the length of the float. The
maximum permissible length of float shall be 30 feet. (Second paragraph of
Sec. 23 (k) added by Resolution No. 6139.)
L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to
extend to the U.S. Pierhead line.
M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be permitted to extend
to the bulkhead line.
N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to
extend to the U.S. Pierhead line.
O. U.S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to
extend 20 feet channelward of the U.S. Pierhead Line.
P. Upper Bay. Piers or boat slips may be permitted to extend to the pierhead lines
as shown on Harbor Lines Map approved by City Council and on file in the
Public Works Department.
Q. U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be permitted to
extend to the U.S. Pierhead Line.
R. U.S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Subdivision. Piers
shall be granted under special permits approved by the Harbor Resources
Division to extend 16 feet beyond the U.S. Pierhead Line.
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S. East Property Line of Beacon Bay Subdivision to U.S. Bulkhead Sta. No. 104.
Piers may be permitted to extend 20 feet channelward of the U.S. Pierhead Line.
T. U.S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special permits
approved by the Harbor Commission.
U. Bay Island. Piers will be permitted to extend to the U.S. Pierhead Line on the
west, northerly and easterly sides of the Island. Piers will not be permitted on
the north side of the channel south of Bay Island.
V. Balboa Island. All new piers and revision to existing permits shall be subject to
special permits approved by the Harbor Commission. Revisions to existing piers
will be permitted providing they do not lessen the use of either the immediate
water or land areas.
1. South Bay Front East of U.S. Bulkhead Sta. No. 256. Piers may be
permitted to extend 16 feet channelward of the U.S. Pierhead Line.
Dredging around floats shall not exceed a depth of minus 4 feet at mean
lower low water along a line 85 feet channelward of and parallel to the
bulkhead line. •
2. South Bav Front between U.S. Bulkhead Sta. No. 256 and No. 259. Piers
may be permitted to extend 10 feet channelward of the U.S. Pierhead Line.
Dredging around floats shall not exceed a depth of minus 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 Northwesterly to the Westerl
Prolongation of the Northerly Line of Lot 5, Block 1 Resubdivision of
Section 1, and 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 minus 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.
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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
minus 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 the Harbor Commission will be required for piers
northeasterly of Lots 14,15,16 and 36.
Y. Lido Isle. Piers may be permitted to extend out to the U.S. Pierhead Line, except
on the westerly side between U.S. Bulkhead Sta. No. 172 and No. 174. Piers may
be permitted to extend 20 feet beyond the U.S. Pierhead Line between U.S.
Bulkhead Sta. No. 172 and 174.
1. Piers and floats will not be permitted in the beach area along the northerly
side of Lido Isle between the easterly line of Lot 849 and the westerly line
of Lot 493.
2. Piers and floats will not be permitted in the beach area along the southerly
side of Lido Isle between the easterly line of Lot 919 and the westerly line
of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the pierhead lines as
shown on Harbor Lines Map approved by City Council and on file in the Public
Works Department.
EXCEPTIONS
Exceptions may be approved by the Harbor Commission to any of the requirements
and regulations set forth if there are special circumstances or conditions affecting the
harbor installations that would impose undue hardship on the applicant, or a
waterfront property owner's access to the water is impacted by a public works project,
or if it would be detrimental to the best interest of the City.
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SIGNS
A. No signs shall be permitted beyond the bulkhead lines with the exception of the
following:
1. Informational and directional signs of service to the public such as fuel,
gasoline, live bait, ice, beer and similar signs which in general list services
and commodities but do not advertise a specific brand.
2. Brand name signs which are customarily a part of a fuel pump or a
vending machine installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total
area.
STORAGE LOCKERS
Storage lockers and boat boxes may be installed on shore - connected piers and floats
subject to the following limitations:
A. The overall height shall not exceed 30 inches when located bayward of •
residential property zones.
B. The overall height shall not exceed 30 inches when located bayward of
commercial and industrial property zones where the piers and floats are used
primarily for the mooring of pleasure boats.
C. The overall height shall not exceed 60 inches when located on facilities bayward
of commercial and industrial zoned property where the use is not primarily for
the mooring of pleasure boats.
The overall height shall be measured from the deck of the pier or float to the top
of the storage locker.
Sec. 26 adopted as Sec. 2 of Addendum No. 1 by Resolution No. 6041.)
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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 issuance of a Harbor Permit.
ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting upland property
owned by others, a new permit approved by the Harbor Commission, shall be required
upon:
A. Any change in type of existing use of the piers and floats.
B. Any change in type of existing use of the abutting upland property owned by the
permittee.
C. Any change of existing ownership of the abutting upland property owned by the
permittee or upon the death of the permittee.
D. 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 Harbor Commission 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.
PATIO DECKS
In areas where the waterways are privately owned, and within Promontory Bay, patio
type decks may be cantilevered beyond the established bulkhead lines subject to the
following conditions:
A. The maximum projection of patio decks encroachments beyond the bulkhead
line shall be limited to 5 feet.
B. The minimum setbacks from the prolongations of the side property lines shall be
5 feet.
C. No float shall be permitted within 2 feet of the decks.
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D. No permanent structure shall be permitted on the projecting portion of the patios
except:
1. Planters and benches not over 16 inches in height.
2. Railings not over 42 inches in height with approximately 95% open area.
FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered by the Harbor Resources
Division, 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 islocationwithintheharbor.
PROMONTORY BAY
The following conditions are to be placed on each harbor permit when approved:
A. That the permittee shall be responsible and maintain the area delineated on the
harbor permit free and clear from floating rubbish, debris or litter at all times.
B. That the permittee shall be responsible for all maintenance dredging, in
accordance with the design profile for Promontory Bay, for the area between the
bulkhead line and pierhead line as delineated by the harbor permit.
lleWWroxe1:11 k111
A. The following conditions are to be in effect and placed on each harbor permit for
the Grand Canal:
1. That the permittee shall be allowed either one pier platform, or in lieu
thereof, two shore mooring type appurtenances per lot. Pier platforms
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and shore moorings shall be constructed according to "Design Criteria and
Standard Drawings for Harbor Construction" adopted by the City of
Newport Beach.
2. That all vessels (maximum length 18 feet) moored in the Grand Canal
shall be tied off to pier platform structures or shore moorings. Floating
platforms or slips will not be allowed. Vessels tied to the bulkhead or by
alternate methods not approved by the Harbor Resources Division 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 Harbor Resources Division.
5. That each vessel tied to any pier platforms in the Grand Canal be
anchored from the stern in such a method as to prevent the vessel from
swinging into adjoining vessels or across bayward prolongations of
isprivate property lines.
B. There shall be no permits issued for shore moorings or pier platforms fronting on
alleys, avenues or other public easements terminating on the Canal.
C. There shall be no new permits issued for shore moorings or pier platforms
bayward of those lots at the extreme south end and north end of Grand Canal.
OCEAN FRONT SAND DUNES
As a result of wind, storm and tidal conditions, sand has built up in specific locations
forming sand dunes. These range from a height of a few inches to as much as five feet.
This build up can present problems for adjacent property owners in the form of
increased pressure on ornamental and retaining walls and interfering with views of the
ocean. To resolve these problems, property owners may apply for a Harbor Permit to
do excavation of beach sand directly oceanward of their property in the area bounded
by the prolongation of their side property lines.
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Reaffirmed- January 24,1994
Amended - June 27,1994
Amended - June 26,1995
Amended - March 25,1996
Amended - June 8, 1998 (effective July 22,1998)
Amended - December 14,1998
Amended - May 8, 2001
Amended - September 10, 2002
Amended - October 28, 2003
Amended - April 13, 2004
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