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HomeMy WebLinkAbout04 - Revision to Council Policy L-6, Permitting Artificial Turf in the Public Right-of-WayCITY OF NEWPORT BEACH City Council Staff Report January 27, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: Mark Vukojevic, Deputy Public Works Director /City Engineer PHONE: (949) 644 -3319, mvukojevic @newportbeachca.gov TITLE: Revision to Council Policy L -6, Permitting Artificial Turf in the Public Right -of -Way ABSTRACT: The Public Works Department is requesting revisions to Council Policy L -6 to allow installation of high grade artificial turf as a permissible item within the public right -of -way through a standard encroachment permit process. RECOMMENDATION: a) Approve the proposed revisions to Council Policy L -6; and b) Adopt Resolution No. 2015 -7, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policy L -6. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Council Policy L -6 defines the permit requirements and permissions for private encroachments within the public rights -of -way (typically street parkways and alleys). Currently, Council Policy L -6 allows for certain private encroachments in the public right -of -way. Standard or routine items such as drive approaches, sidewalks, carriage walks and mailboxes are permissible items and require an 'over the counter" encroachment permit (also known as a Public Works Permit or Street Permit). Non - routine, unique, decorative and vertical structural items such decorative paving, fences, stairs, walls, and artificial turf require a non - standard encroachment agreement and encroachment permit. A non - standard encroachment agreement is a legal document recorded against the property title and results in additional cost and time to the applicant. 4 -1 Artificial turf in the public right -of -way (typically parkways) is currently considered a non - standard item per the policy and applicants are required to enter into a non - standard encroachment agreement in addition to the encroachment permit. Over the last year and with the current drought, requests and inquiries from residents for artificial turf in the right -of -way have substantially increased. Many potential applicants were disappointed to hear that artificial turf was considered non - standard and required City Council approval resulting in additional cost and time. Public Works investigated industry practice, the practice of other agencies and believes that the current artificial turf product has vastly improved the look to better mimic real grass turf and could be considered more of a routine and standard item in the public right -of -way. California is experiencing a prolonged drought prompting many to look for ways to save water. In accordance with the imposed Level One water shortage plan, residents have been responding by looking for ways to cut water use and to take advantage of various rebate incentives. One effort is removing traditional turf and replacing with drought tolerant plants and /or artificial turf. This idea was reviewed and discussed by the City's Water Quality /Coastal Tidelands Committee. Their recommendation was for staff to pursue revising Council Policy L -6 to allow for the use of high quality artificial turf within the public parkways. Public Works has amended Policy L -6 and inserted language in Section C of the policy to include artificial turf as a permissible item through an encroachment permit process. Staff has also developed specific standards for acceptable materials and installation guidelines to assure the quality. Indoor and outdoor (green) carpet is prohibited. Interested residents and businesses will use a typical encroachment permit process where they may obtain an "over the counter" permit and the City will inspect the work and final product. As with all parkways defined in the streets and highways code, the resident or business is required to maintain the parkway in good order. Staff has also made minor changes to the L -6 by updating Departmental names, clarifications and incorporating public easements into the Policy. Staff recommends that Policy L -6 be revised as proposed to further assist in water conservation, streamline the process, and reduce costs to applicants while maintaining a high level of uniformity in the public right -of -way. These revisions will substantially reduce the cost to the applicant. The current process requires the applicant to pay $900 to process a non - standard encroachment agreement. The revised policy will reduce the cost to a standard permit fee of $242. Applicants will still be required to pay the standard inspection fee currently at $154. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the proposed change to Council Policy L -6 exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts minor public or private alterations in the condition of land, water, and /or vegetation which do not involve removal of healthy mature scenic trees. Allowing artificial turf as an alternative to grass or other natural groundcovers would fall into this class of exempt work. 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). ATTACHMENTS: Description Attachment A - Resolution 4 -2 ATTACHMENT A RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CITY COUNCIL POLICY L -6 "PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY" WHEREAS, the City of Newport Beach is governed, in part, by its Charter, Municipal Code and adopted City Council Policies; WHEREAS, City Council Policy D -3 requires that the City Manager annually review the Council Policy Manual for any needed additions, changes or deletions; and WHEREAS, the City Manager recently completed his review of the Council Policy L -6 and recommends revising City Council Policy L -6 "Private Encroachments in Public Rights -of -Way" as shown in the revised redline attached to this resolution, and incorporated by reference herein (Exhibit 1). NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Newport Beach resolves the following: Section 1: The Council hereby amends Council Policy L -6 as shown in Exhibit 1. Section 2: All prior versions of Council Policy L -6 that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds this change to Council Policy L -6 exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts minor public or private alterations in the condition of land, water, and /or vegetation which do not involve removal of healthy mature scenic trees. Allowing artificial turf as an alternative to grass or other natural groundcovers would fall into this class of exempt work. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this day of 12015. Edward D. Selich Mayor Leilani I. Brown City Clerk Attachment: Exhibit 1 — Redline Draft of Revised City Council Policy L -6 =I EXHIBIT 1 W1 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the City that the public rights -of -way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of- way. Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right -of -way, or exceed 3 feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy L -2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L -8. 4. Ocean front alley end improvements not conforming to Council Policy L -8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/ brick/ avers installed at grade. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. 1 4 -5 101 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations r'i-nie Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operationsr'e-;ePal Seryiee Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy L -2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone /brick) installed at grade (subject to Municipal OperationsGeneral Sys Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right -of -way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is N M. INN such that Council review is warranted, the Department may forward the item to the Council for action. 4 -7 IQ1 Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. In the T_there shall be at least 4 feet of clear sidewalk width and /or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. 10. Artificial Turf up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufactures recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, earing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf - Material and Installation Standards. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non - standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height measured from the top of curb elevation /or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2' -6" of the back of existing sidewalk, planted with ground cover and Cl Ou 101 shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2' -6" from back of sidewalk. i. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in c-R-448-r4:Rafflee w44 gui4diRg and 121a++Fing Code RegulatiRRE;. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2' -6" from the back of sidewalk. i. Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of 2' -6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of 2' -6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. 4. Non - standard encroachments, including, but not limited to fences, walls, and raised planters within City easements. 5 MO 101 If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Californian Building Code or California Residential Code under a valid building permit issued by the City. E Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the Municipal Operationsr mat- Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - August 14,1989 Amended - February 14,1972 Amended - November 27,1989 3 ME Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 Amended - lanuary 27, 2015 4 -11