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HomeMy WebLinkAbout21 - Encroachments IssuesAgenda Item No. 21 September 25, 2012 Encroachment Issues CITY COUNCIL STUDY SESSION SEPTEMBER 25, 2012 Encroachments ioi • Defined as: o Temporary or permanent use or improvement of public property • MC 13.20 sets rules for utilities using public right of way. • Council Policies L -6 & L -12 set rules for residents using adjacent public right of way and property. 1 Three Types of Private Encroachments • Standard parkway encroachments: curb, sidewalk, carriage walks, driveways, turf, groundcover, irrigation; requires standard permit for installation of hardscape only. • Non — standard parkway encroachments: decorative sidewalk, pavers, planters, fences, etc.; requires an Encroachment Agreement that binds property owner for maintenance and liability for improvements. • Exclusive use permits: Allows exclusive use for a fee such as the Oceanfront Encroachment Permit (West Newport Beach) Current Implementation Program • New construction; conformance with Policy through building plan check process Major Remodel; existing property must be brought to current policy. Complaints; handled by PW staff and code enforcement. Current Issues • Ongoing issues with unpermitted parkway encroachments, some in place for years. • Current staffing levels do not allow proactive review and enforcement (and doing so may not be desired). • Revising current encroachment policy to simplify and streamline is on staffs To Do list. • Ongoing issues with Peninsula Point oceanfront encroachments — working with CCC. • Emerging exclusive issues with Newport Shores, Buck Gully, and other areas. Newport Shorc Potential Alternatives Status Quo — staff working through issues as they arise. • Direct staff to prepare a study that identifies exclusive use problem areas and sets priorities for review at a future Council Study Session (January 2013 ?) • Or........?