HomeMy WebLinkAbout13 - Council Policies H-1 and H-4ITEM 13
Page ]
TO: Mayor and City Council
FROM: Harbor Commission
SUBJECT: Revisions to Section Hof the City of Newport Council Policy Manual
RECOMMENDED
ACTION:
Approve the revisions to policies H -1 and H -4 of the City of Newport Beach Council Policy
Manual.
BACKGROUND:
At the Council Meeting of April 23, 2002, the City Council approved the following list of tasks for
the Harbor Commission:
1. Advise the City Council in all matters pertaining to the use, control, operation,
promotion, and regulation of all vessels and watercraft within the Newport Harbor;
2. Approve, conditionally approve, or disapprove applications on all harbor permits
where the City's Municipal Code assigns authority to the Harbor Commission;
3. Serve as an appellate and reviewing body for decisions of the City Manager on
harbor permits, leases, and other harbor - related administrative matters where the
City's Municipal Code assigns authority to the Harbor Commission;
4. Advise the City Council on proposed harbor - related improvements;
5. Advise the Planning Commission and City Council on land use and property
development applications referred to the Harbor Commission by the City Council,
Planning Commission, or City Manager; and
6. Make recommendations to the City Council for the adoption of regulations and
programs necessary for the ongoing implementation of the goals, objectives, and
policies of the Harbor and Bay Element of the General Plan.
Some of those tasks and projects require revision to Section H of the City of Newport Beach
Council Policy Manual, which deals with construction and use of harbor facilities, both
residential and commercial. These could include piers, floats, patio decks, bulkheads and
dredging.
Page 2
In that regard, the Harbor Commission reviewed Section H and made those changes that are of
a housekeeping nature and those empowering the Commission to begin the above task list.
The attached Section H has those items stricken, lined through and those added, underlined.
A synopsis of those changes, especially those of a substantive nature, is listed below:
HARBOR INSTALLATIONS GENERAL (page 1 and 2:
A. We removed, `reserved for the occupants of the abutting upland property and ", because it
was unclear and vague and the purpose or meaning of the phrase is unclear.
B. The words, "be rented ", were added to clarify this section.
C. In several locations within the harbor, structures are permitted bayward of the bulkhead and
extend beyond the Pierhead line (project line, City permit line).
J. We added a definition for "Harbor Structure ", as it is used throughout the policies.
K. We added a definition for "Harbor Permittee", as it is used throughout the policies.
PERMITS REQUIRED FOR HARBOR STRUCTURES (page 2)
A. Permits for harbor structures are now issued by the Building Department.
C. The Harbor Resources Division issues permits for residential dredging.
GENERAL PROVISIONS FOR PERMITS FOR HARBOR STRUCTURES HARBOR PERMITS
(page 3)
D. Now that a building permit is issued, inspection is done by the Building Department.
E. Adjacent structures should be taken into consideration prior to approval of new structures or
revision s to existing ones to prevent obstructions or conflicts.
ISSUING OF PERMITS FOR HARBOR STRUCTURES (page 5)
A. Plan check review is now done by the Building Department not Public Works.
E. Permit for harbor structures are now issued by the Building Department.
BAYWARD LOCATION OF PIERS AND FLOATS
(Page 16)
D. Sensitive areas because of commercial residential mix and ferry crossing permit issuance
should have public hearings.
(Page 18)
Page 3
V. Balboa Island. Since 1964 there has been very strict controls on new dock construction on
Balboa Island and restrictions on revisions to existing permits. As a result, It is recommended
all applications in this location be approved at a public hearing by the Harbor Commission.
(Page 19)
X. Harbor Island. Because of the proximity to the bridge and navigational channel public
hearing before permit issuance is recommended.
EXCEPTIONS (page 20)
Requests for exceptions to the Harbor Permit Policies should be reviewed and approved by the
Harbor Commission.
ENCROACHING PIERS AND FLOATS (page 21)
As the harbor was developed it was not unusual for docks to be bayward of combined lots that
would be subsequently split into smaller parcels, thereby creating a situation where a dock
would be in front of one property, but encroach in front of another. The policies in the past
required a new permit issued by the City Council whenever those situations listed in Section A,
B, C or D occurred. It is recommended that this now be reviewed and approved by the Harbor
Commission.
ATTACHMENT: H Policies in Strike -Out and Underline Format
( 1A-1 • q.4)
N -1
HARBOR PERMIT POLICY
HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned areas shall
be reserved for the eeetipafAs of
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 be used by persons other than the aerupants of the abutting
upland preper-ty•
C. Only piers, floats, certain patio decks and their appurtenances shall be
permitted bayward of the bulkhead betiveen the bulkhead and pierh--ad
Ones.
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 flays
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.
I. The term "Mean Low Low Water" is abbreviated, M.L.L.W., and refers to
the lowest tide of the daily two -tide cycle.
i• 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 er dredging in said
waters or ocean, without first obtaining a written 'Building Permit"
"LTA to do so from the City's Building Department Harbe r
Resources Di
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
2
GENERAL PROVISIONS FOR PERMITS FOR HARBOR STRUCTURES
HARBOR nBOR PE n ITC
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 prev4siens-.
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 Bulkheads, ewnW^^^ ° ^a dee ^,
plumbing _ d -al Nverk are subject to inspection 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
3
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 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.
I. Pollution Control. The Permittee shall maintain the area delineated on the
harbor permit free and clear from beached or floating rubbish, debris or
litter at all times. Adequate safeguards shall be maintained by the
Permittee to avert any other type of pollution of Newport Harbor from
recreational and /or commercial use of the tidelands. Failure to comply
with the provisions of this section shall be cause, after written notice has
been given to the Permittee by the City, for the revocation of the permit.
When unusual circumstances arise with respect to the collection of debris
or litter, the City Manager may authorize by the use of City forces or by
contract the removal of said debris.
J. Rights to Impose Rental or Other Charges. The approval of the foregoing
permit by the City of Newport Beach shall not constitute a waiver of any
rights which it may now have or hereafter have to impose rental or other
charges in conjunction with the maintenance of the proposed facility and
user of the same. The imposing of tidelands rental, or use, fees shall not
be extended to include private residential piers and slips, constructed and
used solely by the abutting uplands owner for recreational purposes,
unless otherwise directed by State mandate.
K. In those areas of the harbor where the piers and floats are bayward of
residential zoned areas and-are �d ier t'.:e
upland property, 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 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 Wa -,be° Ressu -r-ps ^a..: ^isr 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
l9er-mit when applicable.
B. Prior approval, when applicable, from the California Coastal Commission
and/or ef-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 the
U.S. Carps of Engineers.
C. Prior approval of Orange County will be required when work extends
over tidelands claimed by the County.
D. Before issuing a Harbor 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. A written permit fer fnaintena.-we is requiFed c..,.m the Harbor n,...,..,,.,.,...
including ing ...bo an would normally e eed $2 Painting,
replacement of rub -rails and work considered cosmetic in nature does not
require a permit.
b7
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 WarbR
nn,.,..._..,.., Piyisio. 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 Harbor Permittee or his authorized
agent fee .., lessee of the abutting upland property.
Leng- term -'-lessee ishall be defined as a party having a leasehold -v"n the
Y:eYe ty feF .. period greater
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 Buildine
Department.
B. Number of plans submitted shall be determined by the Harbor Rees
Divisien,, AdbRE Wo=ks Dep«ent -and Building Department, depending
on the nature of the work.
3. Location 4 bulkhead, pierhead, and 13vejeet lines.
proposed s
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 Harbor T'eseurEes Division 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
7
�-
-
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 Harbor T'eseurEes Division 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
7
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 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
':I
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 to not include Building Department fees, but they do include
Public Works Department fees.
B. PIER FEES
Annual pier fees are due and payable on 1 March in accordance with the
schedule identified in the Master Fee Schedule.
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 for rte °m°5, 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.
STANDARD DRAWINGS
1✓l
The following Standard Drawings have been approved and are on file in the
Public Works Department:
Precast Reinforced Concrete Groin Panel
Dwg. No. STD -600 -L
Detail For Raising Bulkheads
IDwg. No. STD -601 -L
Grand Canal - Platform and Steps Type I
[Dwg. No. STD -602 -L
Grand Canal - Platform and Steps Type II
Dwg. No. STD -603 -L
or Joint Residential Use Gangway 'Dwg. No. STD-604 -L
[nvia�
t-Si —ngl —e
VI nola Pacirionfinl I Ica Float Withni it Dior – MI (ZTrl.Anq -I
(Single Residential Use Float West Newport
Channels
Dwg. No. STD -606 -L
Commercial Pier and Float Installation
;Dwg. No. STD 607 L
'Single Residential Use Float With Pier
'Dwg. No. STD -608 -L
Single or Joint Residential Use Pier
Sections
Dwg. No. STD -609 -L
;Pile Details
'Eye Bolt For Boat Anchorage
Gangway Hanger Bracket
Datum Planes
Natural Sand Profiles in Newport Harbor
DESIGN OF STRUCTURES
Dwg. No. STD -610 -L
;Dwg. No. STD -611 -L
Dwg. No. STD -612 -L
(Dwe. No. STD -613 -L
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 Public
WeAks 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
10
A. Permits may be granted for joint ownership piers at the prolongation of
common lot lines subject to the following conditions:
1. No permits will be granted to persons other than the owners or
long -term lessee of the abutting upland properties.
2. The permit application must be signed by the fee owners or long-
term lessee of all abutting upland property having access to the
facility.
3. The permit shall provide that all parties shall have equal rights
under the permit and shall be held jointly responsible for
compliance with all rules, regulations, and conditions set forth in
the permit.
B. The policy for 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
11
behind the bulkhead. No solid or masonry structure shall be constructed
on a bulkhead.
C. The height and design of all bulkheads and wing walls shall be subject to
the design and construction standards of the Building Department.
D. All bulkhead permits may be subject to a detailed construction drawing
beLng approved by the Building Department. Drawings signed by a Civil
or Structural Engineer may be required, and shall elear4y sheiv the
fellaiving
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.
12
D. All parking shall conform to the City of Newport Beach off - street parking
standards.
E. Commercial Activities Permits
1. On -site Parking
a. On -site parking shall be provided as follows:
i. Charter vessels: one parking space for each three
occupants, including crewmembers;
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.
13
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.
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 been installed and approved by the City Building
Inspector. The use of a pier, dock or float will not be allowed until
restroom facilities are completed and in operation.
B. All public or private commercially operated shore - connected boat
anchorages shall have a minimum of two restroom facilities, one for
women and one for men, for each 20 boat slips or boat berths available in
the anchorage area. The minimum walking distance from the farthest
boat berth to the restroom facility shall not exceed 400 feet.
C. Sewage Pumping Facilities.
W
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;
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" 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
15
A. Boats moored at private or public docks shall not extend beyond the
projection of the property lines of the property to which the dock facility is
connected in accordance with Section 20 -C.
B. Any boat moored at a pier, dock, or float shall not extend bayward a
distance of more than the width of its beam beyond the pier, dock or float.
C. Mooring Fees for both onshore and offshore moorings shall be set
annually by Resolution of the City Council.
BALBOA ISLAND
No new, non - commercial piers on Balboa Island shall be recommended unless it
is in the public interest or unless it is at such a location that it is not usable for
swimming or bathing. Piers presently in use may be repaired but
recommendations for any additions or remodeling shall be restricted to such
changes that do not lessen the use of either the immediate water or land areas.
Whenever any application to install a new, non - commercial pier is to be taken
under consideration, all occupants within 300 feet of the proposed work shall be
notified in writing by the Harbor Resources Division.
*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. Creosote aF &her piles will be permitted i
this rzti
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.
*Based on Harbor Regulations adopted by the City Council on December 15,
1941.
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 C?ty
E. U.S. Bulkhead Sta. No. 113 to 114. Piers shall be subject to a special permit
approved by the Harbor Resources Division.
16
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 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.
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.
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.
17
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.
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 Resource
Divisiea. 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 Bay Front between U.S. Bulkhead Sta. No. 256 and No. 259.
Piers may be permitted to extend 10 feet channelward of the U.S.
Pierhead Line. Dredging around floats shall not exceed a depth of
minus 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
Westerly 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
m
shall not exceed a depth of minus 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.
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 Rene.._,.,... Piyi..io
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.
19
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.
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.
20
(Sec. 26 adopted as Sec. 2 of Addendum No.1 by Resolution No. 6041.)
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 Resettrees Divis 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.
21
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 location within the harbor.
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.
GRAND CANAL
A. The following conditions are to be in effect and placed on each harbor
permit for the Grand Canal:
1. That the permittee shall be allowed either one pier platform, or in
lieu thereof, two shore mooring type appurtenances per lot. Pier
platforms and shore moorings shall be constructed according to
22
"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 private property lines.
B. There shall be no permits issued for shore moorings or pier platforms
fronting on alleys, avenues or other public easements terminating on the
Canal.
C. There shall be no new permits issued for shore moorings or pier platforms
bayward of those lots at the extreme south end and north end of Grand
Canal.
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.
Reaffirmed - January 24, 1994
Amended - June 27, 1994
Amended - June 26, 1995
Amended - March 25, 1996
Amended - June 8, 1998 (effective July 22, 1998)
23
Amended - December 14, 1998
Amended - May 8, 2001
24
HA
DORY FISHERMENS' FLEET
It is a general policy of the City of Newport Beach that an area immediately
west of the Newport Pier be reserved for the Newport Dory Fishermens' Fleet.
The dory fishing fleet, founded in 1891, is a historical landmark designated by
the Newport Beach Historical Society.
The City Council, in developing an official position with respect to the dory
fishing fleet, has examined and evaluated the following:
A. The historical significance and relative size of the fishing fleet;
B. The desirability of preserving a small area of public beach for commercial
dory fishing fleet activity, primarily for catching and selling fish; and
C. The responsibility of the City to protect the health, safety and welfare of
beach users and swimmers in the vicinity of the dory fleet.
After considering these factors, the Newport Beach City Council has adopted
policy provisions concerning the Dory Fishermens' Fleet operations.
A. The dory fishing fleet zone is delineated by pilings erected by the City and is
reserved for full time Dory Fishermen who derive their livelihood from
commercial fishing. Dory Fishermen are required to maintain a current
commercial fishing license.
B. Dory Fishermen will have a current City business license.
C. Dory fishing vessels allowed to be launched and stored on the public beach
will be a traditional dory design vessel.
D. The dory fishing fleet zone is not to be used as a launching facility for
itinerant commercial or sport fishing enterprises.
E. The use of vehicles to launch and retrieve boats during the summer months
and weekends in the spring and fall when beach use is heavy, will be restricted
to the hours before 11:00 a.m. and after 6:00 p.m. Vehicles and trailers used
by the dory fleet will be parked in a location and manner prescribed by the Fire
Department MaFi ;p .
F. The dory fishing fleet will be responsible for cleanup and maintenance of the
designated dory fleet zone.
27
G. The City will furnish two water hose bib outlets to be shared by the Dory
Fishermen. Electricity will consist of one light switch and one plug switch per
shed, with the monthly costs prorated amongst the shed assignees.
H. The dory sheds permitted within the designated boundaries are to be used
by the Dory Fishermen only for the storage of equipment and supplies and are
not to be used for temporary or permanent housing occupancy.
I. There shall be a maximum of 20 dory storage sheds no larger than 10' by 10',
with roof ridge heights not to exceed 9 feet. The size, type of construction and
architectural style shall be developed with input from the dory fleet.
J. The Dory Fishermen will abide by all City ordinances and California Boating
Laws in the operation of their vessels near the beach and surf zone where there
are swimmers and surfers. Dory vessels will ingress and egress immediately
ocean ward of their designated beach zone.
K. The dory fishing fleet may designate a spokesperson to represent their
concerns and will meet with appropriate City department(s), as designated by
the City Manager to resolve conflicts of use and safety problems.
Adopted - November 23, 1987
Reaffirmed - January 24, 1994