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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. L -10 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. L -10 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 i L -10 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. • IM01 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