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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. L -14 • 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. L -14 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, I 1 OCEANFRONT ENCROACHMENT POLICY - Page 4 C s I L -14 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 L -14 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." • L -14 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) I 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 ti r-------- - - - - -- LAJm I crIENCROACHEDAREA Q REDUCED SCALE 1 V DRIVEWAY EMERGENCY VEHICLE ACCESS (CONCRETE) 30' 5' 20' S' V. CD w o dtn OVouI1- O = I qL-jj ISIDEWALK (CONCRETE) — m n I o= w IA DRIVE APPROACH RCONCRETE) STREET PAVEMENT ASPHALT) I 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 ti