The URL can be used to link to this page

Home My WebLink AboutSS4 - Joint Session with Harbor Commissionac ^tax 1`: Wr4pr TN wren Car urksnxoxMlJe6P`p , a PrwNw a TGNy's pkcroslx Wrm... An economic analysis will help us implement the Task List and chart a course for the future: aryp11'" APPRAISAL - Completed 'x Ana is of the current fair market rental value of tidelands uses, Including slips, fuel docks, and piers. COST-OF-SERVICES STUDY - Completed Analysis of fee- for -service activities conducted by the City, and the cost of those activities. ECONOMIC ANALYSIS — In Progress An analysis of public benefits to private entities, assessment of the reasonableness of existing charges, strategy for the practical and political implementation of charges. COUNCIL AGEND IUD. S - 10 X107 1 '•� Analysis of the Mooring Transferability Issue and Revisions to Title 17 DMUOn Presenled by Harbor Commission Chairman Don Lawrenz Issue te.reer The Grand July Report slates:' The Wmosadthsrepoltelo areesn research and review Me pdi sm and procedures Involved In the transfer pia of the pudic moonnps i oraleol n Newpon tialhw and to lnvesllgale w hsr pnyate pT♦IIs are behp na,leMomMeastranesclons - The response to the Grand Jury's recommendation required further anayMs and the California Penal Code 9]].05 requires: the analysis In be presented to Me Chy Council for celeider sionl, within 6 m ihs W the May 10,1007 pudic release of Me repel. We Intend to Introduce the resuas of the M N,als to the Cesv' I Wo,)hl and return M NovenOw for approval of Me oecomnanded Chdrgea t0 Me Munldpal Code. Grand Jury Recommendalions 1, 1, a, 7 and 9 required lurther analysts. MUMWnng Marren RanS.thel oadevdopect a draft realsron tp the Mun[Ipal Code whuh adbeaces the Issues Me recd Men In tnao rev essays 11 tly NforMW t eir raCn r,1 council Code charges will be pedametl poor b Mumilg to the CoapCll for apprWal. Grand Jury recommendations requiring further analysis. wvev R -1: Tighten the repulanons and procedures Involved Min Newport Raravw Harbor moonn winils and loin Vann. to ensure that all DlyMlen monies rece.rvetl wlpch Ngblly belong to lh9 public, stay Mnln IM Wulc arena. RQ' Consitler puff¢ access fli avaflaGa moorings fhreapll atloptinp a more BNB[IivC walGnp Ilsl. Rd: IntlepentlanllyanalyaearMreeslaWlsh fbe Cdy's Munfcipal Cede ccvlcemul; the Harbor Regulafices on n Iegs; have new pocatlures malch connected regulations rather than cotllryirp, without ravh , whsl has become embedtled as esfrbllshed praNca R -7: Review the Inclusion oryachl clubs and Imst as mooing pa m'".. R -9: Rv ew and update the mooring waiting list 2 Fair and Equitable Given that the GtyaMCOunly cumntly has a lanes, management B Hs� n system mires evdved aver W years n NW.PW Bay. the Moonrg OMYOn Mesta, PhSubconrome laeWmtnedtt was most appropriate to de+d W a lav an0 xWNbb mxagemer system that was p21 dashcally 6henent Nan the enslhg system i Tha$ubcaonMee fine -tuned Van eastllg managemee system by : Defining wnh may be a perch kidder or Vansfoee. i Definhg how a rrbor, penmt may be tlanslenall n cdnpllance oath Munclpal Code lather than throlgh enlsleg Ioolslok. i PrM+drlg W shot and drVulob m000q rentals that make the 120 nbahrgs mom ."a W the puck Phasing dA a not- lundlonal Met the and Woodg a means for MOIXMg xcess W Nose NM waIIM x big on ifial watt IW wade at the same em dlmWNg vond,ll polls R(Mifi g a fast benehl to the tddands fund lNRAVod Yaroar Mbhm anca Rasave Fund) for acliwhas relaled W Me transi. and haml of he mnwogs Who May be a Mooring Permit Holder or Transferee... A nuonig pMnll may bon had by IX Penelermd to the ibll M g Pomp w,ew Ioaers. hMdetl that Here is only one natural person who wkl he estate ralsoombe b all oshOosd xdwt bl related to each panoll: D ai- 1. An atural posh holding the 10 so Assigned Vessel (an - Assigned Vessel - b av seM lawksly 2gie11NBJ or Oboum®tbd b the P i I add, MM ONdxase aOabnZell b/ law Io MGepy N! npolllgl. IX WM Is b comsome with paragraph B(2). 2 A na tmi p9aol who Oblate, this to an Assignsd Vessel uMera win o him, assemblary nemnet. andor under the Calitomla P to Code. provided that subeepuent vansir of the mooNg rimers unnatnded. 3 A behity bust hddnti his to an Auhgoea Val Thal designalesa resporst natural person as reylred .bare. provided Wt the family mil apes not do116t Insister of the mooing. Who May be a Mooring Pertnit Holder or Transferee (continued) ... A. A dxumented partnershp holdrq Nle W an Asst a Vessel Nat dealt phorided naN2 o. opd5owl�durent beeo-kt handnsM the m� q; ether opoaling aDSament does rid 5. A manse conVacto tat oprowaes IaN ro rdhed a seroces (such as d,dgyrgl Nat d45 ie5 a resoonslMe ratuml peRm as VowdeO above, B The Balboa Yacht Club and Newport -Ibr ,Yacht dub lWr mod �s ss Wtha. ant br moMrvg whin Nert ne,ecinVy Nathel 1. The Lido lMa CUdnunity Aa Ihon(Im shone mount assgred 10 4 on tdo Want). Mooring permits may he transferred lf_. R�ewces I Tne H ee , dll¢Iw6E dveeled hlmeGl dNlalon or me r own erse, o r the wetsal movrs, mereo, or 2 The Penmt home has retained ownership Ile the Vassal and has DormarenlY vataletl the model and 3 As to the transfer of an offshore meeting Darin. me Pero holder has not Iransfemed Tore man one offshore mood, to anoNer Permit Holder dumg the pnevous twelve 112f morell and a As 10 the transfer 0 a store mooring penml. me Pemh Hdoer has nor transferred more than one Shure mepVYg 10 another Pe rml HNW during the PdVIWS twelve (12) months; and 5. The proposed transferee Is rid cumsmy the holder of more Man Iwo (2) dbig, noadN permits Short and long-term rent. is make madril a more ova 11. this to the public 1. The GIY of Newpon Beach and County d Orange ('WCdgmtY I may R.rIW here Vacant Md amps at their decmlon, and the Peon Holder may Reranwcw rid rent a Vacant Mooring However, wild the advance wnten ONYIen approval d the Halter Resources Manager, the pemd Nddef may alloy, a ronASSgned Vessel to use a moon, for any W of fer Cd.W. days 2. Peord HdhMS wnhWl an Assigned Vessel cn the moMrg for does than 15 days stall "it) the GNICOUnty of availad4ry of the moaVg for rent 3. The Penns Holder must ridtdy the C11y ogmty W days pnor 0 re m,no, the Assigned Vessel to its mCIXmg from a log absence pdr W doses of renter among' is grater man wl[.ohllnu0us days). 0. A 1,(Douq reeler mull oiler into a rtmonlg ra'llal agmenenl vein Me Gty�codnty, 5 the repair d any dartuge to the mooring equipment shall de pat by me meMrg fO'he' 6 Renters shall provide moonier Ines which shall De remmred at me end of me emal W Wh 7 Amoonng rental agraenenl5 renewade lO5B0W dvaiadlmty Short and long-term rentals make moorings more available to vw the public Icdmile ed): .weer 6 The sudrenMl ayeemenl 5 renewal new on avageostY aee. Haying lenled amIXNrrj for any'"in 0rime does hol mill.. oFNlen fabler to a .1.1 anywhere n Newel Hinton 9. LWQ-lenll rental of mWnngs will Da nflered to loged person currently W me wan list, as a pnpiN 10. Phimos not curmmly on the wan Lm may rent a nwaihig on a bhg term pasts, if avaiUble aher fem, open npdnngs 10 me wait tat I I. Persons on the wall list wM do not aaoll a camel odering co not lose than adsoli n on the wan lot 12.11 shall be the Glyrs oDleclwe to assign mnintmato, 75% of me mpybigs avallade for thing to long -term rental 13. The remaining 25% of me moorings eyanaole for hen will be rented to Irarclml veese% W a shpt -term psis tau The well fee will be base] on a Rte esladisheo Ey the Norvpol Beach Gty Council and detmealea In this Hasler Fee Resolution 15. The renal fee will be depowted m the NHMRF. 16. No Ineair girds shall be allowed, on longterm feral mmsgs Existing wad list will be phased out. epwl4m t No addi di tames will be plaoed on the wad I'll wecdve December 31, 2007 2 All baboons do the wait Iel MI on sent two notices Ipmyld, 30 tlay response, tune for Cann) re "W"I g updallrg W W nanl Contact 3. II there s un response to the 30 day notices. than the person will be dropped fia n the it let 0. Bannual hwo years) reciusls for Cgda4 lnlonnatwn updates mil be senttowall Ilsl,il.panls. PCSg15notrespordfi 1p Ine M'p IlO11Ce proness, As M. Ifni will I4 drpppcd Iron the wait 1151 5. A nvNnal fee adcgle l by The Gty Zoonnll In 111e Mal Fee Snnedule will be racueed to robin on the wad list. Existing wall list will be phased out (Continued) ... NxrLw 5 Rai WMldled, relumed nt abandoned momrgs will be offal to Rvi baGpne on pie µe 11 list base! on a nponng tenon reaIIOC20Cn fce Dmido, estaMlsned by 114 Newixert Beath sly (.awl and doinealed m the Master Fee Resdunm i The moon, permit realbcaoon lee volt the perxslle0ln the NBMRF. B The mdonng pal realbcatlon lee wll be rakWatell based on 50% of the Cmrenl market value ber linear foot assigned to modung parmps In Ine mcsl tenant harlwr fee aooralsal wrvey 9 If no getwn M the wail list amonn, a boo nn] deal accordlrq to be 2allho,alm process noted aC0/e . then the CdloCdurlty may auction the moon, deal and aulgn Ine., beano to Ine highest seale0.pd wlnated Rxxeur DMabn A transfer fee will be repulred -.. t Theulted arleashallh tgoalto one adopt. moe W.I. fee tagesledannuallywan IM1e if, Council'sadoption of Ine Mader Fee Stlretlule) for p4 manrq harp banslerted. and 2 m inedeon 1pthe buSbarfee and IranslCrS among p4 immedale famoy Inusbane. woe one cMldrenl 5 Issue _ W Title 17 . Staff horn Me City Anorneys MIC, RannlrY' Depxlment, Revenue NrrMr Depadmenta,d lNlD9 Re5el[),l hawo IXMllnletB'J the of.—ono. non plele rewrite of Title 17 of Pe fault Code . A primary owl of this al m to lrmefer the CCNgI Pere, Ht Into the Munlo fal Code. ore headed, for mare eirwha, enforcement , A copy of the proposed rertsim to Title 17 a enclosed in the Council Piclay T�mw on does egi Alialk'Al2Kd ^ raLm%nle.awin 10(hiiWi o . tore well filler, to Me C Melt V approval d the onsdaed ren51M to Title 17 in November 2607 Moorina Management - TransferablllN me Moenrq gxorer Ran Sub[cmrnlnail well cml awe M ers and evaluale arW recommend reraiens to ail ab,iniseative Mors aria repulahons relawa to moorerp margeenlem i Nie will refund to the C Caro tor approval of lheow eveions in fanny •�1 errhor R. c ol.wlo.. Dredging Issues Presented by Harbor Commissioner Tim Collins 0 _ _ I Other Signs of Dredging Needs... I I,S Weaklrp w on sand stgels at Io tla Hareor Vessels turd at In "Ir all, H—o, Boaters Il101titor IM tide foravallaWa days /tlncs to transit tlu "'W The City has unsuccessfully pursued federal funding for a project considered minimally necessary for safe navigation It�WpY Tlla previously proposed plan was to have army Caps of Enghose s gM1lalaa psifonn en sin >pency dredgni o'400.000 Men, yards or sediment al a Intel Coal Of ii. f million implement protect with Upper Bay project contractor still on site to reduce ngblllration cost. City has expressed wiNngness to contribute $1.0 M fu reduce federal contribution further. Needs Congressional add - nor In federal budget - not likely to trek. fedXal budget soon wllhoul adtl. Best vrihh,W. are US Senators Boxer and Feinsam's office, with support of US Rep Campbell. Wes not rengve all W sediment in Lower Bay. Apto o.l.tely MONO cy nnMln In federal areas W responsiblhty; 100,000 cy In Rhine Channel and 50,000 cy in West Newport. Fes' ":' -, A Proposed Change in Strategy Tr Request Corps to perform ,omptefe deama, a Lower Say to design N Io depths for one anal Omer an -coy m...t.n. m.IM.tun[. r..potblellnyYm. Ylw.. Corps...id nh,filn rruimsnsnu ,ecponsibilih In ssslwrys br prnvmu den Y.n snnuky.^E wnomurc. of rnsl nulM.— opel. UsM sly profun. wMn eomp4l.0 would prom LOwr Bay horn ugnlflcast Imp.cei. Sauna a.IptHE to lrmx<r pl tap ysirs or.w:ri horn waYnME. Neural dni s \M. uu..O by .nnY .ucn as major El Nino sfatma u.uafly muh In.m.rq.rcy tl Wafions aM Possin4 FEMA Iurelf, Orgy cwnpr.Inmlw drool project wauccomplYMe prior lP 1116. F.yral lurong for oulosoinc. of r.erufional Nrbors will corunu to b. i ill to obtain. Los. of Yyul tnaiM.tutw woulE mo.l k.ti W. iota of fri.i. uric. Other Potential Financing Options NOS City cwld assume dredging respon.4dll y, one time win balding 0. o cw nMabn IgdMSf ldeS reldfeD'IO IIX00'iLlMfleS. • Private Pier Permit incremental fee Imitate or surcharge; • MoohN Permit Inchous mal fin. Increase or surcharge; • Wrine Activfty Parrot Incremental lee Increase or surcharge; • RGP Ondpng Permt Incremental fee Increase or surcharge; • New "in Lau" Fee on Building Permits for any protect that has the polenllal to Increase uthar the sediment Iwd OR add toxicity to the sediment due to Increased Impervious surfaces: • Development agreement tee for dredging on major protects on waYrhont andla tidelands protects. [.3 Upper Newport Bay EcMY&NNn RiniN,n Non Pn Rd Foaturas UPPER NEWPORT BAY Ececyata Roteratlen .—len Tne Ecmysum Resl.b. Prpgact rastaes and enhar a many -m nl fylatab In the Upper Bay. In aWit. . the a [,EM Eosins proposed f uoninp and Ovapenlnp Mil prM.t tine Lower Bay frun mure sedlnent Input f. tine .wn;Ird m Yf RtlIM ClVnnel Conamhated Setllmenis Rem101atlon Plan Hall ■.a.l•GS ' I I el.isl.• � .. • w _ win boniomal and vMIUI..yM aI1M [oMamiruW W Muib Na Cxn[Nr.cbniM- TN Fnp." or C.ManJrubd s.eFyM I., an P.— has M..nlwW. . s.seral albmativ. dox,in, nd dbpoUl —ttods Nn brn .v.lu.W. . Four.NrrutM pratscb ha . bnn found M.ioW and Nv. N.n co.bd for M1WNr conslMnd'an. TM rMNrp I. —rl,M to bail na f IaJOm rdbua Pad of Lon, Ra i for M.posal of these s.dlM In the PW Gall point W a -.11N men Go4.MCJV. oda'.. Rea DkWen Harbor Area Management Plan And Eelgrass Issues Presented by Harbor Commissioner Seymour Beek 7 J How can the City balance environmental Issues with U the day to day operation, maintenance and recreational activities in Newport Bay? R..w DM.b� I : A comparable resource maragemanttool to the "am. Local Coastal Program Is a Harbor Area Mansgsraenf PWn. H . The CRY has applled forand recslyep a grant to di lopa Harbor Arse lNnaOA old PWn ) to arson that all A e bsaNlW l uses of t g L w }r BI,kVinblrlad so that one lastal the etpsise or frrothery ,y„ 'ry N M: The Resources Agencies have bought Inuo the general concept of developing a plan to manage the resources and PberlM CWl uses of the bay using this methodology. The consulting loam has prepared a dralt outline of their work plan. A Harbor Comnim,san subcommittee has provided Input and will monitor progress as part of a Technical Advisory Committee. 10 DM1Nbn YU _ • Eagraas sweys are an Important - NANP dal, , Whwnt so "I M Un tllahhsn a ball ass dnI'.. M tM r ' humor. • Or¢a a mniire h..adhned to is Is es° this aaaedW flan mMlat. "n the H&/aP wM• it m ode Is abNlien irumusllo s raGW7 and wml h • IrW tk rMNmu. bas. x � - • on th. M 1 1 U a. - H almananca aM aqr Harlwr. •TN GIyb alWtlrq polnnPn�.., ;'. he metllas M 1 sViMpY M not •.. _ - Ree VIM— Mooring Masterplan Subcommittee Accomplishments Presented by Harbor Commissioner Marshall Duffield The Mooring Masterplan Subcommittee Nef°O Draw on expertise of local knowledge Rew lahwene • Reach out tocommunity h tre all srefine refinement regarding and wml works now and what nestls refinement Members InclWad: Yacht Clubs Reoresemed Y harbor CommisalMers Y Pasoclatiob of Orange Coast i H boor Resources Sluff Yacbt Clubs Y sheriff. Harbor Pabol YBalboa YC Y Newport Beach Resident. i Uhl. Coilnfflan YC RacinW.rWslnp Sailors Y Newport Harbor YC Y USCG Licensed Captains % lltlo Isle YC > Pllda % M rlcen -&glob YC i P., Bost... Er l.. D tors • Educators • Madrle Contracbrs Y pihuilb ars 11 Newport Harbor Mooring Fit*lde • Tied are 12 active moyinp fields and federal anchorage In Lo r Newport Bay. The Mooring Wou rplan Suhcn,nmlt:119 L • sysbna llwlly evaluated the EwMarbs a( aM functionality of each mooring field. 1a Mooring Master Plan Subcommittee . The Suhccrm was also Instrumental In farmulatnq the Harho, teal and Wcltup lnfn,matlon n, the Grand Jury RaspcnM to It.— the Issw of: "Newport Hellion, Moor',rngs: Aro they held in oM.Nn pudic trust or New n,ortr An Internment pmallM'. , April, 2006 - Formation of Mooring Master Plan suEcdmrrenee tMMPSGI , hill 201 - Modeling pamNnees natifled of final mooring else Increase until study compete , NoremGer,200a- Stan presents draft of Consultant RFP • March. 2005- MMPSC decides to Wears moarinp evaluation Ws" rather than hire cdraultam • Meg 2005- MMPSC adlon pan finalized Septembn,, 2005- Moorlrng field 'A" analysis correlated MMPSC euenslted recomronde0au for remaining 11 modeling fMMS over the nest 20 martins •f Mooring Field Evaluation Process R .... ,�„ i Test one mooring field at a time Team effort - Private citizens and Public Agencies Team effort saved the City at least $200,0000 in consultant fees . Recognize Harbor is recreational as well as a place to keep boats Harbor is limited size, shared by many users . Gain familiarity with all perspectives: home owners, boat owners and commercial vessels . Mooring Field "A" selected as "straw man" starting point 12 OBJECTIVES yM... : Address dredging issues eew : Increase navigational safety : Reduce liability concerns > Avoid the expense and disruption of mass mooring relocations r Correct Intolerable spacing Maximize outreach and public consensus Revise administrative rules and regulations as needed PARAMETERS Rya Maintain clearance between mooring field and Federal channel Avoid reduction in the number of moorings Preserve historical mooring field master plan benefits Maintain open spaces of the bay for recreational use . Maintain clear channels for access Consider further evaluation of mooring field management options such as multiple vessel mooring systems and offshore marinas 13 Raape Essential Services Facilities Needed Waterfront Land Uses Improved City Coordination Presented by Harbor Commissioner John Corrough !'`�•�` What Are r �a Harbor "Service Facilities "? n.raw Boatyards /Shipyards (n.1 a emegency h.u.%) Rawuua - now oMyaE to lel,OM/13Mis pa Dhbe - f3530 mYOn efaiRbl tlatu • Marina Construction Barges B Dredges - f35 mlbn eixMM M�wy -Uam • on'etlrodon LoatedmMLirynChing of Marine Construction LwdhglLaunching Points - 0My3 -RNm WRd80vesRMlp (Ix La2J1 - Emma'bnaNa • HifEOr Maln[BrMe 1a Bwif, etc. - +vnatlainteno ce young ailez. Nc • Points Harbor MalntenaMe Lwdoq /Unlwding Points Loadang/Uni - Orryl -Rrtm WRadeMa RamR - M ey9sels(coeri • Rescue, Fire ire harbor Salsly, Rsscw. Flre e Harbor Safety, tcwmylcityt Mom AxYZl taws lManWM1. TUtnvq aasln) - T H - toab • Puaiic Docksn Restrooms Public Doc - Or1y 1015 Ponrvuly wl) mBwms, 5 BaNa lzlartll 14 Some Important Service Locations in the Harbor anro, _ _ r r / 15 Harbor Economic Drivers / Issues C mmunnXWy Economic Unique Irr�csable, Icon 6 Public AFM11 W rear X --- • GP ECOnoTIC.W1yYe -manna urea 1.v-d. 1.W jobs... 51n.110 PNalon major lyxs m rat I.. ed co,,' 3M In Web. Iooa.vo, (aMVe MNNSI vim. a.... I CNmMr at Commarw EC.n nniC I.,M EarnYb - ,an ntlwMBIM1.KIbeSq.vpeIBCO Elr¢RiMimdjona. BBnerdlp mrcahmiree SWinn • to Newm: area • ConvarLOn oe WatMTnt UuelWNer- DepanEant Uan Is Ratluclnp Ec.nomlc Gtiven I Ravanwe, RaplatlnB rl NoNWM., -D. endant Lena, -'I -.. wolensl =. $, ro S Tunipier onms m New.on • GP "S Elamard, LW LUP Provide Framework, InamMRo Ptlwb Sed.r to Rat Anli nNnca Water D.,.c ant Uaae WNh N.. "Hod' Uaae - Nd Used • CNy Not Yet Proadbe, Creative In VYI, Available In"n NOS & Controls to EncounB4l+rpNBaryaln Privet. Sector to Bolld 4rga pNHde wall As WM GradBlnp, CNy Mil Hava to Invest In Land, FedlNln In Preaerve W Nor Servlrwe, ITpr.ve Accase, InN9NClure • Lear Pay r .'.. M yImportant NpdS& Watefronl sladlny B Cnarga -' .. Neadng Crean., Garold Pinning WNar R. OMSbn \ - PerW NUTders 1 7 g and a' `�Sr \�•N. - f l IuNe aeria roaera tayescantrzcF!1�"rl' du* tarBes 'C`ia t - M '1.' / y!� �. u over Wplenn s Joint Land I Water Planning Areas BUIMbead �' Z fool C.IWr Lnes- P Poo os - PerW NUTders 7 g and a' `�Sr \�•N. - f l IuNe aeria roaera tayescantrzcF!1�"rl' du* tarBes 'C`ia t - M '1.' / y!� �. u over Wplenn s 16 Water Area Planning, Zoning Actions Aided By New Data Bases Bulkhead Line geTead Line � 57 P�t boo ?UC' •�-.k K� Eelglass Survey F -'r. w•_ "�� %� Unlly Seva:es Moonrtg Naas Feoetal Cn Il ' i t n' New Data Aids For Tidelands Planning, Development -�� Leases & Permits INr wren. 0.�wur<x orowo. s More Data Aids. Water Plans Integrated Into the HAMP • SNm Modal donate waledlont oevoconeol and docking laalltles wNa Site Plans walerarea uses, waler4epa14enl un. vAfn haror wigs, 0.�wurtx GP, LCP LUP cpntakot OM0.1on Sh. p10CPaea wdtltdN t /en -Wafer OedClln[IOVBTenle - 000ks, moord, - oRSncre' manors, WnivapaM, LM Marina Village. Manners We w Ivfronl walk, One a in harbor wide GP. LCP LUP contents Shm ekisatg i proposed Ian6towatedTnl and OPwaler Iar5pOnaedn roulae, vehicle I veesd paring and Transfer Pans to plan aM p 10, Vehicle InPnlnuQna loppenlent.1 transponaeM I odg narCIX waters am federal Nndirg • Penove areas of Ilrn vol w unsafe navgatlon In me harbor (35' 40%), -0 dredging to restoe MI harbor nav billy, salety Nk vessels 8 panned, redood knot t, • Ide'Vdy key 'at nsk' and "Cpponunn)' watemonl uses and aclwniM, panrulaMorater- depend. 6a61irp uses as nolef m -CP and Ge,kval Plan. GP 11arl d bay Element 17 j No New Benefits Essengal wabrE ,,pant services hedlltles rUrhm fuoh as shipyards are being replaced by new atl°~tls .10. decal Olvn Cpmenls without corresponding harbar.ylde Planning, Incentives. pudic and Whate support he retention & essential serviced and Tpe ppective, Inch'alCNry sly. ice W]ler` dependent. xnlbprelated uses by City and peWale sector. The Harbor Conm4eim has repuested boner pWrdlranM and communlcallon wlln lie Planning Dspartmenl and Planning Comnnslen due to snare In Intarprelation and use d Municipal Code (clunges repwred), need for prwctive Implementation of cevelopna d Incerdrves and ragunements In existing planning policy documents a regulations. we are not getting line developrnents war have planned har ce IM avelopnlenl Industry a best efforts. Mee dorm walarr.om di- arwa baear ilavalmawm ®allf" Marina Protect Ae ssamp4 of darbpMrnelMal preie[I cdnremation III a...s Lido Peninsula Silo Refurbishment Protect Another esanrya o Inardpannxnal waact coxecu. ion M ; w� ..aw •b° Visitor Serving Issues Rr.e.med b, Harbor Commissioner Ralph Rodheim ?_' > Ikwlgn. RIOOe bUN ran serve n a I mWNlor l.e rislor vnaq y�H481e }IIRY CrUVgl for ll. hnnrq pudk. �� f ( TroRaroor comm.son.gda i.ew cerea.a � a'.. ws•eory pan mrau nimw Ran oflro ore ,/ I �' .oW xriWe mpu.emgrlsm mmr wngei rl We an ce.ebpry MUrmiVw CNeremgns lrul -� � .oJ] alY for slap artl bry term na'gnry 1 ,/ rerXali Mdnna Pert, d6 W,. ...W erov ft o�rn aoucam :ma .e:miiq e� I � TI! Ri,b WW J0.1.8 po,tle ir�¢SS In • ll' RWViril6iN Yrr ®6kr rsblRdrk bays ' I' ou,er we�rm.ww mr.,ra U—., wwmm�tan ft.., ft ,•. '�.. _. wrrseerawn.ylro RaNN .me > Rarar-.,x mrr mare r Rebraioe onm earorape area . onerore ieaieras 19 TN PWNIC wort OawrVrlom Ns wovided aaalaunce In IN daalDn a ni,int I. IN RDirc MaluN aN [onslN[tlan of a Nero- ae Wdock. Finam1W Na ben acoulred plouptl a &e opar apMrlMt aM pMmn appuf uor8 Nva Nan su""ad O IVbLIC WORRe OePMiMIXI' _ RNMa V11MlACC®9RLE RAMaOO[R ll. IFM Newport Harbor Nautical Museum M Concept Plan N Opporturobs to lnprwa pudic access and visitor sarvinp R.aeurce ' iii nrwll bclllDas. Another Important Waterfront Public Access Opportunity Marina Park concept Plan pr 5 [s!•! t�l 14 i a �— Mann. Bark S1 Marina Park... continued " - A True Newport Beach Miene awaw Water Gateway 6 Window l aN41e11 > A Balanced Plan For Bided Community Naeds. A Baunced Plan Usine Land, Water Wisely�� • A Plan With Flexibility of Areas and ActNltlea • A Plan Paydl Ha Own Way To Build S Operate i A Plan Appropriate for a asarllime Community A Plan For All To Experunce Water Uses -� A Plan For All Ages, All Lffesrybs, the Future • The Plan to Catalyze, Link Our Harbor Edeas �- - The bllllne address al morello paint holder. IS a aodd IMIOrp d [M ranaa::.I . al N.w Harbor as an : Impdrlam reps 1 facllby Publl[ no'I.,. manna., ed.hoal 1a.1101M Snell boat aHe. rental.aM G4rW vnisel. pwldMNeltor...' to NeMod BaY le eoemO Pw kDaI..n nu�m�ee.�arvi vwvr Nakw Rea D al =^ Berthing and Temporary Storage for Smaller Vessels Presented by Harbor Commissioner Ralph Rodhetm 21 0... t„ DM.lon � 1I A Harbor Gm anion 1 SubcomMnee am oiWmprwp phial Plan to aabnd the public docks far dbghy-� ' Iley.p with parTlb. as ll o \ v�L here al im^ Strxl and approved In this ninth years budw 22 $ mwwaw.aM _�_ 4MeFed•4aiw NOTICE OF IMPOUND a ;off„ Ewn Mlk Wsl,ni of N.ww4wtkra.astons. m'se. —se.. nalwa like this w[ywlYwaWa4NM t.Y: diNhke ate keQWntty 11 AMa YYYanfaOa Pin- e.psses, aaaafn in,our ae al 4 aMw.nMe inNww04YwlmpF,.mYa1Ma .Mc Donald or asVwaa. ypn �.aiw.lgw awu yon .pp.4 4�m� res,yy4 .=. g mwYm Mie.M m .q xyawanpr4.aawnnanKr4va w.n4snmam ggWM.M...... xMwTeemM.y. IV ask re.4rv, F.0.ynim..wW MM.IM w N.1 anM.4m en A�Mngnrrw44..M Wtb11 N.: angle• c npap4.nebnY.manf er�ur.ye n w na uJ.mP NW.m d M eklM a mp 4 Ymin h w.n . em m iu rrq M4uYnM.4uM.WShnsanw.4 OvanaMeM 0... t„ DM.lon � 1I A Harbor Gm anion 1 SubcomMnee am oiWmprwp phial Plan to aabnd the public docks far dbghy-� ' Iley.p with parTlb. as ll o \ v�L here al im^ Strxl and approved In this ninth years budw 22 A intro dock extension for small vessel Ile up Ms also Duet designed this t � 11 - anec Strum, puDllo dock. r CMstr"tion Is antldpatetl r In IM Spring. 3008 e , CMtft,'" M 6YC[BSSIYI parmll acquisitive. ` OIMr Potential Way310 deal wlln LMg Term Dinghy SlaaW sF. x dnpry Ral ...no, Strhgaine a3so�.w P ,roisct using IMse methods was net approvatl gy a previous City DmWon CounOl -.Ki�� \v LJ` . 1�Yteefrte \lam_ 0 r r 23 1 1 � � I ! TM Nrtonl nutlpel � In[lue!li llmlbr * � - tlockextenslonal 1M "" mI—i Punk Filer and replacement of iM adlacent M9rIUn Legion ' Won o tdock Wnlcn I ! currently �� s, aon a due to mrsunsafe c tlihons 4 A intro dock extension for small vessel Ile up Ms also Duet designed this t � 11 - anec Strum, puDllo dock. r CMstr"tion Is antldpatetl r In IM Spring. 3008 e , CMtft,'" M 6YC[BSSIYI parmll acquisitive. ` OIMr Potential Way310 deal wlln LMg Term Dinghy SlaaW sF. x dnpry Ral ...no, Strhgaine a3so�.w P ,roisct using IMse methods was net approvatl gy a previous City DmWon CounOl -.Ki�� \v LJ` . 1�Yteefrte \lam_ 0 r r 23 Code Enforcement Issues Presented by Harbor Commissioner Karen Rhyne ., rbere ara amm tales don Harbor Resources eoforc. routinary: TM sea lion related sections of the MuMciwl Ca am relatively Hs no: new and reoulre Implerrentallan of deterrent treasures The Reroute! vessel pictured at the left was eventually mmowd from the OMelpn harbor. . TM Fire Code indorcement relative to multiple vessel berthing Is rW1114Iy tudorced on Co ,,Ial propertltsd a d c,Itv.1 beallM1 and safety Issue. Stodd Municipal Code be developed to apply the Fire Cade to resider bal dock.? .I I r = _ Them are some policies that Harbor Resources en orces based on compland such as: -� EncrouMronts W Mw , Vessel o e !hang. Pee pMelau w Some reasons for this approach Include: CMnphaMe with these I.... Is there anforo abla as Code and IM Harbor Comrtmucin and City Attorney be. been .king on a Tide 17 mw,nI. thel will ba Drought beta. the Council for consldamllon... Due to the n by de"J d pre Bay. sore endo agreed upon by dewjopinp neighborly sduti 24 � ,.. .., . I lx Mn d vesaBls Vn1np '. Newport HarnIX anf IbB �: ''�. �mountmmerMn[a lmo rj4er lyllon ctunnah Isa �A.•y nar4y wMhm cl lr�GTlal�p V �• alley... rtupnlNOe �'' OMalon to alk 1M CIIY GMli IN to anwt It vnem a IN Eelm rWe lIX bverNnp? ' a w2or 6ommlvlon 9uMnmminw M wnyannp IM leaelblllry M rontln.1N Inh rob Ip vatlous areal nl the harUOr 25 Draft Revisions to the Mooring Transferability Code Existing 17.22.080 - Transfer of Permit No permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter without the prior written approval of the Harbor Resources Manager. No permittee shall retain any right to use the mooring or buoy after having divested himself of the ownership of the vessel to be moored thereto. Upon such divesting, the ownership in such mooring or buoy shall remain with the permittee, but the right of use thereof shall vest in the City until such time as the City shall grant a permit for such mooring or buoy to another person. The permittee shall remove the mooring or buoy within thirty (30) days after divesting himself of ownership of the vessel to be moored thereto or, upon failure to remove the mooring or buoy, titles shall vest in the City. The City may, thereafter, sell the mooring or buoy. (Ord. 2002 -18 (part), 2002) Purpose This Municipal Code Section recognizes that vessel moorings are intended to provide a low -cost alternative to boat slips in Newport Bay and to provide boating accessibility to a larger segment of the population. Historically, mooring transferability was intended under the Municipal Code to allow an individual mooring permit holder to convey the existing mooring hardware, in designated areas of the Newport Harbor tidelands, and the associated permit, to another individual in conjunction with the sale of a vessel assigned to the mooring. When this system was developed, demand for moorings was minimal. Initially, an individual could request permission to install mooring equipment and would be assigned a location and a mooring number. After two decades a wait list was established in practice, but not established in code. However, as the demand increased over several decades, a significant value was associated with possession of a mooring permit that was far in excess of the value of the mooring hardware. As.the value of the permit increased, the ability to acquire a permit from the wait list decreased significantly. In addition, derelict vessels or dinghies were moved to moorings to serve as placeholders because Municipal Code Section 17.22.100(f) stated that moorings left unused would revert back to city ownership for reassignment to another permittee after 90 days of disuse. Such derelict vessels, and even well -found vessels, came to be sold far in excess of their value to implement a mooring transfer and meet the letter but not the intent of the code. The proposed mooring transfer ordinance accepts that a value is associated with possession of a mooring permit and provides for a revised z transfer process that is fair and equitable to the parties involved and provides for tidelands use fees that assist in funding harbor maintenance projects. The proposed ordinance also stops mooring speculation and outlaws prohibitions on mooring transfers by trusts and estates. Proposed Mooring Transfer Ordinance The permittee identified on a mooring permit ( "Permit Holder") shall be allowed to transfer a permit for a mooring or buoy granted under the provisions of this chapter with the prior written approval of the Harbor Resources Manager, under the procedures set forth below, in conformity with the City of Newport Beach Municipal Code and, for County Moorings, in conformity with the County of Orange Ordinances. WHO MAY BE A PERMIT HOLDER OR TRANSFEREE A. A mooring permit may be held by or transferred to the following Permit Holders, provided that there is only one natural person (identified on the permit by their full legal name, current address, and current telephone number) who will be responsible for all required activities related to each permit: 1. A natural person holding title to an Assigned Vessel (an "Assigned Vessel" is a vessel lawfully registered or documented to the Permit Holder, and otherwise authorized by law to occupy the mooring), or who is in compliance with paragraph B(2); 2. A natural person who obtains title to an Assigned Vessel under a will or other testamentary instrument, and /or under the California Probate Code, provided that subsequent transfer of the mooring remains unrestricted; 3. A family trust holding title to an Assigned Vessel that designates a responsible natural person as required above, provided that the family trust does not prohibit transfer of the mooring; 4. A documented partnership holding title to an Assigned. Vessel that designates a responsible natural person as provided above, provided that the partnership or other operating agreement does not restrict transfer of the mooring; 5. A marine contractor that provides harbor infrastructure services (such as dredging) that designates a responsible natural person as provided above; 6. The Balboa Yacht Club and Newport Harbor Yacht Club (for moorings assigned to them and for moorings within their respectively assigned mooring areas). 7. The Lido Isle Community Association (for shore moorings assigned to it on Lido Island). HOW A MOORING IS TRANSFERRED B. The Harbor Resources Manager shall approve transfer of a mooring permit upon presentation of the documents described below, and upon performance of the following conditions: 1. To transfer a mooring permit, the Permit Holder (or, if the Permit Holder is deceased or incapacitated, the transferee) shall submit to the Harbor Resources Manager: (a) A completed mooring transfer form (on the form published by the Harbor Resources Manager); and (b) Documentation that the transferee qualifies as a Permit Holder under section A. 2. If the transferee of an offshore mooring does not have title to an Assigned Vessel at the time of transfer, then the transferee shall do either of the following: (a) Within 60 days of a transfer, the transferee shall submit a copy of a California Department of Motor Vehicles or other current registration (or in lieu thereof, U.S. Coast Guard documentation of ownership) for an Assigned Vessel, or in the case of a shore mooring, a photograph of the Assigned Vessel if it is not subject to vessel registration laws; or (b) If the transferee is unable to comply with paragraph B(2)(a), the transferee shall provide written notification to the Harbor Resources Manager of intent to not occupy the mooring. The mooring will then be eligible for rental under section D, and will be made available to the transferee following: (1) Compliance with documentation requirements in paragraph B(2)(a); and (2) Submittal of a written 30 day notice of intent to occupy the mooring. 3. If the permit is transferred under section A(2) or A(3), above, the transferee or designee must submit: (a) Written proof of the transferee's or designee's right to become the Permit Holder under section A(2) or A(3), above; and (b) The transferee's or designee's written agreement to defend 4 and indemnify the City of Newport Beach and the County of Orange in any dispute with a third party over the transferee's right to be the Permit Holder. 4. Mooring permit fees shall be paid current; required periodic mooring inspections shall be current; and derelict or unauthorized vessel(s) shall not be on the mooring. RESTRICTIONS ON TRANSFER C. The Harbor Resources Manager shall approve the transfer of a mooring permit provided: 1. The Permit Holder is deceased, or has otherwise divested himself of the ownership of the vessel moored thereto; or 2. The Permit Holder has retained ownership of the vessel and has permanently vacated the mooring; and 3. As to the transfer of an offshore mooring permit, the Permit Holder has not transferred more than one offshore mooring to another Permit Holder during the previous twelve (12) months; and 4. As to the transfer of a shore mooring permit, the Permit Holder has not transferred more than one shore mooring to another Permit Holder during the previous twelve (12) months; and 5. The proposed transferee is not currently the holder of more than two (2) other mooring permits.; and 6. The Permit Holder or transferee provides the appropriate transfer fee to the City of Newport Beach for deposit in the Newport Harbor Maintenance Reserve Fund (NHMRF);and 7. The Permit Holder and the proposed transferee are in compliance with sections A and B. 8. Additional mooring transfers may be allowed at the discretion of the Harbor Resources Manager provided there is no indication of mooring speculation. Subject to availability, providers of harbor infrastructure construction and repair services may hold more than two permits upon proof of reasonable necessity. VACANCIES AND RENTALS D. Except as stated below, Moorings that do not have an Assigned Vessel tied up for more than 30 days are deemed 'Vacant Moorings." Vacant Moorings may be utilized by the City of Newport Beach or County of Orange for short or long -term rental purposes as follows: 1. With the exception of moorings issued to Permit Holders described in sections A(6) and (7), the City of Newport Beach and County of Orange ( "City /County") may rent Vacant Moorings at their discretion, and the Permit Holder may not rent a Vacant Mooring. However, with the advance written approval of the Harbor Resources Manager, the Permit Holder may allow a non - Assigned Vessel to use a mooring for any 30 of 90 consecutive days. 2. Permit Holders without an Assigned Vessel on the mooring for more than 15 days shall notify the City /County of availability of the mooring for rent. 3. The Permit Holder must notify the City /County 30 days prior to returning the Assigned Vessel to its mooring from a long (for purposes of this section, "long" is greater than 60 days) absence. 4. A mooring renter must enter into a mooring rental agreement with the City /County, that includes a written agreement to be responsible for damage to mooring equipment, and that requires the renter to provide proof of liability insurance and marine pollution insurance, registration or other proof of ownership, and an equipment damage deposit, all to the satisfaction of the Harbor Resources Manager. 5. The repair of any damage to the mooring equipment shall be paid by the mooring renter. In the event sufficient funds to make the repairs are not collected from the renter, then the cost of those repairs shall be funded by the NHMRF. 6. Renters shall provide mooring lines which shall be removed at the end of the rental period. 7. A mooring rental agreement is renewable based on availability. Upon return of the Assigned Vessel to the mooring, the City or County will attempt to reassign the renter to another mooring. Renters have no right of renewal or substitute moorings upon return of the Assigned Vessel, or upon termination of a rental agreement for any reason. Renters accept an indefinite term at their own risk. 8. Long -term rental of moorings will be offered to those persons currently on the wait list, as a priority. 9. Persons not currently on the wait list may rent a mooring on a long -term basis, if available, after Vacant Moorings are offered to persons on the wait list. 10. Persons on the wait list who do not accept a rental offering will not lose their position on the wait list. 7 7. No more than 75% of the moorings available for rent can be assigned to long -term rental. 12. The remaining 25% of the moorings available for rent will be rented to transient vessels on a short-term basis. 13. The rental fee will be based on a rate established by the Newport Beach City Council and delineated in the Master Fee Resolution. 14. The rental fee will be deposited in the NHMRF. 15. No liveaboards shall be allowed on long -term rental moorings. WAIT LIST E. The existing mooring wait list will be phased out of use and no "free" moorings will be offered to wait list participants: 1. No additional names will be placed on the wait list effective December 31, 2007. 2. All persons on the wait list will be sent two notices (providing 30 day response time for each) requesting updating of current contact information. 3. If there is no response to the 30 day notices, then the person will dropped from the wait list. 4. Biannual requests for contact information updates will be sent to wait list participants. Persons not responding to the two notice process, as noted above, will be dropped from the wait list. 5. A nominal fee adopted by the City Council in the Master Fee Schedule will be required to remain on the wait list. 6. Revoked, cancelled, returned or abandoned moorings will be offered to persons on the wait list based on a mooring permit reallocation fee established by the Newport Beach City Council and delineated in the Master Fee Resolution. 7. The mooring permit reallocation fee will be deposited in the NHMRF. 8. The mooring permit reallocation fee will be calculated based on 50% of the current market value per linear foot assigned to mooring permits in the most recent harbor fee appraisal survey. 9. If no person on the wait list accepts a mooring permit according to the reallocation process noted above, then the City/County may auction the mooring permit and assign the mooring permit to the highest sealed -bid submitted. SURRENDER F. Surrender of Moorings: 1. Permit Holders may return the permit to the City/ County at any time, and may qualify for a mooring permit return credit. The Permit Holder shall surrender all rights to the mooring upon return of the mooring permit. 2. The mooring permit return credit shall be established by the Newport Beach City Council and delineated in the Master Fee Resolution. 3. The mooring permit return credit will be withdrawn from the NHMRF. TRANSFER FEES G. Mooring Permit Transfer Fees 1. The transfer fee shall be equal to one year's current mooring permit fee (adjusted in accordance with the City Council's adoption of the Master Fee Schedule) for the mooring being transferred, and 2. Exemption to the transfer fee is allowed for transfers among the immediate family (husband, wife, and children). APPEALS H. Appeals 1. Decisions of the Harbor Resources Manager resulting from the Manager's administration of this Chapter may be appealed per the requirements of Chapter 17.42. DRAFT with edits through 10/18/07 1 1 TITLE 17 HARBOR CODE Chapters: 17.01 DEFINITIONS 17.05 GENERAL PROVISIONS 17.10 MARINE ACTIVITIES PERMIT 17.20 VESSEL LAUNCHING AND OPERATION 17.25 BERTHING, MOORING AND STORAGE 17.30 HARBOR USE REGULATIONS 17.35 HARBOR DEVELOPMENT REGULATIONS 17.40 LIVE - ABOARDS 17.45 SANITATION 17.50 HARBOR DEVELOPMENT PERMITS 17.55 DREDGING PERMITS 17.60 HARBOR PERMITS AND LEASES 17.65 APPEALS 17.70 ENFORCEMENT DRAFT with edits through 10/18/07 2 Chapter 17.01 DEFINITIONS Sections: 17.01.010 Effect of Chapter. 17.01.020 Rules for Construction of Language. 17.01.030 Definition of Terms. 17.01.010 Effect of Chapter. For the purposes of this title, the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings herein set forth in this chapter. 17.01.020 Rules for Construction of Language. In addition to the General Provisions of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions may apply singly or in any combination. 3. "Either ... or" indicates that the connected words or provisions shall apply singly but not in combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Newport Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Newport Beach, unless otherwise indicated. 17.01.030 Definition of Terms. A. Definitions: A 1. Alteration Construction. The term "Alteration Construction" shall mean DRAFT with edits through 10/18/07 3 the construction work relating to 20% to 50% of the total replacement value of the dock, as well as other criteria as stated in subsequent sections of this document. Construction estimates and the total value of work on any given project is based on pre - determined values of various work on record and established by the City of Newport Beach. Alteration construction requires city, state and federal approvals. 2. Anchorage, Anchorage Area. The term "Anchorage Area" shall mean any portion of Newport Harbor outside of navigation channels which has been designated pursuant to law and approved by the federal government for the temporary anchorage of vessels, using the vessel's own anchoring tackle. 3. Applicant. The term "Applicant" shall mean the owner of the business or vessel, an authorized representative of the owner or a person as defined further herein. B. Definitions: B 1. Back Bay. See Upper Newport Bay. 2. Bareboat Charter. The term " Bareboat Charter" shall mean any vessel not inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration. 3. Beach. The term "Beach" shall mean the expanse of sand, gravel, cobble or other unconsolidated material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line. 4. Beam. The term "Beam" of a vessel shall mean the width of that vessel. Vessel beams are generally critical at two locations of the boat; i.e., at the waterline where the boat directly interfaces the dock, as well as at the walking deck; i.e., the widest point of the vessel. For the purpose of compliance with any measurement requirements, the beam shall be interpreted as the widest point of the vessel. 5. Berth. The term "Berth" shall mean any location such as a floating dock, slip, side tie, mooring and the related area (berthing area or space) adjacent to or around it, allocated to tie up and /or store a boat. 6. Board. The term "Board" shall mean the Board of Supervisors of the County of Orange as the governing body of the Harbor, Beaches and DRAFT with edits through 10/18/07 4 Parks Department. 7. Breakwater. The term 'Breakwater" shall mean a structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure. 8. Building Director. The term 'Building Director" shall mean the Building Director of the City of Newport Beach, or the Building Directors designee. 9. Bulkhead or Seawall. The term 'Bulkhead" or "Seawall" shall mean the retaining wall that separates dry land areas and water areas. 10. Bulkhead Line. The term 'Bulkhead Line" shall mean the harbor land /water perimeter lines established in Newport Harbor by the federal government which define the permitted limit of filling or solid structures that may be constructed in the Harbor. The establishment of Bulkhead Lines does not necessarily allow the property owner to build to the limits of the Bulkhead Line due to potential environmental considerations established by the State of California and /or the federal govemment. 11. Business or Business Activity. 'Business" and 'Business Activity" shall mean all activities engaged in for gain, benefit, advantage or livelihood to any person, directly or indirectly, including but not limited to, any profession, trade, occupation, employment or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind, transportation of persons as well as goods, communication, renting or leasing real or personal property or that provides any service. C. Definitions: C Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters. 2. Certified Charter. The term "Certified Charter' shall mean any vessel inspected by the United States Coast Guard under Title 46 of the Code of Regulations and which has been chartered for consideration. 3. Channel. The term "Channel' shall mean a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on federal navigation charts, as well as in other sources. DRAFT with edits through 10/18/07 5 4. Chartered for Consideration. The term "Chartered for Consideration' shall mean any vessel which has been hired or leased by the owner, directly or through an authorized representative, to any person for a voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt. 5. City. The term "City" shall mean City of Newport Beach. 6. City Council. The term "City Council' shall mean the City Council of the City of Newport Beach. 7. City Manager. The term "City Manager" shall mean the City Manager of the City of Newport Beach or his or her respective designee. 8. City Tide and Submerged Land. The term "City Tide and Submerged Land" shall mean that area within Newport Harbor granted to the City by the State of California. 9. Coastal Access. The term "Coastal Access" shall mean the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. 10. Coastal Commission. The term "Coastal Commission" shall mean the California Coastal Commission, the state agency established by state law responsible for carrying out the provisions of the Coastal Act and for review of coastal pen-nits on appeal from local agencies. 11. Coastal- Dependent Development or Use. The terms "Coastal - Dependent Development' or "Coastal- Dependent Use" shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from California Public Resources Code, Section 30101). 12. Commercial. The term "Commercial' shall mean any business activity whether the business activity is non -profit or for - profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity. 13. Commercial Fishing Vessel. The term "Commercial Fishing Vessel' shall mean a vessel registered by the Department of Fish and Game pursuant to Section 7880 of the Fish and Game Code of the State of California, when operating under the authority of the Fish and Game permit. 14. Current. The term "Current' shall mean a flow of water in a particular DRAFT with edits through 10/18/07 6 direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy. Currents are often classified by location, such as longshore current, surface current or deep ocean currents. Different currents can occur in the same general area resulting in different water flows. For example, a rip current can flow perpendicular to the shore through the surf zone, a long shore current may flow southerly, parallel to the coast and seasonal deep water current may flow to the north. D. Definitions: D 1. Design Criteria. The term "Design Criteria" refers to "Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities" adopted by the City of Newport Beach, and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City of Newport Beach Building Department may require additional requirements, based on the specific details of a particular application and project. 2. Director. The term "Director" shall mean the Director of the Harbors, Beaches and Parks Department of the County of Orange. 3. Dock. The term "Dock" shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. 4. Dolphin. The term "Dolphin" shall mean a multi -pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks. 5. Dry (Boat) Storage. The terms "Dry Storage" or "Dry Boat Storage" shall mean all on -land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. E. Definitions: E 1. Eelgrass. The term " Eelgrass" shall mean a marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate. 2. Encroachment. The term "Encroachment" shall mean the extension of a building, structure or other improvement, or part thereof, on the property or domain of another. 3. End Tie. The term "End Tie" shall mean berths located on the DRAFT with edits through 10/18/07 7 outermost end of a floating dock structure where the dock is alongside only one side of the boat. The boats associated with an end tie may be situated beyond the Pierhead Line along the channel. 4. Erosion. The term "Erosion" shall mean the wearing away of land by natural forces. On a beach, erosion is the carrying away of beach material by wave action, currents or wind. 5. Estuary. The term "Estuary' shall mean the region near a creek or river mouth in which the fresh water of the river mixes with the salt water of the sea. F. Definitions: F 1. Fairway. The term "Fairway" shall mean an area of water adjacent to slips that feeds into a channel, and which is used for direct access to slips. The fairway water area is defined as lying between the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc...) 2. Federal Channel. The term "Federal Channel" shall mean that area of the Lower Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress on November 11, 1936 as recorded in the 1 st Session of the 75th Congress in 1937. 3. Finger. The term "Finger" shall mean a portion of a floating dock section that is perpendicular to the walkways and is used for tying up and boarding vessels. 4. Fire Chief. The term "Fire Chief" shall mean the Fire Chief of the City of Newport Beach or his or her respective designee. 5. Freeboard. a. Dock System Freeboard. For the purposes of dock systems, the term °Freeboard" shall mean the distance between the water surface and the walking surface of the dock system. Generally two conditions are of interest when referring to freeboard: 1) Dead Load only freeboard, and 2) Dead plus Live Load freeboard. Dead Load refers to the weight of all construction materials and equipment that may be permanently attached to the docks. Live Load refers to the weight of all temporary loads such as pedestrians and berthing loads. b. Vessel Freeboard. For the purposes of vessels, the term "Freeboard" shall mean the vertical distance between the DRAFT with edits through 10/18/07 8 waterline and the top of the deck. 6. Functional Capacity. In terms of wetlands and estuaries, the term "Functional Capacity" shall mean the ability of the wetland or estuary to be self- sustaining and to maintain natural species diversity. G. Definitions: G 1. Gangway. The term "Gangway" shall mean a structure that provides pedestrian access from land to the floating docks. One end is generally attached to the bulkhead, fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide plates, which rest directly on the dock surface. The word "brow" is synonymous with "gangway." 2. Groin. The term "Groin" shall mean a shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A series of groins acting together to protect a section of beach is known as a groin system or groin field. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters is intended to trap and retain and /or reduce the erosion of sand and retard the general erosion of the shoreline and undermining of shore protection structures (bulkheads, riprap slopes, etc... ) H. Definitions: H 1. Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City of Newport Beach. 2. Harbor Lines. The term "Harbor Lines" shall mean all established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state, county and city governments. The Harbor Lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress. 3. Harbor Maintenance Uses, Equipment and Facilities. The terms "Harbor Maintenance Uses, Equipment and Facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in- and -over -water structures; mooring maintenance and repair; waterborne debris and pollution control, collection, and removal. This category also includes environmental, DRAFT with edits through 10/18/07 9 survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor. All vessels under this definition may also be referred to as "work boats." 4. Harbormaster. The term "Harbormaster" shall mean commander of the Orange County Sheriffs Harbor Patrol Division, or successor entity. 5. Harbor Regulations. The term "Harbor Regulations" refers to Title 17 of the Newport Beach Municipal Code. 6. Harbor Resources Manager. The term "Harbor Resources Manager" shall mean the Harbor Resources Manager of the City of Newport Beach, or the Harbor Resources Manager's designee. 7. Harbor Structures. The term "Harbor Structures" refers to any pier, float, piling, bulkhead, seawall, reef, breakwater or any 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 or adjoining waters. 8. Habitat. The term "Habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives. 9. Headwalk. The term "Headwalk" shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead. The term "Marginal Walk" is synonymous with "Headwalk." 10. Houseboat. The term "Houseboat" shall mean any vessel or structure on or in any waterway, floating or non - floating, which is designed or fitted out as a place of habitation and is not principally used for transportation. Definitions: L 1. Launching Facility. The term "Launching Facility" shall mean a generic term referring to any location, structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into and retrieved from the Harbor waters. 2. LCP. See Local Coastal Program. DRAFT with edits through 10/18/07 10 3. Live - Aboard. The term "Live- Aboard" shall mean the use or occupancy of a vessel as a domicile for a period exceeding 72 hours in any thirty (30) day period. 4. Local Coastal Program (LCP). The term "Local Coastal Program" shall mean a local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas, other implementing actions which, when taken together, meet the requirements of, and implement the provisions and policies of the Coastal Act at the local level. 5. Longshore. The term " Longshore" shall mean parallel to and near the shoreline. 6. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of the Bay southerly of the Coast Highway. J. Definitions: M 1. Maintenance Construction. The term "Maintenance Construction" shall mean the construction work relating to no more than 20% of the total replacement value of the dock, as well as other criteria as stated in subsequent sections of this document. Construction estimates and the total value of work on any given project is based on pre - determined values of various work on record and established by the City of Newport Beach. Maintenance construction only requires City of Newport Beach approval. 2. Mainwalk. The term " Mainwalk" shall mean that portion of a dock that serves as a primary pedestrian access to fingers and slips. Fingers are generally attached directly to mainwalks. Mainwalks are generally perpendicular to the bulkhead and headwalk, and may connect directly to a headwalk. 3. Marina. The term "Marina" shall mean a commercial berthing facility (other than moorings or anchorage) in which five or more vessels are continuously wet - stored (in water) and /or dry- stored (on land /racks) for more than 30 days. 4. Marine Activity Permittee. The term "Marine Activity Permittee" shall mean any person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 17.10 of the Newport Beach Municipal Code. DRAFT with edits through 10/18/07 11 5. Marine Sales and Services, Uses and Vessels. The terms "Marine Sales and Services, Uses and Vessels" shall mean related business activities which provide repair, maintenance, new construction, parts and supplies, fueling, waste removal, cleaning, and related services to vessels berthed in, or visiting, Newport Harbor. Typical service uses include, but are not limited to, all uses and vessels described under Section 20.05.050 of the City of Newport Beach Municipal Code. 6. Mean High Water. The term "Mean High Water" shall mean the 19- year average of the higher high water heights (for diurnal tides, high water and higher high water are the same). 7. Mean Higher High Water. The term "Mean Higher High Water" shall mean the 19 -year average of only the higher high water heights. 8. Mean Low Water. The temp "Mean Low Water" shall mean the 19 -year average of the lower low water heights (for diurnal tides, low water and lower low water are the same). Mean Lower Low Water (MLLW). The term "Mean Lower Low Water° shall mean the 19 -year average of only the lower low water heights. MLLW refers to the datum used to define elevations of structures within the bay and along the coastline. For landside developments using a MSL (Mean Sea Level) datum, add 2.76 feet to MSL elevations to equate to MLLW elevations. 10. Mono Pile. The term "Mono Pile" shall mean a normally large diameter pile that is used for mooring large boats that generally cannot be accommodated by floating docks. Generally, mono piles and dolphin piles are used for similar purposes. 11. Mooring. The term "Mooring" shall mean a device consisting of a floating buoy or other object that is secured to the Harbor bottom by an anchor system for purposes of securing a vessel. The term `Mooring" shall mean any appliance used to secure a vessel in Newport Harbor other than a pier, which is not carried aboard such vessel as regular equipment when underway. 12. Mooring Area. The term "Mooring Area" shall mean an area designated for a group of moorings. 13. Motorboat. The term "Motorboat" shall mean any vessel being propelled by machinery. DRAFT with edits through 10/18/07 12 14. Mud Line. The term "Mud Line" shall mean the highest elevation of accumulated sediments adjacent to the structure in question. K. Definitions: N 1. New Construction. The term "New Construction" shall mean the construction work relating to 50% or more of the total replacement value of the dock, as well as other criteria as stated in subsequent sections of this document. Construction estimates and the total value of work on any given project is based on pre- determined values of various work on record and established by the City of Newport Beach. New construction requires city, state and federal approvals. 2. Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. The term "Newport Bay" shall mean the estuary consisting of the Lower Newport Bay and the Upper Newport Bay. 3. Newport Harbor. See also Newport Bay. The term "Newport Harbor" shall mean the water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Marine Park. 4. Non -Profit Organization. The term "Non -Profit Organization" shall mean an entity designated as tax exempt by the Internal Revenue Service or the State Franchise Tax Board. L. Definitions:O 1. Offshore Mooring. The term "Offshore Mooring" shall mean a single or double buoy, weight and chain installed for the purpose of berthing a vessel as provided by Chapter 17.25 of the Newport Beach Municipal Code. 2. Open Coastal Waters. The term "Open Coastal Waters" shall mean the area composed of submerged lands at extreme low -water of spring tide extending seaward to the boundaries of the Exclusive Economic Zone (12 -200 miles). This includes navigation channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay. 3. Operable. The term "Operable" shall mean capable of maneuvering under the vessel's own power from the mooring to a demarcation line designated by the appropriate authority and generally to be defined as the line between the seaward ends of the Harbor Entrance jetties and back to the mooring. DRAFT with edits through 10/18/07 13 4. Operator. The term "Operator" shall mean the person who operates or who has charge of the navigation or use of the vessel. M. Definitions: P 1. Passenger. The term "Passenger" shall mean every person, other than the operator and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel. 2. Permittee. The term "Permittee" shall be the person who holds a validly issued permit under any provision of this title. 3. Person. The term "Person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other legally recognized entity. 4. Pier. The term "Pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip or float, or any other landing facility and floating dry dock. a. Commercial Pier. The term "Commercial Pier" shall mean a pier adjacent to commercially or non - residentially zoned property with single or multiple berths which are rented or leased, including any pier used in connection with marinas, charter facilities, yacht clubs, yacht sales, rental facilities and boat yards. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial. b. Non - Commercial Pier. The term "Non - Commercial Pier" shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting residentially zoned upland property. C. Public Pier. The term "Public Pier" shall mean a pier used for public recreational purposes provided by a public agency. 5. Pierhead Line. The term " Pierhead Line" shall mean the harbor water DRAFT with edits through 10/18/07 14 area perimeter lines established in Newport Harbor by the federal government that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the Harbor. The Pierhead Line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by City Council. Vessels may extend channelward of the Pierhead Line. 6. Planning Director. The term "Planning Director" shall mean the Planning Director of the City of Newport Beach, or the Planning Director's designee. 7. Police Chief. The term "Police Chief' shall mean the Chief of Police of the City of Newport Beach or his or her respective designee or by the City Council. 8. Project Lines. The term "Project Lines" shall mean the harbor water area channel lines of the improvements constructed by the federal government in 1935 -1936, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal Channel" (see City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities.) 9. Property Owner. The term "Property Owner" shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor pursuant to Chapter 17.50. 10. Public Trust Lands. The term "Public Trust Lands" shall mean all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust Lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the Public Trust at any time (from California Code of Regulations, Section 13577). 11. Public Works Director. The term "Public Works Director" shall mean the Public Works Director of the City of Newport Beach, or the Public Works Director's designee. N. Definitions: R 1. Residential. The term "Residential" shall mean those properties that are designated by the zoning code for a residential use, as opposed to commercial. 2. Riprap. The term " Riprap" shall mean a protective layer or facing of DRAFT with edits through 10/18/07 15 rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff. 3. Risk Manager. The term "Risk Manager" shall mean the Risk Manager of the City of Newport Beach, or his or her designee. O. Definitions: S 1. Sail Area. The term "Sail Area" as defined for the purposes of structural analysis or berthing facilities and structural pilings shall mean the area of a boat, above the waterline, that is exposed to wind under tied /berthed conditions. 2. Sailing Club. The term "Sailing Club" shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of sailing club operated boats by its membership. 3. Seaworthy. The term "Seaworthy" shall mean that the vessel's hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. 4. Shore. The term "Shore" shall mean the narrow strip of land in immediate contact with the sea, including the zone between high and low water. A shore of unconsolidated material is usually called a beach. 5. Shoreline. The term "Shoreline" shall mean the intersection of the ocean or sea with land; the line delineating the shoreline on National Oceanic and Atmospheric Administration (NOAA) Office of Coast Survey nautical charts and surveys approximates the mean low water line from the time the chart was prepared. 6. Shore Mooring. The term "Shore Mooring" shall mean a mooring for vessels which are located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline. One end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a mooring buoy located in the water, inside or at the Pierhead Line. 7. Side Tie. The term "Side Tie" shall mean a berth where the dock is alongside only one side of the boat. 8. Slip. The term "Slip" shall mean a berth where the boat has a finger on one side and either another finger or adjacent boat on the other side. DRAFT with edits through 10/18/07 16 Sport Fishing Charter. The term "Sport Fishing Charter" shall mean vessel chartered solely for sport fishing outside of Newport Harbor. 10. Submerged Lands. The term "Submerged Lands" shall mean lands which lie below the line of mean low tide (from California Code of Regulations, Section 13577). P. Definitions: T Tidelands. The term 'Tidelands" shall mean lands that are located between the lines of mean high tide and mean low tide (from California Code of Regulations, Section 13577). 2. Tidelands Trust. The term 'Tidelands Trust' shall mean all tidelands and submerged lands granted to the City of Newport Beach by state or federal legislation and the terms and conditions of any such legislative grant. Turning Basin. The term 'Turning Basin" shall refer to an area, often designated on nautical charts, that is connected to a channel which is large enough to allow vessels to maneuver or turn around. The term "Turning Basin" shall mean that portion of any channel which has been so designated pursuant to law and approved by the federal government, for the purpose of permitting vessels to turn around or permitting their course or direction to be altered therein. Q. Definitions: U Upper Newport Bay. The terms "Upper Newport Bay" and 'Back Bay" are often used interchangeably. The term "Upper Newport Bay" shall mean the area of the Bay northerly of the Coast Highway Bridge. 2. Upland: The term "Upland" shall mean land with a shared property line with and immediately adjacent to Newport Harbor. R. Definitions: V Vessel. The term "Vessel' shall mean and include every description of watercraft used or capable of being used as a means of transportation on water. This includes all vessels of any size home - ported, launched /retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements, except a seaplane on the water. 2. Vessel LengthMidth. The term "Vessel LengthMidth" are terms to DRAFT with edits through 10/18/07 17 describe the overall vessel length (Lo) and overall vessel width (Wo) that include all vessel attachments such as boarding and/or swim steps, bow extensions, sprits, rub rails etc... 3. Vessel Owner. The term "Vessel Owner" shall mean the owner of the vessel as shown on current registration with the Department of Motor Vehicles or the United States Coast Guard. If the vessel is recently purchased, the vessel owner must obtain registration from the Department of Motor Vehicles or United States Coast Guard within six months. S. Definitions: W 1. Walkway. The term "Walkway" shall mean a walkway on a wide portion of the floating dock system that is used for pedestrian access. A walkway can refer to the headwalk, mainwalk and /or fingers. 2. Waters of Newport Harbor. The term "Waters of Newport Harbor" shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned. T. Definitions: Z 1. Zostera marina. See Eelgrass. DRAFT with edits through 10/18/07 18 Chapter 17.05 GENERAL PROVISIONS Sections: 17.05.010 Title. 17.05.020 Purpose. 17.05.030 Applicability. 17.05.040 Administrative Authority. 17.05.050 Duties of the City Manager. 17.05.060 Duties of the Harbor Resources Manager. 17.05.065 Duties of the Harbor Commission. 17.05.070 Establishment of Channels, Turning Basins etc. 17.05.080 Public Trust Lands. 17.05.090 Local Coastal Program. 17.05.100 Coordination with Resource Agencies. 17.05.110 Rules for Interpretation. 17.05.120 Payment of Fees. 17.05.130 Permits Non - Transferable. 17.05.010 Title. This title shall be known as the "City of Newport Beach Harbor Code" and referred to as the "Harbor Code." 17.05.020 Purpose. 1. Preserve the diverse uses of the harbor and the waterfront that contribute to the charm and character of Newport Bay, and that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. 2. Maintain and enhance public access to the harbor water and waterfront areas. 3. Enhance the water quality and protect the marine environment in the harbor. 4. Preserve and enhance the visual character of the harbor. 5. Preserve and enhance historical resources of the harbor. 6. Provide for the ongoing administration and maintenance of the harbor. 7. Recover the costs of services provided to tidelands users and the fair market rental value where appropriate. DRAFT with edits through 10/18/07 19 8. Administer the use of Public Trust Lands in a manner consistent with the Tidelands Trust, the California Constitution, the certified Local Coastal Program, and applicable laws. 9. Implement the policies of the General Plan and certified Local Coastal Program. 17.05.030 Applicability. The provisions of this Title, and any rules and regulations adopted pursuant to this Title, shall be applicable to and within Newport Harbor and all Public Trust Lands under the jurisdiction of the City of Newport Beach, except where otherwise provided in this Title. Any activity or action or use of the harbor is prohibited unless specifically permitted by the provisions of this code, or the Tidelands Trust. 17.05.040 Administrative Authority. The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him; provided, however, that some or all of the duties necessary to be performed in the administration may be performed by the Manager or his deputies or assistants pursuant to a contract providing therefore between the City and the County of Orange. 17.05.050 Duties of the City Manager. The City Manager shall be authorized to: A. Carry out the orders of the City Council and to enforce all harbor regulations ordinances and tidelands trust requirements. B. Order any vessel improperly berthed to change its position or location as he may designate, and in case his orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel, or owner thereof. C. Promptly report to the appropriate federal agency any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters, particularly any encroachment on the waterway by the building of illegal structures, illegal filling or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation. 17.05.060 Duties of the Harbor Resources Manager. It shall be the duty of the Harbor Resources Manager to: DRAFT with edits through 10/18/07 20 A. Act for and assist the City Manager in administering the provisions of this title, coordinating with appropriate department directors for services falling within their respective functions as defined in Title 2 of this Code, and coordinating as required with other governmental agencies and with interested civic associations. B. Administer the harbor- related policies adopted by the City Council and the Harbor Commission, maintaining files and records of all pier permits issued, and to recommend to the City Manager appropriate changes and modifications to harbor - related policies. C. Conduct regular inspections of both public and private facilities and structures located 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, and to recommend action to the City Manager to ensure compliance with this title. D. Issue approvals in concept for development located on tidelands or submerged lands that did not involve a discretionary action authorized by Title 20 of the Newport Beach Municipal Code where the authority is specifically assigned to the City Council, Planning Commission, Planning Director, or Zoning Administrator. 17.05.065 Duties of the Harbor Commission. It shall be the duty of the Harbor Commission to: A. Advise the City Council in all matters pertaining to the use, control, operation, promotion and regulation of all vessels within Newport Harbor. B. Approve, conditionally approve, or disapprove applications on all permits where the City of Newport Beach Municipal Code assigns the authority for the decision to the Harbor Commission. C. Serve as an appellate and reviewing body for decisions of the City Manager on permits, leases, and other harbor related administrative matters where the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission. D. Advise the City Council on proposed harbor related improvements. E. 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 the City Manager. F. 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. DRAFT with edits through 10/18/07 21 17.05.070 Establishment of Channels, Turning Basins, etc. All channels, turning basins, anchorage areas, and Pierhead and Bulkhead Lines in Newport Harbor shall be as established by the federal government or by the City Council upon recommendation of the Harbor Commission. A map thereof shall be kept on file in the offices of the City Clerk and the Harbor Resources Department for public inspection. 17.05.080 Public Trust Lands. A. Applicability. Public Trust Lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the Public Trust at any time. B. Limits On Uses. Public Trust Lands are subject to the Common Law Public Trust, which limits uses to navigation, fishing, commerce, public access, water - oriented recreation, open space and environmental protection. C. Exceptions. State legislation has modified public trust restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island. 1. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of Beacon Bay located within state tidelands to be leased for residential purposes until June 27, 2043. 2. Balboa Bay Club. The Beacon Bay Bill (Chapter 74 of the Statutes of 1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of the Balboa Bay Club to be leased for residential purposes until December 31, 2044. 3. Harbor Island. Chapter 715, Statutes of 1984 allow the filled or reclaimed land on Harbor Island to be leased for non - permanent recreational and landscaping purposes. 17.05.090 Local Coastal Program. A. Discretionary applications shall be reviewed to insure conformity with the policies and regulations of the certified Local Coastal Program. B. All uses of the marine environment shall be carried out in a manner consistent with sustaining the biological productivity of coastal waters and to support populations of all species of marine organisms adequate for long -term commercial, recreational, scientific, and educational purposes. DRAFT with edits through 10/18/07 22 C. Where applicable, development in Newport Harbor shall: 1. Protect, and where feasible, expand and enhance vessel - launching facilities in Newport Harbor. 2. Protect, and where feasible, expand and enhance low -cost public launching facilities, such as trailer launch ramps, boat hoists, commercial landing facilities, and organized recreational boating launch facilities. 3. Provide a variety of berthing opportunities reflecting state and regional demand for slip size and affordability throughout Newport Harbor. 4. Protect, and where feasible, enhance and expand marinas and dry boat storage facilities. 5. Protect shore moorings and offshore moorings as an important source of low -cost public access to the water and harbor. 6. Protect, and where feasible, enhance and expand dinghy docks, guest docks at public facilities, yacht clubs and at privately owned- marinas, restaurants and other appropriate locations. 7. Protect, and where feasible, expand and enhance facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pumpout stations and other features through City, County, and private means. 8. Protect, and where feasible, expand and enhance facilities necessary to support vessels berthed or moored in the harbor, such as boat haul out facilities. 9. Protect, and where feasible, expand and enhance existing harbor support uses serving the needs of existing waterfront uses, recreational boaters, the boating community and visiting vessels. 10. Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that are not provided by the public sector and that are essential to the operation of a harbor. 11. Provide, expand and enhance, where feasible, existing recurring and year round harbor special permits and special purpose uses such as boat shows and boating festivals, boat sales displays and delivery/commissioning facilities. 17.05.100 Coordination with Resource Agencies. In carrying out the provisions of this Title, coordination with the California Coastal Commission, the Army Corps of Engineers, California Department of Fish and Game, DRAFT with edits through 10/18/07 23 U.S. Fish and Wildlife Service, National Marine Fisheries Service, other resource management agencies, and private organizations, as applicable, shall be required in the review of development applications in order to ensure the protection of marine resources. Continue to cooperate with the state and federal resource protection agencies and private organizations to protect marine resources. 17.05.110 Rules for Interpretation. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Harbor Resources Manager shall determine the intent of the provision and issue a written administrative interpretation. An interpretation by the Harbor Resources Manager may be appealed to the Harbor Commission, as provided in Chapter 17.65. 17.05.120 Payment of Fees. Any application for a permit or other approval required by this title shall not be considered complete and will not be processed for approval unless accompanied by payment of all applicable fees established by Resolution of the City Council. All fees shall be established and paid in compliance with this section and Chapter 3.36 of this code. A. Date. All fees required to be paid under any provision of this Title shall be due and payable on a schedule established by the Administrative Services Director. B. Revenue. The revenue resulting from the administration of this title shall be accounted for separately and used exclusively for the purposes authorized to be used for public trust lands. C. Penalty for Failure to Pay Fees. Any owner or permit holder who fails to pay any fee required by this title after same is due shall be subject to a penalty in the amount established in Chapter 3.36. Failure to pay the fee plus any accrued penalty within 120 days of when the fee was due shall constitute grounds for revocation of the permit by the Harbor Resources Manager. D. Administration. The Harbor Resources Manager shall administer the provisions of this Title, except for the collection of fees, which shall be the responsibility of the Administrative Services Director. 17.05.130 Permits Non - Transferable. DRAFT with edits through 10/18/07 24 Unless otherwise authorized in this Title, any permit , license or approval issued under this Title is personal to the person receiving such permit, license or approval and may not be transferred or assigned to any other person without the express written consent of the issuing official or body in compliance the provisions for issuance of such permit, license or approval. DRAFT with edits through 10/18/07 Chapter 17.10 MARINE ACTIVITIES PERMIT Sections: 17.10.005 Findings and Purpose. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. 17.10.025 Exemptions. 17.10.030 Application for Permit. 17.10.040 Filing Fee. 17.10.050 Issuance of Permit. 17.10.070 Power to Impose Conditions; Hold Harmless. 17.10.075 Insurance. 17.10.080 Duration of Permit. 17.10.085 Enforcement, Right of Entry. 17.10.090 Suspension / Revocation. 17.10.095 Appeal. 17.10.100 Transfer of Permit. 17.10.110 Licenses and Fees Not Exclusive. 17.10.120 Application to Existing Commercial Activities. 25 17.10.005 Findings and Purpose. A. Newport Harbor is a limited resource with an extensive existing and growing demand for marine and recreational use; and B. There has been an increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises, boat rentals and water taxi services occurring on the waters of Newport Harbor; and C. Some of these vessels carry a number of passengers and some are owned or operated by persons who do not have a fixed base of operation on or near the bay that can provide adequate boarding, parking or sanitation facilities necessary to serve their clients and customers; and D. Commercial activities on Newport Harbor require City services which may not be paid by the patrons or passengers of commercial operators on Newport Harbor; and E. Commercial activity on Newport Harbor has created an additional demand for available parking and created traffic congestion in and around the waterfront; and F. This commercial activity has sometimes created a level of noise which has interfered with the right of residents, persons who own property and visitors on or near Newport Harbor to the peaceful enjoyment of their property and public DRAFT with edits through 14/18/47 areas; and G. Commercial activity, especially the mix of large craft with limited maneuverability and restricted uplands access, has the potential to interfere with the safe navigation of boats and vessels operating on waters of Newport Harbor; and, H. The requirements of the chapter are necessary to minimize the traffic congestion, parking shortages, excessive noise, and the discharge of waste that could result from unregulated commercial activity and to ensure safe operation within the capacity and constraints of Newport Harbor; and The Harbor and Bay Element of the General Plan establishes an objective to preserve existing commercial uses in Newport Harbor to the extent necessary to maintain and enhance the charm and character of the harbor and to provide support services for visitors, recreational boaters and other water dependent activities by enforcing existing ordinances and, if necessary, establish new standards for the operation of entertainment, sport fishing and work boats; and In adopting this chapter the City Council intends that the health, safety and welfare of those who use, enjoy and own property near Newport Harbor are not adversely affected by commercial activities conducted on those waters and that suitability and capability of the Newport Harbor infrastructure to accommodate future permit dependent operations are adequately considered in permit application processes; and K. Fees and charges imposed on commercial users of Newport Harbor should recover City cost and contribute to major harbor maintenance projects (i.e. dredging); and L. Leases should be used where appropriate to recover the fair market value of the use of public tidelands from holders of permits for marine commercial activities on tidelands properties; and M. To administer the use of public trust lands in a manner consistent with the Tidelands Trust, the California Constitution, the certified Local Coastal Program, and applicable laws. 17.10.020 Permit for Commercial Activities in Newport Harbor Required. A. No person shall operate any charter on the waters of Newport Harbor without first obtaining a Marine Activities Permit pursuant to this chapter. B. No person shall schedule, arrange, or coordinate the operation of a bareboat charter or certificated charter on the waters of Newport Harbor without first obtaining a Marine Activities Permit pursuant to this chapter. DRAFT with edits through 10/18/07 27 C. No person who owns a certificated vessel (a vessel inspected by the United States Coast Guard pursuant to Title 46 of the Code of Federal Regulations) shall permit or allow the use of the vessel as a certificated charter on the waters of Newport Harbor without first obtaining a Marine Activities Permit pursuant to this chapter. D. No person shall operate a bareboat charter or certificated charter on the waters on Newport Harbor without having a valid Marine Activities Permit on board the vessel at all times during the charter. E. No owner of a vessel shall permit that vessel to be used as a bareboat charter on the waters of Newport Harbor unless a valid Marine Activities Permit has been issued for the bareboat charter. F. No person shall engage in, or conduct, any commercial activity on Newport Harbor, unless that person has obtained a permit for such activity pursuant to the provisions of this chapter. 17.10.025 Exemptions. The requirements of this chapter are not applicable to the following: A. Commercial fishing vessels and sports fishing charters traversing on the waters of Newport Harbor to engage in commercial fishing or other operations outside of Newport Harbor; B. A person operating a single vessel as a charter for consideration with six or fewer passengers if the vessel is less than 100 tons, or twelve or fewer passengers if the vessel is greater than 100 tons. C. Businesses operating pursuant to a franchise or lease agreement with the City of Newport Beach. D. Vessels exempted by this section shall not be used for office purposes unless such use is specifically authorized via a permit issued pursuant to this chapter. E. Commercial activities operating pursuant to a permit issued by the Army Corp of Engineers, or a Special Events Permit or Commercial Film Permit issued by the City of Newport Beach. F. Private marinas operating with a commercial pier permit issued by the City. 17.10.030 Application for Permit. An application for permit under this chapter shall be filed with the Harbor Resources Manager, upon forms provided by the City, and shall contain such information which the DRAFT with edits through 10/18/07 28 Harbor Commission or Harbor Resources Manager may require. 17.10.040 Filing Fee. An application or renewal of an application for a Marine Activities Permit shall be accompanied by the fee established by resolution of the City Council. 17.10.050 Issuance of Permit. Upon receipt of a complete application for a Marine Activities Permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager shall refer the application to the Planning Department to verify that all of the applicable Zoning Code regulations or conditions have been addressed or complied with and Public Works to insure safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies. The Harbor Resources Manager may also refer the application to the Harbor Commission, other appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for investigation, report or recommendation. The Harbor Resources Manager may inspect, or cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s), boarding facilities, parking and all upland support facilities listed in the application. The Harbor Resources Manager shall notify applicant of his decision in writing within ninety (90) days from the date on which a completed application is received. Except as provided in this section, the Harbor Resources Manager may issue the Marine Activities Permit upon a determination that approval of the application will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near Newport Harbor. The Harbor Resources Manager shall approve the application unless: A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Harbor by members of the public, or interfere with the rights of those who own property near the waters of Newport Harbor to the peaceful and quiet enjoyment of that property; B. The proposed commercial activity is likely to contribute to the problem of water pollution and /or litter in the waters of Newport Harbor; C. The vessel or craft to be used by the applicant does not satisfy the applicable standards of the United States Coast Guard, or city, county, state or federal requirements of law; D. The proposed commercial activity is likely, when viewed in conjunction with other anticipated charters and marine operations, to create a hazard to safe navigation, or otherwise interfere with the rights of others to use the waters of Newport Harbor; DRAFT with edits through 10/18/07 29 E. The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies for the period subject to permit. For the purpose of this section, parking shall not be considered adequate unless the number of parking spaces required by Chapter 20.66 of the Municipal Code are provided for the duration of the permit and will be available during the days and hours of operation specified by the permit and that any off -site parking arrangements have been approved by the Planning Commission or the Planning Director; F. The commercial activity would violate city, county, state or federal requirements of law; G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity does not provide uplands support, docking or boarding facilities sufficient to safely accommodate the size of vessel(s) or number of passengers indicated on the application; The proposed commercial activity includes an upland use that requires a use permit or other approval under the City Zoning Code and such permit has not been obtained; J. The applicant has a permit which is currently suspended or has been revoked, or a notice of revocation or suspension no longer subject to appeal has been issued within the past ninety (90) days. 17.10.070 Power to Impose Conditions; Hold Harmless. A. In granting any permit pursuant to this chapter, the Harbor Resources Manager, or the Harbor Commission on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using Newport Harbor, the interests of residents and property owners whose properties abut or are in close proximity to Newport Harbor, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall defend, indemnify and hold the City and the County of Orange harmless from any claim for damages, penalties or fines arising out of the exercise of the permit; or the activities of the permittee carried on under the authority of such permit. The Harbor Resources Manager or Harbor Commission, on approval or review, shall have the power to impose new conditions or modify existing conditions with regard to any permit issued pursuant to this chapter upon a determination that the operations by the permittee, in the absence of the new or modified DRAFT with edits through 10/18/07 30 conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near or on the waters of Newport Harbor. B. All pen-nits issued pursuant to this chapter are subject to the following standard conditions: 1. Adequate off - street parking shall be provided for all passengers or patrons of the commercial harbor activity; 2. No passenger loading or unloading is to occur at any fuel dock or public dock; 3. Passengers transported to or from the commercial harbor activity shall not be picked up from, or unloaded on, City streets unless specifically approved by the Harbor Resources Manager; 4. All passengers and provisions shall be loaded and unloaded only from docks or piers where the abutting uplands property is commercially- zoned, unless specifically approved in writing, in advance, by the Harbor Resources Manager; 5. Music and sound from the vessel shall be controlled so as not to disturb a person of normal sensitivity at a point one hundred (100) feet from the hull of the vessel; 6. Music, live entertainment, and all forms of amplified sound are prohibited after ten p.m.; 7. Air homs, whistles, bells, and other noisemaking equipment shall not be used, except as required by Coast Guard regulations; 8. All trash and litter generated by the activity shall be properly disposed of in a private trash receptacle; 9. All vessels in excess of 25 feet in length shall operate within main navigational channels, as far from shore as practical, and the route of travel must be at least one hundred (100) feet from any residence; 10. All vessels equipped with marine sanitation devices shall comply with United States Coast Guard requirements in the use of approved holding tanks for raw sewage, and dye tablets shall be installed in holding tanks during the operation of the commercial harbor activity as required by the Harbor Resources Manager; 11. All federal, state, county and city statutes, rules, ordinances, laws and regulations shall be obeyed; DRAFT with edits through 10/18/07 31 12. All required insurance shall be maintained in full force and effect for the full term of the permit. 13. All signs shall comply with the applicable provisions of Title 20 of this code. 17.10.075 Insurance. Businesses operating on the harbor with a permit issued pursuant to this chapter shall maintain and provide to the City proof of insurance covering its operation, with such policy limits and coverage as established by the City Risk Manager. Proof of insurance must clearly identify the activities and /or vessels covered. 17.10.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance, unless terminated or revoked prior. The Harbor Resources Manager may issue a permit for a shorter duration, provided the applicant meets all the requirements of this chapter for the duration of the period remitted. 17.10.085 Enforcement, Right of Entry. A. Enforcement. It shall be the duty of the Harbor Resources Manager to enforce each and all of the provisions of this title, and the Chief of Police shall render such assistance in its enforcement as may be required from time to time by the Harbor Resources Manager. B. Right of Entry. The Harbor Resources Manager and each and all of his assistants and any police officer or City employee whose job includes the enforcement of this chapter, shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. 17.10.090 Suspension! Revocation. Any permit granted pursuant to the provisions of this chapter may be suspended or revoked, by the Harbor Resources Manager, in whole or in part, upon fifteen days prior written notice to the permittee, directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit shall not be suspended or revoked. The notice shall specify the reasons for the proposed action. A permit may be suspended or revoked on any of the following grounds: A. That the permit holder has made a misrepresentation as to any, material fact set forth in the application; DRAFT with edits through 10/18/07 32 B. For violation of any law, rule, condition of permit or regulation of the United States, the United States Coast Guard, the State of California, the City of Newport Beach, or the County of Orange relating to the commercial activities authorized by any permit issued pursuant to this chapter; C. That the commercial activities of perrmittee adversely affect the health, safety or welfare of those who use, enjoy or own upland property in Newport Harbor; D. That the commercial activities of permittee fall within the criteria for denial of an application, as set forth in subparagraph A through J of Section 17.10.050; E. The permittee has discharged or has permitted or allowed any other person on a vessel operating under the permit to discharge any human or animal excreta from any head, toilet, holding tank or similar facility into the waters of Newport Harbor; F. Failure to continuously maintain insurance in the appropriate coverage and amounts. 17.10.095 Appeal. Appeals of any decision of the Harbor Resources Manager shall be made in accordance with Chapter 17.65. 17.10.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either by assignment, sale, hypothecation, and operation of law or otherwise without permission of the Harbor Commission having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission may impose such conditions as it may determine are in the public interest. 17.10.110 Licenses and Fees Not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. 17.10.120 Application to Existing Commercial Activities. The commercial activities of those holding valid permits issued prior to the effective date of this chapter (March 24, 2006) may be continued to the extent authorized by the prior permit, provided the previously approved commercial activity shall not be increased or DRAFT with edits through 10/18/07 33 expanded beyond the activities conducted as of March 24, 2006, the effective date of this Chapter adopted by Ordinance No.2006 -3 § 2 (part). The holder of a permit issued under Chapter 17.41 (repealed effective March, 2006) shall apply for a renewal of the permit issued under 17.41 as required by this Chapter on or before December 1, 2008 and, shall be issued a permit under this chapter to operate under the previously approved conditions and any condition of this chapter not inconsistent with the operations and activities authorized under the previously issued permit. All Marine Activities Permits issued under this section shall be deemed to meet the requirements of Chapter 17.10 for renewal purposes unless or until such time as the Harbor Resources Manager or the Harbor Commission determines there is a substantial change in the commercial activity. A substantial change may include, but is not limited to the following: A. An increase in or expansion of the operational characteristics of the commercial activity. B. Change in the vessel(s) authorized to operate under the terms of the permit, which change results in an increase in size or capacity of the vessel. C. Change in the maximum number of patrons or passengers authorized to participate in the commercial harbor activity on an authorized vessel. D. Change in the approved off - street parking agreement(s), or loss of parking provided prior to the effective date of this ordinance. E. Change in the physical condition of the dock, gangway or pilings that would compromise the safety of the patrons or passengers. F. Change in the location where the vessel(s) is berthed and/or loads and unloads patrons or passengers and/or provisions for the commercial activity. G. Change in the approved route of travel. H. Failure to correct a violation of the standard conditions imposed pursuant to Section 17.10.070 B. DRAFT with edits through 10/18/07 34 Chapter 17.20 VESSEL LAUNCHING AND OPERATION Sections: 17.20.010 Vessel Launching and Hauling. 17.20.020 Vessel Operation. 17.20.040 Trespass or Injury to Vessel. 17.20.050 Abandoned or Unattended Vessels and Property. 17.20.060 Air Propulsion Vessels Prohibited. 17.20.010 Vessel Launching and Hauling. A. Where Permitted. No person shall launch or remove any vessel from the waters of Newport Harbor over any public seawall, sidewalk, street end or public property, except at locations where a regular business, as authorized under Title 20, of launching and hauling vessels is conducted or at launching sites designated by resolution of the City Council. B. Any person who uses a City Council designated boat launch site shall comply with all of the following: 1. Designated boat launching locations may be used only between the hours of eight a.m. and eight p.m. 2. The use of motors on any vessel or watercraft being launched or recovered shall not be permitted within two hundred (200) feet of such launching sites. 3. Only hand - carried vessels or watercraft may be launched from designated sites. 4. No trailers, dollies, rollers or other mechanical devices may be used for purposes of launching any vessel or watercraft at said locations, or for transporting them on beaches. 17.20.020 Vessel Operation. A. Speed Limit. No owner, operator or person in command of any vessel, except a public officer in the performance of his duty, shall operate the same or permit the same to be operated in any portion of Newport Harbor or the water in the present or prior channel of the Santa Ana River within the City at a rate of speed in excess of five nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except as hereinafter provided. DRAFT with edits through 10/18/07 35 B. Designation of Closed Areas. Whenever the City Manager finds that public safety so requires, he may designate any water area or tidelands or filled lands in or upon which harbor improvement work is being performed as a closed area. Except for persons actually engaged in such harbor improvement work or public officers in the performance of their duty, no person shall enter or remain within or drive or operate any vessel or watercraft into or within any area which has been so designated as a closed area and which has been posted or marked with appropriate signs giving notice thereof. 1. The channel between Bay Island and Balboa Peninsula is designated as a closed area from and including June 1st through September 15th of each year; no person shall operate any motorboat into or through said channel. 2. The Grand Canal is designated as a closed area from and including June 1st through September 15"' of each year; however, the closure shall not apply to vessels berthed at residential piers or moorings located along or within the Grand Canal. C. Restriction of Water Traffic. For such time as necessary preceding, during and after any race, regatta, parade or other event held on the waters of Newport Harbor, or at any other time when the City Manager deems it necessary for the safety of persons, vessels or other property, he shall have authority to restrict or prohibit waterbome traffic in the harbor, and it shall be unlawful to willfully fail or refuse to comply with any order, signal or direction of the City Manager, his deputies or agents. For purposes of this section, waterbome traffic shall mean any object, structure or vessel in contact with the water. D. Towing. It shall be unlawful for any person operating a vessel to tow any object, structure or vessel at a distance in excess of seventy -five (75) feet astern of the towing vessel. 17.20.040 Trespass or Injury to Vessel. A. Damage to Property. No person shall willfully or carelessly destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, sign, notice, navigational marking, or other similar property under the jurisdiction of the City, County, or other governmental agency. B. Boarding Vessel Without Permission. No person shall climb into or upon any vessel moored, docked or anchored in Newport Harbor, without the consent of the owner or other person having charge thereof, except for those authorized by the Director. C. Tampering With Vessel. No person shall willfully injure or tamper with, or break or remove any part of or from, any vessel in the City, or tamper with the lines DRAFT with edits through 10/18/07 36 securing any such vessel, without the consent of the owner or other person having charge thereof, except for those authorized by the Director. D. Tampering With Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel, except for those authorized by the Harbor Resources Manager for the maintenance of harbor operations. 17.20.050 Abandoned or Unattended Vessels and Property. All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to Harbor Resources or the Harbor Patrol. Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the general fund of the City or, if provided by contract with the County, shall be paid to the County Treasurer for the County. 17.20.060 Air Propulsion Vessels Prohibited. A. No person shall operate any vessel on the waters of Newport Harbor if the vessel is powered or maneuvered by means of mechanical air propulsion above the surface of the water. B. The provisions of this section do not apply to the operation of any vessel by any public agency or any person responding to an emergency on behalf of any public agency. DRAFT with edits through 10/18/07 37 Chapter 17.25 BERTHING, MOORING AND STORAGE Sections: 17.25.010 Docking Regulations. 17.25.020 Anchorage, Berthing and Mooring Regulations. 17.25.030 Storage Regulations. 17.25.010 Docking Regulations. A. Docking Permission Required. 1. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge of any such pier. 2. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private without first obtaining a special event permit as required in Chapter 11.03 of this Code. At the Rhine Wharf the Harbor Resources Manager shall have the authority to authorize this activity, via a Rhine Wharf Permit, under either of the following conditions: (1) A commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (2) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. 3. No person holding a harbor development permit issued under the terms of Chapter 17.50 or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a vessel to be made fast to any other vessel which is occupying any pier over which the permit holder has control, except as provided in the exceptions found in paragraph (2) above. B. Obstruction Prohibited. No person shall intentionally obstruct the free access to and departure from any portion of any pier. C. Time Limits. Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous DRAFT with edits through 10/18/07 38 occupancy, congestion or blocking thereof. Where necessary to achieve public use and to avoid extended occupancy, congestion or blocking thereof, the City Manager is authorized and directed to post signs limiting the time during which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to the following: 1. Washington Street pump out pier: bayward and westerly side is twenty (20) minutes, easterly side is two (2) hours and the upland side is twelve (12) hours; 2. Fernando Street pump out pier. bayward and easterly side is twenty (20) minutes, westerly side is two (2) hours and the upland side is twelve (12) hours; 3. Opal Avenue pier. bayward side is twenty (20) minutes, easterly side is two (2) hours, no berthing allowed on the westerly side and the upland side is twelve (12) hours; 4. M, 15th and 19th Streets, Coral, Emerald, Sapphire and Park Avenue piers: bayward side is twenty (20) minutes, the sides are two (2) hours and the upland sides are twelve (12) hours; 5. The Rhine Wharf Park is four (4) hours, subject to the following conditions: a. The Harbor Resources Manager shall have the authority to limit the size of vessels using said facility. b. Vessels using this facility shall be in the actual process of loading, unloading or engaged in temporary repairs. C. The Harbor Resources Manager may authorize an extension of the four hour period where special circumstances dictate such an extension. d. The Harbor Resources Manager shall have the authority to limit the size of vessels and time of use of future facilities developed at the Rhine Wharf. When a sign is in place giving notice of such time limits, no person shall dock a vessel at any such facility for a period of time in excess of that period, or permit any supplies or gear to remain on such facility for a period in excess of that posted on the sign. D. Vessel Tie -up Method. Every vessel berthed at any pier in Newport Harbor shall be fastened in such a manner as to assure the security of such vessel fore and aft at a minimum. DRAFT with edits through 10/18/07 39 E. Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. F. Gangway Required; Lights. Every vessel used for hire while loading or unloading passengers or crew from a pier or from another vessel shall be provided with a gangway with manropes or railings, and from sunset until sunrise any such gangway shall be lighted adequately to provide visibility as long as such gangway is or may be used. G. Dockside Steam Engine Spark Prevention. No person shall use any donkey engine or other steam engine on any pier or vessel within Newport Harbor in loading or unloading vessels or otherwise without a bonnet or spark arrester attached to the smokestack of such engine so as to prevent sparks from coming into contact with the pier or vessel. 17.25.020 Anchorage, Berthing and Mooring Regulations A. Location. No person having charge of any vessel shall berth or anchor the same in Newport Harbor except within the designated areas. Any vessel which is berthed, moored or anchored at a place not designated for such vessel shall be moved as directed by the Harbor Resources Manager. In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless secured both fore and aft except as provided in Section 17.25.020 (1). Every vessel moored or anchored in any part of the harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. B. Application of Chapter. The terrns of this chapter, as they relate to moorings and buoys, shall apply to "on -shore moorings" which are moorings located landward of the Pierhead Line and to "offshore moorings" which are located bayward of the Pierhead Line, with equal force and effect. C. Berthing. 1. Boats berthed at private or public piers shall not extend beyond the projection of the property lines of the property to which the pier is connected in accordance with Section 17.35.020. 2. Any boat berthed at a pier or slip shall not extend bayward a distance of more than the maximum width of its beam beyond the end of the pier, or slip. Between Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats moored at a pier or slip shall not extend more DRAFT with edits through 10/18/07 40 than 15' bayward from the end of the pier or slip or more than the width of the beam of the boat, whichever is less. C. Permit Required. No person shall place, erect, construct or maintain a pier mooring or buoy in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit pursuant to this Title. D. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit except with the permission of the Harbor Resources Manager for temporary use, as herein provided. E. Rental Not Permitted. No mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Manager.. F. Chains and Fastenings. No person shall erect, construct or maintain any mooring in Newport Harbor unless all chains and fastenings are of sufficient size to stand a breaking strain of at least six times the weight of the mooring. 2. All mooring lines on buoys shall be so arranged that when dropped they will immediately sink. With a double mooring, however, it shall be permissible to connect two mooring lines with a spreader line having floats attached thereto to keep said line afloat when the mooring is unoccupied. G. Buoy Markings. Mooring buoys shall be painted with the number allocated thereto by the Harbor Resources Manager to the mooring, the numeral(s) of which shall be at least three inches in height. H. Maintenance. All moorings shall be kept in good and serviceable condition in the location assigned by the Harbor Resources Manager. Mooring, Anchoring and Vessel Condition Requirements. Mooring Anchoring. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stem in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Manager as single mooring areas. Vessels in single mooring areas shall be tied from the bow. Vessel Condition — Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager has cause to believe a vessel is not seaworthy and operable; the DRAFT with edits through 10/18/07 41 Harbor Resources Manager shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor Resources Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Resources Manager determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs within thirty (30) days of the mailing of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbor Resources Manager, upon written request from the permittee specifying the reasons therefore, approves an extension of time to complete the repairs; or (2) remove the vessel within thirty (30) days of the mailing of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Resources Manager may repeat his request to test operability and seaworthiness as needed. 3. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in the City, to maintain, permit, cause or allow to exist on such vessel any of the following conditions: a. Promotion of a fire hazard including but not limited to, improper open fuel storage, deficiencies in the vessels fuel storage tanks, inoperable electrical systems, storage of combustible or other flammable material.that constitutes a fire hazard to any vessel. b. Retention of water that becomes stagnant, unsanitary, polluted or does not comply with the provisions of Chapter 15.09 of the Newport Beach Municipal Code. c. Accumulation or storage of rubbish, trash, debris, rubble, containers, and boxes that is visible aboard the vessel or stored inside the vessel in such away to make the vessel inoperable for its intended use. d. Storage or securing a vessel in such a way that it impedes pedestrian travel on City beaches and tidelands. e. Contribution to hazards to public safety and health such as but not limited to: propagation of vermin, rats, insects, unsanitary conditions from the accumulation of fecal materials. f. Maintenance in such non - seaworthy condition that it is unsafe, unsightly or poorly maintained, including but not limited to: broken windows, unsecured doors and hatches, excessive marine growth attached to the vessel, the vessel is inoperable for its intended use, partially destroyed or partially repaired for more than 3 continuous months, provides access to marine mammals, is actively seeping DRAFT with edits through 10/18/07 42 hazardous or toxic material into the surrounding waters, and would present a physical danger to public safety personal during emergency access. g. Operation of its mechanical or electrical systems creates excess noise, odors, vibrations, fumes, discharges or emissions that constitute an impact on public health or safety. h. Violation of the terms and conditions of other use or rental permits as granted by the City of Newport Beach. L Allowance of repetitive, boisterous or unruly conduct by the vessel operator or occupants when that conduct is: (1) Offensive to a person of ordinary sensibility; (2) continues after a written or oral request to terminate the conduct ;( 3) is offensive to a considerable number of people. j. Anchorage in an area controlled by the City without adequate anchor(s) rope and chain appropriate for the wind and sea conditions encountered in Newport Bay. k. Inability of a vessel on a shore mooring to be self- righting on an incoming tide without flooding the vessel. I. Attachment to a mooring in such a way that the vessel regularly drifts and impedes safe navigation in the bay. m. Installation of a marine sanitation device that is not connected directly to an internal holding tank at all times while in Newport Bay. In the event that the City of Newport Beach determines that a vessel is a public nuisance, the City of Newport Beach may commence public nuisance abatement per Section 10.50 of the Municipal Code. 4. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a moored vessel, the Harbor Resources Manager shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall: (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination; or (2) remove the vessel within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. DRAFT with edits through 10/18/07 43 5. Exceptions. The requirements of this section are not applicable to vessels used in marine construction or marine contracting services. J. Specifications. Specifications for the size of chains required on moorings and weights of moorings shall be adopted by resolution of the City Council. K. Inspection of Moorings. Each mooring shall be lifted by the owner for inspection by the Harbor Resources Manager at least once every two (2) years and shall be repaired so as to be in good condition before being replaced, provided that the Harbor Resources Manager may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting performed by a marine contractor, then the Harbor Resources Manager may authorize said contractor to inspect the mooring in behalf of the Harbor Resources Manager and certify the results to the Harbor Resources Manager in writing. L. Rental Not Permitted. Except as authorized in Section 17.60.040.(B.1.a), no mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Manager. M. Administration. Pursuant to an agreement between the County of Orange and the City of Newport Beach, the Director of the Harbors, Beaches and Parks Department of the County of Orange shall administer all provisions in this section dealing with moorings and buoys, except the revocation of permits by the Harbor Commission and collection of all fees hereafter. 17.25.030 Storage Regulations. Vessel or Trailer Storage on Beaches Prohibited; Exceptions. No person shall store any vessel, watercraft, trailer or other similar object on any public beach in the City except as provided in subsection (A -1). As used in this section, the term "store" shall mean to leave or permit to remain unattended for an extended period of time and not in the possession or control of the owner or user. 1. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: a. Any vessel(s), watercraft and /or related equipment owned and maintained by the City or its contractors which is (are) used in conjunction with recreation programs offered by the City; b. Any vessel(s), watercraft and /or related equipment that cannot feasibly be berthed or moored at a privately owned pier or mooring and is (are) used by a nonprofit corporation for non - commercial purposes provided a vessel storage permit has been approved by DRAFT with edits through 10/18/07 44 the Harbor Resources Manager. A vessel storage permit shall be approved only if there is substantial evidence that the permit would not adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel storage permits are subject to the following standard conditions as well as any additional conditions imposed by the Harbor Resources Manager: (1) The permit shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft or equipment; (2) The permit shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters by the public; (3) The permit shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay; (4) The permit may be revoked by the Harbor Resources Manager, without cause, at any time, upon thirty (30) days written notice to the permittee. C. Any vessel for which a mooring permit has been issued by the City pursuant to Section 17.60.040 provided the vessel remains on the beach only to the extent necessary to load or unload. DRAFT with edits through 10/18/07 45 Chapter 17.30 HARBOR USE REGULATIONS Sections: 17.30.010 Landing of Aircraft. 17.30.020 Loading or Unloading Hazardous Materials. 17.30.030 Live Bait. 17.30.010 Landing of Aircraft. No person shall land or take off from the waters of Newport Harbor with any aircraft without first obtaining a permit from the City Council. Such permit may be issued if the City Council determines that under the circumstances the proposed landing or take off will not create a hazard to life or property. In granting such permit, the City Council may impose such conditions on the exercise thereof as it deems appropriate. 17.30.020 Loading or Unloading Hazardous Materials. No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit from the Fire Chief pursuant to Chapter 9.04: Fire Code of Title 9. 17.30.030 Live Bait. A. Live Bait Receivers Defined. A live bait receiver is an object for confining live bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter 17.50. B. Requirements for Live Bait Receivers. All live bait receivers used within the waters of Newport Harbor shall be provided with screen trays in the bottom thereof so as to retain all dead bait within the receiver which can be raised to dispose of the dead bait. All live bait receivers within the City shall also have a screen or solid cover which fits closely unless the receiver is completely covered by a roof. C. Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three days written notice to the owner of a nonconforming receiver, it may be removed by the Harbor Resources Manager and stored at the expense of the owner. D. Commercial Bait Boats and Receivers. All boats used to catch or furnish live bait DRAFT with edits through 10/18/07 46 or receivers shall, at all times, have aboard a covered receptacle in which shall be placed all dead bait. No person shall commercially operate a bait boat or a bait receiver without first obtaining a Marine Activities Permit pursuant to Chapter 17.10. Bait tanks on such boats when containing bait shall be covered at all times when in Newport Harbor by a cover which fits closely over the top except while bait is actually being transferred to or from the tank. E. Disposal of Bait. No person shall place or allow to be placed any live or dead bait in the unconfined waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing. F. Transfer of Live Bait. No person shall transfer live bait from one vessel to another vessel or sell the same at retail from a vessel within the limits of Newport Harbor, except when all vessels involved are moored to a pier and are within the Pierhead Line, except that during a period of adverse conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a location inside the harbor may be used with the approval of the Harbor Resources Manager. DRAFT with edits through 10/18/07 47 e. aO.' -, . ;r'I ,R ..aFeic :.. ` s a v. e:e : e.- I x . e rt rC,e s �. ;, . • 11 Ml 11 . • N WAKI 11 N11 A OME KIN DRAFT with edits through 10/18/07 48 Chapter 17.35 HARBOR DEVELOPMENT REGULATIONS Sections: 17.35.010 General Provisions for Harbor Structures. 17.35.020 Piers. 17.35.030 Bayward Location of Piers and Floats. 17.35.040 Other Structures. 17.35.050 Bulkheads. 17.35.060 Balboa Island; Non - Commercial Piers. 17.35.070 Areas with Special Harbor Permit Regulations. 17.35.080 Parking Requirements. 17.35.090 Signs. 17.35.010 General Provisions for Harbor Structures. A. Design of harbor structures shall conform to the "Waterfront Project Guidelines and Standards, Harbor Design Criteria — Commercial and Residential Facilities" as adopted by resolution of the City Council and as may be amended from time to time. The applicant may submit an alternative design for review and potential approval of the Building Department prior to the issuance of a harbor development permit using the "Alternate Materials of Design and Methods of Construction" appeal process. B. Protection of Coastal Access and Resources. All harbor structures, including remodels of and additions to existing structures shall be designed and sited to current standards so as not to obstruct public lateral access and to minimize impacts to coastal views and coastal resources. C. Appearance. All structures permitted to encroach into open coastal waters, wetlands and estuaries shall be designed and sited to harmonize with the natural appearance of the surrounding area. D. Eelgrass Protection. The use of materials in pier and dock construction design, materials and methods shall consider minimal impacts to eelgrass and marine habitat. E. Docking Facilities. Docking facilities shall be designed and sited in relationship. to the water's depth and accessibility. F. 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 DRAFT with edits through 10/18/07 49 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, as may be prescribed by the US Coast Guard, they 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. G. Liability for Damages. The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of the use or possession of said works, and in the event any claim is made against the City of Newport Beach or any department, officer, or employee thereof, though, by reasons of, or in connection with such work, permittee shall defend, indemnify and hold them and each of them, harmless from such claim. 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 development 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. Cost for such pollution control will be bome by the permittee. J. Rights to Impose Rental or Other Charges. The approval of permits by the City of Newport Beach shall not constitute a waiver of any rights or requirements which it may now have or hereafter have to impose rental or other charges in conjunction with the maintenance or use 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 non - commercial recreational purposes, unless otherwise directed by state mandate. K. Special Event Permits. If a Permittee proposes a use of the harbor other than that allowed by the Newport Beach Municipal Code, he/she must first obtain a "Special Event Permit" as provided by Chapter 11.03 of the Newport Beach Municipal Code. Upon issuance of the Special Event Permit, the City of Newport DRAFT with edits through 10/18/07 50 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. 17.35.020 Piers. A. Use Regulations. 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 pier. 3. Shore connected piers bayward of residential zoned areas shall be controlled by the Permittee. Vessels moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel waste, or noise disturbances to adjoining residents. 4. Shore connected piers bayward of commercial -zoned areas may be rented pursuant to the provisions of this Title. Only piers and certain patio decks authorized under Section 17.35.020D and their appurtenances shall be permitted bayward of the bulkhead. 6. No private piers shall be permitted at street ends. 7. In single unit and two unit residential districts, only a single pier and slip shall be permitted bayward of each parcel or lot. For multi -unit or mixed use districts, only a single pier and slip shall be permitted bayward of each parcel or lot unless permitted by the Harbor Commission or Planning Commission as appropriate. 8. No new, non - commercial piers on Balboa Island shall be permitted, unless approved pursuant to Section 17.35.060. 9. The City shall provide harbor lines, parcel lines, parcel information, utility easements, and other pertinent information associated with the permitting process, via the City of Newport Beach website at: http://www.citv.newport-beach.ca.us 10. Permits may be granted for joint ownership piers at the prolongation of common lot lines. The permit for joint ownership piers 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. DRAFT with edits through 10/18/07 51 B. Setbacks. 1. All piers and slips for residential properties shall be set back a minimum of five (5) feet from the prolongation of the property line. 2. All piers and slips for commercial properties may extend to, but not past, the prolongation of the property line. 3. The prolongation of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and slips. 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 prolongation of the property line has not been determined and the following conditions exist: a. Where property lines are not approximately perpendicular to the Bulkhead Line. b. Where curves or angles exist in the Bulkhead Line. C. Where bridges, topography, street ends or publicly owned facilities adjoin the property. 4. Setbacks apply to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line. C. Patio Decks. Patios are not permitted to extend over the waters of Newport Harbor unless the waters are adjacent to the upland property and outside the areas described in the Tidelands Trust, and provided the patio complies with the following conditions: 1. The maximum projection of patio decks encroachments beyond the Bulkhead Line shall be limited to 5 feet. 2. The minimum setbacks from the prolongations of the side property lines shall be 5 feet. 3. No float shall be permitted within 2 feet of the decks. 4. No permanent structure shall be permitted on the projecting portion of the patios except: a. Planters and benches not over 16 inches in height. DRAFT with edits through 10/18/07 52 b. Railings not over 42 inches in height with approximately 95 percent open area. 5. A Harbor and Building permit has been obtained. D. Storage Lockers. Storage lockers and boat boxes may be installed on shore - connected piers and floats subject to the following limitations: 1. The overall height shall not exceed thirty (30) inches when located bayward of residential property zones. 2. The overall height shall not exceed thirty (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. 3. The overall height shall not exceed sixty (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. 4. The overall height shall be measured from the deck of the pier or float to the top of the storage locker and overall height to include the enclosed portion of the locker or box. E. Safety Requirements. 1. All commercially operated boat docking facilities shall be equipped with fire fighting facilities as specified by the Fire Code. 2. Any electrical service upon any pier, dock or float shall be installed under a permit obtained from the City of Newport Beach Building Department. 3. 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. 4. 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. F. 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: 1. Any change in type of existing use of the piers and floats. DRAFT with edits through 10/18/07 53 2. Any change in type of existing use of the abutting upland property owned by the permittee. 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. 4. Any destruction of the pier and float in which over 60% of the replacement value of the pier and float has been destroyed. Before the 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. G. Defective Piers. Upon learning that any pier is in a defective or dangerous condition, the Harbor Resources Manager shall immediately so notify the owner or other person having charge of the same in writing, requiring such person or persons to immediately repair it or to put up barriers to prevent persons from going upon it. If such person shall fail or neglect to do so, the Harbor Resources Manager may place barriers as necessary for the protection of the public and charge the cost thereof to such person, and it shall be a violation of this title for any person to interfere with any such barrier. If any pier, or any portion thereof, or any material on such pier, shall fall into the waters of Newport Harbor, it shall be the duty of the owner, agent or lessee of such pier to forthwith remove the same from the waters of the harbor and, if they shall fail to do so, the Harbor Resources Manager may do so and the cost thereof may be recovered from the owner, agent, or lessee of such pier in a civil action. 17.35.030 Bayward Location of Piers and Floats. Piers and floats may not extend beyond the Pierhead Line unless approved by Council Policy as may be amended from time to time. 17.35.040 Other Structures. A. Race Committee Platforms. Race committee platforms and instruction platforms may be constructed bayward of the Bulkhead Line at recognized yacht clubs and recognized sailing schools. All work shall require issuance of a Harbor Development Permit. B. Floating Dry Docks. Permits for floating dry docks may be approved by the Harbor Resources Division, subject to the following conditions: DRAFT with edits through 10/18/07 54 1. The location is in waters bayward of commercial, manufacturing or unclassified zones. 2. The prior approval of a Harbor Use Pen-nit by the Harbor Commission. 3. 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. 17.35.050 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 establishment of Bulkhead Lines does not necessarily allow the property owner to build to the limits of the Bulkhead Line, due to the potential environmental considerations established by the State of California and/or the federal government. The Harbor Resources Division may approve bulkheads located between U.S. Bulkhead Station No. 112 and No. 109, not to exceed the bayward side of the "Vacated East Bay Avenue." U.S. Bulkhead Station No. 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 forty (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 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 construction permits shall be subject to a detailed construction drawing being approved by the Building Department. Drawings and substantially structural calculations shall be signed by a Civil or Structural Engineer. DRAFT with edits through 10/18/07 55 E. The bulkhead shall not be used to support any structure on the abutting upland property unless the bulkhead has been properly designed to cant' 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 113 of the cost of constructing a bulkhead across street ends. G. Bulkheads shall be designed and sited to protect the character of the existing shoreline profiles and avoid encroachment onto public tidelands. H. Maintenance or replacement of existing bulkheads is permitted when expansion or encroachment into coastal waters is limited to the minimum extent necessary to repair, maintain, or replace an existing bulkhead and the backfill is not used to create new usable residential land areas. 17.35.060 Balboa Island; Non - Commercial Piers. A. No new, non - commercial piers on Balboa Island shall be approved unless determined by the Harbor Resources Division and Harbor Commission to be in the public interest. New non - commercial piers, if approved, shall be constructed in strict conformance with this section and the Design Criteria. 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 section 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: 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 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 section or the Council Policy; and 3. 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 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 DRAFT with edits through 10/18/07 56 pending application. The applicant shall provide the Harbor Commission with a list of property owners and envelopes addressed with postage prepaid. 17.35.070 Areas with Special Harbor Permit Regulations. A. Promontory Bay. The following conditions are to be placed on each harbor development permit when approved: 1. That the pennittee shall be responsible and maintain the area delineated on the harbor development pennit free and clear from floating rubbish, debris or litter at all times. 2. 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 development permit. B. Grand Canal. There shall be no permits issued for shore moorings or pier platforrns fronting on alleys, avenues or other public easements terminating on the Canal. There shall be no new permits issued for shore moorings or pier platforrns bayward of those lots at the extreme south end and north end of Grand Canal. The following conditions are to be in effect and placed on each harbor development permit for the Grand Canal: 1. The permittee shall be allowed either one pier platforrn, or in lieu thereof, two shore mooring type appurtenances per lot. Pier platforms and shore moorings shall be constructed according to the Design Criteria adopted by the City of Newport Beach. 2. 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. The permittee shall be allowed no more than one vessel per shore mooring. 4. Any shore mooring approved for the Grand Canal shall display a permit number issued by the Harbor Resources Division. 5. Each vessel tied to any pier platforrn in the Grand Canal shall be anchored from the stem in such a method as to prevent the vessel from swinging into adjoining vessels or across bayward prolongations of private property lines. DRAFT with edits through 10/18/07 57 17.35.080 Parking Requirements. Parking shall be provided pursuant to Chapter 20.66 of the Municipal Code. 17.35.090 Signs. No sign permitted on the tidelands shall exceed 4 square feet in total area except signs permitted pursuant to a lease with the City or under a Marine Activities Permit issued pursuant to Chapter 17.10. DRAFT with edits through 10/18/07 Chapter 17.40 LIVE - ABOARDS Sections: 17.40.010 Purpose. 17.40.020 Live - Aboards Prohibited. 17.40.030 Permits Required. 17.40.040 Application for Live - Aboard Permit. 17.40.050 Issuance of Permit. 17.40.060 Term I Renewal. 17.40.070 Conditions I Regulations. 17.40.080 Use of Pumpout Facilities. 17.40.090 Compliance with Law. 17.40.100 Discharge Log. 17.40.110 Limitation on Number of Permits. 17.40.120 Transfer Prohibited. 17.40.130 Revocation I Cancellation. 17.40.140 Suspension and Revocation. 17.40.150 Procedure for Suspension or Revocation. 17.40.160 Appeal. 17.40.010 Purpose. The City Council of the City of Newport Beach finds and declares as follows: r •i A. This chapter will promote the public health, safety and welfare by regulating the number of persons living aboard vessels on offshore moorings and insuring, to the extent possible, that this residential use does not result in the discharge of human waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the Bay. 17.40.020 Live - Aboards Prohibited. Live - aboards shall not be permitted at piers that are bayward of residentially zoned areas. No person shall live -aboard any vessel on an onshore mooring. 17.40.030 Permits Required. No person shall live- aboard any vessel assigned to an offshore mooring without first having obtained a live- aboard permit from the Harbor Resources Manager. No live - aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. No permit shall be issued to any live -aboard which is not intended to serve as the principal residence of the permittee. For purposes of this section, principal residence shall mean to live -aboard for not less than eight months in any calendar year. DRAFT with edits through 10/18/07 59 17.40.040 Application for Live - Aboard Permit. An application for a live- aboard permit shall be filed with the Harbor Resources Manager upon forms provided by the City and shall contain the following information: A. The name of the permittee and the name(s) of all individuals to be living aboard the vessel; B. All pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel; C. The make, model, and holding tank capacity of the marine sanitation device installed in the vessel; D. The address and phone number where the permittee or other adult living aboard can be contacted during regular work hours or when not occupying the vessel; E. Other information the Harbor Resources Manager reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter. Applications will be accepted only from persons holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this chapter. The submittal of an application for live- aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. 17.40.050 Issuance of Permit. Upon receipt of an application for a live- aboard permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager shall deny the application if: A. The vessel which will serve as the principal residence is not equipped with a fully operational sanitation device sufficient in capacity to insure no discharge of human waste into the harbor; B. Approval of the application would result in live- aboard permits in excess of the limitations provided by this chapter; C. Issuance of the permit, given the specific circumstances of the application, would significantly impact persons residing, working or visiting the Bay; DRAFT with edits through 10/18/07 60 D. The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. 17.40.060 Tenn / Renewal. A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit. B. The application for renewal shall be denied for any of the reasons specified in Section 17.40.050; the permittee has failed to comply with any provision of this chapter during the term of the previously issued permit; or the permittee has failed to use the vessel as permittee's principal residence during the previous term of the permit. C. The issuance of a live- aboard permit is non - transferable and does not create any tenancy between the City and permittee or other persons living aboard, nor does it create any property right to the mooring site. 17.40.070 Conditions / Regulations. A. The Harbor Resources Manager may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter. B. The Harbor Resources Manager shall have the power to promulgate rules and regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live- aboard permit. 17.40.080 Use of Pumpout Facilities. Permttees shall use pumpout facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the bay or on property surrounding the bay except in trash receptacles owned and maintained by the City of Newport Beach. 17.40.090 Compliance with Law. The permittee, and others authorized to live aboard any vessel, shall comply with all applicable state and federal laws, the provisions of the Newport Beach Municipal Code, DRAFT with edits through 10118107 61 and all conditions, express and implied, to the permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for revocation of the permit. 17.40.100 Discharge Log. Each permittee shall maintain a log for the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Harbor Resources Manager at all reasonable hours and upon request. The log shall be submitted to the Harbor Resources Manager with the renewal application. 17.40.110 Limitation on Number of Permits. A. The number of live- aboard permits in effect at any given time shall not exceed seven percent of the number of offshore mooring permits issued by the City pursuant to Chapter 17.60. B. The Harbor Resources Manager shall establish a waiting list of persons who wish to apply for alive- aboard permit. The waiting list shall consist solely of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.60 of the Newport Beach Municipal Code. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live- aboard permits falls below the limit specified in subsection (A) of this section, the Harbor Resources Manager shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. 17.40.120 Transfer Prohibited. No person shall transfer, assign, sell or convey a live- aboard permit. Any attempt to transfer, sell, convey or assign a live- aboard permit shall be a violation of this chapter and grounds for revocation of the permit. 17.40.130 Revocation / Cancellation. DRAFT with edits through 10/18/07 62 The City has reserved the right to cancel live- aboard permits under certain circumstances. Any permit issued pursuant to this chapter shall be deemed cancelled upon revocation of the mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. 17.40.140 Suspension and Revocation. Any permit granted pursuant to this chapter and Chapter 17.60 may be suspended or revoked by the Harbor Resources Manager upon a determination that: The permittee has violated, or failed to comply with, any of the provisions or requirements of this chapter or Title 17; The permittee has discharged raw or treated sewage into the Bay or otherwise violated the provisions of Section 17.40.090 of this chapter; 3. Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and /or resolution of the City Council; 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. 17.40.150 Procedure for Suspension or Revocation. In the event the Harbor Resources Manager determines there may be grounds for suspension or revocation of a permit issued pursuant to this chapter, the Harbor Resources Manager shall give notice of intent to suspend or revoke the permit and the right of the permittee to request a hearing before the Harbor Resources Manager within fifteen (15) working days from the date on which notice is given. The notice shall state the reason for the proposed suspension or revocation and shall be accompanied by any documents in the possession of the Harbor Resources Manager that pertain to the grounds for the proposed action. Notice shall be deemed given when: A. Deposited in the United States mail, first class, postage prepaid, and addressed to permittee at any mailing address specified on the application for permit; B. Personally delivered to permittee; or C. Affixed to permittee's vessel in a conspicuous location, or any combination of the foregoing. If the permittee does not request a hearing within fifteen (15) working days of the date notice is provided, the decision of the Harbor Resources Manager shall be final and permittee shall not be entitled to appeal to the Harbor Commission. DRAFT with edits through 10/18/07 63 17.40.160 Appeal. Appeals to this chapter shall be made in accordance with Chapter 17.65. DRAFT with edits through 10/18/07 64 Chapter 17.45 SANITATION Sections: 17.45.010 Piers, Docks, and Floats. 17.45.020 Required Pumpout Facilities. 17.45.030 Waste And Refuse; Small Vessel Moorage. 17.45.010 Piers, Docks, and Floats. A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit or the required sanitation facilities serving such pier, dock or float has been installed and approved by the City Building Department. The use of a pier, dock or float will not be allowed until any required sanitation facilities are completed and in operation. B. All public or private commercially operated shore - connected boat marinas shall have a minimum of two restroom facilities, one for women and one for men, for each 20 berthing spaces available in the marina. The walking distance from the farthest boat berth to the restroom facility should be minimized to the extent possible, and shall not exceed a maximum of 1,000 feet in overall walking distance. 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 and the Building Department. 17.45.020 Required Pumpout Facilities. A. Findings and Purpose. The City Council finds and declares as follows: On July 14, 1986, the City Council created the Coastal Bay Water Quality Citizens Advisory Committee in response to growing concerns about the deterioration of the quality of water in Newport Bay. The Committee was specifically empowered to develop information, and make recommendations, on proposed measures to improve water quality of the bay. 2. The Coastal Bay Water Quality Citizens Advisory Committee has, since its inception, conducted monthly meetings and received testimony from representatives of the Regional Water Quality Control Board, the Orange County Health Department, the Harbor Master, businesses that utilize Newport Bay, and experts in the field of water quality. DRAFT with edits through 10/18/07 65 3. The Committee has determined, based upon testimony presented to it, that there are valid reasons for concern about contamination of bay waters caused by the discharge of human waste from vessels using the harbor. 4. The United States Environmental Protection Agency has determined that recreational swimmers exposed to waters contaminated by human waste are at a higher risk of developing gastrointestinal diseases. 5. The failure to take steps to control the discharge of human waste into the bay could result in a quarantine for water contact sports, a prohibition against gathering of shellfish from the waters of Newport Harbor and may lead to the onset and spread of disease in humans. 6. The discharge of human waste into the waters of Newport Bay, if allowed to continue, could jeopardize the economic viability of businesses which utilize, or are located on Newport Bay, and severely restrict recreational use of the bay. 7. The number of public pumpout facilities in Newport Harbor to serve the number of vessels using the harbor and the location of those facilities are not convenient to a large number of vessels that require pumpout of holding tanks. Substantial quantities of human waste have been discharged directly into the bay because of the lack of adequate pumpout facilities. 8. The heaviest commercial users of the bay, and those which have the greatest need for adequate pumpout facilities, are sailing clubs, marine activity permittees, and certified charter operations that load and unload passengers at the docks of harbor permittees located in commercial zones. 9. The installation and use of pumpout facilities by the heaviest commercial users of Newport Bay will help insure that bacteria, coliform and human pathogen levels remain below those which would cause the adverse impacts described in this section. B. Pumpout Facility Required. 1. All sailing clubs, marinas with a capacity of fifty (50) or more vessels and marine activity permittees engaged in providing vessels for lease or charter shall install a vessel waste pumpout system solely for the use of vessels associated with that activity. The pumpout facility shall be installed on dock space under the control of the club or permittee with convenient access to all vessels, owned, leased or chartered by the club or permittee. The pumpout facility shall have a capacity commensurate DRAFT with edits through 10/18/07 66 with the capacity of the holding tanks of the vessel or vessels of the club or permittee. 2. All pumpout facilities required by this chapter shall be installed pursuant to permit issued by the Harbor Resources Manager. Application for permit shall be made on forms prepared, and furnished, by the Harbor Resources Manager. No fee shall be charged for the issuance of the. pumpout facility permit or any other permit required prior to installation. 3. The application for permit shall be accompanied by appropriate plans and specifications setting forth in detail the work to be done. 4. The application, plans and specifications required by this chapter shall be reviewed by the Harbor Resources Manager to determine if the proposed work meets all requirements of this chapter and other provisions of the Newport Beach Municipal Code. The Harbor Resources Manager shall issue the permit if the proposed pumpout station complies with all applicable ordinances, rules and regulations. A separate permit will be required from the Building Director prior to installation of the pumpout facility. C. Maintenance. Permittee shall maintain the pumpout facility in good condition and repair at all times. 17.45.030 Waste And Refuse; Small Vessel Moorage. A. Discharge of Excreta. No person shall discharge, permit or allow any other person on a vessel under his control or command to discharge any human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay. B. Vessel Holding Tank Requirements. 1. Vessel Wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of Newport Bay unless it complies with all applicable federal, state, county and city standards. 2. Marina Pumpout Facilities. The owner and operator of every commercial marina with a capacity of fifty (50) or more vessels shall provide a permanent holding tank pumpout facility or equivalent services which are operable and available for use at all times and which are capable of servicing all vessels berthed, docked, or moored at the marina. C. Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from DRAFT with edits through 10/18/07 67 the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description, into the navigable waters of Newport Harbor or on the shore of Newport Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise. D. Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport Harbor within the City. The Harbor Resources Manager may remove the same with or without notice, at his option, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline, in a civil action. E. Refuse — Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier, shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times. F. Discharge of Flammable Materials. No person shall pump or discharge from any vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter or articles of any similarly offensive character therein or upon any pier or street leading to such facility. G. Dead Animals. No person shall throw, place or leave any dead animal or putrefying matter in the waters of Newport Harbor, or on or along the shore thereof or the shore of any tidewater within the City. H. Signs Concerning Sanitation Regulations. The owner or operator of any commercial boat docking facility or marina located on the waters of Newport Bay shall install and maintain at his expense in conspicuous locations on the premises thereof standard signs to inform the public of the regulations prohibiting the discharge of toilets on any vessel into the waters of Newport Bay and other provisions of this title which relate to harbor sanitation. Uniform standards and specifications for the design and general locations of such signs shall be prescribed by the Harbor Commission. DRAFT with edits through 10/18/07 68 Chapter 17.50 HARBOR DEVELOPMENT PERMITS Sections: 17.50.010 Permits Required For Harbor Structures. 17.50.020 Application For Harbor Development Permits. 17.50.030 Processing of Application. 17.50.040 Rendering of Decision. 17.50.050 Permit Conditions. 17.50.060 Bond Requirements. 17.50.070 Transfer of Permit. 17.50.080 Expiration, Extension, Violation and Revocation. 17.50.090 Structure Without Permit Declared a Nuisance; Abatement. 17.50.100 Securing of Structures. 17.50.110 Appeal. 17.50.010 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 or excavating in said waters or ocean, without first obtaining a written "Harbor Construction Permit' from the City. Painting, replacement of rub - rails, and work considered cosmetic in nature may not require a permit and may be governed by state and federal environmental policy and law. B. The County of Orange 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 owned by the County or pursuant to a request therefore by the City Council. C. A separate permit will be required by the Harbor Resources Division for dredging (see Chapter 17.55: Dredging Permits). 17.50.020 Application For Harbor Development Permits. A. Required Forms. Applications for authority to erect, revise and do maintenance work on structures shall be filed in the office of the Building Department and the Harbor Resources Division in writing on forms prescribed by the Building Director. Plans showing the location, extent and character of the proposed work and required fees shall accompany the application. The Building Department shall not issue a permit without prior approval of the Harbor Resources Division. DRAFT with edits through 10/18/07 69 B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Building Director. The Building Director may request additional materials deemed necessary to support the application. Plans accompanying the application must comply with the Uniform Administrative Code adopted by the City of Newport Beach C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. The application must be signed by the Harbor Permittee or his authorized agent. The applicant has the opportunity of submitting "Alternate Materials of Design and Methods of Construction" that may deviate from the Design Criteria through the appeal process. Sufficient justification must be provided to the City to review any appeal request. If such a request is desired, obtain the necessary form from the City. D. Fees. Applications shall be accompanied by a fee as established by resolution of the City Council. 17.50.030 Processing of Application. A. The application and plans and specifications shall be reviewed by the Harbor Resources Manager and Building Department to determine whether the proposed work meets all the requirements of this Code and any standards and policies adopted by the City Council or required by state or federal regulatory agencies for such construction or work. B. Approval by Other Agencies. 1. Coastal Commission. Proof of prior approval, when applicable, from the California Coastal Commission shall be required before issuing any permit. 2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of Engineers will be required. 3. County of Orange. Proof of prior approval of the County of Orange will be required when work extends over County tidelands. 4. Approval in Concept. All development in areas where the Coastal Commission retains coastal development permit authority shall require conceptual approval from the Harbor Resources Manager prior to application to the Coastal Commission. An approval in Concept from Harbor Resources indicates the proposed development conforms in DRAFT with edits through 10/18/07 70 concept to all applicable provisions of this title only and does not provide approval for any applicable land use and property development regulation. C. 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 Chapter 17.65: Appeals. D. 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. 17.50.040 Rendering of Decision. A. Approval. The Building Department is authorized to approve and issue new permits and revisions to existing permits that conform to the Design Criteria and all applicable standards and policies in conjunction with plan reviews by the Harbor Resources Division. B. The application shall be denied if: The application does not conform to the provisions of this Code, the Design Criteria approved by the City Council; or 2. The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners. 3. The proposed application does not conform to the policies and regulations of the certified Local Coastal Program. 17.50.050 Permit Conditions. A. In granting any such application, the Harbor Resources Manager shall issue the permit to the owner or long term lessee of the abutting upland property and may impose conditions in the permit which are deemed necessary to protect commerce, navigation or fishing, or the use, operation or development of Newport Harbor. B. When appropriate where projects involve construction on or near the waterway, eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be required as a condition of City approval of projects in the Newport Bay. The DRAFT with edits through 10/18/07 71 Southern California Caulerpa Action Team (SCCAT) shall be immediately notified if Caulerpa taxifolia is found. C. 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. D. Inspection. Inspection shall be done by the Building Department for conformity with the California Building Code, Design Criteria and the approved plans. 17.50.060 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 120 percent of the estimated cost of the work will be required to guarantee the faithful performance of the proposed work. 17.50.070 Transfer of Permit. Permits shall only be issued to and held by the owner or long term lessee of the abutting upland property. The permittee shall not transfer a pen-nit without prior written approval of the City and payment of fees as established by Resolution of the City Council. No person who as an abutting upland owner or lessee of real property was granted a permit under the provisions of this chapter for a pier or similar structure shall retain any right of use in such pier, or similar structure after having divested himself of the ownership or leasehold interest in such real property. Upon such divesting, the ownership interest in such pier, float or similar structure shall remain with the person to whom the permit was granted, but the right of use thereof shall vest in the City until such time as a permit for such pier, float or structure is granted to another person. Except where rights of ownership or use have heretofore been judicially decreed, no person may heretofore or hereafter gain any rights of ownership or use of any such pier or similar structure by any purported transfer made without such prior written approval of the City. The Harbor Resources Manager is authorized to approve transfers of permits. 17.50.080 Expiration, Extension, Violation and Revocation. A. Expiration. All construction permits shall expire unless the work contemplated shall have been completed within 180 days from the date of approval per the Uniform Administrative Code adopted by the City of Newport Beach. B. Violation of Terms. Any permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such pen-nit are violated, or if any law or ordinance is violated in connection therewith. DRAFT with edits through 10/18/07 72 C. Revocation. Procedures for revocation shall be as prescribed by Chapter 17.70: Enforcement. 17.50.090 Structure Without Permit Declared a Nuisance; Abatement. Every structure maintained in or over the waters of Newport Harbor or the Pacific Ocean without a current valid permit existing therefore when required by this chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit, shall constitute a nuisance and shall be immediately abated and may be removed. If upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified in the notice, being not less than five nor more than thirty (30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from the owner of such structure in a civil action. 17.50.100 Securing of Structures. If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Manager shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and /or any vessel or other appurtenances attached to the structure within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. 17.50.110 Appeal. Appeals to this chapter shall be made in accordance with Chapter 17.65. DRAFT with edits through 10/18/07 73 Chapter 17.55 DREDGING PERMITS Sections: 17.55.010 Permit Required. 17.55.020 Application For Dredging Permits. 17.55.030 Limits on Development. 17.55.040 Limits On Uses. 17.55.010 Permit Required. A. Dredging bayward of residential and commercial property shall be the responsibility of the Harbor Permittee for the area delineated by the bayward prolongations of upland side property lines and the U.S. Project Line. All such dredging will require a dredging permit from the Harbor Resources Division and other agencies with jurisdictional authority and may be subject to engineering approval by the Public Works Department. B. Dredging outside the established harbor lines will require prior approval by the Harbor Resources Division and the U.S. Army Corps of Engineers. 17.55.020 Application For Dredging Permits. A. Required Forms. Applications for dredging permits shall be filed in the office of the Harbor Resources Division in writing on forms prescribed by the Harbor Resources Manager. B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Harbor Resources Manager. Applications shall include the following: 1. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys. 2. Grain size analysis. 3. Identification of the dredge disposal site and dredge quantities. 4. Any other materials the Harbor Resources Manager deems necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an DRAFT with edits through 10/18/07 74 authorized agent if written authorization from the owner of. record is filed concurrently with the application. D. Fees. Applications shall be accompanied by a fee as established by resolution of the City Council. 17.55.030 Limits on Development. Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted under the following circumstances: A. Only if there is no feasible, less environmentally damaging alternative. B. If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects. C. Dredged materials suitable for beneficial reuse shall be transported for such purposes to appropriate areas and placed in a manner that minimizes adverse effects on the environment. The permittee shall be encouraged to work with the City in making sure materials are available for harbor beach replenishment. D. Diking, filling or dredging projects shall sustain the functional capacity of the wetland, or estuary. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following: 1. That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long -term stability of the ecosystem; i.e., natural species diversity, abundance, and composition are essentially unchanged as a result of the project. 2. That the project does not harm or destroy a species or habitat that is rare or endangered. 3. That the project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary. 4. That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or non - consumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem. E. Dredging and dredged material disposal shall avoid significant disruption to marine and wildlife habitats and water circulation. 17.55.040 Limits On Uses. DRAFT with edits through 10/18/07 75 Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the California Public Resources Code (Coastal Act) and the certified Local Coastal Program (see Section 20.76.040 of Title 20: Diking, Filling, and Dredging Projects). DRAFT with edits through 10/18/07 76 Chapter 17.60 HARBOR PERMITS AND LEASES Sections: 17.60.010 Permits and Public Trust Lands Leases; General. 17.60.020 Application For Permits. 17.60.030 Annual Pier Permits For Non - Commercial Piers. 17.60.040 Mooring Permits. 17.60.050 Houseboats. 17.60.060 Public Trust Lands Leases. 17.60.080 Appeal. 17.60.010 Permits and Public Trust Lands Leases; General. The State of California became the owner of tidelands on admission- to the union in 1850. The City manages those tidelands pursuant to various legislative grants from the state. The State Lands Commission, which administers tidelands, generally requires a trustee to negotiate leases on the basis of the current market value of the parcel. Failure of a trustee to receive consideration approximating the fair market value of leased tidelands could, under certain circumstances, be considered a violation of the legislatively imposed Public Trust. The City manages the tidelands through a series of permits, franchises and leases. The Harbor Resources Manager shall have the authority approve, conditionally approve, or disapprove applications for the uses and activities that require a harbor permit by the individual chapters of this code, unless the authority is specifically assigned to the Harbor Commission or the City Council. 17.60.020 Application for Permits. A. Required Forms. Applications for permits which pertain to the harbor under the provisions of this Title shall be filed in the office of the Harbor Resources Division, in writing, on forms prescribed by the Harbor Resources Manager. B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Harbor Resources Manager. The Harbor Resources Manager may request additional materials deemed necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. DRAFT with edits through 10/18/07 77 D. Fees. Applications and renewals shall be accompanied by a fee as established by resolution of the City Council. E. Commercial Users. Commercial uses of public tidelands shall be subject to rental or lease charges reflective of the fair market value related to such use as established by appraisal. 17.60.030 Annual Pier Permits for Non - Commercial Piers. A. Pier Permits. Permits for piers and other structures used for non - commercial purposes in Newport Harbor shall be renewed annually in order to maintain comprehensive records concerning such structures, conduct periodic inspections, and enforce all applicable laws and regulations, and administer public trust lands. B. Fees. 1. Fee Required. Every owner or permit holder who maintains a pier used for non - commercial purposes, any part of which extends into the waters of Newport Harbor, including any pier located on private property, on a dedicated channel, or County tide and submerged lands, shall pay to the City an annual pier permit fee. 2. Fee Schedule. 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. G. Transfer of Non - Commercial Annual Pier Permits. 1. 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. 2. 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 as established by resolution of the City Council. 3. The Harbor Resources Division is authorized to approve transfers to the new owners or long -term lessee of the abutting upland property. 4. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and DRAFT with edits through 10/18/07 78 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. 17.60.040 Mooring Permits. A. Permit Required. No person shall place, erect, construct or maintain moorings or buoys in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a mooring permit from the Harbor Resources Manager. Any work described and authorized in the permit must be completed within sixty (60) days after issuance of the pen-nit. B. Issuance of Permit; Conditions. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Manager shall be issued to the permittee, specify the vessel for which the permit is issued and provide that the permittee may change the vessel for which the permit has been issued upon written notification to the Harbor Resources Manager, and which permit shall allow the permittee to moor only the vessel owned by him and assigned to the permit to such mooring or buoy. 1. Exceptions: a. Permits issued to Yacht Clubs in Single Point Mooring Areas. When a permit is issued to a yacht club in a single point mooring area, the club shall be permitted to assign the mooring to one of its members. The club shall keep a record of the person and vessel to which the mooring has been assigned. b. Mooring of a tender. A vessel no longer than fourteen (14) feet in overall length may be secured to the permitted vessel or may be secured to the mooring in the absence of the permitted vessel. C. Multiple Vessel Mooring System Pilot Program. The Harbor Resources Manager may approve Multiple Vessel Mooring Systems in single point mooring areas of Newport Harbor during the duration of this pilot program. A Multiple Vessel Mooring System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter in overall length than the side of the platform to which the vessel is to be moored. An application for a Multiple Vessel Mooring System shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have established. Newport Beach Municipal Code Section 17.60.040 (B) DRAFT with edits through 10/18/07 79 (1) (c) shall remain in effect only until June 30, 2008, and as of that date is repealed, unless a later enacted ordinance, that is enacted before June 30, 2008, deletes or extends that date. Prior to June 30, 2008, the Harbor Resources Manager shall present a report to the City Council recommending that the program either be made permanent, modified, or allowed to expire. C. Plans and Specifications Required. No permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed: 1. In accordance with standard plans and specifications approved by the Harbor Resources Manager and at a location approved by the Harbor Resources Manager, or; 2. In accordance with other plans and specifications for said mooring or buoy which have been submitted by the applicant, showing the construction of said proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbor Resources Manager. E. Unpaid Fees. When the permittee is in arrears for a period of one hundred twenty (120) days or more, the Harbor Resources Manager may, at his discretion, cancel the permit upon five (5) days written notice to the permittee by first -class mail to the address shown on the permit. If the mooring is not removed by the permittee within thirty (30) days after cancellation of the permit, then it shall be deemed abandoned and the title thereto shall vest in the City. F. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit, except with the permission of the Harbor Resources Manager for temporary use, as herein provided. G. Transfer of Permit. No permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter without the prior written approval of the Harbor Resources Manager. No permittee shall retain any right to use the mooring or buoy after having divested himself of the ownership of the vessel to be moored thereto. Upon such divesting, the ownership in such mooring or buoy shall remain with the permittee, but the right of use thereof shall vest in the City until such time as the City shall grant a permit for such mooring or buoy to another person. The permittee shall remove the mooring or buoy within thirty (30) days after divesting himself of ownership of the vessel to be moored thereto or, upon failure to remove the mooring or buoy,. titles shall vest in the City. The City may, thereafter, sell the mooring or buoy. H. Revocation of Permit. DRAFT with edits through 10/18/07 80 1. Grounds for Revocation. Any permit granted for a mooring or buoy in Newport Harbor may be revoked upon any of the following grounds set forth in Section 17.70.020 or for any of the following: a. The mooring or buoy has fallen into a state of disrepair; b. The vessel assigned to the mooring has been determined not to be seaworthy or operable or has been determined to be a public nuisance and the owner has not made the necessary repairs within the time required by this chapter; C. The mooring permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable or a public nuisance; d. Living aboard a vessel assigned to a mooring without a Live - aboard Permit. 2. Notice and Hearing. In the event the Harbor Resources Manager determines there are grounds to revoke a permit issued pursuant to this Chapter, the Harbor Resources Manager shall proceed in the manner described by Section 17.70.020. 3. Upon revocation, it shall be the duty of the owner of the mooring to immediately remove the mooring. If not removed within thirty (30) days, said mooring and vessel may be removed by the Harbor Resources Manager and the cost of mooring and vessel removal shall be paid by the mooring permittee, and the same may be collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the mooring. 4. If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbor Resources Manager. 17.60.050 Houseboats. A. Moorage Restrictions. No person shall moor or dock a houseboat on the waters of Newport Harbor. B. No person shall use or occupy or permit the use or occupancy of a houseboat for living quarters either permanently or on a temporary basis on the waters of Newport Harbor. 17.60.060 Public Trust Lands Leases. The following restrictions shall apply to leases of public trust lands DRAFT with edits through 10/18/07 81 A. Leases. In the event public trust lands are used for commercial purposes by an entity other than the City, then that entity shall enter into a lease with the City. The City shall, upon Resolution of the City Council, transition any such lands currently operating under a permit to leases. Such leases shall provide lessees with a leasehold interest in the property for a period of at least five (5) years, not to exceed a period of time as limited by the City Charter or applicable state law. B. Land Use. Leases shall be for uses consistent with the public trust and Section 17.05.080. Preference shall be given to coastal- dependent uses. C. Public Access. Public access shall be provided in a manner consistent with Chapter 20.74 of Title 20: Public Access and Recreation. D. Revenue. Rent under this Section shall be based upon fair market value, as determined by the City Council. Such determination shall be based upon the findings of a City selected appraiser. 17.60.080 Appeal. Appeals to this chapter shall be made in accordance with Chapter 17.65. DRAFT with edits through 10/18/07 82 Chapter 17.65 APPEALS Sections: 17.65.010 Authorization. 17.65.020 Time Limits. 17.65.030 Initiation. 17.65.040 Procedures. 17.65.010 Authorization. Decisions of the Harbor Resources Manager resulting from the Managers administration of this code may be appealed to the Harbor Commission by any interested person. Decisions of the Harbor Commission may be appealed to the City Council by a member of the City Council pursuant to the provisions of this chapter. 17.65.020 Time Limits. Appeals shall be initiated within fourteen (14) days of the decision. 17.65.030 Initiation. A. Filing of Appeals. Appeals of decisions of the Harbor Resources Manager shall be made in writing to the Harbor Resources Manager. B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. C. Effect on Decisions. Decisions that are appealed shall not become effective until the appeal or review is resolved. 17.65.040 Procedures. A. Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within thirty (30) days of the filing of the appeal unless both applicant and appellant body consent to a later date. B. Notice and Public Hearing. An appeal hearing shall be a public hearing if the decision being appealed required a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed. C. Plans and Materials. At an appeal hearing, the appellate body shall consider only the same application, plans and project related materials that were the subject of the original decision. DRAFT with edits through 10/18/07 83 D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant and any other interested party. E. Required Findings. At an appeal hearing, the appellate body shall make the findings prescribed in the individual chapters of this Code when affirming, modifying or reversing the original decision. F. Decision and Notice. After the hearing, the appellate (or reviewing body) shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) days of the close of the hearing. The Harbor Resources Manager shall mail notice of a Harbor Commission decision and the City Clerk shall mail a notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant. DRAFT with edits through 10/18/07 84 Chapter 17.70 ENFORCEMENT Sections: 17.70.010 Declaration of Nuisance; Abatement. 17.70.020 Revocation of Permit. 17.70.010 Declaration of Nuisance; Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this code, and any use of any land, water, building or premises established, conducted, operated or maintained contrary to the provisions of this code, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this code. 17.70.020 Revocation of Permit. A. Ground for Revocation. Any permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds: 1. The work, structure, use or activity has become detrimental to commerce, navigation or fishing; 2. The work, structure, use or activity is detrimental to the use, operation or development of the harbor; 3. The work, structure, use or activity has become a source of pollution of the harbor; 4. The work, structure, use or activity does not comply with the permit or does not meet the standards adopted by the Harbor Commission for such work or structure; 5. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists; DRAFT with edits through 10/18/07 85 6. The work or structure has fallen into a state of disrepair; 7. The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use; 8. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. 9. The work, structure, use or activity violates the terms of the Tidelands Trust Grants to the City. B. Notice and Hearing. Any such permit shall be revoked only after a public hearing before the Harbor Commission at which the permittee has an opportunity to be heard. At least fifteen (15) days notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. The Harbor Commission may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor Commission findings and recommendations to be considered by the Harbor Commission. The Harbor Commission shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a Hearing Officer has been appointed, within forty -five (45) days from the date on which the Harbor Commission receives the findings and recommendations of the Hearing Officer. The decision of the Harbor Commission shall be final. C. Decision and Notice. Within 10 days of the conclusion of the hearing, the Harbor Commission shall render a decision. The City Clerk shall notify the permittee or applicant of the-decision of the Harbor Commission. D. Effective Date. The decision to revoke a permit shall become final 14 days after the date of decision, unless appealed. E. Rights of Appeal. Appeals shall be as prescribed by Chapter 17.65: Appeals. CITY OF NEWPORT BEACH WATERFRONT PROJECT GUIDELINES AND STANDARDS HARBOR DESIGN CRITERIA COMMERCIAL & RESIDENTIAL FACILITIES 1 jp \\ oR 2007 EDITION oR 2007 EDITION City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities October 2007 REVISION LOG Revision Date Comments By Approved B A 07/08/04 "DRAFT" Issued For Review R. Mason B 09/05/04 "DRAFT" Re- issued For Review R. Mason C 09/23/04 "DRAFT" Re- issued For Review R. Mason D 10/05/04 "DRAFT" Re- issued For Review R. Mason E 11/27/04 Revised per City Review comments R. Mason F 12/13/04 Revised Based on 12/10/04 Coord. Mtg R. Mason G 3/1/05 Issued for Distribution R. Mason H 10/11/07 Revised per City Attorney Review of Title 17 T. Rossmiller 1 2 3 4 5 6 7 8 TABLE OF CONTENTS Page HARBOR DESIGN CRITERIA General............................................................................................... ............................... 4 I. Waterside Development .......................................................... ..............................4 A. Docks .......................................................................... ..............................4 1. Alternative Berthing Geometries .................... ..............................4 2. Layout and Design (Commercial & Residential) .........................5 General........................................................... ............................... 5 Slip and Boat Overhang Into Adjacent Fairways .........................5 Finger and Walkway Widths .......................... ..............................5 Table No. 1: Minimum Finger Widths .... ..............................6 Single and Double -Wide Slips ........................ ..............................7 Vessel"Rafting„ ............................................. ..............................7 LongDocks ..................................................... ..............................7 LoadingCriteria .............................................. ..............................7 Graph No. 1: Wind Load, Vessel Profile Heights For "Sail Area" (Recreational & Commercial Vessels) ..............10 Flotation and Freeboards ............................... .............................19 Static Floating Tolerances ............................. .............................12 Torsional Resistance Requirements ............... .............................12 GuidePiles ..................................................... .............................12 3. Dock Materials of Construction ..................... .............................14 General........................................................... .............................14 Timber........................................................... .............................14 Steel............................................................... .............................16 Concrete and Reinforcing .............................. .............................17 Pilings and Anchorage ................................... .............................17 4. Appurtenances ............................................... .............................19 LockerBoxes ................................................. .............................19 Cleats........................................................... .............................20 Bumpers......................................................... .............................20 BoardingSteps ............................................... .............................20 LifeRings ...................................................... .............................20 DockLadders ................................................. .............................20 5. Access /Gangways /Americans With Disabilities (ADA) Compliance.................................................... .............................21 General......................................................... ............................... 21 Commercial Docks ........................................ .............................22 Residential Docks .......................................... .............................23 6. Special Facilities ............................................ .............................24 2 II. Landside Developments (Commercial Only) .. 3 ..33 FuelFloats ..................................................... .............................24 Sewage Pump Out Facilities .......................... .............................24 Floating Buildings ......................................... .............................25 Vessel Launching Facilities ........................... .............................25 Special Mooring Devices ............................... .............................25 Piers, Platforms and Wharves ........................ .............................26 Seawalls ( Bulkheads) ..................................... .............................26 7. Dredging ........................................................ .............................27 8. Utilities .......................................................... .............................28 Electrical Power and Lighting ....................... .............................28 Plumbing...................................................... ............................... 30 FireProtection ............................................... .............................30 9. Environmental ................................................ .............................31 CommercialFacilities .................................... .............................31 Residential Facilities ...................................... .............................32 10. Permitting ...................................................... .............................32 Maintenance Projects ..................................... .............................32 Alteration Projects ......................................... .............................32 New Construction Projects ............................ .............................33 Submittal Requirements ................................. .............................33 II. Landside Developments (Commercial Only) .. 3 ..33 HARBOR DESIGN CRITERIA HARBOR DESIGN CRITERIA GENERAL The construction of harbor facilities shall accommodate the need for safety and durability as well as convenience and appearance. Structural elements of the docks, floats, gangways, piles, etc., shall be adequate to safeguard human life, boats, and boating equipment. Boat berthing facilities shall be designed to adequately handle anticipated loads with an ample factor of safety as deemed appropriate by the City of Newport Beach Building Department. Materials of construction shall resist the corrosion of saltwater in order to assure low maintenance requirements and long life of the facility. Floats shall be designed to assure stability and buoyancy for safe operations. Adequate utilities meeting all requirements of the current, applicable codes, shall be provided for the convenience and safety of boaters and maintenance workers. Harbor Permits and Plan Check shall be as per the Harbor Permit Policy H -1. Dock systems shall be designed by a civil or structural engineer, licensed by the State of California, who is experienced in the design of marine structures. Repairs and non - structural modifications to existing residential docks can be designed by a contractor experienced in dock facilities, at the discretion of the Building Department. I. WATERSIDE DEVELOPMENT The limits and constraints of construction in the harbor are defined by a series of lines that have been established over time by the Federal Government, as well as the City of Newport Beach. These lines have been defined in the "Glossary of Terns and Definitions" section of this guideline, as well as in the "Harbor Permit Policy". Prior to the preparation of documents to be submitted to the City of Newport Beach for review of a proposed project, the applicant should obtain a full understanding of these lines and have a qualified engineer, surveyor or contractor define these lines on any plans submitted for a proposed project. These lines include the existing or current• edge of construction along the waterfront with respect to the Federal Bulkhead and Pierhead lines, the City Project line if applicable, Channel lines, Anchorage Area, and Turning Basins. A. DOCKS 1. ALTERNATIVE BERTHING GEOMETRIES Various berthing geometries are available and acceptable for the berthing of boats for a docking facility. The following figures present the generalized arrangements that are considered acceptable to the City of Newport Beach for the safe mooring of boats. The attached figures and "Case" geometries can be 0 utilized as shown, or in combination with one another, in an overall marina dock scheme. 2. LAYOUT AND DESIGN (Commercial & Residential) a. General (1) Layout and design of harbor facilities shall be based upon the use of the facility defined as follows: (a) Single or joint residential (b) Multi - residential (c) Commercial 1) Passenger 2) Recreational boat marina (2) Harbor structures shall conform to "Layout & Design Guidelines for Marina Berthing Facilities ", latest edition, published by the State of California Department of Boating and Waterways, 2000 Evergreen Street, Suite 100, Sacramento, California 95814; Telephone (888) 326 -2822, except as modified by the City's "Harbor Standard Drawings ", or as follows herein. (3) See the attached Harbor Standard Drawings for plans, sections and details of typical conditions for vessel moorings and docks, gangways, platforms, seawalls, and beach profiles. These Standards are to be considered minimum requirements for the cases represented and, at the City of Newport Beach Building Department discretion, may not apply to the specific project submitted. The Building Department reserves the right to mandate deviation from the Standards, if particular project conditions require special consideration. b. Slip and Boat Overhang into Adjacent Fairways: (1) Berths shall not be occupied by vessels more than 3 feet longer than the berth or slip, or in the case of fairways with a 1.75 x Lb width, not more than 10% of the length of the finger. (2) For berths either parallel or perpendicular to a main channel, vessels can extend beyond the limits of the slip by as much as the beam of the boat. C. Finger and Walkway Widths: (1) Minimum finger widths for recreational commercial and residential docks shall be per Table No. 1. (2) Fillets at the connection of walkways to fingers shall not have less than a 4 -foot side. (3) Outer end (end tie) and side -tie fingers shall be a minimum of one foot wider than the minimal widths for all other adjacent finger docks. (4) Residential Headwalks and Mainwalks: (a) Minimum residential headwalk widths shall be no less than 6 feet for dock lengths up to 80 feet in total length, and 8 feet wide for dock lengths of more than 80 feet. (5) Commercial Headwalks and Mainwalks: (a) Minimum widths shall be no less than 8 feet wide. If use of a walkway is for staging the public while waiting to board a vessel, the minimum dock width shall be 12 feet. (b) At gangways, a minimum of 6 feet of walking surface shall be maintained in front of the furthermost gangway projection (including toe plate) at high tide, and have a minimum of 4 feet of clear space to walk along the side of any gangway for access to berthed vessels. Table No. 1 Minimum Finger Widths Fingernont Width F = 5.0' Lengt1i of Berth All ADWover'ble Fin F = 3.0' TJ F = 4.0' 36' F =5.0' 56' F = 6.0' 71' to F = 8.0' 85' Widths of more than that shown in this Figure may be necessary for specific site conditions and/or uses offingers over 70 feet. (z) Minimum 5' -0" widths are required for the entire path of travel for ADA access, including paths along main- and headwalks. 0 d. Single and Double -Wide Slips: (1) Single -wide slips are those slips that have a finger on each side of the boat. Double -wide slips have only one finger adjacent to any given boat. Double -wide slips shall not be permitted for vessels over 35 feet in length. e. Vessel "Rafting ": (1) Vessel "rafting" is the practice of connecting multiple vessels together, with only one of the vessels being tied/berthed to a walkway or finger. Rafting of vessels is not allowed, unless specifically approved by the Harbor Resources Division for special facilities and/or events. f. Long Docks: (1) Long docks are defined as side -tie docks with more than one boat berthed. Unless specifically identified otherwise, and for the purpose of establishing the number of boats that may utilize a long dock per State of California Department of Boating and Waterways Guidelines, it will be assumed that one boat is berthed alongside a long dock every 40 feet of long dock length. This would relate to a 30 -ft berthed boat, with 5 feet of clearance on either end. g. Loading Criteria: (1) The design of the dock system shall incorporate all anticipated dead and live loads. (a) Dead Loads: Dead loads shall include the weight of the dock system components (walers, bracing, bracketry, etc) which are permanently incorporated into the dock system, and non -dock system components (transformers, gangways, dinghy racks, trash containers, buildings, etc.) which are permanently affixed to the dock system. (b) Live Loads: Live loads are temporary, transient loads imposed in the ordinary use of the dock system, such as people, carts, mobile equipment, wave loadings from boats, wind loads, impact loads, etc. The dock system shall be capable of supporting live loads and freeboards 7 per "Flotation and Freeboards ". The structure shall also be capable of supporting a 400 -pound moving point load anywhere on the deck surface, but no closer than 12" from any dock edge, while maintaining the level tolerances cited in this guideline. (c) Wildlife Loads: Refer to "Design & Guidelines for Marina Berthing Facilities ". (2) Wind loads shall be calculated both parallel to and perpendicular to maximum length of vessels and structures. (a) Wind load on the lateral area of vessels or structures shall not be less than 15 pounds per square foot acting on the projected area of the docks as well as the "sail area" of the berthed vessels. (b) Lateral area of vessels for wind load calculations acting on the "sail area" of the vessel shall be as per Graph No. 1, or the actual sail area of the anticipated vessel, whichever is greater. (c) Ten percent (10 %) of the full wind load for an unshielded vessel shall be applied to each vessel in the lee of the unshielded vessel. (d) Wave and impact loading criteria shall be as appropriate for the location of the manna, and the surrounding conditions. Impact loads shall be calculated in accordance with California Department of Boating and Waterways impact loading criteria. (3) Current Loading: Floating docks in areas of the harbor may be subject to current loads. Contact the City of Newport Beach Marine Department for these locations and potential velocities. (4) Load Combinations: (a) Combined load cases for design of docks shall include the following: 1) Dead load plus uniform live load 2) Dead load plus concentrated 400 -1b live load. In the ADA path of travel, a 650 -1b point live load shall be used. 3) Dead load plus wind load plus current & wave loads, plus impact loads. (b) Fabrication, handling and lifting loads shall also be checked in the calculation of the dock system. (c) A 1/3 increase in allowable stresses can be used when in combination with either wind, current, wave or impact loads. For all wood stresses, the allowable stress shall be reduced in accordance with the California Building Code for we[ conditions, and then the 1/3 increase in allowable stress applied. (d) Calculations shall include the transfer of forces from the dock system into the piles. All components within this transfer mechanism shall be substantiated. 0 r-7 MENEM ■No ■0 ■■■■■■■ MMEMMEMEMM MEN M mommommoom ■ OMNI F ■ MEMEMEMEME ■ MEN a ■ ME ME MMMEM MMORAMMEM ■ ■ No I ONE I MENNEN J ■ mommommmo MMF■■■ OMMEMMEME OE EMMENEMEM ■BEEMIMEMNIM moommomormsommom MEN MUNNNEMEZEMEMMEM ■MEN som■ ■NNE ■ ■ ■ ■ ® ■ ® ■ ■ ■ ■ ■■■ mamommommom ■ MMEMMEMM M MMOMEMMMMMEMM MEEMMEMEMENEMEMMEM N■ ■ ■ ■ ■ ■ ■MENEEMMO■MEN SEMEN ■EMEN MEN WIIININ 4 V.11l Immmilmlim1mygo I 10 h. Flotation and Freeboards: (1) Sufficient flotation shall be provided to support dead load plus live load with freeboards as noted below. Higher live load .requirements may be required by the City of Newport Beach, under special circumstances as may be deemed appropriate by the Building Department. (a) Commercial Docks: Live load of 50 pounds per square foot with a dead plus live load freeboard of not less than 15 inches. Under dead load only, the minimum freeboard is 18 inches, and the maximum is 24 inches. If docks are used for staging of passengers, a live load of 65 pounds per square foot shall be required. Exception: For alterations to existing docks, match the original design loads and freeboards. (b) Residential Docks: Live load of 25 pounds per square foot with a dead plus live load freeboard of not less than 10 inches. Under dead load only, the minimum freeboard is 14 inches, and the maximum is 24 inches. (c) Weight of seawater, for the purposes of flotation calculations, shall be 64 pounds per cubic foot. (2) The flotation shall use expanded polystyrene cores. The use of hollow pontoons shall not be allowed. (3) Docks shall have pontoons composed of outer shells of either concrete (1" minimum thickness) or an ultra - violet stable plastic such as fiberglass or cross - linked polyethylene (1/8" minimum thickness). Other alternative materials must be submitted to the City for review and approval, per the "Alternative Materials, Methods of Design and Methods of Construction' appeals process. Exposed foam flotation is not allowed. (4) Residential Docks: In addition to the pontoon encapsulation types noted above, residential docks may also use spray -on elastomeric encapsulation systems for pontoons. Spray -on products must demonstrate resistance to ultra - violet rays, solvents that may be present on the water surface, and environmental conditions imposed by saltwater contact. Minimum spray -on product thickness shall be 100 mils. 11 l• k. Static Floating Tolerances: (1) The dock surface of the in- place dock system, which includes fingerfloats and walkways, under various loading conditions, shall be level within the following tolerances: Under Dead Load Only, & Under Dead and Live Loads: Under Dead and Point Live Loads V4" per foot, 1" maximum (transverse) 1/8" per foot, 1" in 10 feet maximum (longitudinal) %" per foot (4 %), 2" maximum (transverse) V4" per foot, 2" in 10 feet maximum (longitudinal) On Accessible Routes, for ALL Shall not exceed 1:50 or Loading Conditions: 2% maximum (transverse) (2) Under Dead Load Only conditions, the free ends of fingerfloats shall always float level or higher than the fingerfloat ends connected to the head or mainwalk, within the limits noted above. Torsional Resistance Requirements: (1) General: Fingers, connected walkways, and free- standing headwalks unattached to other dock elements must be designed to provide dock stability and resistance to torsional. loads. Torsion bars installed in fingers, and/or dock framing construction that provides for calculated and verifiable twist resistance, is required. Free - standing headwalks need not provide independent means of torsional resistance if the width of headwalk is 8 feet or more. Alternative means of providing torsional resistance to fingers and main- or headwalks may be considered by the City Building Department. Methods such as twist - controlling guide roller assemblies may be considered, if acceptable twist resistance can be proved. Guide Piles: 12 (1) Dock system pilings shall be designed by an Engineer, licensed by the State of California, who shall have demonstrated expertise in the design of marine structures. Pile loading calculations shall be provided based on a soils investigation by a licensed geotechnical engineer, or based on minimum code values for soil properties. Alternatively, a pile test may be conducted by a licensed engineer after piles have been driven, to confirm that the piles can withstand the design loads anticipated. Testing procedures must be approved by the City prior to commencement. (2) Soil conditions in Newport Harbor can vary depending on the existence of rock strata near historic bluffs along the coastline. The Applicant is advised to research the soils conditions of the subject site in order to properly assess the conditions for pile stability and installation. (3) Loading Conditions & Criteria: (a) Applied lateral wind and impact loads shall be calculated for not lower than a +7.5 foot MLLW water surface, and a load height acting upon the piles at no lower than +8.5 foot MLLW. (b) Loads imposed on the dock framing system as previously noted in this loading criteria, shall be imposed in -like- kind to the piles providing the lateral load resistance for the docks. (c) Pile penetration shall not be less than 15 feet, nor the calculated penetration plus 3 feet. (d) Pile cutoff elevation shall not be lower than +13.0 feet, MLLW. (e) Guide pile caps shall be provided to discourage birds from perching on piles. (4) Special Geological Conditions: (a) There are locations within the Newport Harbor area that contain rock -like geological conditions, exhibiting different soil resistance characteristics than standard bay mud. The applicant is encouraged to observe the type of guide piles used in the existing surrounding installations 13 to assess the type of piles that may be required for any new project. A geotechnical consultant could be retained to provide this information and pile design and installation recommendations, as well. 3. DOCK MATERIALS OF CONSTRUCTION a. General: Materials used in dock systems shall have a demonstrated history of use in salt water environments of at least 10 years, or otherwise be approved by a licensed engineer practicing in waterfront engineering. Materials used in dock systems are to be new and in good condition. (1) Flotation: (a) Flotation systems shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. (b) Flotation units shall consist of: 1) Concrete cast around a solid, closed cell foam core, or 2) Fiberglass, polyethylene or plastic shell with a fitting, solid, closed cell foam core. (2) Plastics: All plastics used in the dock systems shall be ultra - violet light stabilized or protected. Plastics proposed for use must have a demonstrable performance history in salt water environments of at least ten years, or be the recommendation of a California licensed Engineer. Design strengths and thickness shall be appropriate for the intended purpose. (3) Foam core for floats shall be a rigid block of closed cell expanded polystyrene with a unit weight of between 0.95 to 1.2 pounds per cubic foot. Properties of foam shall conform to ASTM C578, with maximum water absorption of 3.0 percent or less as determined by ASTM C 272, Method C. The foam core shall not have more than 10 percent reground material, and reground foam pieces shall not exceed 3!8 -inch diameter. b. Timber: 14 (1) All wood - construction forgers shall have framing that includes cross - members that provide rigid connection to the full - length stringers. All connections shall be made using thru- bolts. (a) Commercial Dock Framing: For independent long docks that float freely and do not have docks and /or fingers attached for stability, all primary load carrying framing members shall be fabricated from glued - laminated beam construction, to prevent warpage of the major members, contributing to dock instability. (2) Allowable Stresses: Allowable stresses for harbor structures shall not exceed those stated in the "California Building Code ". (3) Timber used for walking decks shall have a minimum net thickness of 1 %Z inches. (4) Timber for walking surfaces shall be Douglas Fir, Select Structural. Sawn timber for other framing members shall be Douglas Fir, No. 1, minimum. (5) Glued - laminated timber shall be Douglas Fir 24F -V8, industrial grade for application in wet environments: Fabrication shall comply with Product Standard PS 56 -73, "Structural Glued Laminated Timber ". (6) Walking surfaces shall have a non -skid finish and be maintained periodically or when worn and unsafe. Treated timber decking requires no further non -skid finish. (7) Dimensional lumber is not required to be painted. However, if the applicant chooses to paint, such paint shall be maintained to good condition and appearance. (8) Plywood utilized within dock framing systems shall be exterior grade material. Plywood shall not be used as the walking surface for a dock system, unless the product can be demonstrated to the City of Newport Beach Building Department that it is provided with a factory- applied protective, non -skid walking surface that will be durable and has a proven process for patching and touch- up. Internal plywood members shall be provided in such a manner that water can be easily conveyed off the top surface of plywood and not pond or get trapped, leading to early deterioration and dry rot. 15 (9) Weight of treated Douglas Fir shall be assumed to be 35 pounds per cubic foot. (10) All timber used for dock construction shall be marked with the appropriate grade of material and preservative treatment, or may be subject to rejection by the City Inspector. (11) Wood Preservative for Timber: (a) All timber products shall be coated with preservative treatment to retention limits recommended by the American Wood Preservers Association Standard M4 "Standard for the Care of Preservative- Treated Wood Products" and AWPA Standard C2 "Lumber, Timber, Bridge Ties & Mine Ties — Preservative Treatment by Pressure Processes ". (b) Current State and Federal environmental requirements and guidelines for the type and application of preservative treatments will be strictly enforced. (c) All lumber must bear a stamp approved by the American Lumber Standards Committee for conformance to the American Preservers Association Standards. (d) Field cuts and bored holes shall receive field - applied preservative treatment in accordance with Best Management Practices. Preservative treatment chemicals shall not be allowed to enter harbor waters. C. Steel: (1) Any steel components used in the marine environment shall be hot -dip galvanized with a minimum of 3 mils of zinc, or epoxy coated per ASTM A 934 and manufacturers recommendations, or shall be stainless steel. (2) Structural steel shall conform to Standard Specifications for Structural Steel for Bridges and Buildings, ASTM A36. Aluminum shall conform to 6061 -T6 material specifications. Stainless Steel shall conform to A316 material specifications. (3) Fabrication and erection shall comply with the latest applicable codes as noted: - AISC, Latest Editions 16 - Aluminum Structural Welding Code, Latest Edition - Aluminum Design Manual, Latest Edition -12011 Design Manual for Structural Stainless Steel, Latest Edition (4) All bolts securing primary structural members shall be a minimum of /2 inch diameter thru bolts. Bolts shall be A307 and include washers where direct contact with timber members occurs. Carriage bolts are also allowed. (5) No connecting device shall protrude beyond the fascia or waler into the berthed area, which may contact any part of the berthed vessel, or extend up into any walking surface creating a tripping hazard. d. Concrete and Reinforcing: (1) Concrete shall be designed for permeability, strength, chemical stability and abrasion resistance, appropriate for its application. Minimum compressive strength for concrete, subject to salt water splash, immersion and/or brackish water is 4,500psi and a 0.45 water -to- cement ratio. (2) Portland cement shall conform to ASTM C 150 Type I or Type II modified, and low alkali. Chemical admixtures shall conform to ASTM C 494. Chemicals designed to limit corrosion of internal reinforcing may be used. Air entrainment admixtures shall conform to ASTM C 260. Coarse and fine aggregate shall conform to ASTM C 33, and ASTM C 330 where lightweight aggregates are used. Lightweight aggregate, if used, shall consist of expanded and coated shale or equivalent material of sufficient strength and durability to provide concrete of the required strength. (3) Concrete structures shall be designed to provide sufficient coverage of reinforcing steel, so as to prevent corrosion, per code requirements. For structures exposed to salt water splash or immersion, bar reinforcement shall conform to ASTM A 706, and shall be epoxy coated per ASTM A 934, after bending of the bars. Welded wire mesh shall conform to ASTM A 185 and shall be epoxy coated conforming to ASTM A 884, with all visible defects and cut ends repair coated. Wires used to tie reinforcing steel shall be either epoxy- coated steel, or A 316 stainless steel. e. Pilings and Anchorage: 17 (1) Piles shall be the products of manufacturers and contractors regularly engaged in the production of such items for marine construction. Typical materials approved for pile materials include: 1. Pre - stressed concrete, 2. Steel, or 3. High - strength composite materials. Timber piles are not allowed. (2) Unless subsurface soil materials prevent their use, pilings shall be pre - stressed concrete. Portland cement shall be ASTM C150 Type 2. Water for mixing and curing shall be fresh, clean and potable. Aggregates shall conform to ASTM C33, Size Number 67, and be free from any substance that is deleteriously reactive with the alkalis in the cement. Admixtures, if used, shall conform to the requirements of ASTM C494 and not contain chlorides. Corrosion inhibiting concrete admixtures are encouraged. Pre- stressing steel shall be uncoated, seven -wire stress relieved strand with a minimum ultimate stress of 270,000 psi conforming to ASTM A416. Ties and spirals shall conform to ASTM A82, cold drawn. Piles shall cure and reach a strength of not less than 4,000psi before de- tensioning and cutoff of the strands. (3) Guide rollers shall be fabricated from polyethylene, UHMW, polyolefin or polyurethane roller or plate material. As an option to the use of rollers, UHMW rub blocks may be used. Minimum thickness of a rub block shall be 2 inches, with attachment bolts countersunk into the UHMW material. (4) Any structural steel components used in the marine environment shall be hot -dip galvanized or epoxy coated per manufacturers recommendations, or A316 stainless steel. (5) Steel piles must be painted with a non -toxic coating that prevents or inhibits the corrosion of the pile base material. Design of steel piles shall include a 1/8 -inch additional corrosion allowance. Coatings must be maintained to prevent growth and wear from the guide roller assemblies. Rollers should be cleaned periodically to prevent shell fragment build -up from further deteriorating the coatings protecting the steel piles. For added steel pile protection, sacrificial anodes may also be designed and installed to limit corrosion, and UHMW plastic pile wraps can be installed to limit wear of the steel surface from guide roller friction. (6) Installation Criteria: 0 (a) Piling shall be installed by a licensed contractor regularly engaged in the business of pile driving. Care shall be taken in the handling and driving of piling, to prevent spalling, cracking or other damage. Contractor shall install piles per approved local, state and federal requirements. Jetting may be permitted with State and Federal approval. (b) Tolerances: 1) The elevation of the head of piles shall be within one inch of designer top of pile elevation. Minimum pile top elevation for dock systems shall be +13.0 MLLW. 2) Piling shall be installed vertically plumb within tolerances defined in the construction documents, but in no cases more than 2.5% out of vertical plumb, and 4 inches out of horizontal location. (c) Records and Certifications: 1) Records of pile driving operations shall be maintained under the supervision of the Engineer of Record, and made available to the City upon request. 2) Upon completion of the pile driving operation, the engineer shall certify that the pilings were installed in accordance with the design and these guidelines. Such certification shall be on the Engineer's letterhead and bear the Engineer's stamp, and shall be submitted to the City prior to issuance of the certificate of occupancy. e. Alternative and/or Hybrid Materials Alternative materials such as recycled plastic, PVC, and others, which can show a demonstrated experience and useful lifespan in the marine environment and usage, can be proposed to the City of Newport Beach for consideration. The decision of the City of Newport Beach regarding the use of alternative or hybrid materials will be final. 4. APPURTENANCES 19 a. Locker Boxes: Individual locker "dock" boxes may be provided for slips, and may provide housing for electrical and mechanical services. Locker boxes shall be securely attached to the dock surface. All dock boxes should be located on finger fillets; i.e., the intersection of the finger and the main or headwalk, on the triangular dock surface. Locations other than on a finger fillet require the approval of the City. Locker boxes installed in the path of travel that limits safe pedestrian access will not be allowed. Minimum clearances for safe pathways are as follows: 2 feet clear on fingers, 3 feet clear path on main and headwalks. Lockers boxes shall be made of 1/8 inch minimum thick fiberglass or cross - linked polyethylene. Flammable materials shall not be kept in locker boxes. b. Cleats: Cleats shall be designed to accommodate boats and loads appropriate for their location. A minimum of two cleats on each side of a finger is required. Cleats shall be hot -dip galvanized, and attached to the dock system by means of through -bolts of adequate size to transmit loads between boats and the dock system. C. Bumpers: Bumpers shall be installed on dock surfaces that will come into contact with boats. Outer comers of fingers should be protected with comer bumpers or dock wheels. Bumper material shall be vinyl products, or those that have been approved by an Engineer, licensed to practice in the State of California. Water retentive material such as rugs, or salvage materials such as tires, shall not be used. Install bumpers with aluminum or stainless steel nails or screws. d. Boarding Steps: Boarding steps shall not be kept on main walks. Boarding steps may be kept on, or attached to, finger floats, but in no case shall boarding steps on finger floats occupy more than one -half of the width of the finger float. Boarding steps shall be light- weight and not used for storage, unless the supporting dock section has been specifically designed for the additional dead and live load. Boarding steps shall not be permanently attached to the outermost 5 feet of any finger float. e. Life Rings: Life rings shall be installed in strategic locations on commercial docks. Life rings for residential docks are encouraged, but not required. f. Dock Ladders: Dock ladders shall be installed in strategic locations on commercial docks for safety purposes. Ladders shall extend into the water by at least 3 feet, and be constructed of materials that resist corrosion and prolong ladder life. Ladders may be provided with the O ability to swing out of the water in order to allow for special recreational uses of the docks. Ladders for residential docks are encouraged, but not required. 5. ACCESS /GANGWAYS /AMERICANS WITH DISABILITIES (ADA) COMPLIANCE a. General (1) Landside facilities of commercial docks and of docks serving new multi - family developments shall meet all ADA requirements for the path of travel from the street and parking lot, to the gangway and down to the docks. (2) Walking surfaces of gangways shall have a non -skid finish, such as punched metal, unpainted timber, or grit impregnated metal, painted non -skid coatings, etc. (3) Gangway Support: Connections between gangways and the adjacent bulkheads or platforms shall be designed by a licensed engineer, and comply with the following minimum requirements: (a) Gangways shall be supported by the bulkhead or platform through a mechanical connection system, such as face - mounted plates or clip angle hangers with saddles, shackles or pins, attached to the bulkhead or platform with poured -in -place anchor bolts or epoxy- anchored threaded studs. Minimum diameter of bolts shall be 5/8 inch, and material for bolts in contact with concrete or treated lumber shall be A304 stainless steel. (b) The hinge and supports shall be capable of transferring full dead and live loads generated by the gangway to the mechanical connection system. (c) Steel angles, plates and other sections utilized in these connections shall be minimum A36 grade and have a minimum thickness of 3/8 inches. Any exposed edges of plates that may potentially be in the path of travel or in contact with foot traffic shall have beveled or rounded smooth edges. (d) All steel members and hardware shall be galvanized, or coated with a formulated non -toxic coating system designed specifically for the marine environment. 21 (e) The gangway shall be restrained from lifting out of the support saddle during extreme high tide elevations, without interfering with rotation at the gangway hinge. (3) Gangways shall be braced in the horizontal plane to prevent lateral deformation. The bracing system can consist of diagonal supports within or under the gangway framing system, plywood sheathing, or by decking designed to act as a shear transfer membrane. b. Commercial Docks: Commercial docks servicing the public will be required to meet all applicable requirements relating to Federal ADA Compliance requirements. (1) Design live loads for gangways shall be a minimum of 50 pounds per square foot for gangways functioning strictly for access to the dock system, and a minimum of 100 pounds per square foot for gangways that can be used as a staging area for passengers boarding vessels. The maximum allowable deflection of a gangway or bridge at midspan is L/240, with L/360 suggested for walking comfort. (2) Gangway slopes shall meet current state and Federal requirements for safety and ADA compliance, where applicable. (3) Minimum gangway clearance width (between handrails) shall be 4 feet wide. (4) Gangways shall be equipped with self - closing, self - latching gates at the bulkhead end of the gangway. Gates shall not open into intersecting walkways. (5) All walking surfaces shall be provided with a commercial grade non -skid surface. Worn or slick non -skid surfaces shall be repaired immediately upon notice. Non -skid walking surfaces shall be maintained and/or re- applied at a minimum of every six (6) months. The maximum allowable gap in adjacent walking planks or surfaces shall be 1/2", and the maximum vertical height differential between adjacent planks or surfaces shall be 1/4". (6) All gangways shall be equipped with transition plates at the bottom of the gangway, and if fabrication details include gaps in the hinge transition of more than'' /2 inch, at the top of gangway as well. These transition plates shall be of non -skid surface material and provide the transition from the gangway platform and/or dock, onto the gangways. All transition plates shall have a slope 22 no steeper than 1:8 for non -ADA- compliant gangways, and 1:12 for ADA- compliant gangways. Transition plates shall have rounded edges along the path of travel and a height or thickness at the end of the plate of no greater than 3/8 inch. (7) Minimum clearance on the dock system around a gangway landing shall be 5' -0 ". (8) For additional discretionary gangways, other than the required ADA gangway, gangway slopes for commercial docks shall not exceed 1 foot vertically for each 3.0 feet of length, when the tide is at —1.0 feet MLLW. The minimum length of commercial gangway shall be 30' -0 ". (9) Guard, mid and hand railings shall meet the requirements of the latest State of California Title 24 requirements. (10) Railings shall be designed to resist a load of 50 pounds per foot applied horizontally to the rail or a 200 -pound point load applied vertically at any point along the length of all horizontal rails. C. Residential Docks: (1) Gangway slopes for residential docks shall not exceed 1 foot vertically for each 2.5 feet of length, during the full range of tidal swing elevations. The minimum length of residential gangway shall be 24' -0 ". (2) Minimum gangway clearance (within handrails) shall be 2' -6" wide. (3) A 3 -foot long toe plate, at the base of a gangway, is encouraged for ease of use and safety and to provide a continuous sloping path of travel, from the surface of the gangway to the surface of the dock. A gangway bottom "step- off', if the toe plate is not utilized, shall not exceed 7 inches in vertical height. (4) Worn or slick non -skid surfaces shall be repaired immediately upon notice. Non -skid walking surfaces shall be inspected and maintained periodically for safety purposes. (5) Gangway handrail heights shall be 34 to 38 inches above the gangway walking surface. Openings in rails of residential gangways shall not permit a sphere 12 inches in diameter to pass through. 23 The gangway rail shall be designed to resist a load of 20 pounds per foot of horizontal force applied to the top of the rail. (6) If a residential dock system has 25 or more slips, an ADA- compliant gangway system must be designed with a minimum design load of 50 pounds per square foot, and a maximum deflection of L/240, with a deflection of L/360 suggested. See Federal ADA Accessibility Guidelines. 6. SPECIAL FACILITIES a. Fuel Floats: (1) Locate boat - fueling docks near the entrance of the harbor, in an area that is protected from waves and rough water environmental conditions. (2) Fuel floats used for dispensing petroleum products shall be adequately designed and placed to provide maximum service to the boater. Adequate guide piles or dolphins shall be required to provide permanence, safety, and stability to the floating docks, and shall be designed by a California Licensed Engineer with waterfront experience. Fuel floats must be designed to support the dead loads imposed by the dispensers, hose reels, storage, pipe chaseways, etc. (3) Fuel facilities shall be in conformance with County, State and Federal codes, ordinances and law. Equipment, such as containment booms and absorbent pads, shall be kept on the fuel dock to contain spills. (4) Fuel Floats shall contain all necessary fire fighting equipment and systems, as deemed appropriate by the City of Newport Beach Fire Department. b. Sewage Pump Out Facilities: (1) Marinas with more than 50 boats are required to have at least one (1) sewage pump out facility. Sewage pump out facilities shall connect to the nearest City of Newport Beach sewage line system. Refer to City of Newport Beach Standard Drawings for Public Works Construction for details of these connections. (2) Sewage pump out equipment shall be products that have been designed, tested and installed for the specific purpose of vessel sewage pump out. 24 C. Floating Buildings: (1) To obtain approval from the City of Newport Beach Harbor Resources Division for the installation of a floating building, the applicant must provide compelling reasons that such a facility is necessary and is precluded from location on land. (2) Only commercial facilities are allowed to consider floating buildings. Residential facilities are not allowed to have floating buildings. Potential floating building uses include restrooms, the dockmaster's office, enclosures on a floating fuel dock, and boat rental office. Other uses may be considered, at the discretion of the City of Newport Beach. (3) Floating buildings are subject to the latest edition of all local, State and Federal building codes. d. Vessel Launching Facilities: (1) Vessel launching facilities may include vehicle launch ramps for trailered boats, concrete launch ramps with rails and/or tracks for special vessel carriers, elevated travel lift launches, swing hoists on davits, and forklift launching. (2) All launch facilities shall be designed considering the launching and vehicle loads imposed on existing and/or planned structures. (3) Vessel launching facilities shall be designed in accordance with California Department of Boating and Waterways, Boating Facilities Division, "Layout, Design and Construction Handbook for Small Craft Boat Launching Facilities ". e. Special Mooring Devices: (1) Special vessel mooring devices may be required or desired for specific berthing conditions. Large vessels may require mooring and/or breasting dolphins (pile groupings designed to resist large impact and berthing loads), berthing walls, or other devices that facilitate vessel docking. (2) Special mooring devices shall be designed by a licensed engineer and geotechnical consultant, with experience in waterfront engineering. Special mooring devices shall be designed to resist berthing loads, wind, wave, and current loading for the localized area. 25 f. Piers, Platforms, and Wharves (1) Piers, platforms, and wharves shall be designed by a California licensed Engineer experienced in waterfront structures. A geotechnical report, for pile design and installation, shall be provided that addresses special issues such as liquefaction potential, and the gravity and seismic support of the waterfront structure. The geotechnical report shall be prepared by a California - licensed Geotechnical Consultant. Refer to the Harbor Standard Drawings for the various geometries allowed for piers and platforms that serve and provide access to residential floating docks. (2) Commercial: Structures shall be designed for an assembly area live load of 100 pounds per square foot (psf) as well as vehicle loads that may be imposed on the structure for maintenance purposes. (3) Residential: Structures shall be designed for a minimum live load of 50 psf. g. Seawalls (Bulkheads): (1) General: Several types of seawalls are common to support soils and construction on the landside of the wall. Typical wall types include freestanding or "cantilevered" seawalls and "tied- back" seawalls. Cantilevered seawalls are limited by the height of the wall above the waterside mudline and are generally effective for exposed heights of not more than 8 feet. Tied -back seawalls can be effective for exposed heights over 8 feet and require walers (beams), steel tie rods and a foundation anchors (deadman), or earth anchors. (2) Generally, seawall sheets constructed of reinforced, prestressed concrete are desirable, although for special conditions, structural steel interlocking sheets may be necessary. Steel products in the marine environment require special non -toxic coating protection and cathodic protection, in order to provide extended life spans. (3) Seawalls shall have a top elevation of not less than 9.0 MLLW. Seawall elevations of 10.0 MLLW or more, depending on location within the bay and potential for wave or wake over- topping, are recommended. 26 (4) Seawalls shall be designed to resist all applicable vertical and horizontal loads. (5) A minimum safety factor of 1.5 shall apply to gravity loads, and a minimum safety factor of 1.0 shall apply to seismic loading cases for the stability of seawalls. (6) Decking shall butt to the seawall cap, or cantilever over the top of the seawall, if approved. (7) Wing Walls: Wing walls are retaining walls that project landward and are perpendicular to the seawall. Wing walls may be necessary to isolate the seawall protection system of one property to the adjacent property. Special care must be taken to assure that the construction of a seawall for the subject property does not adversely impact the seawalls of the adjoining properties, either during construction or over the life of the structures. (8) Seawall design requires a soils report from a California - licensed geotechnical consultant experienced with the design of waterfront structures. Any sloping surface on the water or landside of the seawall must be accounted for in the calculations for the seawall. (9) All concrete sheets used for seawall construction shall be designed as pre -cast, pre - stressed concrete elements. Sheet design shall provide for symmetrical distribution and sizing of strands, to prevent curvature of the wall. See "Pilings & Anchorage" for concrete and reinforcing requirements. (10) All seawalls or seawall alterations shall be designed by a California - licensed Civil or Structural Engineer. 1 I C I e3 M09 a. All projects that require dredging must follow current local, State and Federal permitting requirements. b. For maintenance dredging projects involving small quantities, the City of Newport Beach, in conjunction with the Army Corps of Engineers (ACOE), has a program allowing for a simplified permitting process, as long as the amount of dredging and disposal quantities are small and meet quality requirements. The applicant is encouraged to inquire about this simplified process with the Harbor Resources Division, to verify qualifications. 27 8. UTILITIES a. All utility lines in a floating dock system shall maintain clearances as outlined in "Layout & Design Guidelines for Marina Berthing Facilities ". b. Electrical Power and Lighting: (1) All electrical design shall be in accordance with the latest edition of the National Electric Code (NEC) Article 555 — "Marinas and Boatyards ", California State Building Standards "Article E555 Title 24, and the National Fire Protection Association (NFPA) code, NFPA 303 and NFPA 70. (2) Electrical systems shall be designed by an Electrical Engineer, licensed by the State of California, and shall be in accordance with the latest requirements of the City of Newport Beach. (3) An electric service connection shall be located at a minimum of every other slip. Electrical receptacles shall be waterproof and approved for marine waterfront exposure. The following are suggested minimum receptacle requirements based on boat size: one (1) 120v, 30 amp outlet at each boat slip under 35ft, two (2) 120v, 30 amp outlets at each boat slip between the sizes of 36 to 45ft, one (1) 120v, 30amp and one (1) 120v, 50 amp receptacle at each boat slip between 46 to 55ft, and two (2) 120v, 50 amp receptacles for boats between 56 to 65ft. For vessels larger than 65ft, special power requirements may be required and the applicant should consult the vessel manufacturer. Some large vessels may require 220v or 480v, 100amp services. Sub metering of each boat slip is recommended and has proven to reduce power usage in marinas where meters have been installed. (4) Lighting shall be provided on all floating structures for pedestrian safety. All lighting shall be so designed as to provide sufficient light for safe pedestrian usage. All lighting on landside structures and buildings shall be designed to provide a minimum reflection/glare on the adjacent water areas with consideration for lighting reductions in evening hours. (5) Electrical cables and conduits shall be fastened securely to the dock system and gangways such that the system is protected from damage by boats. All electrical equipment shall be located above the harbor water level per NEC requirements at all times. If distribution cabling will be subject to water contact, cabling shall be rated for submersible use. All strapping supports for conduit 00! shall be stainless steel. All electrical conduit and cables must be concealed within the dock system. (6) Transformers and panels located on the docks shall meet all requirements of the National Electrical Code (NEC). Several maintenance receptacles should be placed throughout the marina system to allow dock maintenance crews to use small electric tools without using metered power dedicated to slip renters. (7) Commercial Facilities: (a) Commercial facilities shall provide minimum lighting levels for public safety along the path of travel from land to the berthed vessel. (b) Lighting fixtures with a capacity of 9 watts mounted at heights between 1.5 to 3 feet above the floating deck surface in dock boxes or on individual pedestals along the path of travel will generally meet this requirement. Fixtures should be located such that lighting levels on the walking surface are as uniform as possible. (c) In addition, pole - mounted lighting shall be provided to illuminate vertical access systems such a gangways, steps, and lifts, providing a higher level of illumination at vertical transitions in the path of travel. (d) Lighting systems shall be designed to provide light for the floating walking and access surfaces and not project light into neighboring properties and/or water space. Special lens and/or shields may be required to ensure that stray light is blocked and/or managed. (e) All lighting shall be controlled by photo cells and/or timers, to assure that their operation is automatic and energy conserving. C. Plumbing (1) Plumbing systems shall be designed by a Civil or Mechanical Engineer, licensed by the State of California, and shall be in accordance with the latest National Mechanical Code, State Plumbing Code, and National Fire Protection Association Code. 29 (2) One hose bib shall be provided for every two (2) boats, as a minimum. Hose bibs for every boat slip are recommended for boater convenience and the reduction of clutter on the docks. (3) Backflow preventers shall be provided for all water supply systems into the site. Pressure reducers or booster pumps may be required to meet pressure and flow requirements. (4) Refer to Section "Sewage Pump Out Facilities" for criteria for sewage system installations. (5) Supply water and sewage piping shall accommodate the full range of tidal movement, via the installation of flexible hoses and/or mechanical swivel pipe fittings. All materials shall be suited for the salt -water marine environment and be rated as "Food Grade" materials. d. Fire Protection: (1) General: (a) All fire protection systems for marinas, wharves and piers shall be in accordance with NFPA Chapters 14 and 303, latest edition, and the California Fire Code Appendix II- C, latest edition. See the attached Newport Beach Fire Department "Fire Protection for Marinas, Wharves, and Piers" for system requirements. (2) Code Requirements: (a) Retroactivity of code provisions: At the option of the Newport Beach Fire Department, the authority can make the conditions and provisions of applicable current codes retroactive, if deemed necessary for public safety. Otherwise, the provisions of applicable codes that existed or were approved for construction or installation prior to the effective date of the standard shall apply. (3) Fire Department connection/s (FDC's), backflow preventers and pressure reducing assemblies or booster pumps if required, firehose cabinets, fire standpipes and portable fire extinguishers shall be provided on the docks, as required by Code. Meet City of Newport Beach Fire Department requirements for periodic hose testing and replacement. (4) Commercial Facilities: 30 (a) All commercial dock installations shall be provided with a fire fighting system, approved by the City of Newport Beach Fire Department. If the City water pressure is not adequate to produce pressures necessary to meet special City and Code requirements, an auxiliary booster pump system may be required., (b) All new and existing marinas and boating facilities shall meet the requirements described in "Cases" as made part of this Design Criteria. The purpose of these requirements is to facilitate safe boating navigation, as well as provide fire- fighting capability. (5) Residential Facilities: (a) Fire protection systems for single - family residential docks are optional, although highly recommended. The residential owner should contact their insurance carrier for any policy requirements associated with providing a fire protection system. (b) Fire protection for multi - family or condominium residential docks, piers and floats are required to have a fire protection system meeting City and Code requirements. 9. ENVIRONMENTAL a. Commercial Facilities: (1) All commercial facilities shall prepare a Best Management Practices plan to document environmental practices to be applied to daily operations. Plans shall address in -water maintenance limitations, storage and handling of hazardous and /or waste products common to the boating community, and emergency response to chemical spills. (2) Commercial facilities shall provide a means for vessels to pump out their bilge tanks and the wastewater products taken to an approved treatment and disposal facility. b. Residential Facilities: Not applicable 31 10. PERMITTING Project Types and City Classifications: The purpose of project types and City classifications noted below is to establish the permit fee structure and process for submitted projects. Percentage replacement is based on the valuation of total dock system. Values of various types of construction are based on City records for average construction, and are not necessarily based on the construction cost estimates provided to the City by the Applicant. a. Maintenance Projects: (Do not require State and Federal permit processing) (1) Re- decking an existing float, gangway, or pier, like for like (not more than 20% of total replacement). (2) Fixing dry rot or damage (not more than 20% of total replacement). (3) Replacing piles, like for like, in the same hole (maximum 7 piles). (4) Replacing a gangway to City standards. (5) Raising a bulkhead to City standards. (6) Replacing deteriorated tie rods with earth anchors. (7) Repairing seawall cap beams and deadmen. (8) Emergency repair of structures deemed by the City to jeopardize public safety. (Follow -up permitting may be required with the Coastal Commission.) (9) Partial demolition of structures; i.e., elimination of half of a "U" shaped dock and/or respective piles. (10) Change in orientation or configuration of an existing dock, including pile relocation. (1 I) New waler at sea side of an existing bulkhead, minimum of 2 feet above mudline (without encroaching property line). b. Alteration Projects: (Requires State and Federal permit processing) (1) Re- decking an existing float, gangway, or pier, like for like (between 20% and 50% of the total replacement). (2) Fixing dry rot or damage (20% to 50% of the total replacement). (3) Relocating one (1) or more piles (4) Replace float, pier and/or gangway, like for like (20% to 50% of the total replacement). 32 II. (5) Any increase in dock footprint (6) Replace seawall panels C. New Construction Projects: (Requires State and Federal permit processing) (1) Re- decking an existing float, gangway, or pier, like for like (over 50% of total replacement). (2) Fixing dry rot or damage (over 50% of total replacement). (3) Total reconstruction of a float, gangway, and/or pier (4) New configuration of a float, gangway, and/or pier (5) New bulkhead system (6) Dredging d. Submittal Requirements: Refer to Exhibit A for a summary of the permitting process. This Flowchart is presented for general information purposes only, and is not intended to be interpreted as the definitive process for any given project. This process is subject to change based on periodic development of public and governmental agency policies. LANDSIDE DEVELOPMENTS (Commercial Only) A. Landside developments of waterfront projects are subject to City of Newport Beach Planning & Building Department requirements. B. See State of California Department of Boating and Waterways "Layout and Design Guidelines for Marina Berthing Facilities ", latest edition, for minimum requirements for landside facilities, in support of waterfront developments. C. Landside requirements for marina projects include location and design of restroom facilities, minimum parking requirements and ADA compliance. 33 n t m a OR r Z m � c � 0 N _= =z ill E r [5 y S� 8 a M8 Ila ei s OV Jill A n n opo�Mw Wei Mw,POIPMW,,,A�4LL lrietl Mu,G 4,A p, FMW SWIM •� WM1p0,pR0„S,MN,P9o41K„N Newport Beach Fire Department Fire Prevention Division 3300 Newport Blvd., Newport Beach, CA 92663 (949) 644 -3106 Fire Protection for Marinas, Wharves, and Piers Purpose The purpose of this guideline is to provide information and requirements for fire protection at marinas, wharves, and piers in accordance with NFPA Chapters 14 and 303, 2000 Edition, and Appendix II-C, 2001 California Fire Code. Definitions STANDPIPE SYSTEM - A wet or dry system of piping, valves, outlets, and related equipment designed to provide water at specified pressures and installed exclusively for the fighting of fires including the following: 1. Class I - A standpipe system equipped with 21/2 inch outlets. 2. Class II - A standpipe system directly connected to a water supply and equipped with 1 1/2 inch outlets and hose. 3. Class III - A standpipe system equipped with both 2 1/2 inch outlets and 1 1/2 inch outlets and hose. Fire Protection A. Standpipes: Class III standpipe systems shall be provided where hose lay distance from fire apparatus exceeds 150 feet from an access road provided with a water supply (hydrants). Supply shall not be interconnected with dock domestic water system. An existing Class I or II may remain. Any work performed on dock that would require a permit, relocation of berths, replacement of dock, or add additional boat storage will require the installation of a Class III system. Standpipe systems shall be located so that hose provided can reach end of each dock "finger" with 25 feet of hose remaining. Remaining hose allows access onto vessel to extinguish on -board fires. (See Enclosed Diagram) B. 2 1/2 inch outlet shall not be located less than 18" or more than 24" above dock. C. An approved and listed fire department connection with a minimum of two 21/2 inch inlets shall be provided at the point of fire department access at the street. If a fire pump is provided the FDC shall be installed on discharge side of pump piping. D. Provide sign for FDC. Sign shall be of a durable material, minimum 4 inches high by 8 inches wide, with minimum 1 inch high lettering on clearly contrasting background. Sign shall state address and type of system served. Dock System 3400 -3446 Via Oporto E. Portable Fire Extinguishers: One fire extinguisher having a minimum rating of 2A:20BC shall be provided at every hose cabinet. F. Aboveground supply pipe shall be copper or stainless steel. Copper tube shall have a wall thickness of type K, L, or M. Underground pipe shall be listed for fire protection service and designed to withstand a system working pressure of not less than 150psi. G. Method of attachment (hangers, bolts, etc.) shall be copper or stainless steel. H. Flexible connections shall be listed with a minimum rating of 250 psi. I. Minimum Pressure for System Design and Flow Rate: Standpipe systems shall be designed so that the system demand for the 11/2 inch outlet can be supplied by the municipal water supply. The 21/2 inch outlet shall be designed so that the system demand can be achieved with a maximum of 150 psi at the fire department connection Two sets of calculations shall be provided to illustrate each demand required. J. Provide fire hydrant flow test data and incorporate into calculations. Contact Public Works Department at (949) 644 -3311. Standpipes shall be hydraulically designed to provide the required waterflow rate at a minimum residual pressure of: Outlet Diameter Waterflow Rate Min. Residual Pressure 21/2 in. 500 gpm 100 psi 11/2 in. 100 gpm 65 psi Existing fire protection systems on docks undergoing revair or replacement with no additional berths or boat storage, may be exempt from the current pressure and flow requirements based on the following: the Fire Department at their discretion to determine if an effective hose stream is available. If the existing dock is not provided with the Class III standgive, the missing fire protection feature shall be added in accordance with the design requirement for new. K. Berthing and Storage: Each berth shall be arranged such that a boat occupying the berth can be readily removed in an emergency without the necessity of moving other boats. Hose Cabinet with 100' of hose \ Maximum 75' Acceptance Testing A. All new systems shall be hydrostatically tested at not less than 200 psi for 2 hours. Piping shall show no sign of leakage. B. Flow test shall be required to demonstrate from the most remote standpipe station that the required flow and pressure is provided. Five standpipes or less Fire department shall witness an effective hose stream from 11/2 inch connection supplied from city water. Hose stream also witnessed for 11h inch with 150 psi supplied from a pumper at the fire department connection. Testing shall be performed with a pumper or portable pump with a capacity to provide required flow and pressure. Newport Beach Fire Department can perform this test if owner agrees to sign attached hold harmless agreement. Six or more standpipes 11/2 inch hose connection shall flow 100 gpm @ 65psi off of the city provided pressure. 21h inch hose connection shall flow 250 gpm @ 100 psi with 150 psi supplied from the pumper at fire department connection. Testing shall be performed with a pumper or portable pump with a capacity to provide required flow and pressure. Newport Beach Fire Department can perform this test if owner agrees to sign attached hold harmless agreement. Contractor shall supply a pitot, and any necessary equipment, to verify these flows. Revised Tuly 16.2004 Bow Sprit Fig. No. 1 �or LEGEND: Ww = WIDTH @ WATER LINE L = LENGTH W/0 EXTENSIONS Lo = LENGTH OVERALL, WITH BOW SPRIT, SWIM STEP OR OTHER PROTRUSIONS Wo = WIDTH OVERALL Lb = LENGTH OF BERTH (FINGERFLOAT OR SLIP) (DBAW) Wb = WIDTH OF BERTH (DBAW) VESSEL SIZE ILLUSTRATION J Z x n � \ Q MAINWAL K c i sm V, a� V) V) V) V) a� a m V) O J a a s s s V) c o j MAINWAL K Where: 1) Lb, 2) Lo, DOCK ARRANGEMENT CASE 1 Fig. No. 2 is greater than Lb2 is greater than Lot I I Jj O MAINWAL K Where: 1) Lb, 2) Lo, DOCK ARRANGEMENT CASE 1 Fig. No. 2 is greater than Lb2 is greater than Lot J z Q g MARGINAL WALKWAY 1.5 x Lo FAIRWAY Where Lo; represents the longest vessel within the Basin. For Fairway sizing, minimum boat size (L02) along side tie to be considered as 40 ft. BAST "' Note A: J � x� oz x� N � i Fig. No. 3 Y J z Q g Example: For 2 adjacent boats 40' and 30', respectively, clearance = 2 x [0. 1 x40 ]= 8' -0" DOCK ARRANGEMENT CASE 2 SIDE TIE Io J III I! Example: For 2 adjacent boats 40' and 30', respectively, clearance = 2 x [0. 1 x40 ]= 8' -0" DOCK ARRANGEMENT CASE 2 SIDE TIE I I I `I I I it (I I I I I w I I o I in I MARGINAL WALKWAY ?.50 x Lo FAIRWAY Where Lo; represents the longest vessel within the Basin. For Fairway sizing, minimum boat size (Lo; ) along side tie to be considered as 40 ft. I I I n'� I I II I I A -L�- SIDE TIE DOCK ARRANGEMENT CASE 3 Fig. No. 4 SEE CASE 2 TYP Fig. No. 5 DOCK ARRANGEMENT CASE 4 I MARGINAL WALKWAY Fig. No. 6 NOTE: THE BERTHING OF BOATS CAN NOT BLOCK THE EMERGENCY ACCESS TO OTHER BOATS OR THEIR EMERGENCY EGRESS. DOCK ARRANGEMENT CASE 5 NOTE: FOR VESSELS 40' -0" OR LARGER, SUPPORT PILES, MOORING SYSTEM, & ACCESS BRIDGES /GANGWAYS TO BE DESIGNED BY A LICENSED ENGINEER, REGISTERED IN THE STATE OF CALIFORNIA, WITH FLOATING DOCK PILE (TY SHARED MOORING BALL (T' MOTHER CHAIN UN BOTTOM Fig. No. 7 15" (MIN.) CLEAT ON WALKWAY (TYP) BOAT GANGWAY SINGLE MOORING BALL OPTIONAL PILE FOR VESSEL SEPARATION AND MANAGEMENT (TYP) MEDITERRANEAN-STYLE MOORING DOCK ARRANGEMENT CASE 6 I. I Fig. No. 8 - Lo O — — — — — — — — — — — — - U) ca Lo Lo co MAIN CHANNEL DOCK ARRANGEMENT I CASE 7 Fig. No. 9 DOCK ARRANGEMENT CASE 8 II I VI PASIN U, 1, LO UZI x Lo �� INTERIOR FAIRWAY Where Lo represents ..... . the longest vessel Within the Basin DOCK ARRANGEMENT CASE 8 Fig. No. 10 c �^� O � J U O O N O MAINWALK O _ O L �- See Case 9B a � w Go Q m al m I I I DOCK ARRANGEMENT CASE 9A Outside limit of guidepile Stringers (TyP) No piles between Project I within zone Pierhead and lines Pierhead Line (2) Fig. No. 10A \1 Project Line (1) Dock Fingers (4) Federal Dredging Limit (3) (1) Project lines, where they exist, are managed by the City of Newport Beach. (2) Pierhead lines are established and managed by the federal government. (3) Portions of floating docks that extend into Federal Dredging Limit must be removed by the dock owner ,at dock owner's cost, when the federal goverment conducts periodic dredging operations. (4) Dock fingers must be designed and constructed in such a way that provides structural integrity of the fingers to resist lateral impact and mooring line loads without guide piles at the finger ends. Continuous structural stringers and /or special moment and shear — carrying splices must be engineered and submitted to the Building Department for approval. DOCK ARRANGEMENT CASE 9B q— . �-- . - -. -- County Recorded agreement between adjacent property owners is req'd for the sharing of a common dock M CASE 10 Note 1: Installation of a floating CASE 11 walkway can not adversely impact the existing berthing & navigation of adjacent property GASt 'I z .__ Fig. No. 11 J N o c 0 J Q Q) a U O Q X Cr z O I a� .__ J a J N L' J O U V U � X t � � 3 N G x 0. O Y N U O� O O Q � O r �r PROPERTY LINE CONDITIONS U O O Grand Canal O IcN Balboa Island Vicinity Map BOW Ll 0 MOORIN BUOY PLAN Fig. No. 12 4WALL STERN LINES SECTION A —A DOCK ARRANGEMENT CASE 13 (Grand Canal Only) CITY OF NEWPORT BEACH HARBOR STANDARD DRAWINGS COMMERCIAL & RESIDENTIAL FACILITIES oR 2005 EDITION TOP OF BULKHEAD +9.00 M.L.L.W. OR +6.20 M.S.L. 0 . , I NATURAL SAND PROFILE 7 c2J 1 1 .5' e v PROFILE NOTES: 1. WHEN COUPLED WITH STORM SURGE AND HIGHEST HIGH WATER LEVEL, THE H.H.W. ELEVATION OF +7.5 MAY BE OVER — TOPPED AND WATER ELEVATIONS APPROACHING +8.5 COULD OCCUR. 2. USE 8 TO 1 FOR TRAVELED BEACH AREAS. 3. USE 4 TO 1 AROUND NEWPORT ISLAND DUE TO HIGH SILT CONTENT. DATUM: M.L.L.W. CITY OF NEWPORT BEACH BUILDING DEPARTMENT +7.5 =H.H.W �" +5.3 =M.H -H.W. NATURAL SAND PROFILES IN Drawn: R. OKADA __— NEWPORT HARBOR Dare: JULY 2004 Scale: N.T.S. DRAWING NO. STD -598 -L (Tr S $4ryq yoot) an I Theory #I - Tidehiods lic between me hijbIpAd orlownelpti I'll, I—, p Theory #2 • TidolandIslic betweemmeaz of high and mean.of-all low tides. Information was taken fiom National Ocean SerVict (NOS), Me Of0cm and'fOrMScience ms� Tidal Datum sheet - P*4cation Data O7/1T/80 CITY OF NEWPORT BEACH "PROVED: BUILDING DEPARTMENT TIDE PLANES & TIDAL DATUM BUILDING DIRECTOR Scale: N.T.S. RELATIONSHIPS % - U.S. SURVEY FOOT) DRAWING NO. STD-599-L I i" CHAMFER TYPICAL REBAR WS REBAR PROVIDE "U" H0.R FOR LIFTING ELEV. 9.0 3"R. 6" MI . 6"MIN. 9" IESED IN PLACE COPING I i I I I I i I I I I I i I? & 2* PVC I I I I I I I II I OPTIONAL ]ET PIPES SARDLINE (VARIE (VARIES) L L I- L SANDUNE (VARIES) I i I I I I i I I I I I I I I I I I I I I I I I z i I I Ir i 1 L _I JI 2}^ I. B n n n n s" 2" Z" GROUT FILL CLASS "A" MIN. 3" MORTAR SECTION A4 CONCRETE B„ SHEET TYP. TYPICAL PANEL JOINT NOTES. I. PANELS TO HAVE A SMOOTH FINISH ON BOTH SIDES. 2. REINFORCING STEEL SHALL HAYS A MINIMUM COYER OF 3" AND BE EPDXY- COATED PER ASTM A934, GRADE 60 BARS SHALL BE USED. 3. AS AN OPTION, APPLICANT MAY USE PRESTRESSED CONCRETE SHEETS PER STD. 611 -L 4. USE OF JETTING TECHNIQUES MAY REQUIRE SPECIAL PERMITS AND MITIGATION MEASURES BY LOCAL, STATE, AND FEDERAL AGENCIES. S. CONCRETE: Pc - 4,500 PSI (MIN.) AND WIC RATIO = OAS (WAIL) CITY OF NEWPORT BEACH APPROw BIALDING DEPARTMENT PRECASTREINFORCED BUILDR46 DIRECTOR CONCRETE GROIN PANEL Mawr: R. OKADA Scale: N.T.S. Date:)ULY2004 DRAWING NO. STD -600 -L (NOT FOR BULKHEAD USE) 2 - #4 CONT. EPDXY- COATED PER ASTM A934 8" CONCRETE BLOCK WALL ADDED TO TOP OF EXISTING BULKHEAD #4 BARS 0 24" O.C. DRILL AND EPDXY PER MANUFACT'URER'S RECOMMENDAI INTO EXISTING COPING MAXIMUM TOP OF - IMPROVEMENTS Ili EXISTING TIE ROD 1112- CHAMFER (TYPICAL) #4 CONT. EPDXY COATED A934 CONCRETE: Pc = 4,S00 PSI (MIN.) WIC RATIO = 0.4S (MAX.) IRS NS 2" I° 6 p ° ° ALTERNATE "A" > .' (CONCRETE BLOCK) e Die #6 BARS 0 24" O.C. DRILL AND EPDXY BARS PER MANUFACTURER'S RECOMMENDATIONS INTO EXISTING COPING 6" MAXIMUM TOP OF MIN. IMPROVEMENTS(" EXISTING TIE ALTERNATE "B" (POURED -IN -PLACE CONCRETE) 10" D �e Die 1. PROVIDE STRUCTURAL CALCULATIONS PER CITY STANDARDS, TO JUSTIFY WALL AND WALL EXTENSION BASED ON PROPOSED DEVELOPMENT CONDITIONS. 2. EPDXY SHALL CONFORM TO ASTM C881 STANDARD AND BE USED IN STRICT ACCORD WITH THE MANUFACTURERS PRINTED INSTRUCTIONS. EPDXY PRODUCT SHALL ALSO BE APPROVED BY AN ACCEPTED TESTING AGENCY. CITY OF NEWPORT BEACH BUILDING DEPARTMENT DETAIL FOR RAISING BULKHEADS Date. PROPERTY, BULKHEAD OR OTHER BAYWARD LIMIT ESTABLISHED IN THE CCC -CDP MINIMUM ELEVATION + 9.0 M.L.L.W. to N N ROUGHEN FOR BOND AND APPLY EPDXY EXISTING COPING BULKHEAD PROPERTY, BULKHEAD OR OTHER BAYWARD LIMIT ESTABLISHED IN THE CCC -CDP MINIMUM ELEVATION + 9.0 M.L.L.W. ROUGHEN FOR BOND AND APPLY EPDXY BONDING AGENT PER MANUFACTURURER'S RECOMMENDATIONS. COPING BULKHEAD a) FILL, CONCRETE WALKWAY, PATIO, ETC. DRAWING NO. Scale: N.T.S. STD -601 -L NOT USED CITY OF NEWPORT BEACH APPROVED BUILDING DEPARTMENT – -�� Drawn: — Da[e: — Scale: DRAWING NO. STD -602 —L sz 5 [STING CQNCREIE COPING . 2"40" TREADS W /B" 2" x2�'kE91/2" CL TETED L= 3'Y3"zlMNV6' W/3 -10A. (2-REQ) _ , , _ I I I A 4`01MIN.16'-0"MAXP I PLAN 2X4 RAVINGS W/ (3) 16d AT EACH POST EL 9.D0 M.L.LW. (MIN.) TOP OF COPING ELEVATION SECTION A -A NOTES 1. OVERALL PLATFORM SIZE (NOT INCLUDING STEPS) SHALL NOT BE GREATER THAN 27 SQ. FT. L ALL STRUCTURAL PLATFORM SUPPORTING MEMBERS BELOW ELEV 7.5 MLLW SHALL BE SUITABLE FOR MARINE ENVIRONMENT SUBMERSION HARBOR WATERS AS WELL AS SUBTERRANEAN EMBEDMENT INTO THE MUDFLATS. TREATED LUMBER LS NOT ALLOWED FOR THIS SERVICE, UNLESS ENCAPSULATED IN AN IMPERVIOUS MEMBRANE. ALTERNATIVE OR COMPOSITE MATERIALS OR CONSTRUCTION CAN BE SUBMITTED CITY APPROVAL 3. PLATFORM SHALL NOT BE ANCHORED TO COPING 4. PRESERVATIVE TREATMENT FOR ALL LUMBER USED ABOVE ELEV 7.5 MLLW SHALL MEET STATE OF CALIFORNIA REQUIREMENTS. S. ALL METAL CONNECTION PLATES SHALL BE GALVANIZED OR STAINLESS STEEL ALL FASTENERS (LAG BOLTS, SCREWS AND /OR NAILS) SHALL BE GALVANIZED STEEL, STAINLESS STEEL OR A PRODUCT SPECIFICALLY DESIGNED TO RESIST CORROSION IN THE MARINE ENVIRONMENT, AND APPROVED BY THE CITY. S. NON - STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SU SMUT PRODUCT SPECIFICATIO TO CITY OF NEWPORT BEACH FOR APPROVAL CITY OF NEWPORT BEACH BUILDING DEPARTMENT GRAND CANAL PLATFORM & STEPS FOR Drawn: R. OKADA Scale: N.T.S. Date: JULY 2004 DRAWING NO. STD -603 -L 1x4 5" MIN. A 2 "x4" S4S ROUNDED RAIL 4' -9" MAX zr SEE STD -612 -L A FOR GANGWAY HANGER BRACKET DETAIL 4-2x10 (MAY BE CUT TO 5" AT ENDS) GANGWAY (USING STANDARD SAWN LUMBER STRINGERS) SIDE ELEVATION (MAX. SLOPE FOR RESIDENTAIL USE = 1:2.5) 3b' 1 RAILING 14' TIE ROD @ 4' -9 "— SPACING MAX. NOTES: 4x4 S4S POSTS MIN. @ 6' O.C. MAX. MAX. STEP -OFF = 7" 36" 2x4 SHAPED AS SHOWN W/ 3 -3" S.S. DECK SCREWS TO POST TYP. POST E4BLOCKING DECKING SHALL BE NON -SKID TYPE. ALTERNATIVES INCLUDE: 1 -1/2 "x 6" HALF ROUND STRIPS 12 "C-C, 3/4" PLYWOOD WITH GRITTED DECKING 1/2 "0 MACHINE BOLTS TYP. (2x10 BRIDGING AT EA. POST) SECTION A -A 1. TIMBER SHALL BE SELECT STRUCT. D.F. WITH A STATE OF CALIFORNIA - APPROVED PRESERVATIVE. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A FIELD - APPLIED COAT OF PRESERVATIVE TREATMENT, PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT -DIP GALVANIZED OR EPDXY- COATED. 4. WALKING SURFACES SHALL HAVE A SKID - RESISTANT FINLSHI SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE BY THE CITY OF NEWPORT BEACH. 5. NON-STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SUBMIT PRODUCT SPECIFICATIONS TO CITY OF NEWPORT BEACH FOR APPROVAL. 6. OPTIONAL GANGWAY TYPES: ALUMINUM GANGWAYS WITH NON -SKID WALKING PLANKS ARE RECOMMENDED AS A SUBSTITUTE FOR THE DETAILS NOTED IN THIS STANDARD. ALUMINUM GANGWAYS ARE NORMALLY PROVIDED BY QUALIFIED DESIGN /BUILD ALUMINUM FABRICATORS. REV. 2/05 CITY OF NEWPORT BEACH BUILDING DEPARTMENT SINGLE OR JOINT Dawn: R. OKADA nV'W YVUy'Vn Date INGN . Scale: N.T.S. RESIDENTIAL USE GANGWAY DRAWING NO. STD -604 -L MIN. z CLEAR CL E F GANGWAY LOCATION (REQUIRES 4' PLATFORM AT BULKHEAD FOR SUPPORT) TOP OF BULKHEAD ELEV. 9.0' M.L.L.W. MIN. LOWER z �- GUIDEPILE En 4' -0" MIN. 2' -6" MIN. P.L. FLOAT OR SLIP MIN. FINGER WIDTH VARIES WITH FINGER LENGTH. SEE TABLE NO. 1 O = mZZ z J zm >okn GUIDEPILE. SEE DOCK LAYOUT CASE FOR ALLOWABLE PILE OUTER LIMIT FOR WHEN A "PROJECT LINE" APPLIES 7 wil it CUT OFF PILE AT ELEV. +12.00' M.L.L.W.— AS PER STD -604 -L PILE (TYP.) SAND LINE—\ PROFILE z 1. TIMBER SHALL BE SELECT STRUCT. D.F. TREATED WITH PRESERVATIVE APPROVED BY THE STATE OF CALIFORNIA. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF PRESERVATIVE TREATMENT PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT DIP GALVANInED OR EPDXY COATED. 4. WALKING SURFACES SHALL HAVE A SIOD RESISTANT FINISH, SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE, BY THE CRY OF NEWPORT BEACH. 5. NON-STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SUBMIT PRODUCT SPECIFIC TO CITY OF NEWPORT BEACH FOR APPROVAL, S SEE STD -604-L & STD613 -L FOR GANGWAY AND MAKER BRACKET DETAILS 7. LOCATION OF PLATFORM, GANGWAY, SUP & FLOATS IS OPTIONAL PROVIDING PROPER SETBACKS ARE MAINTAINED. CITY OF NEWPORT BEACH APPROVED BUILDING DEPARTMENT SINGLE RESIDENTIAL USE Drawn: ROKAT FLOAT WITHOUT PIER WIN JULY DRAWING NO. w Z w z w I, Scale: N.T.S. STD -605 -L P.L. I PROLONGAVON OF P.L. nI I 2: GANGWAY (STD -604L) FLOAT PLAN CUT OFF PILE AT ELEV. TOP OF +12.00' M.L.L.W. BULKHEAD ELEV. 9.0' M.LL.W. MIN. CONCRETE PILE (TYP.) GANGWAY AS PER STD -604 -L VARIES FLOAT 1 PROFILE 1. TIMBER SWILL BE SELECT STRULT. D.F. TREATED WITH PRESERVATIVE APPROVED BY THE STATE OF CALIFORNIA 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH OOAT OF PRESERVATIVE TREATMENT PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE, BY THE CITY OF NEWPORT BEACH. S. NON - STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER SUBMIT PRODUCT SPECIFICATIONS TO CITY OF NEWPORT BEACH FOR APPROVAL 6. SEE STD-609-L & STD612 -L FOR GANGWAY AND HANGER BRACKET DETARS. ]. LOCATION OF PLATFORM, GANGWAY, SLIP & FLOATS 15 OPTIONAL PROVIDING PROPER SETBACKS ARE MAINTAINED. CITY OF NEWPORT BEACH BUILDING DEPARTMENT J Q z 6 FREEBOARD PER DESIGN CRITERDI SINGLE RESIDENTIAL USE FLOAT Dm":ROKADA Scale: N.T.S. WEST NEWPORT CHANNELS Dat.: JULY 2004 DRAWING NO. STD -606 -L Q T' K PIER VARIABLE PROLONGATION OF P. RAILINGS SHALL COMPLY WITH STATE OF CALIFORNIA TITLE 24 REQUIREMENTS z PLATFORM OPTIONAL GANGWAY - -1 8' -0" MIN. VARIABLE AREA OF PLATFORM SHALL NOT EXCEED 170 SQ. FT. GUIDEPILE. SEE DOCK LAYOUT CASE 9B- FOR ALLOWABLE PILE OUTER LIMIT FOR WHEN A "PROJECT LINE" APPLIES FLOAT OR SLIP T CLR MIN. w IT) i is W T CLR MIN. a ACCESS FLOAT PROFILE O MIN. FINGER WIDTH VARIES WITH FINGER LENGTH. SEE FIG. NO. 1 w 1. TIMBER SHALL BE SELECT STRUM D.F. TREATED WITH PRESERVATIVE APPROVED BY THE STATE OF CALIFORNIA. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF PRESERVATIVE TREATMENT PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE, BY THE CITY OF NEWPORT BEACH. 5. NON - STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SUBMIT PRODUCT SPECIFICATIONS TO CITY OF NEWPORT BEACH FOR APPROVAL. 6. SEE STD-609 -L & ST66124 FOR GANGWAY AND HANGER BRACKET DETAILS. 7. LOCATION OF PLATFORM, GANGWAY, SLIP & FLOATS IS OPTIONAL PROVIDING PROPER SETBACKS ARE MAINTAINED. CITY OF NEWPORT BEACH BUILDING DEPARTMENT COMMERCIAL PIER & FLOAT INSTALLATION ' ' Scale: N.T.S. I n...e. n n v Anne DRAWING NO. STD -607 -L W I Z Z L � E Ln Y I PIER � IfsrosoB -L) f C it I VARIABLE AREA OF PLATFORM SHALL NOT GUIDEPILE. SEE DOCK LAYOUT EXCEED 170 SQ. FT. CASE 9B FOR ALLOWABLE PILE OUTER LIMIT FOR WHEN A — PROLONGATION OF P.L. "PROJECT LINE" APPLIES - - - - - - - - -� --- - - - - -- - t- - Z IW Z En N IJ V] Q¢¢ 1= GANGWAY (STD 604 -L MIN. Iw / CL 1z RAILINGS SHALL COMPLY WITH STATE OF CALIFORNIA TITLE 24 REQUIREMENTS— TOP OF BULKHEAD ELEV. 9.0' M.L.L.W. MIN. WATER z I � W 4, Mm FLOAT OR SLIP a a� > In I ❑) i VARIABLE /� MIN. FINGER WIDTH— VARIES PLAN LEGTH. SEE 444. NO.1 z Tb62, CUT OFF PILE AT ELEV. +12.00' M.L.LW. 12 IKW — GANGWAY CONC Ia AS PER STD -604-L PILE (IYP.) j FLOAT BbTAUATIONS PER DESIGN CRITERIA -3.0 M.L.L i SAND LINE (MIN. i I SEE NOTE e I BELOW Q m� O pp V�VAR ABLE C'•V 7 U.1 I F � z PROFILE a 1. TIMBER SHALL BE SELECT STRUCT, D.F. TREATED WITH PRESERVATIVE APPROVED BY THE STATE OF CAUPDRNIA. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF PRESERVATIVE TREATMENT PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE, BY THE CITY OF NEWPORT BEACH. S. NON - STRUCTURAL MEMBERS MAY BE ALTMMITVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SUBMIT PRODUCT SPECIFICATIONS TO CITY OF NEWPORT BEACH FOR APPROVAL 6. SEE STD -609-L & STD -612 -L FOR GANGWAY AND MANGER BRACKET DETAILS, 7. LOCATION OF PLATFORM, GANGWAY, SLIP & FLOATS IS OPTIONAL PROVIDING PROPER SETBACKS ARE MAINTAINED. B. UNDER EK -TREME LOW WATER CONDITIONS, PONTOON MAY CONTACT MUDUNE. VERIFY IF PONTOONS AND DOCK SYSTEM CAN WITHSTAND THIS STRESS. CITY OF NEWPORT BEACH BUILDING DEPARTMENT SINGLE RESIDENTIAL USE FLOAT WITH PIER BUILDING DIRECTOR Drawn: ROKADA Scale: N.T.S. Date: 711LY 2004 DRAWING NO. STD -608 -L VARIABLE. DEPENDENT ON TOP RAIL (ROUNDED) MID -RAILS i2 ,w- DECKING OPENING 3/4" X a.i�. 24" A.B. B. MIN. n, PRECAST CONCRETE PILE TYP. 3X4 S4S POSTS @ 5' O.C. MAX. TYP. 1/2" 0 MIN. BOLTS WITH 2" DIA. WASHERS, TYP. _L6" MAX. ��.. � HIGH WATER n 6" CLR o LOW WATER (NTS) TYPICAL PLATFORM SECTION NOTES: 1. TIMBER SHALL BE SELECT STRUCT. D.F. TREATED WITH PRESERVATIVE APPROVED BY THE STATE OF CALIFORNIA. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF PRESERVATIVE TREATMENT PER STATE AND FEDERAL GUIDELINES. 3. BRACKETS AND FASTENERS SHALL BE STAINLESS, HOT DIP GALVANIZED OR EPDXY COATED. 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAINTED TIMBER, GRIT ON TIMBER, OR OTHER SURFACING DEEMED APPROPRIATE FOR THE INTENDED SERVICE, BY THE CITY OF NEWPORT BEACH. 5. NON - STRUCTURAL MEMBERS MAY BE ALTERNATIVE MATERIALS SUCH AS PLASTIC DIMENSIONAL LUMBER. SUBMIT PRODUCT SPECIFICATIONS TO CITY OF NEWPORT BEACH FOR APPROVAL. 6. STRINGER SPLICES ARE NOT PERMITTED BETWEEN PILES. 7. NUMBER OF PILES DEPENDENT ON PLATFORM LAYOUT. CITY OF NEWPORT BEACH BUILDING DEPARTMENT SINGLE OR JOINT RESIDENTIAL USE PLATFORM SECTION APPROVED: BUILDING DIRECTOR 'Mr- """" " ' Scale: N.T.S. I DRAWING NO. STD -609 -L EY-0" MAX. 1 DECKING & 1 GUARDRAILS TO BE DESIGNED PER CODE 1 - 1 TUBE TYP. DRYPACK OR NON- SHRINK- GROUT 1 "0 THREADED RODS IN - CORRUGATED SLEEVES, 4'-T EMBED. (2 TOTAL) - EPDXY NOWSHRINKGROUT NOTE: PLATFORM FRAMING NOT SHOWN FOR CLARITY SECTION A -A 16" SQ. PRESTRESSED CONCRETE PILE W/ 6 -Y,10 STRANDS (MAX. 20'41" PILE SPACING) TYPE 316 S.S. L3x3 CLIP - ANGLE WJY2 "0 S.S. EXP. ANCHORS (4" EMBED.) TYP. TYPE 316 S.S. L4A CLIP - ANGLE Wt WO S.S. EXP. ANCHORS (4" EMBED.) TYP. SECTION B -B NOT 1. CONCRETE SHALL HAVE MINIMUM PC = 6,000 PSI. PRESTRESSING STRANDS SHALL HAVE A MINIMUM fpu = 270167. L ALL TIMBER SHALL BE TREATED PER ACCEPTED STATE OF CALIFORNIA REQUIREMENTS. 3. BRACKETS AND FASTENERS FOR TIMBER FRAMING SHALL BE HOT -WP GALVANIZED, EPD%Y{VATED OR STAINLESS STEEL. CONNECTORS TO BE y" MIN. THICKNESS, UNLESS OTHERWISE NOTED. 4. WALKING SURFACES SHALL BE SKID - RESISTANT. 5. ALL TIMBER PLATFORM FRAMING AND RAILINGS SHALL BE DESIGNED BY A LICENSED ENGINEER AND ARE NOT DETAILED IN THIS STANDARD. 6. TIMBER STRINGER SPLICES ARE NOT PERMITTED BETWEEN PILES. 7. OPTIONAL CAST-IN -PLACE CONSTRUCTION IS ACCEPTABLE. IF 60, LEVELING GROUT AND DRYPACK OR NON-SHRINK GROUT ILLUSTRATION WOULD NOT BE REQUIRED. B. AN ENGINEER LICENSED IN THE STATE OF CALIFORNIA SHALL VERIFY PILE SIZE AND TYPE, AS WELL AS EMBEDMENT. TYPICAL PIER SECTION r 1 SCALE: N.T.S. CITY OF NEWPORT BEACH BUILDING DEPARTMENT TYPICAL PIER SECTION 010 BUILDING DIRECTOR Drawl: --- Scale: N.T.S. Date: AUG 2004 DRAWING NO. STD- 610 -L.1 8' -0" MAX. RS OF NAILER PIER FRAMING, DECKING & GUARDRAILS TO BE DESIGNED PER CODE B ROD THREADED RODS WELDED TO TS CAP Y"WELDED T5126xY MLE CAP CLOSURE 7E 7yp, ASSUMED B STEEL CAP PLATE STEEL PIPE PILE (WALL THICKNESS = )h" MIN.) (MAX. 2D -0" PILE SPACING, MIN. 15'-0" EMBED. BELOW MUDLINE ASSUMED) - SHOP COAT OUTSIDE SURFACE OF PIPE W/ AN EPDXY COATING W/ SPECIFIC PERFORMANCE SPECIFICATIONS FOR THE MARINE ENVIRONMENT 1/4 PER MANUFACTURER'S RECOMMENDATIONS (AMERLOCK 400 OR EQUAL). SEE NOTE 7. SECTION A-A SECTION B-B NOTES: 1. ALL STEEL COMPONENTS SHALL BE MINIMUM ASTM A36 ( MIN, Fy = 36 KSI). ALL STEEL PIPE PILES SMALL BE ASTM AS3, GR B MATERIAL (MIN. Fy = 35 KSI). Z. ALL TIMBER SMALL BE TREATED PER ACCEPTED STATE OF CALIFORNIA REQUIREMENTS. 3. BRACKETS AND FASTENERS FOR TIMBER FRAMING SHALL BE HOT -DIP GALVANIZED, EPDXY-COATED OR STAINLESS STEEL CONNECTORS TO BE Ye MIN. THICKNESS. 4. WALKING SURFACES SHALL HAVE A SKID - RESISTANT FINISH, 9" AS UNPAINTED TIMBER S. ALL TIMBER PLATFORM FRAMING AND RAILINGS SMALL BE DESIGNED BY A LICENSED ENGINEER AND ARE NOT DETAILED IN THIS STANDARD. 6. TIMBER STRINGER SPLICES ARE NOT PERMITTED BETWEEN PILES. 7. NO COATING ON STEELWORK 4" FROM WELDED PARTS (PILE AND CAP) TO ALLOW FOR FIELD WELDING. TOUCHUP THIS UNCOATED AREA AFTER FABRICATION PER MANUFACTURERS RECOMMENDATIONS, INCLUDING SURFACE PREPARATION. IF PILES REQUIRE CUT -OFF DUE TO SUFFICIENT BLOW COUNTS PRIOR TO OBTAINING TIP ELEVATION, REMOVE COATING IN UPPER 4" OF PRE TO ALLOW FIELD WELDING. 8. FOR ADDITIONAL CORROSION RESISTANCE, THE APPLICANT MAY WISH TO CONSIDER INSTALLING A PASSIVE OR ACTIVE CATHODIC PROTECTION SYSTEM. 9. AN ENGINEER LICENSED IN THE STATE OF CALIFORNIA SMALL VERIFY FILE SIZE AND TYPE, AS WELL AS EMBEDMENT. TYPICAL PIER SECTION a LOMON AT LOCATIONS OF SHALE AND /OR HARD SUBSURFACE TERIAS NOT SUITABLE FOR CONCR E PILES) SCALE: N.T.S. CITY OF NEWPORT BEACH BUILDING DEPARTMENT TYPICAL PIER SECTION Dm :__ (ALTERNATE) Date: AUG 200 DRAWING NO. DIRECTOR I Scale: N.T.S. STD - 610 -L.2 NEN GAP PRECAST OONCRETEI WEEP HOLE MUDLINE SLOT Y" RAD. SECTION AT BULKHEAD (D SCALE: NOT TO SCALE Z'-(" MIN. cm rBOTTOM SIDE AS STRMI CAST. EARTH SIDE SPACED AS INSTALLED Id TIES, SF Q PANEL PRECAST (PRESTRESSED) PANEL SECTIONL a SCALE: N.T.S. NOTE; 1. DIMENSIONS AND SIZES NOTED TO BE CONFIRMED OR AMENDED BY THE ENGINEER OF RECORD. CITY OF NEWPORT BEACH BUILDING DEPARTMENT BULKHEAD & PRECAST PANEL SECTIONS & ELEVATION PANEL REINF. (EPDXY- 1'4" I'4" 4112" COATTED)Z" 0. �� Cl-R. . O C REINFORCING BY DESIGN ENGINEE SLOT Y" RAD, PRECAST(PRESTRESSED)PANEL ELEVATION"' (WATER SIDE) Z SCALE: N.T.S. BUILDING DIRECTOR x °iAUG Date: AUG 2 Scale: As Noted 004 DRAWING NO. STD- 611 -L.1 ?, 2'-D' CHAMFER TO MATCH EXISTING FILL POCKET WITH GROUT 7 GROUT TUBE, CUT- AFTER STRESSING OFF FLUSH AND ROD PATCH AFTER PROPER P B INSTALLATION 2. PVC PIPE, FILL SOLID WITH GROUT AFTER STRESSING PRECAST SHEET PANEL AND DOWELS (EPDXY - COATED). SEE DETAILS 2 & 3 WATERSIDE EARTH SIDE NOTE: THE 2' -D' CAP WIDTH IS A MINIMUM DIMENSION AND DOES NOT ALLOW FOR MISALIGNMENT OF CONCRETE PANEL. CONTRACTOR SHAM MAKE ALL NECESSARY ADJUSTMENTS TO THE CAP WIDTH TO MAINTAIN INDICATED CLEARANCES. WIDTH OF TAP SHALL BE MAINTAINED FOR THE ENTIRE LENGTH OF NEW CAP. GENERAL NOTE: REINFORCEMENT, WALL DIMENSIONS AND THICKNESSES TO BE DESIGNED FOR THE SPECIFIC SITE CONDITIONS AND LOADS, SECTION AT BULKHEAD CAP (STRESSING END)�\ SCALE; 3)4" = I'-W VERT SPACED \ EQUALLY BETWEEN ANCHOR ROD, EACH FACE (EPDXY -COATED) ANCHOR PL. o V: PVC PIPE, SOLID ° STRESSING ER CONCRETE DEADMAN SECTION "t \ (FIXED END) SCALE: N.Ta i' THREAD BAR, GRAD 150, ASTM A722 ° d ° NOTE: I. DIMENSIONS AND SIZES NOTED TO BE CONFIRMED OR AMENDED BY THE ENGINEER OF RECORD. B SIM. , 2. DETAILS OF THREADBAR, ENCASEMENT, ANCHOR PLATES, NUTS, WASHERS AND POCKETS MAY DIFFER FROM MANUFACTURER TO MANUFACTURER. DETAIL (FIXED END) SCALE; N.T.S. CITY OF NEWPORT BEACH BUILDING DEPARTMENT BULKHEAD CAP & DEADMAN Drawn: -- BUILDING DERECIOR SECTIONS &DETAIL DaIa:AUGZ °°^ scale: As Noted DRAWING No- STD - 611 -L.2 gR yG a e E THREADBAR, GRADE 150, ASTM A722 IN 43" CORRUGATED PVC SHEATHING. SHOP GROUT, ROD SHALL BE ROUGHEN SURFACE CL POST - TENSIONED PER (FOUR SIDES) TYP. ENGINEER OF RECORD OR REQUIREMENTS TIES (EPDXY COATED) REINF_. PRECAST SHEET PANEL AND DOWELS (EPDXY - COATED). SEE DETAILS 2 & 3 WATERSIDE EARTH SIDE NOTE: THE 2' -D' CAP WIDTH IS A MINIMUM DIMENSION AND DOES NOT ALLOW FOR MISALIGNMENT OF CONCRETE PANEL. CONTRACTOR SHAM MAKE ALL NECESSARY ADJUSTMENTS TO THE CAP WIDTH TO MAINTAIN INDICATED CLEARANCES. WIDTH OF TAP SHALL BE MAINTAINED FOR THE ENTIRE LENGTH OF NEW CAP. GENERAL NOTE: REINFORCEMENT, WALL DIMENSIONS AND THICKNESSES TO BE DESIGNED FOR THE SPECIFIC SITE CONDITIONS AND LOADS, SECTION AT BULKHEAD CAP (STRESSING END)�\ SCALE; 3)4" = I'-W VERT SPACED \ EQUALLY BETWEEN ANCHOR ROD, EACH FACE (EPDXY -COATED) ANCHOR PL. o V: PVC PIPE, SOLID ° STRESSING ER CONCRETE DEADMAN SECTION "t \ (FIXED END) SCALE: N.Ta i' THREAD BAR, GRAD 150, ASTM A722 ° d ° NOTE: I. DIMENSIONS AND SIZES NOTED TO BE CONFIRMED OR AMENDED BY THE ENGINEER OF RECORD. B SIM. , 2. DETAILS OF THREADBAR, ENCASEMENT, ANCHOR PLATES, NUTS, WASHERS AND POCKETS MAY DIFFER FROM MANUFACTURER TO MANUFACTURER. DETAIL (FIXED END) SCALE; N.T.S. CITY OF NEWPORT BEACH BUILDING DEPARTMENT BULKHEAD CAP & DEADMAN Drawn: -- BUILDING DERECIOR SECTIONS &DETAIL DaIa:AUGZ °°^ scale: As Noted DRAWING No- STD - 611 -L.2 gR yG a e E #3 CONCRETE — AGGREGATE WEEP HOLE, 3^p P SOH. 80 PIPE W/ FILTER CAP TO PREVENT LOSS OF FINE - GRAINED MATERIAL #4 CONCRETE — AGGREGATE a ELEVATION SCALE: 3/4 " =V -0" 2' -0" MIN NEW CONC. CAP a REFER TO DETAIL4 e c DOWELS WITH HOOKS (EPDXY COATED) a EPDXY GROUT. ANNULAR SPACE AROUND REBAR. VERIFY HOLE DIAMETER WITH EPDXY GROUT MANUFACTURER. FABRIC TO WALL AT TOP D WATER SID BOTT, ALLOWING FOR LONG -TERM MOVEMENT FILTER FABRIC ALLOWING WATER FLOW WRHOLR TRANSM1llTNG FINE EARTHEN MATERIALS WEEP HOLE #3 CONCRETE AGGREGATE WEEP HOLE SECTION �\ SCALE: AS SHOWN tl c EXIST. LONG PANEL SECTION AT BULKHEAD DOWELS B SCALE: 1/3^ = r-0^ CITY OF NEWPORT BEACH BUILDING DEPARTMENT BULKHEAD SECTIONS & DETAILS PLAN semi: NOT To SCALE NOTE: PLATE DETAIL AT STRESSING END (CAP) SHOWN, PLATE DETAIL, SIMILAR AT FIXED END (DEADMAN) DETAIL �y1 SCALE: L 112"= P -0• F c a a e y r F "TaWH` - Scale: As Noted Date: AUG 2004 ; DRAWING NO" STD - 611 -L.3 QJ W cg LL R' r 2' > N EPDXY TANGENT TO O.D. o o c� d Z ZU .D .> ...o. y U t ` pv D D 13/4" O.D. 1" I.D. MIN.--J EYE BOLT (SHORE MOORING) Q O COPING DOCK CLEAT (TYPICAL DOCK MOORING CLEAT) NOTES 1. EYE BOLT SHALL BE FABRICATED OF STAINLESS OR GALVANIZED STEEL. 2. EPDXY SHALL CONFORM TO ASTM C881 STANDARD, OR SHALL BE AN EPDXY FORTIFIED GROUT INTENDED TO BE USED FOR PERMANENT ANCHORAGE OF EQUIPMENT, AND SHALL BE APPLIED IN ACCORDANCE WITH MANUFACTURER'S WRITTEN INSTRUCTIONS. 3. DOCK CLEATS SHALL BE GALVANIZED CAST METAL WITH HEX-HEAD THRU -BOLTS CONNECTED INTO THE TIMBER FRAMING WITH WASHER AND NUT, ALL GALVANIZED. 4. DIAMETER OF THRU -BOLT PER CLEAT MANUFACTURER RECOMMENDATIONS. S. CLEAT AND BOLT SIZES BY DESIGN ENGINEER. CITY OF NEWPORT BEACH I APPRDVEDj I BUILDING DEPARTMENT W -' EYE BOLT OR CLEAT Drawn: R. OKADA oV'LV "V LN` Vn FOR BOAT ANCHORAGE Date:7[IL.Y2004 Scale: N.T.S. 1)RAWINGNO. STD -612 -L PIPE ATT TAPPED END PL. %" THICK ANGLE I" KEEPER PL. (REQ'D TO REVENT GANGWAY FROM BEING [FTED OFF HANGER BRACKET T EXTREME HIGH TIDES) s" BENT PL. i" STIFFENER PL, ENTERED ON SSEMBLY RESIDENTIAL GANGWAY HANGER (TYPICAL) NOTE: ONE SHOWN, TWO REQUIRED. CITY OF NEWPORT BEACH BUILDING DEPARTMENT RESIDENTIAL GANGWAY HANGER (TYPICAL) BUILDING DIRECTOR LI3VJ0: tt.VRAVH Scale: N.T.S. I n,.e nn v Anne DRAWINGNO. STD -613 -L am l_ � pvLMt The Harbor Commission Task List Provides a Preview of Today's Discussion Items... • X.,.e, 5.. so-W HARBOR COMMISSION TASK LIST NIeI •UVe�:emu0e�'P@ wpvwmurowmva w•wman:newm i MwnwvPaa /4 tA1I+Y�aI ♦ PW�',$Y 6••val a Cmn:ru Wnlwvoeepq.ma 2p+n lv+slNnetTNl my�vsvP v ]mWncen wPU UVmv+:rnP Wn�CCmn w�pnPpgawarNNmwum a mLanv�eP V•xmmm.bumrrwWLan�m.vniaa� a CawW MnwgPgvnm n xvw • iNVamuawPaxavW � mnvy�w bWS+:Yatlnwaevna e fnuuneenruW WwMawwS: Waaxo-vnuu •Er•uaavMaM.vNna •ni•wPV Y'.•a aCrartw:ouv C4��^V' -/'a Lorry 4uui n•YVm va Pam• MMmFNaPx:n 92wmmanmNma4av - PwgxaPnvao-mP�oyµ� W �h q- 101-�3lo11 1 ti•u CGMSw Cub Wb ttw G/IW 0•rg: vuT Yo�c txn ii, 9•v aT• wm �n•:va MMa wrwu sw xw t�P• L•vw.Rtn vvnn t�t9,6W fawnPA+r min: gee �• mm sux�ra tx� vmn. OWA6�• Su�::v�atb+ W �h q- 101-�3lo11 1 An economic analysis will help us implement the Task List and chart a course for the future: Harbor Resources APPRAISAL - Completed Division Analysis of the current fair market rental value of tidelands uses, including slips, fuel docks, and piers. COST -OF- SERVICES STUDY - Completed Analysis of fee - for - service activities conducted by the City, and the cost of those activities. ECONOMIC ANALYSIS — In Progress An analysis of public benefits to private entities, assessment of the reasonableness of existing charges, strategy for the practical and political implementation of charges. "...,.� Analysis of the Mooring Transferability Issue Harbor Resources and Revisions to Title 17 Division Presented by Harbor Commission Chairman Don Lawrenz 2 Issue Harbor The Grand Jury Report states: "The purpose of this report is to Resources research and review the policies and procedures involved in the transfer Division of the public moorings located in Newport Harbor and to investigate whether private profits are being made from these transactions." The response to the Grand Jury's recommendation required further analysis and the California Penal Code 933.05 requires: the analysis to be presented to the City Council for consideration, within 6 months of the May 10, 2007 public release of the report. We intend to introduce the results of the analysis to the Council tonight and return in November for approval of the recommended changes to the Municipal Code. Grand Jury Recommendations 1, 2, 4, 7 and 9 required further analysis: The Mooring Master Plan Subcommittee developed a draft revision to the Municipal Code which addresses the issues presented in these recommendations. Additional fine tuning of the recommended Code changes will be performed prior to returning to the Council for approval. Grand Jury recommendations requiring further analysis... Harbor R -1: Tighten the regulations and procedures involved with Newport Resources Harbor mooring permits and their transfers to ensure that all Division monies received which rightly belong to the public, stay within the public arena. R -2: Consider public access to available moorings through adopting a more effective waiting list. R -4: Independently analyze and reestablish the City's Municipal Code concerning the Harbor Regulations on moorings; have new procedures match corrected regulations rather than codifying, without review, what has become embedded as established practice. R -7: Review the inclusion of yacht clubs and trust as mooring permittees. R -9: Review and update the mooring waiting list. Fair and Equitable Given that the City and County currently has a mooring management Harbor system that has evolved over 60 years in Newport Bay, the Mooring Resources Master Plan Subcommittee determined it was most appropriate to Division develop a fair and equitable management system that was not drastically different than the existing system. ➢ The Subcommittee fine -tuned the existing management system by: ➢ Defining who may be a permit holder or transferee. • Defining how a mooring permit may be transferred in compliance with Municipal Code rather than through existing loop- holes. • Providing for short and long -term mooring rentals that make the 720 offshore moorings more accessible to the public. • Phasing out a non - functional wait list and providing a means for mooring access to those that waited so long on that wait list while at the same time eliminating windfall profits. ➢ Providing a financial benefit to the tidelands fund (Newport Harbor Maintenance Reserve Fund) for activities related to the transfer and rental of the moorings. Who May be a Mooring Permit Holder or Transferee... `„ •.: / A mooring permit may be held by or transferred to the following Permit Harbor Holders, provided that there is only one natural person who will be Resources responsible for all required activities related to each permit: Division 1. A natural person holding title to an Assigned Vessel (an "Assigned Vessel" is a vessel lawfully registered or documented to the Permit Holder, and otherwise authorized by law to occupy the mooring), or who is in compliance with paragraph B(2); 2. A natural person who obtains title to an Assigned Vessel under a will or other testamentary instrument, and /or under the California Probate Code, provided that subsequent transfer of the mooring remains unrestricted; 3. A family trust holding title to an Assigned Vessel that designates a responsible natural person as required above, provided that the family trust does not prohibit transfer of the mooring; 0 Who May be a Mooring Permit Holder or Transferee (continued) ... Harbor Resources 4. A documented partnership holding title to an Assigned Vessel that Division designates a responsible natural person as provided above, provided that the p artnership or other operating agreement does not restrict transfer of the mooring; 5. A marine contractor that provides harbor infrastructure services (such as dredging) that designates a responsible natural person as provided above; 6. The Balboa Yacht Club and Newport Harbor Yacht Club (for moorings assigned to them and for moorings within their respectively assigned mooring areas). 7. The Lido Isle Community Association (for shore moorings assigned to it on Lido Island). Mooring permits may be transferred if... Harbor Resources 1. The Permit Holder is deceased, or has otherwise divested himself Division of the ownership of the vessel moored thereto; or 2. The Permit Holder has retained ownership of the vessel and has permanently vacated the mooring; and 3. As to the transfer of an offshore mooring permit, the Permit Holder has not transferred more than one offshore mooring to another Permit Holder during the previous twelve (12) months; and 4. As to the transfer of a shore mooring permit, the Permit Holder has not transferred more than one shore mooring to another Permit Holder during the previous twelve (12) months; and 5. The proposed transferee is not currently the holder of more than two (2) other mooring permits Short and long -term rentals make moorings more available to the public: 1. The City of Newport Beach and County of Orange ( "City/County") may Harbor rent Vacant Moorings at their discretion, and the Permit Holder may Resources Division not rent a Vacant Mooring. However, with the advance written approval of the Harbor Resources Manager, the Permit Holder may allow a non - Assigned Vessel to use a mooring for any 30 of 90 consecutive days. 2. Permit Holders without an Assigned Vessel on the mooring for more than 15 days shall notify the City /County of availability of the mooring for rent. 3. The Permit Holder must notify the City/County 30 days prior to returning the Assigned Vessel to its mooring from a long absence (for purposes of this section, "long" is greater than 60 continuous days). 4. A mooring renter must enter into a mooring rental agreement with the City/County, 5. The repair of any damage to the mooring equipment shall be paid by the mooring renter. 6. Renters shall provide mooring lines which shall be removed at the end of the rental period. 7. A mooring rental agreement is renewable based on availability. Short and long -term rentals make moorings more available to the public (continued): Harbor 8. The sub - rental agreement is renewable based on availability. Resources Having rented a mooring for any length of time does not entitle a Division renter to a renewal anywhere in Newport Harbor. 9. Long -term rental of moorings will be offered to those persons currently on the wait list, as a priority. 10. Persons not currently on the wait list may rent a mooring on a long -term basis, if available after offering open moorings to the wait list. 11. Persons on the wait list who do not accept a rental offering do not lose their position on the wait list. 12. It shall be the City's objective to assign approximately 75% of the moorings available for rent to long -term rental. 13.The remaining 25% of the moorings available for rent will be rented to transient vessels on a short-term basis. 14. The rental fee will be based on a rate established by the Newport Beach City Council and delineated in the Master Fee Resolution. 15.The rental fee will be deposited in the NHMRF. 16. No liveaboards shall be allowed on long -term rental moorings. 9 Existing wait list will be phased out... Harbor Resources 1. No additional names will be placed on the wait list effective December Division 31, 2007. 2. All persons on the wait list will be sent two notices (providing 30 day response time for each) requesting updating of current contact information. 3. If there is no response to the 30 day notices, then the person will be dropped from the wait list. 4. Biannual (two years) requests for contact information updates will be sent to wait list participants. Persons not responding to the two notice process, as noted above, will be dropped from the wait list. 5. A nominal fee adopted by the City Council in the Master Fee Schedule will be required to remain on the wait list. Existing wait list will be phased out (continued) ... Harbor 6. Revoked, cancelled, returned or abandoned moorings will be offered to Resources persons on the wait list based on a mooring permit reallocation fee Division established by the Newport Beach City Council and delineated in the Master Fee Resolution. 7. The mooring permit reallocation fee will be deposited in the NHMRF. 8. The mooring permit reallocation fee will be calculated based on 50% of the current market value per linear foot assigned to mooring permits in the most recent harbor fee appraisal survey. 9. If no person on the wait list accepts a mooring permit according to the reallocation process noted above, then the City/County may auction the mooring permit and assign the mooring permit to the highest sealed -bid submitted. Harbor Resources Division A transfer fee will be required ... 1. The transfer fee shall be equal to one year's current mooring permit fee (adjusted annually with the City Council's adoption of the Master Fee Schedule) for the mooring being transferred, and 2. Exemption to the transfer fee is allowed for transfers among the immediate family (husband, wife and children). Future Consideration of this issue ... Title 17 lllllli` L" > Staff from the City Attorney's Office, Planning Department, Revenue Harbor Department and Harbor Resources Division have completed the Resources complete rewrite of Title 17 of the Municipal Code. Division > A primary goal of this effort is to transfer the Council Policy H -1 into the Municipal Code, as needed, for more effective enforcement. > A copy of the proposed revision to Title 17 is enclosed in the Council packet. This revision does not include any of the aforementioned mooring transferability language. We will return to the Council for approval of the proposed revision to Title 17 in November 2007. Mooring Management - Transferability > The Mooring Master Plan Subcommittee will continue its effort to evaluate and recommend revisions to all administrative rules and regulations relative to mooring management. We will return to the Council for approval of these revisions in early 2008. ar.e noy Harbor Resources Division Dredging Issues Presented by Harbor Commissioner Tim Collins Other Signs of Dredging Needs... • Docks breaking up on sand shoals at low tide Harbor Resources . Vessels hard aground in their slips Division . Boaters monitor the tide for available daysltimes to transit the harbor 10 The City has unsuccessfully pursued federal funding for a project considered minimally necessary for safe navigation Harbor Resources The previously proposed plan was to have Army Corps of Engineers Division perform an emergency dredging of 400,000 cubic yards of sediment at a total cost of $4.1 million. Implement project with Upper Bay project contractor still on site to reduce mobilization cost. City has expressed willingness to contribute $1.0 M to reduce federal contribution further. Needs Congressional add - not in federal budget - not likely to make federal budget soon without add. Best vehicles are US Senators Boxer and Feinstein's office, with support of US Rep Campbell. Does not remove all of sediment in Lower Bay. Approximately 600,000 cy remain in federal areas of responsibility; 100,000 cy in Rhine Channel and 50,000 cy in West Newport. 11 A Proposed Change in Strategy ... ''`:- I Request Corps to perform complete cleanup of Lower Bay to design Harbor depths for one final time. Resources Division City to assume maintenance responsibility in the future. Corps would relinquish maintenance responsibility in exchange for contribution to an annuity and performance of final maintenance project. Upper Bay project, when completed would protect Lower Bay from significant impacts. Basins designed to intercept 20 years of sediment from watershed. Natural disasters caused by events such as major El Nino storms usually result in emergency declarations and possible FEMA funding. Only comprehensive dredging project was accomplished prior to 1936. Federal funding for maintenance of recreational harbors will continue to be difficult to obtain. Loss of federal maintenance would most likely include loss of maintenance funds for breakwater -. Federal harbor lines could be eliminated. Other Potential Financing Options Harbor Resources City could assume dredging responsibility, one time, with bonding Division against fees related to harbor activities. Private Pier Permit incremental fee increase or surcharge; Mooring Permit incremental fee increase or surcharge; Marine Activity Permit incremental fee increase or surcharge; RGP Dredging Permit incremental fee increase or surcharge; New "In Lieu" Fee on Building Permits for any project that has the potential to increase either the sediment load OR add toxicity to the sediment due to increased impervious surfaces; Development agreement fee for dredging on major projects on waterfront and/or tidelands projects. Maintenance of the Lower Bay can only be effective with a comprehensive source control program in the watershed... Harbor Resources Division Stakeholders: Cities: Newport Beach, Costa Mesa, Irvine, Santa Ana, Tustin, Lake Forest County of Orange, Dept. of Fish 8 Game, Water Quality Control Board, Coastal Conservancy, The Irvine Company Watershed Sediment Control Expenditures to date: $145,000.000 13 The Ecosystem Restoration Project restores and enhances many important habitats in the Upper Bay. In addition, the sediment basins proposed for cleaning and deepening will protect the Lower Bay from future sediment input from the watershed. Rhine Channel Contaminated Sediments Remediation Plan Harbor I Resources Division .a' r • The horizontal and vertical extent of the contaminated sediments has been characterized. • The impact of contaminated sediment removal on existing structures has been evaluated. • Several alternative dredging and disposal methods have been evaluated. • Four alternative projects have been found feasible and have been costed for further consideration. The timing is now right to begin negotiations with the Port of Long Beach for disposal of these sediments in the Pier G fill project for one of the more cost effective options. 14 Upper Newport Bay Ecosystem Restoration Project Features UPPER NEWPORT BAY Harbor Ecosystem Restoration Resources Division The Ecosystem Restoration Project restores and enhances many important habitats in the Upper Bay. In addition, the sediment basins proposed for cleaning and deepening will protect the Lower Bay from future sediment input from the watershed. Rhine Channel Contaminated Sediments Remediation Plan Harbor I Resources Division .a' r • The horizontal and vertical extent of the contaminated sediments has been characterized. • The impact of contaminated sediment removal on existing structures has been evaluated. • Several alternative dredging and disposal methods have been evaluated. • Four alternative projects have been found feasible and have been costed for further consideration. The timing is now right to begin negotiations with the Port of Long Beach for disposal of these sediments in the Pier G fill project for one of the more cost effective options. 14 Harbor Resources Division Harbor Area Management Plan And Eelgrass Issues Presented by Harbor Commissioner Seymour Beek How can the City balance environmental issues with ` the day to day operation, maintenance and Harbor recreational activities in Newport Bay? Resources Division A comparable resource management to o the landside Local Coastal Program is a Harbor ArealManagement,=lan. I. N -The City has applied for and received a grant to develop a Harbor Area Management Plan iAMP) to ensure that all 3 ax" A be c6aI uses of the'Lpwer Ba are maintained so that one t lost at the exile rise of "anothery ➢ "Ibe Resources Agencies have bought into the general M concept of developing a plan to manage the resources and Pbeneficial uses of the Bay using this methodology. The consulting team has prepared a draft outline of their Work plan. A Harbor Commission subcommittee has provided input and will monitor progress as part of a Technical Advisory Committee. 15 E. � Harbor « Resources:r ; Division` Eelgrass surveys are an important part of The HAMP development so that we can establish+ a baseline for the extent of eelgrass in the its harbor. _ . IV r island ll. Once a baseline is established to delineate 4 the essential fish habitat, then the HAMP will be able to define when mitigation is recgoired - r and what is a true de mmintus loss. Getting buy -in from the licles •7 on this concept is peratl6 "t ,t}6t#b" maintenance and operatl� "Ott' Harbor. The City is evaluating potential legal remedies if this strategy is not successfU4 Harbor Resources Division Mooring Masterplan Subcommittee Accomplishments Presented by Harbor Commissioner Marshall Duffield 16 The Mooring Masterplan Subcommittee Harbor Draw on expertise of local knowledge Resources Division Reach out to community and all stakeholders regarding what works now and what needs refinement Members included • Harbor Commissioners • Harbor Resources Staff ➢ Sheriff's Harbor Patrol D Newport Beach Residents > Racing /cruising Sailors ➢ USCG Licensed Captains Pilots D Power Boaters ➢ Engineers Doctors ➢ Educators i Marine Contractors Y Developers Yacht Clubs Represented Association of Orange Coast Yacht Clubs Balboa YC Bahia Corinthian YC Newport Harbor YC r Lido Isle YC i American Legion YC Newport Harbor Mooring Fields` K County Mooring Area IG1 Federal H Anchorage F NHYC C Moorings There are 12 active mooring fields and one federal anchorage in Lower Newport Bay. The Mooring Masterplan Subcommittee has systematically evaluated the boundaries and functionality of each mooring field. SYC Moorings B County A Mooring Area 17 Mooring Master Plan Subcommittee J The Subcommittee was also instrumental in formulating the Harbor text and back -up information of the Grand Jury Response to Resources the issue of: "Newport Harbor Moorings: Are they held in Division public trust or private profit ?" An interesting timeline: April, 2004 - Formation of Mooring Master Plan Subcommittee (MMPSC) May, 2004 — Mooring permittees notified of final mooring size increase until study complete November, 2004 - Staff presents draft of Consultant RFP March, 2005 — MMPSC decides to perform mooring evaluation tasks rather than hire consultant May, 2005 — MMPSC action plan finalized September, 2005 — Mooring field "A" analysis completed MMPSC submitted recommendations for remaining 11 mooring fields over the next 20 months May, 2007 — Grand Jury transmitted their report to the Ci Mooring Field Evaluation Process Harbor Resources ➢ Test one mooring field at a time Division ➢ Team effort — Private citizens and Public Agencies ➢ Team effort saved the City at least $200,0000 in consultant fees ➢ Recognize Harbor is recreational as well as a place to keep boats ➢ Harbor is limited size, shared by many users ➢ Gain familiarity with all perspectives: home owners, boat owners and commercial vessels ➢ Mooring Field "A" selected as "straw man" starting point W., OBJECTIVES Harbor Resources Address dredging issues Division Increase navigational safety Reduce liability concerns Avoid the expense and disruption of mass mooring relocations Correct intolerable spacing Maximize outreach and public consensus Revise administrative rules and regulations as needed LL--A PARAMETERS Harbor Resources Division Maintain clearance between mooring field and Federal channel Avoid reduction in the number of moorings Preserve historical mooring field master plan benefits Maintain open spaces of the bay for recreational use Maintain clear channels for access Consider further evaluation of mooring field management options such as multiple vessel mooring systems and offshore marinas 19 'arripJeof R9Cort}me�dedlCh ngeb: ++ -_ 33 ? i � ';� The new boundaries have been drawn to encompass the long term mooring locations with some moorings being relocated to enhance safe navigation and provide additional Federal Channel clearance. This involves six moorings at tha nnAh_waef an`l of tho fiiald Another Example bf Recorglia 9ded Cttsiiges `w to �s V. Adjust four moorings in the east end in a southerly direction. The south border is drawn at 75 ft. from the pier head line. This maintains the channel at the present functional width where it has functioned for many years. This satisfies adjacent residents, since it allows adequate width for proper navigation but discourages use by very large vessels. 'z 3: G a .�• mss' �. '_ '•' a:. ,a It. A% ea: .&. .; This field has traditionally accommodated commercial vessels and barges. The larger of the commercial vessels require positions near the field borders for safe navigation. This field is overcrowded and will require extensive repositioning of boats within the field and the m re- location of at least one boat to another mooring field in the harbor. Harbor Resources Division Essential Services Facilities Needed Waterfront Land Uses Improved City Coordination Presented by Harbor Commissioner John Corrough t �• , y I What Are >`� zj_ Harbor "Service Facilities "? • Boatyards /Shipyards (normal & emergency haulouts) Harbor Resources — Now only 4 -6 (of 18), only 1 -2 in 15 yrs Division — $35 -50 million essential industry • Marine Construction Barges & Dredges — $25 million essential industry — Use moorings (no docks), waterfront City /Harbor "Yard" • Marine Construction Loading /Launching Points — Only 2 — Rhine Wharf & Dunes Ramp (fee based) — Essential to Harbor uses • Harbor Maintenance Boats, etc. — 1 small City boat to clean up debris, check pump outs, enforce codes, etc. • Harbor Maintenance Loading /Unloading Points — Only 2 — Rhine Wharf & Dunes Ramp — More needed: Marinapark a 3rd, BYB a 4th? Other? • Harbor Safety, Rescue, Fire Vessels (county/city) — More docks / bases (Madnapark, Turning Basin) — Low -wake boats • Public Docks / Restrooms — Only 10 (5 Peninsula w/ 3 restrooms, 5 Balboa Island) — Serves local & visitor mooring /anchorage access for dinghies, fishing, pickup, drop off, fie up, swimming, schools, pump outs, pedestrians, Harbor Patrol, X -mas paradelevent watchers, kayaks, etc. (+ future water taxis, etc.) 21 Some Important Service Locations in the Harbor Harbor r 0 Resources Division A: mR 7 " "ON, One of Many Important Harbor Service Work Vessels Needing Berthing & Support/Access Locations in the Harbor Harbor Resources Division 'L(1, Harbor Economic Drivers / Issues ' Newport Harbor a Unique; Irreplaceable, Icon & Public Asset • Community Economic Driver Harbor Resources • GP Economic Analysis - marine uses provide 1,000+ jobs, rank 5th of 10 Division major uses in net income to City, 3rd in taxes, fees,etc. (above hotels) • Visitors Bureau I Chamber of Commerce Economic Impact Estimate - marinelwaterfront uses provide 4,800+ direct/indirect jobs, generate direct/indirect Stbillion + to Newport area • Conversion of Waterfront UsesMater- Dependent Uses Is Reducing Economic Drivers I Revenues, Replacing wl Non - Water- Dependent Uses - "1- shot" projects) =no $, no S multiplier effects to Newport • GP H &B Element, LCP LUP Provide Framework, Incentives to Private Sector to RetainlEnhance Water Dependent Uses With New "Hot" Uses - Not Used • City Not Yet Proactive, Creative in Using Available Incentives & Controls to Encourage/Prod/Bargain Private Sector to Build large projects well • As With Dredging, City Will Have to Invest in Land, Facilities to Preserve Harbor Services, Improve Access, Infrastructure = User Pay 23 Many Important Areas of Waterfront Stability & Change Needing Creative, Careful Planning Harbor f. _- �a Resources Division l� Joint Land / Water Planning Areas Harbor Resources Division • Bulkhead • Beach • 2 foot contour lines • Easements i f • Parcel Numbers • Addresses 2001, 2006 and future aerial fi layers can track dock changes over long term. 24 Water Area Planning, Zoning Actions Aided By New ' Data Bases Harbor Resources Division, • Bulkhead Line P • Plerhead Line • Project Line • Eelgrass Survey �- • Utility Services s , ,;E E •�i M -- , l.� • Mooring Areas • Federal Channels - +� • Race Marks kill • Any Scale New Data Aids For Tidelands Planning, Development Leases & Permits Harbor PAC. Resources J E Division i -. :i t.: 25 PAC. J E :i t.: 25 More Data Aids, Water Plans Integrated Into the HAMP `_J • Show proposed private waterfront developments and docking facilities Harbor site plans, water area uses, water - dependent uses within harbor wide, Resources GP, LCP LUP contexts Division Show proposed waterfront /on -water public improvements — docks, moorings, "offshore" marinas, Marinapark, Lido Marina Village, Mariners Mile waterfront walk, others in harbor wide GP, LCP LUP contexts Show existing ! proposed land -to- waterfront and on -water transportation routes, vehicle / vessel parking and transfer points to plan and provide vehicle trip - reducing supplemental transportation using harbor waters and federal funding Remove areas of limited or unsafe navigation in the harbor (35 % -40 %), with dredging to restore full harbor navigability, safety for vessels & persons, reduce liability Identify key "at risk" and "opportunity' waterfront uses and activities, particularly water - dependent existing uses as noted in LCP and General Plan, GP Harbor & Bay Element The Harbor Commission has requested better coordination and communication with the Planning Department and Planning Commission due to errors in interpretation and use of Municipal Code (changes required), need for proactive implementation of development incentives and requirements in existing planning policy documents & regulations. We are not getting the developments we have planned for or the development industry's best efforts. Newport's waterfront deserves better development. IN Loss of Essential Service Facilities No New Benefits Essential water - dependent services facilities Harbor such as shipyards are being replaced by new Resources multiuse developments without Division corresponding harbor -wide planning, incentives, public and private support for °�- retention of essential services and more 4- proactive, inclusionary efforts for water- •" dependent, water - related uses by City and private sector. The Harbor Commission has requested better coordination and communication with the Planning Department and Planning Commission due to errors in interpretation and use of Municipal Code (changes required), need for proactive implementation of development incentives and requirements in existing planning policy documents & regulations. We are not getting the developments we have planned for or the development industry's best efforts. Newport's waterfront deserves better development. IN t Lido Peninsula Slip Refurbishment Proiec Another example of inter-departmental project coordination Harbor IL— Resources Division 4w 27 Harbor Resources Division Visitor Serving Issues Presented by Harbor Commissioner Ralph Rodheim ` ""') Visitor Serving Facilities Newport, Rhode Island can serve as a model for the visitor serving facilities that they provide for the boating public. The Harbor Commission would like to develop a marketing plan for our harbor. Part of the plan would include improvements to visitor services. • We are developing Municipal Code revisions that would allow for short and long term mooring rentals. .r • Marina Park, as planned, would provide visitor 1_ guest docks and small vessel be ups. i r The Rhine Wharf dock will provide access to restaurants and services for visitors and locals. h i Other potential visitor serving projects under consideration by the Harbor Commission include: • Harbor -wide ferry service • Relocation of the Anchorage area • Offshore marinas • Multiple vessel mooring systems W Harbor Resources Division The Public Works Department has provided assistance in the design of repairs to the Rhine Wharf and construction of a visitor serving dock. Financing has been acquired though a developer agreement and permit applications have been submitted. (9 PUBLIC WORKS DEPARTMENT RHINE WHARF ACCESSIBLE RAMP R DOCK •�� _._.__._ -------- _._ -_ i R IIDO PMiK OWVE � i v THE RHINE Newport Harbor Nautical Museum Concept Plan Harbor '' Opportunities to improve public access and visitor serving Resources Waterfront facilities. Division rw'e y, The billing address of mooring permit holders is a good indicator of the recreational use of Newport Harbor as an important regional facility. � , Public and private marinas, educational facilities, small boat Harbor rentals and charter vessels provide additional visitor access to Resources Newport Bay. Division 298, 26 Mooring Permit Distribution •Npv)pte¢aCn •0' fu m(WN. dne»twn) o CaMana (ONSiodd Oragd Lwnly� oOd dSidd •ON d Wumry Harbor Resources Division Berthing and Temporary Storage for Smaller Vessels Presented by Harbor Commissioner Ralph Rodheim 99 Harbor Resources Division The public docks don't accommodate visitors and other uses if they are crowded with long term dinghy storage. Periodically time limit violations are excessive requiring implementation of impound procedures in accordance with Municipal Code. r00011i Mir , Haibm Resources Urvis iou 429H.a heli Drive Newport BeuILlr. C CA 92600 At Harbor NOTICE OF IMPOUND Resources Division June 18, 2004 Even with posting of veSSelstiedlopUII hil Yl excess di tweedy 1201 ntuudes.11e inviohin,ti notices like this ofCNINewpit"BeachMunkipaicode: dinghies are frequently 17.28010: Ma1menanmofPubl ¢Piers— Regulabom, wherenecessary impounded and to achlats public use and avoid e.Henbeo occupancy, congestion or blocking thereof. the CM Manager is authoMd and directed to postal" auctioned or destroyed. kinding the time during whim avessel maybe docked orsuppees or gear may be placed at or on any such pier or faciar to Wenty, (20) minutes... When a se gn Is in place gMng notice of such Arne (units, no person shall dock a vessel at arty such facility for a period of lime in excess of that bme period, or permit any supplies or gear to remain on such faCilhy for a Cando in excess of that posted on the sign. (Ord .2002- 28 (Caro. 2002) On 71 wsdav Jraw 21.200.7. N1e Slieldrs DeP.111 . Hailrol Panel will be Yrpourdblg any vessels m v ithirm M ihe.Lwve urennoued III e With Pei Municipal caN: 17.06.020,57 "t shall be the duly of' e City Manager:.. B. To Order any vessel Improperly anchored, moored or berthed in any area outside the JurscWton ofthe dsoictto Change Is Position to such a One a t he may designate, and In case his Orders are not complied with, or the vessel is unattended, to Cause Such vessll to be So noted, and to collect the cost thereoffrom the"wel, or otyner thereof.' 31 , 111pN f' T Harbor Resources Harbor Resources ` `t Division 1 A Harbor Commission - i Subcommittee and citizens group - - -' — ^� developed American Legion y conceptual plan to the pump -out dock - •`� extend public which is currently I docks for dinghy closed due to unsafe ' tie -up with appropriate conditions. �). �\ permits, as shown , here at t V Street EXMBPIA; 157HS7 ErAERML and approved in °°"+`• cWHC X&E this fiscal year's 6YMB.7J : 197HSMEEF budget. _""' cRAarac scn� N 32 Harbor Resources Division The current budget includes a similar dock extension at the 1511` Street Public I - Pier and replacement of the adjacent American Legion y pump -out dock which is currently I closed due to unsafe conditions. EXMBPIA; 157HS7 ErAERML °°"+`• cWHC X&E 32 Harbor Resources Division Other Potential Ways to deal with Long Term Dinghy Storage: Dinghy Racks String-line A project using these methods was not approved by a previous City Council. r _ __ L .nE Imo]' 33 I i T � r � I I Harbor Resources i Division Athird dock extension for r t— I �r small vessel tie up has also been designed for the + +i Fernando Street public dock. ; / �+; \ Construction is anticipated ; it in the Spring, 2008 f rr { r, i contingent on successful (� - J • .` rri permit acquisition. ,' i r IkN16'i 1&' HRNANLYIf /M!'r IY.YV CMPhIG SLILLE Y' • Harbor Resources Division Other Potential Ways to deal with Long Term Dinghy Storage: Dinghy Racks String-line A project using these methods was not approved by a previous City Council. r _ __ L .nE Imo]' 33 Harbor Resources Division Code Enforcement Issues Presented by Harbor Commissioner Karen Rhyne There are some codes that Harbor Resources enforces routinely: �--- \ The sea lion related sections of the Municipal Code are relatively new and require implementation of deterrent measures. The Harbor vessel pictured at the left was eventually removed from the Resources Division harbor. The Fire Code enforcement relative to multiple vessel berthing is routinely enforced on commercial properties as a critical health and safety issue. Should Municipal Code be developed to apply the Fire Code to residential docks? 34 "14,N The size of vessels using Newport Harbor and the - amount of overhang into navigation channels is a Harbor problem of increasing al ` �I �•��' Resources magnitude. at— Division Should the City continue 11 l u• to allow the `width of the beam' rule for overhang? A Harbor Commission Subcommittee is investigating the feasibility of continuing this rule for various areas of the harbor. t� There are some policies that Harbor Resources enforces based on complaint such as: . Encroachments Harbor , Vessel Overhang. Resources Division Some reasons for this approach include: Compliance with these issues is more enforceable as Code and the Harbor Commission and City Attorney have been working on a Title 17 rewrite that will be brought before the Council for consideration soon. t,_4ua.+..r. —I— Due to the geography of the Bay, some enctoa fhn)pn f$ agreed upon by developing neighborly solutions. _^:+ °" !Td'm Flo- "14,N The size of vessels using Newport Harbor and the - amount of overhang into navigation channels is a Harbor problem of increasing al ` �I �•��' Resources magnitude. at— Division Should the City continue 11 l u• to allow the `width of the beam' rule for overhang? A Harbor Commission Subcommittee is investigating the feasibility of continuing this rule for various areas of the harbor. t� 99