HomeMy WebLinkAboutSS4 - Appendix EAPPENDIX E
Harbor Channel and
Pierhea� Lines
HARBOR AREA MANAGEMENT PLAN
HARBOR LINES REVIEW
Technical Report
Prepared For:
Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Prepared By:
Everest International Consultants, Inc.
444 West Ocean Boulevard, Suite 1104
Long Beach, CA 90802
With HAMP Team: Weston Solutions, Inc.
June 2009
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
TABLE OF CONTENTS
1.0
INTRODUCTION ............................................................................... ...............................
1
1.1 Background ............................................................................... ..............................1
1.2 Purpose and Objectives ............................................................ ...............................
1
2.0
EXISTING CONDITIONS .................................................................. ...............................
2
2.1 Definitions ................................................................................. ..............................2
2.2 Rules and Regulations .............................................................. ...............................
2
2.3 Evolution of the Lower Bay and Harbor Lines ........................ ...............................
3
3.0
HARBOR LINES REVIEW ................................................................ ...............................
8
4.0
RECOMMENDATIONS ..................................................................... .............................14
4.1 Action Items ........................................................................... ...............................
14
4.2 Roadmap to Implement Harbor Line Changes ...................... ...............................
14
5.0
REFERENCES .................................................................................. ...............................
16
LIST OF TABLES
Table 1. Recommended Harbor Line Changes .............................................. ............................... 10
Figure IA-C. Harbor Lines Review
LIST OF FIGURES
8
s
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
1.0 INTRODUCTION
1.1 Background
After construction of the portion of Newport Bay below the Pacific Coast Highway (Lower Bay),
the federal government, through the U.S. Army Corps of Engineers (USAGE), established harbor
lines (project lines, pierhead lines and bulkhead lines). These lines define the federal navigation
channel dredging limits, and the limits on how far piers, wharfs, bulkheads and other solid fills
can extend into Lower Bay waters. These lines are important for maintaining safe navigation
conditions throughout the Lower Bay.
The harbor lines have not been systematically adjusted since their original development in 1936
even though the Lower Bay has been altered extensively since this time and there have been
changes in uses as well. For example, numerous basins and islands have been constructed after
the initial construction. The types, sizes, and distributions of vessels within the Lower Bay have
also been changing over time following market demands. In addition, changes in policy and
regulations at the federal, state, and local levels have resulted in a different regulatory condition
from that considered at the time the lines were initially established.
1.2 Purpose and Objectives
As part of the Harbor Area Management Plan (HAMP) for Newport Bay, this task identifies and
addresses issues related to the harbor lines throughout the Lower Bay and provides
recommendations to update these lines.
Specific objectives developed to satisfy the purpose of this task include:
• Identify existing harbor lines including project lines, pierhead lines, and bulkhead
lines.
• Review the development of these lines with respect to relevant policies, regulations,
guidelines, and procedures.
• Prepare a map showing the existing harbor lines and summarizing the relevant
policies.
• Develop a matrix of goals and constraints to evaluate current harbor line positions
based on existing uses.
• Prepare a draft and final report on work performed for the above objectives as well as
recommendations, and a road map for implementation of the recommendations.
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
2.0 EXISTING CONDITIONS
2.1 Definitions
A harbor line is the line set by the federal government, delineating the area in which no
obstructions to navigation are allowed (United States of America, Sec. 403). In the Lower Bay,
harbor lines include the project line, pierhead line, and bulkhead line (United States of America,
Sec. 424).
A harbor project line, federal project line, or project line is the boundary of the federal project
and limit of certain federal responsibilities. Pierhead and bulkhead lines are typically between
the project line and land.
A pierhead line is a boundary set by the USACE beyond which a pier may not extend
(Committee on Standardization and Special Research, 1940). This is typically located between
the project line and the bulkhead line.
A bulkhead line is a boundary set by the USACE beyond which solid fill may not be extended
(Committee on Standardization and Special Research, 1940).
2.2 Rules and Regulations
There are several rules and regulations pertaining to the harbor lines that must be accommodated
in any potential update or realignment of harbor lines.
The City of Newport Beach Municipal Code (Title 17) has the following regulations concerning
harbor lines:
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 Public Works Director for public inspection (Newport Beach, 2002a).
I
Prior approval of the U.S. Corps of Engineers will be required when:
A. Work extends beyond the U.S. pierhead line; B. Solid filling of a solid structure is constructed
beyond the U.S. bulkhead line; C. Harbor lines have not been established in the area by the U.S.
Corps of Engineers. (Newport Beach, 2002b).
The Harbor Permit Policy was developed by the City of Newport Beach to regulate bulkheads,
cantilevered patio decks, bulkhead lines, piers, floats, pierhead lines, and other water front
structures (Harbor Resources Division, 2004). The rules are extensive and hence not repeated
here.
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
The following are federal regulations (Title 33 — Navigation and Navigable Waters) pertaining to
harbor lines in Newport Harbor:
The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead
lines, either or both, at Newport Harbor, California, in accordance with plan dated United States
Engineer Office, Los Angeles, California, March 25, 1913, and entitled "Newport Bay,
California ", showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works
shall be extended or deposit made, except under such regulations as shall be prescribed from
time to time by the Secretary of the Army (United States of America, Sec. 424).
And
The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport
Harbor, California, established in pursuance of section 424 of this title: Provided, That in his
opinion such modification will not injuriously affect the interests of navigation (United States of
America, Sec. 424a).
At the time of publishing this report, the City of Newport Beach is in the process of approving a
Local Coastal Program. Until it is approved, the California Coastal Act is enforced directly by
the California Coastal Commission. The California Coastal Act does not specifically mention
any of the harbor lines.
2.3 Evolution of the Lower Bay and Harbor Lines
Physical features and harbor lines of the Lower Bay have evolved over the years. The evolution
of the Lower Bay and associated harbor lines is summarized here to help understand how the
harbor lines arrived at where they are.
The first record of Newport Bay occurs in Title 33 of the U.S. code, which refers to a 1913 map
of Newport Bay, California. This map however, could not be located for inclusion in this report,
so the 1913 extent of Newport Bay is unknown.
Work for Newport Bay started in December 1934 and opening celebrations were held on May
26, 1936 (OCParks.com, 2008). A 1934 map of Newport Bay showed a similar layout as today,
but without Linda Isle, Promontory Bay, Balboa Yacht Basin, Balboa Coves, Newport Island or
the Grand Canal splitting Balboa Island. On this map, the northern extent of Newport Harbor
ended at PCH Bridge and the western extent was at Newport Blvd (U.S. Engineer Office, 1934).
In 1936, "Newport Bay Harbor" had the same features and extents as in 1934. By 1936 the
pierhead, bulkhead, and project lines were available, with pierhead lines set at distances varying
between zero to 96 feet from bulkhead lines depending on the locations. The project lines were
usually 10 to 20 feet channelward from the pierhead lines. This was intentional to allow a buffer
so that dredging would not undermine or interfere with the pier piles. The most common spacing
had the pierhead line 80 feet from the bulkhead line and the project line 20 feet from the pierhead
line (U.S. Engineer Office, 1936).
By 1950 Balboa Coves, Newport Isle, the Grand Canal, Balboa Yacht Basin, and an incomplete
Linda Isle had been added (Office of the District Engineer, 1950). Since 1936, a few areas have
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
shown a 10 foot increase in the distance between bulkhead and pierhead lines with a
corresponding decrease in the distance between pierhead and project lines. Bulkhead lines near
the Harbor Patrol were moved bayward.
By 2008, a bay had been added to the middle of Linda Isle and Promontory Bay had been added.
Figures IA through 1C shows the harbor lines as of 2008. In these figures, bulkhead lines,
Pierhead lines and harbor project lines are shown as yellow, green, and red lines, respectively,
while Harbor Permit Policy exceptions and special permits are shown as dashed lines. The
circled location markers in these figures are addressed in Section 3 of this report. Changes in the
harbor lines that occurred between 1950 and 2008 include: new bulkhead lines in Balboa Yacht
Basin, new bulkhead lines in Balboa Coves and Newport Island, new pierhead and bulkhead
lines in and around Linda Isle, removed project (channel) lines in Newport Channel, and
development of a Harbor Permit Policy regulating variances and exceptions to the original
harbor lines at specific locations throughout the Lower Bay.
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
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Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
3.0 HARBOR LINES REVIEW
Existing harbor lines were overlaid on photos of existing Lower Bay features as shown in
Figures I through 1C. This map, in combination with location specific rules from the Harbor
Permit Policy, was used to identify locations where potential conflict and inconsistencies exist
between the harbor lines, Harbor Permit Policy, and existing features. At these locations,
outstanding issues can be summarized as follows:
Throughout the Lower Bay, many beaches extend beyond the bulkhead line. In no instance does
any beach extend beyond the project line. This practice has evolved over time and is likely in
conflict with a strict interpretation of the bulkhead line definition.
Promontory Bay and the Grand Canal (Balboa Island) do not have bulkhead lines.
Some locations have bulkhead lines crossing existing navigable waters and channels. This occurs
at Promontory Bay, Balboa Yacht Basin, Linda Isle, from Harbor Patrol through Pirate's Cove,
and Balboa Coves.
Pierhead lines are noticeably absent from Promontory Bay and Newport Harbor. There is
however guidance in the Harbor Permit Policy for pierhead lines around Newport Island.
No project line exists around Newport Island, The Rhine Channel, Promontory Bay, or Linda
Isle. These areas are not federal projects however and may not require project lines.
There are numerous locations where existing structures extend beyond pierhead and project
lines. This situation has developed over the decades and is one of the main reasons for
performing this study.
These locations were shown to the Harbor Resources Agency and the outstanding issues were
discussed. During this meeting, a list of general goals and constraints were developed to address
these outstanding issues. The goals included:
• Improving clarity and consistency of the harbor lines and Harbor Permit Policy;
• Allowing pier owners access to deeper, more navigable waters that are further
offshore, while reducing impacts to eelgrass; and
• Bringing nearly all Lower Bay structures into compliance through modification of the
harbor lines and Harbor Permit Policy.
The constraints on harbor line and Harbor Permit Policy modifications included:
• The changes should minimize pierhead encroachment into navigable waterways;
• Any change in the harbor lines requires USACE approval;
A navigation study should be performed to verify that changing the harbor lines to
match existing conditions would not impact navigation beyond allowable standards.
If the impacts are beyond allowable standards, the realignment should be modified.
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
Any channelward realignment of the project line would transfer maintenance (e.g., dredging)
requirements of that new area from the federal government to the City and/or County.
Solutions to the outstanding issues were then developed which attempt to satisfy the goals and
constraints. The most common solutions are:
• Realign pierhead lines to bring potential violators into compliance. In other words,
move pierhead lines channelward, connecting existing pierheads;
• Where necessary, move the project lines channelward to include the new pierhead
lines. This is necessary to maintain project lines channelward of pierhead lines;
• To simplify and clarify bulkhead lines, move bulkhead lines landward to the existing
bulkhead or property lines;
• Since no structures should cross navigation channels, remove bulkhead and pierhead
lines that cross navigation channels;
• To improve consistency throughout the Lower Bay, add bulkhead and pierhead lines
where they do not currently exist; and
• Update harbor lines to reflect the Harbor Permit Policy and then streamline the
Harbor Permit Policy by removing area specific exceptions.
Location specific solutions are described in Table 1 and graphically located in Figures IA
through 1 C. The different waterfront regions within the Lower Bay have been identified by
alpha- numeric labels originally designated in the Harbor Permit Policy. These circled location
labels were copied into figures IA through IC and supplemented where additional detail was
needed. Each column in Table 1 specifies the change recommended to the bulkhead line,
pierhead line, project line, or Harbor Permit Policy. In addition, the goals and constraints
applicable to each location are also given in the last two columns of Table 1.
An example will clarify the connection between Table 1 and Figures IA through 1C. Location A
in Figure 1C is found on the north -east corner of the Balboa Peninsula. The recommended
solution at this location involves moving the pierhead line channel -ward to bring piers into
compliance and improve harbor -wide consistency of the rules. While this solution moves the
pierhead line into the waterway, no increase in physical encroachment occurs, so encroachment
is minimized.
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
Table 1. Recommended Harbor Line Changes
Location
Bulkhead Line
Goals
Constraints
Changes
Improve harbor -wide consistency.
Minimize encroachment into waterway.
A
No change
Realign to end of existing
No change
No change
Bring into compliance. Improve docking
Requires USACE approval. Requires
pierheads
navigation while reducing impact to
navigation study to verify existing conditions
eelgrass
adequate.
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
B
No change
Realign channelward to
No chan ge
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
C
No change
No change
No change
No change
D
No change
No change
No change
No change
Realign landward to
Minimize encroachment into waterway.
E
existing bulkheads or
Replace with Special
No change
No change
Improve harbor -wide consistency. Bring
Requires USACE approval. Requires
property boundaries
Permit Line
into compliance.
navigation study to verify existing conditions
adequate.
F
No change
No change
No change
No change
Realign channelward
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
G
No change
Realign to end of existing
accommodate
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
pierhead line change
p
p
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
Realign channelward
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
H
No change
Realign to end of existing
accommodate
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
pierhead line change
p
p
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
I
No change
Realign to end of existing
No change
No change
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
navigation while reducing impact to
navigation study to verify existing conditions
eel grass
adequate.
Realign channelward
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
Jl
No change
Realign to end of existing
to accommodate
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
pierhead line change
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel ass
adequate.
Improve harbor -wide consistency. Bring
J2
Realign along bridge
Realign channelward to
No change
No change
into compliance. Improve docking
Requires USACE approval.
embankments
the project line
navigation while reducing impact to
eel grass
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
J3
No change
Realign channelward to
No chan ge
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
10
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
Table 1. Recommended Harbor Line Changes
Location
Bulkhead Line
6r a
Goals
Constraints
Changes
Add
R
Eliminate lines that
pierhead lines to
No change
Entirely re -write Harbor Permit
Improve harbor -wide consistency.
Requires USACE approval.
cross navigable waters
map
Policy for this area.
Realign landward to
Realign channelward
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
L
existing bulkheads or
Realign to end of existing
to accommodate
No change
into compliance. Improve docking
Requires USACE approval. Requires
property boundaries
pierheads
pierhead line change
navigation while reducing impact to
navigation study to verify existing conditions
eelgrass
adequate.
Realign landward to
Realign channelward
Piers or slips currently permitted to
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
M
existing bulkheads or
Realign to end of existing
to accommodate
bulkhead line. Eliminate special
into compliance. Improve docking
Requires USACE approval. Requires
property boundaries
pi erheads
pierhead line change
condition from future policy.
navigation while reducing impact to
navigation study to verify existing conditions
eelgrass
adequate.
N
No change
No change
No change
No change
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
O
No change
Realign channelward to
No chan ge
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eelgrass
adequate.
P
No change
No change
No change
No change
Realign landward to
existing bulkheads or
Eliminate lines that cross
Ownership issues to be resolved
Requires USACE approval. Ownership issues
Q
property boundaries.
navigable waters
No change
between City, County, and Irvine
Improve harbor -wide consistency.
to be resolved between City, County, and
Eliminate lines that
Company
Irvine Company.
cross navigable waters
Realign landward to
existing bulkheads or
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
R
property boundaries.
Realign channelward to
g
No change
specified distance beyond pierhead
P Y p�
into compliance. Improve docking
p P g
Requires USACE approval. Requires
q Pp q
Eliminate lines that
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
cross navigable waters
policy
eelgrass
adequate.
Realign landward to
existing bulkheads or
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
S1
property boundaries.
Realign to end of existing
No change
No change
into compliance. Improve docking
Requires USACE approval. Requires
Eliminate lines that
pierheads
navigation while reducing impact to
navigation study to verify existing conditions
cross navi able waters
eelgrass
adequate.
Realign landward to
existing bulkheads or
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
S2
property boundaries.
Realign channelward to
g
No change
specified distance beyond pierhead
p Y p
into compliance. Improve docking
p p g
Requires USACE approval. Requires
q pp q
Eliminate lines that
the project line
line. Eliminate extension from fixture
navigation while reducing impact to
navigation study to verify existing conditions
cross navigable waters
policy
eelgrass
adequate.
Realign channelward
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
T1
No change
Realign to end of existing
accommodate
No change
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
pierhead line change
p
p
navigation while reducing impact to
navigation study to verify existing conditions
eelgrass
adequate.
11
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
Table 1. Recommended Harbor Line Changes
Location
Bulkhead Line
Goals
Constraints
Changes
Realign landward to
Improve harbor -wide consistency.
Minimize encroachment into waterway.
T2
existing bulkheads or
Replace with Special
No change
No change
Reduce future construction of longer
Requires USACE approval. Requires
property boundaries
permit Line
piers that encroach into waterway.
navigation study to verify existing conditions
adequate.
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
U
No change
Realign to end of existing
No change
No change
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
navigation while reducing impact to
navigation study to verify existing conditions
eel grass
adequate.
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
Vl
No change
Realign channelward to
No chan ge
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel ass
adequate.
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
V2
No change
Realign channelward to
No chan ge
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
the project line
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
V3
No change
No change
No change
No change
Co- relocate with
bulkhead line by
Realign landward to
maintaining 80' distance
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
V4
existing bulkheads
between two lines.
No change
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
property boundaries s
Where piers extend
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
greater than 80', realign
policy
eelgrass
adequate.
to end of existing
pierheads.
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
V5
No change
Realign to end of existing
No change
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel grass
adequate.
Eliminate lines that
cross navigable waters.
Minimize encroachment into waterway.
V6
Add to existing
Realign to end of existing
No change
No change
Improve harbor -wide consistency.
Requires USACE approval. Requires
bulkheads or property
pierheads
navigation study to verify existing conditions
boundaries
adequate.
Realign landward to
Minimize encroachment into waterway.
W
existing bulkheads or
No change
No change
No change
Improve harbor -wide consistency. Bring
Requires USACE approval. Requires
property boundaries
into compliance.
navigation study to verify existing conditions
adequate.
X
No change
Realign to end of existing
No change
No change
pierheads
12
Harbor Area Management Plan
Harbor Lines Review Technical Report June 2009
Table 1. Recommended Harbor Line Changes
Location
Bulkhead Line
�
1. No change
1. No change
Goals
Constraints
2. Realign seaward to accommodate pierhead line change
Changes
3. Eliminate lines that cross navigable waters
3. Requires navigation study to verify existing condition adequate.
4. Realign along bridge embankments
Harbor Permit Policies
4. Ownership issues to be resolved between City, County, and Irvine Company.
Realign landward to
Replace with Special
Pierhead changes
2. Piers or slips currently permitted a specified distance beyond pierhead line.
General Recommendations /Considerations
Yl
existing bulkheads or
Permit Line
No change
No change
Improve harbor -wide consistency.
Requires USACE approval.
condition from future policy.
property boundaries
4. Realign seaward to the project line
4. Ownership issues to be resolved between City, County, and Irvine Company
D
5. Replace with Special Permit Line
5. Entirely re -write Harbor Permit Policy for this area.
Y2
No change
Replace with Special
No change
No change
Improve harbor -wide consistency.
Requires USACE approval.
7. Realign 20' beyond existing
1. Improve harbor -wide consistency.
Permit Line
8. Add pierhead lines to map
2. Bring into compliance.
3. Reduce future construction of longer piers that encroach into waterway.
4. Improve docking navigation while reducing impact to eelgrass
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
Y3
No change
Realign to end of existing
No change
No change
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
navigation while reducing impact to
navigation study to verify existing conditions
eel grass
adequate.
Realign channelward
Piers or slips currently permitted a
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
Y4
No change
Realign to end of existing
to accommodate
specified distance beyond pierhead
into compliance. Improve docking
Requires USACE approval. Requires
pierheads
pierhead line change
line. Eliminate extension from future
navigation while reducing impact to
navigation study to verify existing conditions
policy
eel ass
adequate.
Realign landward to
Realign channelward
Improve harbor -wide consistency. Bring
Minimize encroachment into waterway.
YS
existing bulkheads or
Realign to end of existing
to accommodate
No change
into compliance. Improve docking
Requires USACE approval. Requires
property boundaries
pi erheads
pierhead line change
navigation while reducing impact to
navigation study to verify existing conditions
eel ass
adequate.
Realign landward to
existing bulkheads or
Eliminate lines that cross
Ownership issues to be resolved
Requires USACE approval, Ownership issues
Z
property boundaries.
navigable waters
No change
between City, County, and Irvine
Improve harbor -wide consistency.
to be resolved between City, County, and
Eliminate lines that
Company
Irvine Company.
cross navigable waters
Bulkhead changes
Project Line Change
Constraints
1. No change
1. No change
1. Minimize encroachment into waterway.
2. Realign landward to existing bulkheads or property boundaries
2. Realign seaward to accommodate pierhead line change
2. Required USACE approval
3. Eliminate lines that cross navigable waters
3. Requires navigation study to verify existing condition adequate.
4. Realign along bridge embankments
Harbor Permit Policies
4. Ownership issues to be resolved between City, County, and Irvine Company.
1. No change
Pierhead changes
2. Piers or slips currently permitted a specified distance beyond pierhead line.
General Recommendations /Considerations
1. No change
Eliminate extension from future policy
A
2. Realign to end of existing pier heads
3. Piers or slips currently permitted to bulkhead line. Eliminate special
B
3. Eliminate lines that cross navigable waters
condition from future policy.
C
4. Realign seaward to the project line
4. Ownership issues to be resolved between City, County, and Irvine Company
D
5. Replace with Special Permit Line
5. Entirely re -write Harbor Permit Policy for this area.
E
6. Co- relocate with bulkhead line by maintaining 80' distance between two
lines. Where piers extend greater than 80', realign to end of existing pierheads.
Goals
7. Realign 20' beyond existing
1. Improve harbor -wide consistency.
8. Add pierhead lines to map
2. Bring into compliance.
3. Reduce future construction of longer piers that encroach into waterway.
4. Improve docking navigation while reducing impact to eelgrass
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4.0 RECOMMENDATIONS
4.1 Action Items
Based on the results of reviewing existing harbor lines, the following action items are
recommended:
A new harbor lines map should be developed incorporating project line, pierhead line, and
bulkhead line solutions as detailed in Table 1 and Figures IA through 1C. To increase accuracy,
ground truth surveying should be included as part of re- drawing the harbor lines map.
The Harbor Permit Policy should be updated and simplified according to the changes detailed in
Table 1 and Figures IA through 1C.
Pierhead lines should be replaced with special permit lines where applicable. The special permit
line is a graphical marker indicating that reference to the Harbor Permit Policy would be
necessary at these locations.
Navigation studies should be performed based on the updated harbor lines map to assess the
navigation impacts from the recommended changes.
Since there are locations where beaches cross bulkhead lines, guidelines should be codified to
regulate beaches with respect to harbor lines. Suggested language for the Harbor Permit Policy
is: "dry beach areas may extend beyond bulkhead and pierhead lines, but may not extend beyond
project lines at the Mean Lower Low Water elevation"
Since no review has taken place since initial implementation, and many physical changes have
taken place, navigation channel lines should be analyzed in a manner similar to the work
performed for the harbor lines.
Mooring area boundaries should be analyzed in a manner similar to the work performed for the
harbor lines for the same reasons.
The new harbor lines should be enforced in the future to reduce the likelihood of violations and
minimize encroachment into navigable waters.
4.2 Roadmap to Implement Harbor Line Changes
Updating harbor lines is a multi -phase processes requiring coordination between different
agencies. The first step to start the process is the preparation of a proposed updated harbor lines
map based on the recommendation of this report. It is also recommended that any proposed
updates of the mooring boundaries and navigation channels should occur concurrently with any
update of the harbor lines. A navigation study may be required to evaluate potential impact of
the proposed mooring boundaries, navigation channels, and harbor lines map, and the results of
the navigation study may lead to further modifications to the proposed map. The Harbor Permit
Policy should also be updated at the same time to reflect on the proposed changes to the mooring
boundaries, navigation channels, and harbor lines. Any proposed changes to the map shall be
verified with ground truth surveying before preparing the final proposed harbor lines map.
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After review and finalization of the proposed recommendations to the harbor lines map, the
Harbor Commission would make recommendations to the City Council (Newport Beach, 2002a)
who could codify the changes. Both the Harbor Commission and City Council may require
further changes to the map. After passing through the City Council, a letter request or
recommendation would be made to the Los Angeles District of the USACE who ultimately have
jurisdiction to change harbor lines. However, if the federal government de- authorizes the harbor
and the City takes responsibility, then the City Council would not be required to request or
recommend harbor line changes to the USAGE. The California Coastal Act does not regulate
harbor lines, but it does regulate any construction taking place in the coastal zone. The harbor
lines can be modified without a California Coastal Commission permit, but any subsequent
construction dependent on those harbor lines would still be regulated by the California Coastal
Commission or a Local Coastal Program. While there is no explicit requirement, the public
should also be informed and consulted on the harbor line changes early in the process.
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5.0 REFERENCES
Committee on Standardization and Special Research. 1940. A Port Dictionary of Technical
Terms, published by the American Association of Port Authorities.
Harbor Resources Division. 2004. Harbor Permit Policy. Reaffirmed January 24, 1994 and last
amended April 13, 2004.
Newport Beach. 2002a. City of Newport Beach Municipal Code, Title 17, 17.08.030
Establishment of Channels, Turning Basins, etc. Ord. 2002 -18 (part), 2002.
Newport Beach. 2002b. City of Newport Beach Municipal Code, Title 17, New 17.24.080
Required Approval by Corps of Engineers. Ord. 2002 -18 (part), 2002.
OCParks.com.2008. http:// www. ocparks .com/newl2ortharbor /default.asp ?Show= History.
United States of America. United States Code. Title 33. Navigation and Navigable Waters.
Chapter 9 - Protection of Navigable Waters and of Harbor and River Improvements Generally,
Sec. 424a. Modification of harbor lines in Newport Harbor, California.
U.S. Engineer Office. 1934. Entrance Channel and Bay Dredging, Newport Bay California,
Soundings and Borings, Survey of 1934. U.S. Engineer Office, Los Angeles, Calif. September
19, 1934.
U.S. Engineer Office. 1936. Harbor Lines Newport Bay Harbor, California, in two sheets, U.S.
Engineer Office, Los Angeles, Calif. 3 -20 -1936.
Office of the District Engineer. 1950. Harbor Lines, Newport Bay Harbor California. Office of
the District Engineer, Los Angeles, Calif. December 26, 1950.
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