HomeMy WebLinkAbout15 - 226 Ruby Avenue EncroachmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
January 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Keely
949 - 644 -3349 or dkeely @city.newport- beach.ca.us
SUBJECT: 226 RUBY AVENUE —ENCROACHMENT OF NON - STANDARD
IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (N2007 -0488)
OWNER: MANAGEMENT VI PROPERTIES
RECOMMENDATION:
Approve the Owner's request for approval of existing non - standard encroachments,
which include, but are not limited to, 21' -6" wide by 6' -11" tall rolling gate with door
passage in gate, gate track, upright support, and appurtenances within the public right -
of -way adjacent to the property located at 226 Ruby Avenue along the Balboa Avenue
frontage, as presented by staff, and direct staff to prepare an encroachment agreement
and permit for the non - standard improvements in the public right -of -way adjacent to 226
Ruby Avenue along the Balboa Avenue frontage, if the property owner also obtains
approval of a modification permit to allow the improvements to encroach into the
required setback.
BACKGROUND:
On June 14, 2007, the City sent a letter to the applicant via facsimile and U.S. First
Class Mail regarding code violations (Exhibit A). The letter indicated that the sliding
gate and appurtenant features that had been illegally installed by owner are
encroaching into the public right -of -way and that City Council Policy does not provide
for these types of improvements.
On August 31, 2007, a follow up letter from the City was sent the applicant via facsimile
and U.S. First Class Mail regarding code violations (Exhibit B). The letter indicates that
the sliding gate is in violation of:
1. Uniform Administrative Code Section 301.1 — No building permit has been issued
for installation of the 6' -11" high sliding gate on the Balboa Avenue frontage.
226 Ruby Avenue — Encroachment of Non - Standard Improvements in the Public Right -of -Way (N2007 -0488)
January 8, 2008
Page 2
2. Zoning Code Section 20.10.030, 20.60.030, 20.62.040 — The sliding gate
encroaches into the required side setback of 3', and no modification permit for
this setback encroachment is on file with the City.
3. Newport Beach Municipal Code Section 10.50.020 (F) — The sliding gate
encroaches into the public right -of -way, and constitutes a public nuisance. City
Council Policy L -6 allows the Public Works Department to approve
encroachment permits for private improvements no higher than 3 feet. The gate
that was installed is 6' -11" in height.
The corrective actions identified in the August 31, 2007 letter were:
1. File an appeal with City Council for an encroachment permit to allow the sliding
gate, higher than 3', in the public right -of -way; or obtain a survey of the property
by a licensed surveyor to demonstrate that the property line is in a different
location than City records indicate.
2. If the encroachment permit is approved; or the sliding gate is determined to be
on private property, apply for a modification permit which, if approved, would
allow the sliding gate in the setback area. If a modification permit is approved,
obtain a building permit for the construction of the sliding gate.
If either the encroachment permit or the modification permit is not approved, the owner
is to remove the sliding gate and restore the sidewalk to its original condition.
On December 5, 2007, the applicant submitted an encroachment permit application and
plan for an existing 21' -6" wide sliding gate with passage door for City Council Review.
DISCUSSION:
The plan submitted by the applicant depicts the entire sliding gate with passage door
and sliding gate track within private property as shown on Exhibit C.
Exhibit D shows the record drawing for the area adjacent to 226 Ruby Avenue. As
shown on Exhibit D, Balboa Avenue (formerly Central Avenue) is 40 feet wide property
line to property line. The property line adjacent to 226 Ruby Avenue is located 6 -feet
back from curb face, which includes a 4 foot sidewalk adjacent to the street and 2 feet
of parkway between back of walk and property line. Based on this information and field
measurements, the existing property line wall at 226 Ruby Avenue along the Balboa
Avenue frontage encroaches approximately 3- inches into the public right -of -way. Staff
has modified the plan submitted by the application, based on the record drawing and
field measurements. Exhibit E shows the staff modified plan.
The existing non - standard encroachments within the public right -of -way include:
1. 21' -6" wide by 6' -11" steel frame sliding gate with vinyl siding and door passage
encroaching 13" into the public right -of -way on Balboa Avenue adjacent to the
226 Ruby Avenue — Encroachment of Non - Standard Improvements in the Public Right-of-Way (N2007 -0488)
January 8, 2008
Page 3
alley and 11" into the public right -of -way on Balboa Avenue toward the center of
the property.
2. 23' -8" steel gate track encroaching 9" into the public right -of -way on Balboa
Avenue frontage.
3. 5' -3.5" tall steel vertical support encroaching V -4" into the public right -of -way on
Balboa Avenue frontage.
4. 8' wide by 3' high wrought iron fence encroaching V -3" inches into the public
right -of -way on Balboa Avenue frontage.
5. Related appurtenances.
The existing non - standard improvements are not required for the development of this
site. Exhibit F are photos of the existing non - standard encroachments.
The existing non - standard improvements in the public right -of -way exceed those
allowed by City Council Policy L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -
OF -WAY (Exhibit G), which prohibits structural encroachments, 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 sidewalks exists. Since the existing non-
standard encroachments are not consistent with Council Policy, staff does not have the
authority to approve the non - standard improvements.
Although the existing non - standard improvements are inconsistent with City Council
policy, staff does not think they present impediments to public use of the right -of -way or
cause public safety concerns. The height of the gate makes it an effective screen for
vehicles and other items stored in the carport, which improves the public view from
Balboa Avenue.
As noted earlier, the improvements are also in violation of the Zoning Code, which
requires a setback of 3 feet from Balboa Avenue. A modification permit must also be
approved to allow the improvements to remain. Staff advised the applicant to apply for
the modification permit at the same time as the encroachment permit, so that the City
Council could act on both applications, but he declined to file the second application.
Should the City Council approve the existing non - standard encroachments in the public
right -of -way, staff recommends that the Council condition its action on the approval of a
modification permit.
Staff is continuing to work with the applicant on other code violations noted in the
attached letters. Another encroachment permit has been filed for the Balboa Avenue
awnings, and is within staffs authority to approve. No action has been taken with
regard to the new building area, and staff is issuing citations for the code violations
associated with that property improvement.
226 Ruby Avenue — Encroachment of Non - Standard Improvements in the Public Right -of -Way (N2007 -0488)
January 8, 2008
Page 4
Environmental Review:
Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14,
California Code of Regulations. Exemption is for minor alterations of existing facilities
not expanding existing uses.
Prepared by:
David Keely
Senior Civil Engineer
Submitted by:
fn G. Badum
Works Director
Attachments: Exhibit A —
City Letter dated June 14, 2007
Exhibit B — City Letter dated August 31, 2007
Exhibit C
— Applicant's Submitted Plan
Exhibit D
— Copy of City Record Drawing
Exhibit E —
Staff Modified Plan
Exhibit F — Photos of Non - Standard Encroachments
Exhibit G — City Council Policy L -6
z
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
Robin Clauson, City Attorney
June 14, 2007
VIA FACSIMILE (949) 675 -6685 (714) 771 -9039 EXHIBIT
& U.S. FIRST CLASS MAIL
Lee G. Gale
Management VI Properties, LLC
P.O. Box 5836
Newport Beach, California 92662
RE: 226 Ruby Avenue, Newport Beach
Dear Mr. Gales:
Thank you for taking the time to meet with 'me to discuss the outstanding code violations at
the 226 Ruby Avenue property (°Property'). As agreed, you will take the following actions by
July 6, 2007:
Remove the planter and shrub that is identified on Exhibit A hereto and
repair /replace the cement in a manner acceptable to the City. A safety cone will
need to be placed and maintained in the whole created by the removal of the
planter until the concrete is replaced.
2. Reduce the height of the landscaping in the remaining planters denoted on
Exhibit B to under thirty-six inches.
3. Remove the green awning identified on Exhibit C if it protrudes more than fifty-
four inches. If the green awning does not protrude more than fifty-four inches,
remove and reinstall the green awning so that it is at least eight feet above
public right -of -way.
4. Place and maintain a safety cone immediately adjacent to the mailbox identified
on Exhibit D.
5. Submit an application and pay all necessary fees to obtain a building permit
authorizing the installation of the windows identified on Exhibit E.
In addition to the foregoing, you will need to obtain an encroachment agreement from the City
to allow the following:
The remaining planters identified on Exhibit B which may remain if the
landscaping is reduced /maintained below thirty -six inches and the planter and
shrub identified in Exhibit A is removed.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3131 • rax: (949) 644 -3139 • www.city.newport- beach.ca.us
Lee G. Gale
Management VI
June 14, 2007
Page 2
Properties, LLC
2. The green awning identified on Exhibit C provided it is higher than eight feet
above the public right -of -way and does not protrude more than fifty-four inches.
3. The fence identified on Exhibit F.
The deadline for applying for the encroachment agreement will be set after we resolve the
outstanding issues related to the property. Specifically, the sliding fence and appurtenant
features identified on Exhibit G are encroaching into the public right -of -way. As agreed, I will
meet with City staff to discuss whether allowing these improvements to be maintained in the
public right -of -way pursuant to an encroachment agreement is appropriate. However, please
be advised that City Council Policy does not provide for these type of improvements to be
located in the public right -of -way and 1 have not made any representation that these
improvements will be allowed to remain in the public right -of -way.
In addition, at this time, I do not know whether a building permit can be issued for the
Installation of the windows identified in Exhibit E. Hence, we will not be able to resolve
issues related to the windows until the application for a building permit has been fully
reviewed.
Based on your agreement to take the actions set forth above, the City has agreed to not issue
any additional. citations related to the above - referenced items until after July 6, 2007.
However, please be advised that if you fail to comply with the foregoing or any other deadlines
set by the City related to violations at the Property, the City will be forced to issue additional
citations.
Finally, I agreed to review whether the fine set forth in the initial citation issued to you last
week could be waived. I will review this matter, however, please be advised that I have not
made any representation to you regarding whether this fine can or will be waived.
Please do not hesitate to contact me at (949) 644 -3131 if you have any questions regarding
the foregoing.
Very truly yours,
G C c.
Aaron C. Harp,
Assistant City Attorney for the
City of Newport Beach
cc: Steve Hook, Building Department
Randy Okada, Public Works Department
Matt Cosylion, Code Enforcement
Enclosures
CITY OF NEWPORT BEACH
EXHIBIT B
August 31, 2007
VIA FACSIMILE (949- 675 - 6685) (714- 771 -9039)
& U.S. FIRST CLASS MAIL
Mr. Lee G. Gale
Management VI Properties, LLC
P. O. Box 5836
Newport Beach, CA 92662
Dear Mr. Gale:
As Sharon Wood indicated in a telephone conversation with you last week, she
has completed a thorough investigation of the conditions at your property at 226
Ruby Avenue and the enforcement actions taken by City staff. She also has
reviewed the letter of June 14, 2007, from Aaron Harp, and noted that you have
completed the corrective actions required pertaining to the planter near the fire
hydrant on Balboa Avenue, the height of landscaping on Balboa Avenue, and the
height of the awning on Balboa Avenue. You must still sign, have notarized and
return to the Public Works Department the encroachment agreement for the
fence along Ruby and Balboa Avenues. In addition, you must apply for an
encroachment permit for the remaining planters on Balboa Avenue. If you do not
complete these two actions by September 14, 2007, the City will take further
enforcement action, as explained later in this letter.
Your property also has significant violations of City codes with respect to what
Mr. Harp referred to as the installation of windows, the sliding gate at your
carport entrance, and the location and extension of the Balboa Avenue awnings.
This letter outlines those violations, what you must do to correct them, timelines
for corrective action, and avenues of administrative relief if you disagree with
staff's findings. We are also attaching plans and permits from City records on the
property, which help to demonstrate that some of the work done at your property
was not approved or permitted by the City.
City Hall • 3300 Newport Boulevard • Post Office Box 1768
Newport Beach California 92658 -8915 • www.citynewport- beach.ca.us
Mr. Lee G. Gale
August 31, 2007
Page 2 of 6
New Building Area (Installation of Windows)
Violations
1. Uniform Administrative Code Section 301.1
Installation of roof, siding and windows, which created new building area
in the area formerly enclosed by a low block wall, lattice screen and
awning (as shown in one of the photographs you provided to Ms. Wood,
Exhibit 1), was not within the scope of Building Permit 2006 -0078. The
permitted work was installation of vinyl siding over existing shingles, not
the installation of siding on the existing block wall and construction of new
building area. Neither your application nor the building permit (Exhibits 2
and 3) noted the extra work; Building Inspector Don Taylor noted that the
work had been completed without benefit of inspections; and the existing
shingles were still visible on the original Balboa Avenue fagade when Ms.
Wood visited the property on August 17, 2007.
2. Zoning Code Sections 20.10.030, 20.60.030, 20.62.040
The new building area encroaches into the required side setback and may
exceed the maximum floor area limit. Where a setback of 3 feet is
required, the new building area has no setback. Without plans for the new
building area, we cannot determine if it exceeds the maximum floor area
limit. Although the block wall may have been a legal nonconforming
condition, the new work in this area has increased the extent of that
nonconformity without City approval. Earlier plans and permits for the
property show the following property conditions and approvals. Nowhere
in City records is there an approval to extend the building so there is no
setback from Balboa Avenue.
a. Modification #1058 approved in July 1976 shows the area in
question as an "entry terrace" (Exhibit 4).
b. Modification #2075 approved in May 1977 allowed a balcony on the
Balboa Avenue frontage to extend an existing nonconformity and
be located 1 foot, 3 inches from the property line instead of the
required 3 feet (Exhibit 5).
c. Modification #2110 approved in July 1977 allowed awnings to be
installed with no setback from Balboa Avenue, because they are
not permanent structures. Plans submitted for this modification
permit show the Balboa Avenue frontage of the building set back
from the property line, with only the awning encroaching into the
required setback. The plans also show that the awning's steel
- support was to be attached to the block wall, and show the .block
wall, not any part of the building, at the property line (Exhibit 6).
Mr. Lee G. Gale
August 31, 2007
Page 3 of 6
d. An aerial photograph of your property from 2001 shows a wall at
the property line, but not any portion of the building (Exhibit 7).
Corrective Action Required
If you wish to retain the new building area, you must apply for a modification
permit that, if approved, would allow the structure in the required setback. The
plans required for this application will provide the information for staff to
determine if you must also apply for a variance that, if approved, would allow the
building to exceed. the maximum floor area limit. If the modification permit (and
variance, if needed) is approved, you must obtain a building permit. If the
modification permit (and variance, if needed) is not approved, obtain a building
permit to remove the unpermitted building area, and restore the structure to its
permitted size and location.
Carport Sliding Gate
Violations
1. Uniform Administrative Code Section 301.1
No building permit has been issued for installation of the sliding gate on
the Balboa Avenue frontage. You indicated to Ms. Wood that you have
only replaced the gate on a pre- existing track, but no plans or permits in
the City's files document the existence of a previous gate.
2. Zoning Code Sections 20.10.030, 20.60.030, 20.62.040
The sliding gate encroaches into the required side setback of 3 feet, and
no modification permit for this setback encroachment is on file with the
City.
3. Newport Beach Municipal Code (NBMC) Section 10.50.026(F)
The sliding gate encroaches into the public right -of -way, and constitutes a
public nuisance. City Council Policy L -6 (Exhibit 8) allows the Public
Works Department to approve encroachment permits for private
improvements no higher than 3 feet. Your sliding gate exceeds 6 feet.
Corrective Action Required
If you wish to retain the sliding gate, you must take the following actions to
legalize it:
Mr. Lee G. Gale _
August 31, 2007
Page 4 of 6
1. File an appeal to the City Council for an encroachment permit to allow the
sliding gate, higher than 3 feet, in the public right -of -way;
OR
Obtain a survey of the property by a licensed surveyor to demonstrate that
the property line is in a different location than City records indicate.
2. If the encroachment permit is approved, or the sliding gate is determined
to-be on your property, apply for a modification permit that, if approved,
would allow the sliding gate in the side setback. If a modification permit is
approved, obtain a building permit for construction of the sliding gate.
If either the encroachment permit or the modification permit is not approved,
remove the sliding gate and restore the sidewalk to its original condition.
Balboa Avenue Awninus
Violations
1. Uniform Administrative Code Section 301.1
No building permit has been issued for the installation of these awnings.
Building Permit 23139 allowed the installation of an awning on part of the
Balboa Avenue frontage of the house, but not over the carport.
2. Zoning Code Section 20.60.030(G)
Modification #2110 approved in July 1977 allowed awnings projecting to
the property line (3 feet in depth, with no setback from Balboa Avenue) to
be installed on part of the Balboa Avenue frontage of. the house, but not
over the carport (Exhibit 6). The new awnings are 3 feet, 7 inches deep,
and extend all the way to the rear of the house, covering the carport.
Extension of the length and depth of the approved awnings. is not allowed
without a new modification permit.
3. Newport Beach Municipal Code (NBMC) Section 10.50.020(F)
The awnings encroach into the public right -of -way and constitute a public
nuisance.
Corrective Action Required.
If you wish to retain the awnings, you must take the following actions to.legalize
them..
Mr. Lee G. Gale
August 31, 2007
Page 5 of 6
I. Apply for an encroachment permit that, if approved, would allow the
awnings to encroach into the public right -of -way.
2. If the encroachment permit is approved, apply for a modification permit
that, if approved, would allow awnings projecting to the property line along
a greater portion of the Balboa Avenue frontage of the house.
3. If the modification permit is approved, apply for a building permit to install
the awnings.
If either the encroachment permit or the modification permit is not approved,
remove the awnings.
City Enforcement Actions
Mr. Harp's letter noted that the City would not issue additional administrative
citations for these violations until after July 6, 2007, and we have kept that
commitment for another several weeks while conducting further investigations.
Please be advised that the City will begin issuing additional administrative
citations, and possibly pursue other enforcement actions including misdemeanor
citations, nuisance abatement, civil lawsuit to enjoin the violations or a criminal
complaint, if you do not submit a plan and schedule to correct the violations at
your property for City review by September 21, 2007.
We have considered your request to waive the previous administrative citation
fine. Because you have not completed all of the actions agreed to in your
meeting with Mr. Harp, in particular addressing the window installation /new
building area, we do not believe it is appropriate to waive the fine.
Appeals
If.you have evidence showing that City staff is incorrect in its application of the
Uniform Administrative Code or Zoning Code, you may appeal our determination
to the Building Board of Appeals or Planning Commission, respectively. Any
appeal must be accompanied by supporting documentation and the required fee,
$887 for the Building Board of Appeals and $340 for the Planning Commission.
Conclusion
The City considers the code violations at your property to be serious matters, and
intends to vigorously pursue enforcement of the codes. We strongly encourage
you to take the following actions, so that we do not have to take more serious
enforcement action.
t
Mr. Lee G. Gale
August 31, 2007
Page 6 of 6
1. Sign, have notarized and return to the Public Works Department the
encroachment agreement for the fence along Ruby and Balboa Avenues
by September 14, 2007.
2. Apply for an encroachment permit for the remaining planters on Balboa
Avenue by September 14, 2007.
3. Submit a proposed plan and schedule for correcting the violations with
respect to the new building area, carport sliding gate and Balboa Avenue
awnings for City review by September 21, 2007.
If you have questions before these dates, you may call either of us.
Sincerely,
Sharon Z. Wood
Assistant City Ma ager
644 -3222
ff
aron C. Harp C
Assistant City Attorney
644 -3131
cc: Steve Badum, Public Works Director
David Lepo, Planning Director
Steve Hook, Chief Building Inspector
Matt Cosylion, Code and Water Quality Enforcement Officer
Marina Marrelli, Assistant Planner
Randy Okada, Engineering Technician
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IM
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-0F -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 installed at
grade and grouted.
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.
H
EXHIBIT G
M
B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and General
Services Department approvaL
1. Tree planting and removal.
2. Shrub planting and removal.
3. Median landscaping.
if, in the opinion of the General Services 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
encroadunent agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy U2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacing (standard or colored/ textured concrete or flat
stone /brick) installed at grade (subject to General Services 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
such that Council review is warranted, the Department may forward the
item to the Council for action.
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7. 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.
S. The placement of utility pedestals shall be at the back of sidewalks on
arterials and major pedestrian thoroughfares without zero setbacks. In
the commercial areas 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.
D. Private encroachments requiring an Encroachment Permit from the Public Works
Department and subject to the execution of an agreement for non- standard
improvements.
Structural encroachments not otherwise listed which do not exceed 3 feet
in height, including, but not limited to fences, waAs, 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 Lsland 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
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.
For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high above
sidewalk grade in conformance with Building and Planning
Code Regulations.
it. For patios constructed greater than 1' above sidewalk grade
elevation, Fences must be set back a minimum of 3' from
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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.
Raised Patios are permitted provided they have a maxim=
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.
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 Uniform Building Code under a valid building permit
issued by the City.
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I
F. Application for any permit as required by this polity 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 General Services 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 - February 14,1972
Amended - August 11, 1973
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 - August 14,1989
Amended - November 27,1989
Amended - December 9,1991
Amended - December 14,1992
Amended - July 12, 1"3
Amended - January 24,1994
Amended - May 9,1994
Amended - February 27,1995
Amended - February 26,1996
Amended - May 8, 2001
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