HomeMy WebLinkAbout(1982, 11/08) - L-10 - Amendedis l
1. GENERAL
PRIVATE ENCROACHMENTS IN PUBLIC WAYS
ENDING AT OCEAN FRONT OR AT NEWPORT BAY
L -10
It is the general policy of the City that streets, alleys and other
public ways ending at 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 circum-
stances are:
1. The improvements do naf create an impression in the
mind of the average member of the public that any
portion of the public way is private property.
2. The improvements d0 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 con-
forming 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 Ocean Front.
II. TYPES OF PRIVATE ENCROACHMENTS
A. Private encroachments requiring prior approval of the City Council
and a permit 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.
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, or brick installed at grade.
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS •
ENDING AT OCEAN FRONT OR AT NEWPORT BAY - Page 2
B. Private encroachments requiring prior written approval of the
Parks, Beaches, and Recreation Department:
1. Bay Front street ends.
a. Bay Street ends at beach level fray contain two -
foot -wide planting areas boundfd by redwood or
concrete strips and containing hedges no more
than two feet in height. The planting areas may
be installed:
i
1) at each side of the prolongation of the
street end extending no;more than 15 feet
from the end of the paved street.
2) at the end of the paved street, except
that a 12- foot -wide opening must be left
for City emergency and maintenance equip-
ment to enter the beach area.
b. Bay Street ends where tidal flow prevents standard .
installation may be landscaped, subject to the
prior approval by the City of specific plans pre-
pared by the applicant. Access to beach areas must
be provided for in any $uch 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. 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.
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS
ENDING AT OCEAN FRONT OR AT NEWPORT BAY - Page 3
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 surfacAng approved by the
City.
1) Portland Cement ConczAte. Six inches over
compacted native ma erial.
2) Asphalt Concrete./ Two and one -half inches
of asphalt concrete over a six -inch -thick
aggregate base.;
3) Brick. Brick nstalled over four inches of
imported aggrate base. A dry mix of one -
to -one
cemen and clean plaster sand to be
swept into e 1/4" to 1/2" space between
bricks. Th¢ 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.
g. Special provisions will be made in the design when
garage iccess is required from street ends.
h. Where' unusually large quantities of sand exist in a
street -end area, the City will assist the adjacent
ownefs by moving the same to an area determined by
the;City.
3. Unimpyoved alleys that end at Ocean Front may be improved
underlthe following conditions:
1
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS •
ENDING AT OCEAN FRONT OR AT NEWPORT BAY - Page 4
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 or 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 maintaine('for pedestrian access.
d. Where vehicles or pedestriaias will travel, alleys may
be surfaced with brick, asphalt, concrete or equiva-
lent surfacing.
e. Improvements will extend from the nearest street or
alley improvement to thelhortherly line of the ocean
front.
4. If, in the opinion of the Parks, Beaches, and Recreation
Department, the location a nature of this type of
encroachment is such that leview by the Parks, Beaches
and Recreation Commission fs warranted, the Department
may forward the applicatiqh to the Commission for review.
D. Private encroachments requiri g a permit from the Public Works
Department:
1. Standard drive
approaches. 2. Standard curbs, gutters, sidewalks, and street pavement.
3. Carriage walks and parkw* 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 onto the Council for action.
E. Private encroachments not requiring a permit:
None. •
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS
ENDING AT OCEAN FRONT OR AT NEWPORT BAY - Page S
III. APPLICATION PROCEDURE
All applications for permits to construct private encroachments
under this policy shall be made to the Public Works Department.
IV. INSTALLATION
All improvements made under the provision of this policy shall be
paid for by the owners of adjacent property.
V. MAINTENANCE
All improvements made under the provisions of this policy shall be
maintained by and at the expense of the owners of adjacent property.
VI. 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 permittees 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.
C
Adopted - August 24, 1981
Amended - November 8, 1982