HomeMy WebLinkAbout07 - Private Improvements at Island Ave Bay and Edgewater AvenueQ SEW PpRr
CITY OF
6
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 7
January 14, 2014
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director
949 - 644 -3330, dawebb @newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
949 - 644 -3349, dkeely @newportbeachca.gov
APPROVED: „ 0.
TITLE: Request to Install Private Improvements Within the Public Right -of-
Way at Island Avenue Bay and Edgewater Avenue
ABSTRACT:
The property owners of Bay Island (Owners) request to install private improvements
within the Edgewater Avenue right -of -way at the terminus of Island Avenue consisting of
a bridge abutment, a new Bay Island Bridge entrance, low walls, golf cart ramp, ADA
compliant paths, public benches, public trash receptacles and landscaping.
RECOMMENDATIONS:
1. Waive City Council Policy L -7, Encroachments and Bay Access on Buena Vista
Boulevard — Edgewater Avenue between Bay Avenue and Fernando, to allow
private gates, walls, landscaping and signage within the proposed bridge
entry/portal.
2. Waive City Council Policy L -8, Private Encroachments in the Public Right -of -Way
ending at the Ocean Front or at Newport Bay, to allow the proposed bridge
entry/portal at a height of 1.0 feet 8 inches tall and low walls to encroach up to 32
feet into the public right -of -way.
3. Direct staff to prepare an Encroachment Agreement with Owners for the proposed
private improvements within the Edgewater Avenue right -of -way and authorize the
City Manager and City Clerk to execute the Encroachment Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
1 of 38
Request to Install Private Improvements Within Edgewater Avenue Public Right -of -Way
January 14, 2014
Page 2
DISCUSSION:
As part of the project to replace the existing Bay Island Bridge, the property owners of
Bay Island (Owners), are requesting approval to install bridge abutments, a new Bay
Island Bridge entrance, low walls, an ADA compliant path, golf cart ramp, landscaping,
benches and trash receptacles within the Edgewater Avenue public right -of -way at the
terminus of Island Avenue. A California Coastal Commission Coastal Development
Permit (CDP) No. 5 -09 -055 has been obtained to demolish the existing gated private
pedestrian bridge and to construct a new gate and private pedestrian bridge in a slightly
different alignment. As part of the conditions of approval of the CDP, the new bridge
gates and entry monuments shall replicate the existing structure. The CDP also
requires that the project improve the Edgewater Avenue public right -of- way to include a
walkway to, and along, the existing bulkhead from the public sidewalk; and to install
landscaping, public benches and trash receptacles. The applicant has also obtained an
Approval in Concept (AIC) from Harbor Resources consistent with the CDP. The
applicant has submitted plans for a building permit for the proposed improvements.
Prior to final approval of the building permit, City Council review and approval is
required for necessary waivers of City Council Policies L -7 and L -8.
City Council Policy L -7 prohibits private improvements such as fences, gates and signs
within the Edgewater Avenue public right -of -way. This City Council policy will need to
be waived to allow the private gates, walls, landscaping and signage within the
proposed bridge entry/portal. The proposed improvements are consistent with, and
replace the existing improvements and have also been approved by the California
Coastal Commission.
City Council Policy L -8 prohibits structural encroachments including walls and raised
planters in excess of 1 -foot into the public bay front street end with a maximum height
limit of 3 feet. This City Council policy will need to be waived to allow the proposed
bridge entry/portal at a height of 10 feet 8 inches tall and low walls to encroach up to 32
feet into the public right -of -way.
The proposed bridge and appurtenances are consistent with, and replace the existing
bridge improvements that will be removed and do not further diminish the rights of the
public, present and future. The Owners will need to obtain an encroachment permit and
enter into an encroachment agreement with the City.
ENVIRONMENTAL REVIEW:
The environmental impacts of the Bay Island Bridge and Bulkhead Replacement project
as a whole were analyzed under the Mitigated Negative Declaration (MND) that was
adopted on August 14, 2007. The MND was prepared in accordance with the
implementing guidelines of the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. With mitigation measures and standard
conditions of approval indicated in the Initial Study and set forth in the Mitigation
2 of 38
Request to Install Private Improvements Within Edgewater Avenue Public Right -of -Way
January 14, 2014
Page 3
Monitoring and Reporting Program included with the MND, all potential impacts would
be mitigated to a less than significant level.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
7�Z11914 � J eO
David A. ebb
Public Works Director /City Engineer
Attachments: A. Area Map
B. Project Plans
C. Photo Simulation
D. Letter from Property Owner
E. California Coastal Commission Coastal Development Permit No.5-
09 -055
F. Corporation Grant Deed from East Newport Town Company to Bay
Island Club
G. City Council Policy L -7
H. City Council Policy L -8
3 of 38
1w,
-7.0c tv FROI
ATTACHMENT
LOCATION MAP
I
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Jan. 14,2013
4 of 38
x w o
X x
a
j
P s I a
'r w °
£ ti ys
Alt'
v /•' aS r[d \ eye °°,ya °9er
,(
r r a
�a d
ATTACHMENT E
PROJECT PLAN:
i
A
N
N O i W % o
RTT
Of
:,tr• " a
s�
F
3 �
_ d 3� � e u ? 43 ? � � :$ � E� $• �' � d7
Oaf
•'e a 3 U E� iYf
u p ]
gilt jl
��0 0 0 (�
1 J
IV
=L
=I
A
r
x xo
IN
x xe
'x xr
Z wa
a a
-
Vn✓
1II11,1 — �ryIIII 'I i[• � 5 8e �" z:
r 3 g ¢ c
a�; b., a= 4E_
,, �+ Ear "a X59
3; �xs 3tl cg °,
Ms 'ie �
q�{ N e '1
� � v � 3 �� _-[ - -_ _:'r5'iloi!n;' '• 2 as�u :iii: {i;�i: ".� � ?s [j��� • �1
Hi
u o it liti _.�• -- -, YI $$� ��� 1
E as a� g� t Gii
z9 3• _ � •fie
Q °1 � "' � C� •.� w 5 w I � p ± y a ja yi
J ¢I � �J �� L� g� y �� (11+ 7 •��+ ' ' � I 1�� I b j}�W� `j3
Elf. _ S
M
/(
.qq }..•
;!
Q
%
! |,
I %-
B
x
p J X
y X
- m U
2 W
J Y 6W W L
u � e
� W
S
_ � u ou'i�
E¢ € €afs
u
O (580(0@(e)@ $ ,+
h/ Mai j �•.
° � r
�e
Eo `�
30 3fi sE z �._
6 fi� i
- j 4
b_ V
-o �1 /on�aPrs �!9n 3 ..
4 d
sk
r
X
yix 3� X XN
6'g a BMN eg 8° w r w =
> 0 ��
g
Rua
% —s
__YeetlSI _ vu�.
_ gg
a
,
Lis
uis
c c3 1
4� Grc cS eDa. S
Q9 :tee A `cb 5.`5 ni.
N5 asa xN §R" NN
gm
9
�\ /�
A
ifi
44
al
`
�
�/� -���/ �
^
Zug
, \ ~ ® -_
� { \
.
g
kv %V
A
ifi
44
ATTACHMENT C
PHOTO SIMULATION
.I
a
r
c
ar
E
ar
O
O.
E
m
ar
Q
w
c
L
h
LL
C
fa
t
u
fa
O
V
O.
O.
a
w
m
m
v
iA
T
la
m
13 of 38
Bay lst.ann Citta
Incorporated 1903
November 7, 2013
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Department of Public Works
ATTACHMENT D
LETTER FROM PROPERTY
OWNER
Re: The Bay Island Club - Encroachment Permit Island Avenuc /Edgewater Avenue
Dear Sir or Madame:
By this letter, Bay Island Club request the City of Newport Beach to issue an
encroachment permit for the improvements at the end of Island Avenue and its projection into
the Right -of- Way for Edgewater Avenue, related to access to the proposed new Bay Island
Bridge and fishing area improvements.
The proposed improvements are shown on Sheets 18 through 28, and Sheets 30 and 35 of
the Bay Island Structural Rehabilitation project drawings.
We also designate Mr. Wade Cable as the person authorized to sign the Encroachment
Agreement and other documents relating thereto on behalf of the Bay Island Club.
Very truly yours,
<"
ingha
James Buckm
Vice President of the Board of Directors for
Bay Island Club
Enclosure
cc. Mr. Wade Cable
«73217.1
14 of 38
ATTACHMENT E
CCCCPD NO. 05 -09 -055
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN„ IR., GOVERNOR
CALIFORNIA COASTAL COMMISSION Page 1 of 13
South Coast Area Office g Q
200 Oceangale, Sulle 1000 Date: November 19, 2013
Long Beach, CA 90802 -4302 Permit No: 5 -09 -055
'(552) 590 -5071
COASTAL DEVELOPMENT PERMIT
On June 11, 2009; the California Coastal Commission granted to Bay Island Club Coastal
Development Permit 5 -09 -055, subject to conditions, for development consisting of: Application
of Bay Island club to 1) reinforce, in part, and replace, in part, the entire 1,200 linear foot long
bulkhead system surrounding a private island developed with 24 single family residences; 2)
demolish the existing gated private pedestrian bridge linking the island to the mainland and
construct a new gated, private pedestrian bridge in a slightly different alignment; and 3)
construct a `sand retention wall' offshore of a small private beach on the western side of the
island). More specifically described in the application file in th6 Commission offices.
The development is within the coastal zone in Or County at: 1 -26 Bay Island, Newport
Beach. Pursuant to the writ of mandate issued in Bay Island Club v. California Coastal
Commission, Orange County Superior Court Case No..30- 2009 - 00126561, the approved,
development is subject to the attached revised conditions (changes shown in Bti keext€/i 03).
Issued on behalf of the California Coastal Commission on November 19, 2013.
CHARLES LESTER By:
Executive Director Title: Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and
conditions thereof. -
The undersigned permittee acknowledges that Government Code Section 518.4 which states in pertinent
part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to
the issuance of this permit.
EVIPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permit ce
Please sign and return one copy of this form to the Commission office at the above address.
' ` Special Condition No. 1 requires removal of the sand retention wall from the project
COASTAL DEVELOPMMNT PPRNDT
No. 5 -09 -055
Page 2 of 13
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall
not commence until a copy-of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is
returned to the Commission office.
2. Expiration. If development has not commenced, the peftnit will expire two years from
the date on h the revised notice of intent to_issi. this_ixe_nnit vt�s sped_
€misai Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the
permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee.
files with the Commission an affidavit accepting all teens and conditions of the permit:
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all future
owners and.possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
1. DELETION OF SAND RETENTION WALL
The proposed sand retention wall and all affiliated components shall be removed from the
proposed project. Revised.final plans depicting the removal of this component of the project
shall be submitted in accordance with Special Condition 6.
2. PUBLIC ACCESS UPON BRIDGE
The applicant may establish gating to prevent
public access to and upon g ni: land iie4ePwirratiaiI-9 the bridge ft Bay
;s4m 1 in accordance with final plans required pursuant to Special Condition 4.
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 3 of 13
3. SIGN PLAN
A. PRIOR TO THE ISSUANCE OF TIIF COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, two (2) full size
sets of final project plans for signs identifying all signs that will be placed on the bridge
and in the vicinity of the bridge at its mainland terminus. Signs that discourage or
prohibit public use of „public areas shall be prohibited. Signs
that establish. controls on public use of any area (e.g. no jumping or diving from the
bridge) may er* display language enforcing requirements explicitly established in the
Newport Beach Municipal Code s o� o
ptibliouse Signs and displays not explicitly permitted in this sign plan
shall require an amendment to this permit unless the Executive Director determines that
no amendment is legally required.
B. The permittee shall undertake development in accordance'with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive.:
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
4. BRIDGE GATING & ENTRY MONUMENTATION PLAN
A. PRIOR TO THE ISSUANCE OF TEE COASTAL DEVELOPMENT PERNIIT, the
applicant shall submit, for the Executive Director's review and approval, two (2) full size '
sets of final project plans for all entry monumentation/community identification markers
and gating etaentmtn '
ridge• Any entry
monumentation, community identification markers, and gate shall replicate (in
dimensions, materials, opacity and design) the existing structures that will be demolished
when the existing Bridge is demolished. The existing gate and entry monumentation shall
be demolished and removed immediately upon opening the new bridge for use and said '
work shall be completed in no case more than I month after opening the new bridge for
use.
B. The permittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 4 of 13
5. FISHING AREA IMPROVEMENTS
A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPM1NT PERMIT, the
applicant shall submit, fot the Executive Director's review and approval, two (2) full size
sets of final project plans for the bayfront area of land, at the mainland terminus of the
proposed bridge (as depicted in Exhibit 12), which shall demonstrate the following:
(1) In order to retain bulkhead.area from which to .fish, the proposed bridge will be
located as Close to the alignment of the existing bridge as is feasible, as shown generally
on Exhibit 12 of the May 28, 2009 staff report; and '
(2) Upon completion of construction of the new bridge, the existing bridge shall be
immediately demolished and removed and the area underneath the demolished bridge
restored to be relatively flat, open and unobstructed for public use and fishing therefrom.
Such demolition, removal and restoration shall be completed within 3 months of
completion of construction of the new bridge; and
(3) The publicly owned bulkhead -front land at the mainland terminus of the bridge and..
generally to the west of the bridge shall be made open and unobstructed for public use
and fishing therefrom, including but not limited to, removal of the existing planters and
landscaping that partially obstruct views and physical access to the area from the Island
Avenue street end and sidewalk; installation of pavers or other hardened walking surface
from the sidewalk and to and along the bulkhead; installation of landscaping (e.g. trees)
to provide shading (but placed so as not to obstruct public views or.physical access to the
area and tall enough to avoid being an impediment for fishing); installation of trash cans
and benches (to be designed consistent with such facilities that are present in public parks
in the City including with City logo).
B. The permittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
G. FINAL PROJECT PLANS
A: PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, two (2) full size
sets of final project plans (i.e. site plan, elevations, cross - sections, grading, foundation,
structural, etc.) revised to be consistent with the conditions of this permit.
B. The permittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 5 of 13
7. FINAL PLANS CONFORMING TO GEOTECHNICAL RECOMMENDATIONS
A. All final bulkhead replacement design and construction plans shall be consistent with all
recommendations contained in Geotechnical Investigation Bay Island Sea Wall and
Bridge Newport Beach, CA prepared by Dial, Yourmmx & Associates dated January 17,
2006. No changes to the approved plan shall occur without a Commission amendment to
this coastal development permit unless the Executive Director determines that no
amendment is legally required.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, two full sets of
plans with evidence that an appropriately licensed professional has reviewed and
approved all final design and construction plans and certified that each of those final
plans is consistent with all the recommendations specified in the above - referenced report.
C. The permittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment unless the Executive Director determines that no amendment is legally
required.
8. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL
A. The penmittee shall comply with the following dredging and construction- related
requirements:
(1) No construction materials, equipment, debris, or waste shall be placed or stored where
it may be subject to wave /wind erosion and dispersion;
(2) Any and all debris resulting from construction activities shall be removed from the
site within 24 hours of completion of construction;
(3) Machinery or construction materials not essential for project improvements shall not
be allowed at any time in the intertidal zone;
(4) Sand from the beach, cobbles, or shoreline rocks shall not be used for construction
material;
(5) If turbid conditions are generated during construction; a silt curtain shall be utilized to
control turbidity;
(6) Floating booms shall be used to contain debris discharged into coastal waters and any
debris discharged shall be removed as soon as possible but no later than the end of
each day;
COASTAL DEVELOPMENT.PERMJT
No. 5 -09 -055
Page 6 of 13
(7) Divers shall recover non - buoyant debris discharged into coastal waters as soon as
possible after loss.
9. LOCATION OF DEBRIS DISPOSAL SITE
PRIOR TO ISSUANCE O M MI
F A COASTAL DEVELOPENT PERT, the applicant
shall identify in writing, for the review and approval of the Executive Director, the location of
the disposal site of the construction debris resulting from the proposed project. Disposal of
construction debris shall occur at the approved disposal site. If the disposal site for the
construction debris is located in the coastal zone, a coastal development permit or an
amendment to this permit shall be required before disposal can take place:
10. DRAINAGE AND POLLUTED RUNOFF CONTROL PLAN
A. PRIOR to the issuance of the COASTAL DEVELOPMENT PERMIT, the permittee shall
submit for the review and approval of the Executive Director, two (2) copies of a final
Drainage and Runoff Control Plan, including supporting calculatibns. -The plan shall be
prepared by a licensed civil engineer or qualified. licensed professional and shall
incorporate Best Management Practices (BMPs) including site design and source control
measures designed to control pollutants and minimize the volume and velocity of
stormwater and'dry weather runoff leaving the developed site. In addition to the
specifications above, the consulting civil engineer or qualified licensed professional shall
certify in writing that the final Drainage and Runoff Control Plan is in substantial
conformance with the following minimum requirements:
(1) BMPs should consist of site design elements and /or landscape based features or
systems that serve to maintain site permeability, avoid directly connected impervious
area and /or retain, infiltrate, or filter runoff fiom rooftops, driveways and other
hardscape areas on site, where feasible. Examples of such features include but are
not limited to porous pavement, pavers, rain gardens, vegetated swales, infiltration
trenches, cisterns.
(2) Landscaping materials shall consist primarily of native or other low- maintenance
plant selections which have low water and chemical treatment demands. An efficient
irrigation system design based on hydrozones and utilizing drip emitters or micro -
sprays or other efficient design should be utilized for any landscaping requiring water
application.
(3) All slopes should be stabilized in accordance with provisions contained in the
Landscaping and /or Erosion and Sediment Control Conditions for this Coastal
Development Permit.
(4) Runoff shall be conveyed off site in a non - erosive manner. Energy dissipating
measures shall be installed at the terminus of outflow drains.
__ 20 of 38 _.
COASTAL DEVELOPMENT PERNIIT
No. 5 -09 -055
Page 7 of 13
(5) For projects located on a hillside, slope, or which may otherwise be prone to
instability, final drainage plans should be approved by the project consulting
geotechnical engineer.
(6) Should any of the project's surface or subsurface drainage /filtration structures or
other BlvMs fail or result in increased erosion, the applicant/landowner or successor -
in- interest shall be responsible for any necessary repairs to the drainage /filtration
system or BMPs and restoration of the eroded area. Should repairs or restoration
become necessary, prior to the commencement of such repair or restoration work, the
applicant shall submit a repair and restoration plan to the Executive Director to
determine if an amendment or new coastal development permit is required to
authorize such work.
(7) The final Drainage and Runoff Control Plan shall be in conformance with the site/
development plans approved by the Coastal Commission. Any changes to the Coastal
Commission approved site /development plans required by the consulting civil
engineer /water quality professional or engineering geologist shall be reported to the
Executive Director. No changes to the Coastal Commission approved final
site /development plans shall occur without an amendment to the coastal development
permit, unless the Executive Director determines that no amendment is required.
11. STAGING AREA DURING CONSTRUCTION
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a plan for the review and approval of the Executive Director which
indicates that the construction staging area(s) will avoid impacts to public access, beach
areas or to sensitive habitat areas.
(1) The plan shall demonstrate that:
a. Constriction equipment or activity shall not occur outside the staging area
b. Public parking areas shall not be used for staging or storage of equipment nor for
construction personnel parking
c: Public sandy beach or habitat (vegetated) areas shall not be used for staging or
storage of equipment
d. The staging area for construction of the project shall not obstruct vertical or lateral
public access to the beach, bayfront or other public recreational areas
(2) The plan shall include, at a minimum, the limits of the staging area(s) and location
of construction fencing and temporary job trailers, if any.
B. The permittee shalfundertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines
that no amendment is legally required.
- --- --- --- -�..-- - -- ---- — ------------ 2-to438.-
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 8 of 13
12. EELGRASS RE QUIRE,
A. Pre Construction Eelgrass Survey. A valid pre - construction eelgrass (Zostera marina)
survey shall be completed during the period of active growth of eelgrass (typically March
through October). The pre- construction survey shall be completed prior to the beginning
of construction and shall be valid until the next period of active growth. The survey shall
be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy"
Revision 8 (except as modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California Department of
Fish and Game. The applicant shall submit the eelgrass survey for the review and
approval of the Executive Director within five (5) business days of completion of each
eelgrass survey and in any event no later than fifteen (15) business days prior to
commencement of any development. If the eelgrass survey identifies any eelgrass within
the project area which would be impacted by the proposed project, the development shall
require an amendment to this permit from the Coastal Commission or a new coastal .
development permit. '
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the
survey required in subsection A of this condition above, within one month after the
conclusion of construction, the applicant shall survey the project site to detennine if any
eelgrass was adversely impacted. The survey shall be prepared in fiill compliance with
the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by
this special condition) adopted by the National Marine Fisheries Service and shall be .
prepared in consultation with the California Department of Fish and Game. The applicant
shall submit the post - construction eelgrass survey for the review and approval of the
Executive Director within thirty (30) days after completion of the survey. If any eelgrass
has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1
ratio on -site, or at another location, in accordance with the Southern California Eelgrass
Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio
of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found
within SCEMP shall not apply. Implementation of mitigation shall require an amendment
to this permit or a new coastal development permit unless the Executive Director
determines that no amendment or new permit is required.
13. PRE - CONSTRUCTION CAULERPA TAXUFOLL4 SURVEY
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re- commencement of any development authorized under this coastal development permit
(the "project'), the applicant shall undertake a survey of the project area and a buffer area
at least 10 meters beyond the project area to determine the presence of the invasive alga
Coulerpa taxifolia. The survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
COASTAL DEVELOPM NT PERMIT
No. 5 -09 -055
Page 9 of 13
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
( SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467 -4218) or Robert
Hoffinan, National Marine Fisheries Service (562/980- 4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no amendment
is legally required. I
.
14. SUBMITTAL OF FINAL REVISED BENTHIC ENHANCEMENT & MONITORING
PLAN
A. PRIOR TO ISSUANCE OF TIE COASTAL DEVELOPMENT PERMIT, the applicant
shall develop, in consultation with the CA Department of Fish and Game and the U.S. Fish
and Wildlife ' Service-and National Marine Fisheries Service, as appropriate, and submit for
review and written approval of the Executive Director, a final detailed plan designed by a
qualified benthic ecologist for restoration and monitoring 0.071 acres of new subtidal habitat
in substantial conformance with the Bay Island Subtidal Habitat Compensatory Mitigation
Plan for the Bay Island Bulkhead and Bridge Project.. - prepared by Coastal Resources
Management dated November 2006, except that the program shal I be revised to, at a
minimum, include the following:
(1),In addition to the subtidal bathymetry, slope and sediment success criteria that will be
based on pre - construction surveys of the reference area, success criteria shall also include
epifaunal and infaunal community structure. Epifaunal and infaunal community structure
criteria shall be based on pre - construction surveys of the in the reference area. That is, the
compensatory site shall meet the success criteria if it is similar (with less than or equal to
a 10% difference) to the reference area in terms of subtidal bathymetry, slope, and
sediment characteristics and epifaunal and infaunal community structure,
(2). Provisions for monitoring and remediation of the benthic enhancement site in
accordance with the approved final benthic enhancement, monitoring and management '
program for a period of five years or until it has been determined that success criteria
have been met, whichever comes first.
COASTAL DEVELOPMENT PEQ11T
-No. 5-09-055
Page 10 of 13
(3).Provisions for submission of annual reports of monitoring results to the Executive
Director for the duration of the required monitoring period, beginning the first year after
submission of the "as- built" assessment. Each report shall include copies of all previous
reports as appendices. Each report shall be a cumulative report that summarizes all
previous reports. Each report shall also include a "Performance Evaluation' section
where information and results fi•om the monitoring program are used to evaluate the
status of the benthic enhancement project in relation to the success criteria.
(4).Provisions for submission of a final monitoring report to the benthic enhancement site
conforms to the goals, objectives, and success criteria set forth in fie approved final
benthic enhancement program. The report must address all of the monitoring data
collected over the monitoring period.
(5).The permittee shall implement a long term perpetual management, maintenance and
monitoring plan for the benthic enhancement area. The goal of the long term plan shall
be to preserve the enhanced benthic area in its enhanced condition. The plan shall
include a description of the perpetual management, maintenance and monitoring actions.
The landowner(s) shall provide funding adequate to achieve the goal of the plan.
c
B. If the final report indicates that the benthic enhancement has been unsuccessful, in-part, or in
whole, based on the approved success criteria, the applicant shall submit within 90 days a
revised or supplemental benthic enhancement program to compensate for those portions of
the original program which, did not meet the approved success criteria. The revised benthic
enhancement program, if necessary, shall be processed as an amendment to this coastal
development permit. .
C. The permittee shall enhance, monitor and manage the benthic enhancement area in
accordance with the approved program, including any revised program approved by the
Commission or its staff. Any proposed changes to the approved progrmn shall be reported to
the Executive Director. No changes to the approved program shall occur without a
Commission amendment to this coastal development permit unless the Executive Director
determines that no amendment is legally required.
15. NO FUTURE SEAWARD EXTENSION OF SHORE' PROTECTIVE DE1710E
A. By acceptance of this Permit, the applicant agrees, on behalf of itself and all successors
and assigns, that no future repair or maintenance, enhancement, reinforcement,
modifications to address rising sea level, increased risk of flooding or other hazards, or
any other activity affecting the shoreline protective device approved pursuant to Coastal
Development Permit No. 5 -09 -055, as described and depicted on an Exhibit attached to
the Notice of Intent to Issue Permit (NOI) that the Executive Director issues for this
permit, shall be undertaken if such activity extends the footprint seaward of the subject
shoreline protective device. By acceptance of this Permit, the applicant waives, on behalf
of itself (or himself or herself, as applicable) and all successors and assigns, ariy rights to
such activity that may exist under Public Resources Code Section 30235.
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 11'of 13
B. Prior to the issuance by the Executive Director of the NO] FOR THIS PERMIT, the
applicant shall submit for the review and approval of the Executive Director, and upon
such approval, for attachment as an Exhibit to the NOI (Attachment A), a formal legal
description and graphic depiction of the shoreline protective device approved by this
permit, as generally described above and shown on Exhibit 5 attached to this staff report,
showing the footprint of the device and the elevation of the device referenced to NGVD
(National Geodetic Vertical Datum).
16. FUTURE DEVELOPMENT RESTRICTION
This permit is only for the development described in coastal development permit No. 5 -09-
055. Pursuant to Title 14 California Code of Regulations section 13253(b)(6), the exemptions
otherwise provided in Public Resources Code section 30610 (b) shall not apply to the
development governed by the coastal development permit No. 5 -09 -055. Accordingly, any
future improvements to the structure authorized by this permit, including but not limited.to
repair and maintenance identified as requiring a permit in Public Resources section 30610(d)
and Title 14 California Code of Regulations sections 13252(x) -(b), shall require an
amendment to Permit No. 5 -09 -055 from the Commission or shall require an additional
coastal development permit from the Commission or from the applicable certified local
government.
17. INSPECTION
The permittee shall allow the Executive Director of the Commission, and/or his /her designees
to inspect thesubject property to assess compliance with the requirements of the permit,
subject to twenty-four hours advahce notice.
18. ASSUMPTION-OF 12ISK,' WAIVER OF LIABILITY AND INDEMNIFY
By acceptance of this permit, the applicants acknowledge and agree (i) that the site may be
subject to hazards from liquefaction, erosion, tidal action, flooding, and sea level rise; (ii) to
assume the risks to the applicants and the property that is the subject of this permit of injury
and damage from such hazards in connection with this permitted development; (iii) to
unconditionally waive any claim of damage or liability against the Commission, its officers,
agents, and employees for injury or damage from such hazards; and (iv) to indemnify and
hold harmless the Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims, demands, damages,
costs (including costs and fees incurred in defense of such claims), expenses, and amounts
paid in settlement arising from any injury or damage due to such hazards.
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 12 of 13
19. CITY OF N1i WPOR'1' BEACH APPROVAL
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, applicant
shall provide to the Executive Director a copy of a permit issued by the City. of Newport
Beach, or letter of permission, or evidence that no permit or permission is required. The
applicant shall inform the Executive Director of any changes to the project required by the
City of Newport Beach. Such changes shall not be incorporated into the project until the
applicant obtains a Commission amendment to this coastal development permit, unless the
Executive Director determines that no amendment is legally required.
20. PUBLIC RIGHTS
The Coastal Commission's approval of this permit shall not constitute a waiver of any public
rights that may exist on the property. The permittee shall not use this permit as evidence of a
waiver of any public rights that may exist on the property.
21. LANDSCAPING PLAN
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, in a form and content acceptable to the Executive Director, two
(2) full size sets of final landscaping plans prepared by an appropriately licensed
professional which demonstrates the following:
(1) The plan shall demonstrate that:
(a) All planting shall provide 90 percent coverage within 90 days and shall be
repeated if necessary to provide such coverage;
(b) All plantings shall be maintained in good growing condition throughout the life of
the project, and whenever necessary, shall be replaced with new plant materials to
ensure continued compliance with the landscape plan;
(e) Landscaped areas not occupied by hardsdape within.the project limits shall be
planted and maintained for erosion control, water quality protection, and public
use and enjoyment of publicly owned lands. To minimize the need for irrigation
and minimize encroachment of non- native plant species into adjacent or nearby
native plant areas, all landscaping shall consist of native and /or droughttolerant
non - invasive plant species. No plant species listed as problematic and/or invasive
by the California Native Plant Society (httn: / /www.CNPS.ore/l, the California
Invasive Plant Council (formerly the California Exotic Pest Plant Council)
(htto: / /www.cal- ioc.or , or as may be identified from time to time by the State
of California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as a `noxious weed' by the State of California or the U.S.
Federal Government shall be utilized within die property. All plants shall be low
water use plants as identified by California Department of Water Resources (See:
htto: / /www.owue.water.ca.gov /dots /wucols00.pcifl. Any existing landscaping
COASTAL DEVELOPMENT PERMIT
No. 5 -09 -055
Page 13 of 13 .
within the project limits that doesn't meet the above requirements shall be
removed.
(d) Irrigation.to allow the establishment and maintenance of the plantings is
allowed. The landscaping plan shall show all the existing vegetation and any
existing irrigation system along with notations regarding all changes necessary
thereto to comply with the requirements of this special condition.
(e) Landscaping shall be designed and maintained to invite and encourage
public use of the publicly owned land on the mainland side of the bridge terminus,
including use of the area for viewing and fishing. All aspects of the plantings
(e.g. plant type, size, location, density of distribution, etc.) shall be designed in a
manner that does not obstruct or interfere with public views or public use and
enjoyment of the publicly owned land located around the mainland terminus of
the bridge.
(2) The plan shall include, at a minimum, the following components:
(a) A map showing the type, size, and location of all plant materials that will be on
the developed site, the irrigation system, topography of the developed site, and all
other landscape features, and
(b) a schedule for installation of plants.
B. The permittees shall undertake development in accordance with the approved plan. Any
proposed changes to the approved final plan shall be reported to die Executive Director.
No changes to the approved final plans shall occur without a Commission amendment to
this coastal development permit unless the Executive Director determines that no
amendment is required.
22. DEED REST121CTION
PRIOR TO ISSUANCE OF Tim COASTAL-DEVELOPMENT PERMIT, the applicant
shall-submit to the Executive Director for review and approval documentation demonstrating
that the landowner has executed and recorded against the parcel(s) owned by the applicant
that are governed by this permit a deed restriction, in a form and content acceptable to the
Executive Director: (1) indicating that, pursuant to this permit, the California Coastal
Commission has authorized development on the subject property, subject to terms and
conditions that restrict the use and enjoyment of that property; and (2) imposing the special
conditions of this permit as covenants, conditions'and restrictions on the use and enjoyment
of the Property. The deed restriction shall'include a legal description of the entire parcel or
parcels governed by this permit. The deed restriction shall also indicate that, in the event of
an extinguishment or termhlation of the deed restriction for any reason, the terms and
conditions of this permit shall continue to restrict the use and enjoyment of the subject
property so long as either this permit or the development it authorizes, or any part,
modification, or amendment thereof, remains in existence.on or with respect to the subject
Property.
KFUrh /a /permih2009 11/19/13
a
ATTACHMENT F
GRANT DEED
instrument the undersigned 1s the owner of Bald royalty interest her
and clear of incumbrrncee, and they have not Cold, assigned, transferred, pledgad, mortgaged,
hypothecated or otherniae encumbered the said royalty interest.
This contract Shell bind and inure to the benefit of the parties hereto, their Success-
ors in interest and aoslgne respectively.
Executed thin 6th day of November, 1927,
T. A. Wilcox
State of California,
Be.
County of Los Angeles,
On this 6th day 0Y tovember, 1927 A.D., before me, �.. g. yadite>
a Notary Public in and for said County and State, residing
therein, duly commissioned and awoan, personally appeared T. A. Wilcox, peraonally kno n to
meto be the person whose name is subscribed to the within iimtrumant, and ucknonledged to ma
that be executed the some.•
In Witneen Whereof, I have hereunto set my hand and affixed my official seal the day
and year in thin certificate first above written.
((SEAL)) Jean Robert 4edite Rotary Public
in and for the Oounty of Ion Angeles, State of California.
My Oommiasion axpree March 29, 1931-
Recorded at request of Assignee Nov. 12, 1927 at 9 Yin. pant 9 A.H. in Book 109, . Page
229 Official Remords of Oreage County. Justine Whitney Oounty Recorder.
Emma Smith COIL- -AHED Ada Robinsen
- - 0 0 0 - - -
36546'
CORPORATION
GRANT DEED
BAST NEWPORT TOWN C0MPANY, a corporation, in consideration of Tan (10.00) Dollars to
f : ?.
It in hand paid, the receipt of which Is hereby aolmo i%"dged,-does hereby grant to BAY ISLAND
CLUB,. a Oorporation, all that real proper't;y,.sitnated!in thc"l-0ity of Newport Beane, County .of.
Orange, State of California, described ae 'Eol`ionn:
The right': and eanement to eoaetrvo $,'meintsin,rzepsir, ?=d•xeplaee a bridge for pedestr-
..:I= sbd /or automobile travel 'av'er •aa3x?ectooeE of .-the hereinafter described property
included Tdteiwtho Northerly 0 "'. B.-d �B- 'th'e ®1`de fibe of either-lelandrAVenua, Ariade
Avenue or Nontero Avenue.. i. ':`':r- .1.. .
r..-
All.that. tortion., of;{thos propartq c "o "n9eysdE by W:i p.';WSYeon ant Mfd to Se.dt .Nenport Toga
Via: ,€ T ..;: ti�rfi•f?n. ? ti.
Company By daed`datedt6pr11ta12 {h, ieoord'edl Juhe -:l
l5thp_1904r'Sn Book 104, page 139 of
Deed's, records of 0`rango Oa1�Ly1 Osl iiroralri�; ��lyrii��9p`rtheily Of tba Center line of that
portiloa,of Buena YSetave'oulevard;� 40 feetsiasw$dth� -®hdwn on tea Nap of4Ubd!vleion of Block
c•L �. .'rbn %' /'o-1 rs 3 c y't ? x '..xu^-�v_. {,;. ..
"As Neaportr,rnoordad Yn'!BooY 4� page of legal +lmmeVUS Baps, records of eaid Oonnt7,
ZY yv q.� .
running From thBONOr�th ;east k 0rnarM sso iONaiP1(1)+itahe 96r'ie vest ooraer of Loti. Oae Rundxed
'e
1
hI}
if
[j
Y
i
U
28 of 38
I
£!e
FMEN
t,
<.
and used.
It In further covenantad and agreed that any new bridge shall not be loner than the
i present bridge across said pxoperty, as that no greater obstruction to the passage of boats
tbaa that existing at this time shell be maintained over the waterway and channel now over
i said property.
j The present bridge is built on an are and it is hereby agreed that the floor oP said
bridge at the center of the , arc Is thirteen feat above mean low 1•Qw water.
i
To have and to bold to the cold grantee its eacoeseore and aaeigne, but without covenant
ior warranty, express or itmpliad, se to the title to the rights oZ .property herein described.
In Witness Whereof, the East Newport Town Company has hereunto caused its corporate
jname to be signed and its corporate seal to be affixed by its President and Secretary,
thereunto duly authorized by reoelution of its Board of Directors., thin 13th day Of July,
•1927. - - `) '
((CORPORAYE REAL)) • EAST HMORT TORN COUFANY, '
By W. B. Clancy president. J
And C. 0. Evans Secretary.
e
State of California,
ea.
County of Riverside, '
On this 7th day of.Socember, 1927, beSore ms. C. H. Derby, a Notary
Public in and for held Oounty and State, molding tberoin, duly
commiaeiuned and sworn, personally appeared H. B. Clancy, know to me to be the President
amd 0. 0. &vans, known to me'iCbe' the Secretary of the coxporation described in and that
c.
executed the Within inutrwaent i;, enQ'known to m to be the persons who executed the within
Instrument on behalf of the oatporation therein namod, and acknowledged to me that each corp-
oration executed the same.
In Witness Whereof, I have bereunto set my hand end affixed my official seal, the ddy
anAayear is this certliic'dte first above written.
((SEAL)) 0. W. Derby Rotary Public .
in and for said Oounty and State.
Filed for record at tb:e request of Grantee Nov. 12, 1927 at 15 miaatea pant 9 o'clock
A.N. and recorded in Volume 109 of Official Records, page 230 Orange .County Records. Justine
Whitney Recorder. By Ruby Cameron Deputy.
Etyma Smith COBPARCD Ada Robinson
36547
,
Ill THE SGPIRICRi. OOURT
. •S
OF THE OOUNTT OF ORANGE, STATI OF CALL OMIA. ,
LOUIS CROWE.
Plaintiff.
WAIT OF ATTAOBHEHT.
Va.
3,
J. 3. ALLIS,
29 of 38
r
ATTACHMENT G
CITY COUNCIL POLICY L -7
L.7
ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD -
EDGEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET
It is recognized that Buena Vista Boulevard and Edgewater Avenue, between Bay
Avenue and Fernando Street, because of their geographical location, are used mainly to
provide non - vehicular access and views to the waters of Newport Bay.
The following policy regarding street encroachments and bay access has been
developed to (1) provide for the existing public use of the bay beaches and waters and
(2) encourage the maintenance by private property owners of the existing park -like
surroundings.
BUENA VISTA - BAY AVENUE TO EDGEWATER
The street right -of -way in this reach varies from 30' to 35.88' in width, with private
property on both sides of the public way. Improvements allowed at this location shall
consist of the following:
A. A six-foot wide public sidewalk along the inland side of the right -of -way line
maintained by the City.
B. Landscaping and park -like improvements in the remaining portion of the right -
of -way shall be allowed if installed and maintained by the adjoining property
owners. Low -level walls or curbing required for tidal protection will be allowed.
Private improvements such as walls, fences, gates, signs and living areas such as
cabanas and other roofed structures shall not be allowed except on the private
property bayward of the street right -of -way.
C. Access to private piers and floats shall be allowed where a harbor permit has
been granted, but such access structures shall not be expanded beyond the
permit dimensions.
EDGEWATER AVENUE - BUENA VISTA TO ISLAND AVENUE
The street right -of -way in this reach is 40' wide with private property on the inland
side_ The bay side is improved with a privately constructed bulkhead.
1
30 of 38
L-7
Improvements allowed at this location shall consist of the following:
A. A six-foot wide public sidewalk along the inland side of the right -of -way line
maintained by the City.
B. Landscaping and park -like improvements in the remaining portion of the right -
of-way (between the sidewalk and the bulkhead) shall be allowed if installed and
maintained by the adjoining property owner. Private improvements such as
fences, gates, signs, and living areas shall not be allowed.
C. Access to private piers and floats shall be allowed where a harbor permit has
been granted, but such access structures shall not be expanded beyond the
permit dimensions.
D. Such benches and view sites within the public way that may be approved by the
Parks, Beaches and Recreation Department.
EDGEWATER AVENUE - ISLAND AVENUE TO ALVARADO STREET
The street right -of -way in this reach is 40' wide with private property on the inland
side. The bay side is improved with a sloping beach leading to the waters of the bay.
Improvements allowed at this location shall consist of the following:
A. A six-foot wide public sidewalk along the inland side of the right -of -way
maintained by the City.
B. The remaining portion of the right -of -way shall be reserved as a public beach
and no private improvements, impediments or boat storage shall be allowed
except for access to piers and floats where a harbor or a mooring permit has been
granted, but such access structures shall not be expanded beyond the permit
dimensions. Any existing permits to encroach on the right -of -way shall be
rescinded.
EDGEWATER AVENUE ALVARADO STREET TO FERNANDO STREET
The street right -of -way in this reach is 50' wide. The bay side is improved with a
sloping beach leading to the waters of the bay. The private lots bayward of the public
right -of -way are under water.
2
31 of 38
L-7
Improvements allowed at this location shall consist of the following:
A. A six-foot wide public sidewalk along the inland side of the right -of -way
maintained by the City.
B. The remaining portion of the right -of -way shall be reserved as a public beach
and no private improvements, impediments or boat storage shall be allowed
except for .access to piers and floats where a harbor permit has been granted, but
such access structures shall not be expanded beyond the pemvt dimensions.
Landscaping improvements conforming to this policy shall be installed only in
accordance with an approved plan which has been approved by the General Services
Department and a permit issued by the Public Works Department. A blanket revocable
permit will be issued by the City for the existing landscaping improvements. Any
existing improvements not conforming to this policy and not covered by a blanket
permit shall be removed pursuant to the procedures established in Chapter 10.50 of the
Municipal Code entitled "Public Nuisance Abatement ".
Nothing in this policy shall be construed as a waiver by the City of Newport Beach of
any rights, title, or interest in the entire street right -of -way covered by this policy.
Adopted - March 14,1977
Reaffirmed - January 24,1994
Amended - May 8, 2001
32 of 38
ATTACHMENT H
CITY COUNCIL POLICY L -8
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
ENDING AT THE OCEAN FRONT OR AT NEWPORT BAY
GENERAL
W.
It is the general policy of the City that streets, alleys and other public ways ending at
the ocean front or at Newport Bay are reserved for public use or open space; and that
the rights of the public, present and future, in said public ways are not to be diminished
by the installation of private encroachments in said public ways.
A. Private encroachments will not be permitted in said public ways unless
individual circumstances indicate that approval will be consistent with the public
interest. Such circumstances are:
1. The improvements do not create an impression in the mind of the average
member of the public that any portion of the public -vvay is private
property.
2. The improvements do not decrease the ease of access to the beach for
emergency and utility vehicles or pedestrians.
3. The improvements do not result in the loss of legal parking spaces, except
for driveway approaches conforming to Council Policy L -2, "Driveway
Approaches ".
4. The improvements do not eliminate views of the beach from the nearest
alley or cross street that is parallel to the ocean front.
TYPES OF PRIVATE ENCROACHMENTS
A. Private encroachments requiring prior approval of the City Council and an
encroachment permit and if applicable an encroachment agreement from the
Public Works Department.
1. Structural encroachments not otherwise listed, including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of
one foot into the public right -of -way, or exceed three feet in height.
2. Driveway approaches not conforming to Council Policy L-2.
1
33 of 38
iii?
3. Modifications to original design concepts approved by the City.
4. Signs.
5. Lighting.
6. Parkway surfacing other than standard Portland cement concrete,
textured concrete, flat stone, or brick installed at grade.
B. Private encroachments requiring prior written approval of the General Services
Department and an encroachment permit and if applicable an encroachment
agreement from the Public Works Department.
1. Bay front street ends.
a. Bay front street ends at beach level may contain two- foot -wide
planting areas bounded by redwood or concrete strips and
containing hedges no more than two feet in height. The planing
areas may be installed:
i. at each side of the prolongation of the street and extending
no more than 15 feet from the end of the paved street.
ii. at the end of the paved street, except that a 12- foot -wide
opening must be left for City emergency and maintenance
equipment, and pedestrians to enter the beach area.
b. Bay front street ends where tidal flow prevents standard
installation may be landscaped, subject to the prior approval by the
City of specific plans prepared by the applicant. Access to beach
areas must be provided for in any such specific plans.
C. Improvements will be installed at the expense of the adjacent
property owners.
d. Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
2
34 of 38
t1E:l
2. Except as provided for in Paragraphs C. and D. below, unimproved ocean
front street ends may be improved under the following conditions:
a. Improvements will be installed at the expense of the adjacent
property owners.
b. Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
C. All work must be installed to grades established by the Public
Works Department.
d. A four- foot -wide sidewalk will be provided on each side of the
street right -of -way adjacent to the property line.
e. A minimum of 12 feet of unobstructed access to the beach in the
center of the right -of -way will be surfaced with brick, asphalt,
concrete or artificial turf, or an equivalent surfacing approved by
the City.
i. Portland Cement Concrete. Six inches over native
compacted material.
ii_ Asphalt Concrete. Two and one -half inches of asphalt
concrete over a six- inch -thick aggregate.
iii. Brick. Brick installed over four inches of imported aggregate
base. A dry mix of one -to -one cement and dean plaster sand
to be swept into the 1/4 to 1/2 -inch space between bricks.
The dry mix will be moistened with a fine spray of water
after it is in place.
f. Planters five feet wide will be provided between the side and the
center access along a portion of each side of the street with a heavy
emphasis on drought resistant plant materials. Plant material will
be installed to City specifications. A six-inch to 18 -inch high lip of
concrete, brick or rock may be installed as part of the planter.
3
35 of 38
LE
g. Special provisions will be made in the design when garage access is
required from street ends.
h. Where unusually large quantities of sand exist in a street end area,
the City will assist the adjacent owners by moving the same to an
area determined by the City.
3. Unimproved alleys that end at the ocean front may be improved under
the following conditions:
a. Improvements will be installed at the expense of the adjacent
property owner_
b. All work will be installed to grades established by the Public Works
Department.
C. Landscaping of potted plants will be permitted in the portion of the
alley right -of -way that terminates at the ocean front sidewalk. A
six- foot -wide inviting passageway will be maintained for
pedestrian access.
d. Where vehicles or pedestrians will travel, alleys may be surfaced
with brick, asphalt, concrete or equivalent surfacing.
e. Improvements will extend from the nearest street of alley
improvement to the northerly line of the ocean front.
4. If, in the opinion of the General Services Department, the location and
nature of this type of encroachment is such that review by the Parks,
Beaches and Recreation Conunission is warranted, the Department may
forward the application to the Commission for review.
C. Where street ends or alley ends are improved in accordance with City standard
design criteria, standard drawings, and standard specifications, no approval of
the General Services Department or Parks, Beaches, and Recreation Commission
is required. An encroachment permit shall be obtained from the Public Works
Department.
D. In West Newport, from 36th Street to Summit Street, street ends will be
improved as provided for in Policy Lr12.
4
36 of 38
Ki
E. Private encroachments requiring an encroachment permit and, if applicable, an
encroachment agreement from the Public Works Department:
1. Standard drive approaches.
2. Standard curb, gutters, sidewalks, and street pavement.
3. Carriage walks and parkway surfacing of standard Portland cement
concrete, textured concrete, or brick.
4. Cable television and public utility facilities.
5. Structural encroachments not otherwise listed, including, but not limited
to, fences walls, patios, raised planters, etc., which encroach one foot or
less into the public right -of -way. If, in the opinion of the Public Works
Department, the nature or location of this type of encroachment is such
that City Council review is warranted, the Department may forward the
item on to the Council for action.
F. Private encroachments not requiring a pennit:
None.
APPLICATION PROCEDURE
All applications for permits to construct private encroachments under this policy shall
be made to the Public works Department.
INSTALLATION
All improvements made under the provision of this policy shall be paid for by the
owners of adjacent property.
MAINTENANCE
All improvements made under the provisions of this policy shall be maintained by and
at the expense of the owners of adjacent property.
5
37 of 38
IM-1
ENFORCEMENT
Enforcement of this policy shall be the responsibility of the Public Works Department.
In the event that private encroachments constructed under the provisions of this policy
are not maintained, the Public Works Department shall give written notice to the
permittee to restore said improvements to an acceptable condition, and further, setting
forth a specified date by which time the improvements must be restored.
Failure to restore said improvements within the period of time specified shall be cause
for the General Services Department to remove the improvements from the public
right -of -way without further notice to the permittee.
Adopted - August 24,1981
Amended - November 8,1982
Minor clarifications - November 27,1989
Amended - January 24,1994
Amended - May 8, 2001
Formerly Lr10
38 of 38