HomeMy WebLinkAbout(1991, 07/08) - L-14 - AmendedL -14
OCEANFRONT ENCROACHMENT POLICY
The City Council has approved Amendment No. 23 to the Land Use Plan of the
Local Coastal Program, which established specific restrictions and
conditions on the installation of private improvements in the public right
of way along the oceanfront from the Santa Ana'River Channel to Channel
Road. Existing encroachments are located on a very small portion of the
sandy beach and do not impact any of the 89 ,street ends and other public
facilities which provide beach access tough oceanfront residential
communities. However, encroachments coul impact access to, and public
use of, the beach in the absence of an;/equitable and enforceable City
policy limiting the extent, size and nure of the encroachments. This
policy is intended to implement Ame dment No. 23 by establishing a
procedure for approval of permitted a croachments, removal of prohibited
encroachments, limiting the extent o encroachments, and clarification of
improvements permitted within each ncroachment zone.
A. Definitions.
1. For the /
be
e o this Section, the following words and
phrases e d fined as specified below:
a) Exa croachment shall mean any encroachment or
im installed or constructed before October 22,
19
b) Neroachment shall mean any encroachment or
imnt installed or constructed after October 22,
19(
c) Imnts or Encroachments shall mean any object or
thced by any person within any beachfront street
ri way or property owned by the City of Newport
d) croachment permit shall mean the permit issued by the
ublic Works Director authorizing the maintenance or
installation of encroachments or improvements within the
public right of way on the oceanside of beachfront
7 residences from the Santa Ana River to Channel Road, in
the City of Newport Beach.
B. Encroacli6ent Zones.
1. Lncroachments on the oceanside of any residential parcel
between the Santa Ana River and 52nd Street may be permitted
up to a maximum of fifteen feet into the adjacent unimproved
public right of way within an oceanward prolongation of the
property line.
21 Encroachments on the oceanside of any residential parcel
between 52nd Street and 36th Street may be permitted up to a
maximum of ten feet into the adjacent unimproved public right
of way within an oceanward prolongation of the property lines.
3. Encroachments on the oceanside of any residential parcel
between A Street and a point 250 feet southeast of E Street
may be permitted up to the oceanfront sidewalk (a maximum of
7 -1/2 feet), within an oceanward prolongation of the property
lines.
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OCEANFRONT ENCROACHMENT POLICY - Page 2
C. Prohibited Encroachments.
1. Encroachments are prohibited between 36th Street and A Street.
2. Encroachments are prohibited oceanward of any residential
parcel from a point 250 feet southeast of E Street to Channel
Road. Notwithstanding the foregoing, within the area between
250 feet southeast of E Street and Channel Road existing trees
subject to compliance with the City tree policy, and ground
cover such as iceplant, natural and indigenous plants, will be
permitted, are not considered to be an encroachment, and will
not require a permit. However, the City reserves the right to
control the type and extent of ground cover when necessary or
appropriate.
3. Any existing encroachment or existing improvements for which
no encroachment permit application has been filed on or before
September 30, 1991 .
4. Any new "encroachment or improvement installed after October
22, 1990,,for which no encroachment permit has been issued.
D. Permitted Encroachment /Improvements,
1. Patio slabs oxldecks no higher than six inches above grade or
the finished flRor grade of the adjacent residence, whichever
is lower. Minor dimensional tolerances for existing slabs and
decks only may be. approved by the Public Works Director on an
individual basis then consistent with the intent of this
policy. Determination of grade will be made as provided in
Section J. `
2. Walls and /or fences lest than 36 inches in height above grade
or the finished floor' grade of the existing residence,
whichever is lower. Minor dimensional tolerances (not to
exceed 3 inches maximum) fax existing walls or fences only may
be approved by the Public, Works Director on an individual
basis when consistent with the intent of this policy.
3. Nonpressurized irrigation lines and valves.
E. Prohibited Improvements.
1. Any structural, electrical, plumbing or other improvements
which require issuance of a building permit.
2. Pressurized irrigation lines and valves.
3. Any object which exceeds 36 inches in height.
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OCEANFRONT ENCROACHMENT POLICY - Page 3
F. Permit Process.
An encroachment permit shall be required for all permitted
improvements. The application for an encroachment permit
shall be filed with the Public Works Department on a form
provided by the city. The application shall be signed by the
owner of the property, or an agent of the owner if written
authorization is filed with the aF lication designating the
agent with power of attorney to act for the owner with respect
to the property involved. The application shall be
accompanied by a site plan and a%levations, drawn to scale and
fully dimensioned, which acQ6rately depict the location,
height, nature and extent oV all proposed improvements and
objects within the encroachment zone. Applications with
incomplete information and /,6r inadequate drawings will not be
accepted.
2. Applications for existi9A encroachments must be filed on or
before September 30, 199. Applications for new encroachments
may be filed at the di,-,&retion of the property owner. No new
encroachments or improvements shall be installed without an
encroachment permit.,'
3. Upon receipt of thq' application, the Public Works Director
shall, within fifteen (15) days after the date of filing,
determine if the application is complete or if additional
information is necessary or appropriate to an evaluation of
the application.- 4.
A notice requesting additional information shall be sent to
the property owner within thirty (30) days after the
application is filed.
5. With respect to applications for existing encroachments, an
inspection shall be conducted of all improvements within the
encroachment zone. With respect to applications for new
encroachments, an on site inspection is discretionary.
6. The Public Works Director shall approve the permit upon a
determination that the encroachments proposed to be
constructed, or to remain, are permitted by this policy, the
applicant has agreed to abide by all of the terms and
conditions imposed on the permit, and the applicant has paid
all fees required by this policy.
7. The Public Works Director shall have the authority to
condition his/her approval of the encroachment permit as
necessary or appropriate to insure compliance with the
provisions of this policy. The Public Works Director shall
have the specific authority to condition approval of an
encroachment permit on the removal of nonconforming
improvements within a specified period of time.
8. The Public Works Director shall notify the applicant of
his/her decision within sixty (60) days after the application
is filed and the decision of the Public Works Director shall
be final,
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OCEANFRONT ENCROACHMENT POLICY - Page 4
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Term.
1. Except as provided in this Section, encroachment permits shall
expire on June 30 of each calendar year.
Renewal.
1. Application for renewal shall be submitted on or before June
1. The application shall be submitted on a form supplied by
the City of Newport Beach. The application shall be
accompanied by the annual fee required by this policy.
2. The Public Works Director shall approve the application for
renewal if:
a) The applicant has complied with all standard and special
conditions of approval;
b) The applicant has constructed only those improvements
and encroachments authorized by the permit;
c) The applicant is in compliance with all of the
provisions of this policy.
Standard Conditions.
1. The Public Works Director shall impose standard conditions of
approval on all encroachment permits. These standard
conditions shall include, without limitation, the following:
a) The obligation of permittee to comply with all of the
provisions of this policy and all conditions imposed
upon the permit.
b) The right of 4he Public Works Director to revoke any
permit after notice and hearing if the permittee is in
violation of this policy or conditions to the permit.
c) The right of the City to summarily abate encroachments
or improvements which are prohibited by this policy or
conditions on the permit upon ten (10) days notice.
d) The obligation of permittee to pay all costs incurred by
the City in summarily abating any prohibited
improvement.
e) The obligation of permittee to defend, indemnify and
hold the City and its employees harmless from and
against any loss or damage arising from the use or
existence of the improvements or encroachment.
f) Permittee's waiver of any right to contest the City's
right, title and interest to the public right of way or
property on which the encroachments or improvements are
installed.
g) The right of the Public Works Director or his designee
to inspect improvements within the encroachment zone
without notice to the permittee.
OCEANFRONT ENCROACHMENT POLICY - Page 5
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h) The right of the City to cancel or modify any or all
encroachment permits upon a determination that all or a
portion of the public right of way or property on which
the encroachments or improvements are installed is
necessary for public use:and /or improvement or, in the
alternative, that cancellation of modification is deemed
to be in the public interest by the City Council.
2. The construction of any seawall, revetment or other erosion
control devices, if necessary, shall occur on private property
or as close to the property line as feasible. Seawalls shall
not be installed oceanward of private property simply to
protect private development in the encroachment zone.
3. The Public Works Director may impose additional standard
conditions necessary or appropriate to insure compliance with,
or facilitate City administration of this policy.
J. Determination of Grade.
1. The nature of the beach makes a precise determination of grade
difficult. The level of the sand changes with wind, storm,
and tidal conditions. The Public Works Director shall
determine the level from which the height of encroachments and
improvements is to be measured. In making this determination,
the Public Works Director shall consider the following
criteria:
a) The existing grade in the area;
b) Finish floor grade of the adjacent residence;
c) The elevation of existing encroachments on site and on
adjacent properties;
d) Any data on the historic elevation of the beach in that
area.
K. Annual Fee.
1. The following fees shall be paid annually as a condition of
the issuance of encroachment permits:
Depth of Encroachment Annual Fee
0 - 2 1/2 feet $100.00 per year
2 1/2 - 5 feet $200.00 per year
5 - 7 1/2 feet $300.00 per year
7 1/2 - 10 feet $400.00 per year
10 - 15 feet $600.00 per year
Note: For purposes of determining fees, the average depth of
the encroachment shall be used. However the maximum
depth shall not exceed the limitations specified in
Section B "Encroachment Zones." For existingencroachmentsg
depthonlya tolerance not to exceed
inches may be allowed in computing depth for purposes of
calculating fees.
OCEANFRONT ENCROACHMENT POLICY - 6
L -14 •
The annual fee shall be increased or decreased to reflect
changes in the Consumer Price Index. The annual fee shall be
due and payable upon submittal of the application for the
initial encroachment permit. Renewal fees shall be due June
1 of each year. The fee shall be considered delinquent thirty
30) days thereafter. Delinquent fees will be subject to a
ten percent (108) penalty for the first month (or a portion
thereof) plus a five percent (58) additional penalty each
successive month (or a portion thereof).
i
3. The annua
administra i
ends along t
public acce
five (858) p
implement th,
to the Land
See Section
L. Violations/Remedy.
fee shall be used to defray City costs of
n, incidental costs of improvements on street
he oceanfront, and incidental costs to enhance
and use of the ocean beaches. At least eighty -
rcent of the fees shall be used by the City to
mitigation plan as required by Amendment No. 23
se Plan of the City's Local Coastal Program.
The City shall, In addition to any right or remedy provided by
law, have the riAbt to do any or all of the following in the
event a permittee,. is in violation of the provisions of this
policy or any conA tion to the permit, or any encroachment or
improvement violatks the provisions of this policy:
a) Revoke the permit after giving the permittee notice and
an opportunity, to be heard upon a determination that •
there is substantial evidence to support a violation of
this policy. Ae Public Works Director shall establish
the specific Vrocedures designed to insure that
permittee recei s due process of law.
b) Summarily abated any encroachment or improvement
violative of this \policy after giving the permittee or
property owner tel, (10) days written notice of its
intention to do Ao in the event the permittee or
property owner faias to remove the encroachment or
improvement. The permittee or property owner shall pay
all costs incurred b$ the City in summarily abating the
encroachment or improvement. The determination of the
Public Works Director With respect to abatement shall be
final.
M. Amendment No. 23 Land Use Plan of Local Coastal Program Mitigation
Plan.
To mitigate any impact on beach access resulting from the
encroachments, the City shall:
1. Reconstruct thirty -three unimproved street ends between 36th
Street and Summit to provide additional parking and approved
access in accordance with the following:
a) The reconstruction shall provide a minimum of two
parking spaces per street end and shall proceed in
substantial conformance with the standard drawing,
attached as exhibit "A." •
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OCEANFRONT ENCROACHMENT POLICY - Page 7
b) The City shall use at least eighty -five percent (85 %) of
the fees to fund reconstruction of street ends until all
have been improved. The City will use its best efforts
to improve three or more street ends per year (except
during the year when vertical handicapped access is
constructed), and anticipates that funding will be
adequate to do so.
c) West Newport street -end p rking spaces shall be metered
in the same manner as thoWest Newport Park in order to
encourage public use of the spaces.
Within three years after Council approval of this Resolution,
City shall construct a hard Surface walkway perpendicular to
Seashore Drive at Orange Avenue. The walkway shall extend
oceanward a sufficient distance to allow a view of the
surfline by an individual seated in a wheelchair. At least
one handicapped parking space shall be designated at the
Orange Avenue street end. City shall designate at least one
other handicapped space at one of the first three street ends
improved.
Subsequent to the reconstruction of all West Newport street
ends, at least eighty -five percent (85 %) of the fees generated
by encroachments will be used for the construction of
improvements which directly benefit the beach going public
such as parking spaces, rest rooms, vertical or lateral
walkways along the beach and similar projects.
Exhibit "A" (attached]
Adopted - November 26, 1990
Amended - July 8, 1991 (Resolution 91 -80)
PUBLIC BEACH RRER -
IA
DRIVE APPROACH
RCONCRETE)
STREET PAVEMENT
ASPHALT)
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40 LOCATIONS VARY FROM 55' TO 90' SEHSHORE DRIVE
14 LOCATIONS @ 75'
R
I in
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MY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
TYPICAL 75 FEET
EXHIBIT R
DESIGNED FTSTREETENDS (DRAFT) JW DRAWN
CHECKED JW DATE 1129191
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DRIVE APPROACH
RCONCRETE)
STREET PAVEMENT
ASPHALT)
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40 LOCATIONS VARY FROM 55' TO 90' SEHSHORE DRIVE
14 LOCATIONS @ 75'
R
I in
I
MY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
TYPICAL 75 FEET
EXHIBIT R
DESIGNED FTSTREETENDS (DRAFT) JW DRAWN
CHECKED JW DATE 1129191
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