HomeMy WebLinkAbout(1992, 09/28) - 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 through oceanfront residential
communities. However, encroachments could impact access to, and public
use of, the beach in the absence of an equitable and enforceable City
policy limiting the extent, size and nature of the encroachments. This
policy is intended to implement Amendment No. 23 by establishing a
procedure for approval of permitted encroachments, removal of prohibited
encroachments, limiting the extent of encroachments, and clarification of
improvements permitted within each encroachment zone.
A. Definitions.
For the purpose of this Section, the following words and
phrases shall be defined as specified below:
a) Existing encroachment shall mean any encroachment or
improvement installed or constructed before May 31,
1992.
b) New encroachment shall mean any encroachment or
improvement installed or constructed after May 31, 1992.
c) Improvements or Encroachments shall mean any object or
thing:
i) within or oceanward of any encroachment zone
described in this policy;
ii) within or oceanward of the north edge of the
Oceanfront Boardwalk, between 36th Street and A
Street; or
iii) oceanward of any residential parcel from a point
250 feet southeast of E Street to Channel Road.
d) Encroachment permit shall mean the permit issued by the
Public Works Director authorizing the maintenance or
installation of encroachments or improvements within the
encroachment zones described in this policy.
e) Application shall mean any application for an
encroachment permit pursuant to the provisions of this
policy and the land use plan of the local coastal
program.
f) Oceanfront Boardwalk, Oceanfront Walk, or sidewalk,
shall mean the concrete walkway along the oceanside of
ocean front residential properties between 36th Street
and a point approximately 250 feet southeast of E
Street.
OCEANFRONT
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ENCROACBISENT POLICY - Page 2
B. Encroachment Zones - Subject to compliance with the provisions of
this policy:
1. The owner of any ocean front residential parcel between the
Santa Ana River and 52nd Street may install improvements on
the oceanside of the parcel up to a maximum of 15 feet
oceanward of the private property line and within an oceanward
prolongation of the property lines on the side of the parcel.
2. The owner of any oceanfront residential parcel between 52nd
Street and 36th Street may install improvements on the ocean
side of the parcel up to a maximum of 10 feet oceanward of the
private property line and within an oceanward prolongation of
the property lines on the side of the parcel.
3. The owner of any oceanfront residential parcel between A
Street and a point 250 feet southeast of E Streety install
improvements up to the sidewalk and within an oceanward
prolongation of the property lines on the side of the parcel.
C. Prohibited Encroachments.
Encroachments and improvements are prohibited oceanward of
private property between 36th Street and A Street provided,
however, the northerly edge of Oceanfront Boardwalk in this
area is not always coincident with the oceanward private
property line and improvements northerly of the north edge of
the sidewalk are not considered encroachments or prohibited by
this policy. •
Encroachments and improvements are prohibited oceanward of any
ocean front parcel from a point 250 feet southeast of E Street
to Channel Road, provided existing trees which have been
planted and maintained in conformance with City Council
policy, and ground cover such as iceplant or indigenous plants
are not considered to be an encroachment, and will not require
a permit pursuant to this policy, but the City reserves the
right to remove, trim or otherwise, control the type and
extent of any such landscaping.
Any existing encroachment or improvement for which no
application has been filed on or before May 31, 1992, and any
new encroachment or improvement for which no application is
filed prior to installation is prohibited.
4. Any new or existing encroachment or improvement which, on or
after July 1, 1992, is not in conformance with this policy is
prohibited.
5. Any new or existing encroachment or improvement for which no
permit has been issued, a permit has been issued and then
revoked, or a permit has been issued but has expired is
prohibited,
D. Permitted Encroachment /Improvements - Subject to compliance with the
provisions of this policy, the following improvements are permitted
within the encroachment zones described in subsection B:
Patio slabs or decks no higher than six inches above grade or
Isfinishedfloorgradeoftheadjacentresidence. The Public
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OCEANFRONT HNCROACMMII?NT POLICY - Page 3
Works Director may approve minor dimensional tolerances for
patio slabs and decks only upon a finding that the improvement
is consistent with the spirit and intent of this policy and
the cost of strict compliance is disproportionate to the
extent of the nonconformity. Determination of grade will be
made as provided in Section J.
Walls and /or fences less than 36 inches in height above grade
or the finished floor grade of the existing residence. The
Public Works Director may approve minor dimensional tolerances
for walls and /or fences upon a finding that the improvement is
consistent with the spirit and intent of this policy and the
cost of strict compliance is disproportionate to the extent of
the nonconformity. Determination of grade will be made as
provided in Section J.
3. Existing improvements which were constructed in conjunction
with development for which a building permit was issued may be
approved by the Public Works Director upon a finding that the
improvement is consistent with the spirit and intent of this
policy and the cost of strict compliance is disproportionate
to the extent of the nonconformity.
4. In no event shall the Public Works Director approve a permit
for an encroachment or improvement that varies more than 12
inches from the horizontal dimensional standards of this
policy.
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, exclusive of the
following:
a) trees planted by the City of Newport Beach or private
parties pursuant to written policy of the City Council
of the City of Newport Beach; or
b) any landscaping or vegetation within the encroachment
zone described in B(3), subject to the following:
i) The vegetation or landscaping was installed prior
to the first effective date of this policy;
ii) The vegetation or landscaping does not block
views from adjoining property;
iii) The vegetation or landscaping does not function
as screen planting as defined in Title 20 of the
Newport Beach Municipal Code; and
iv) The vegetation or landscaping does not impair or
affect the health, safety or welfare of persons
using the oceanfront Walk, nearby property
owners, or residents of the area.
OCEANFRONT gNC &OACHISHNT ppLlCy - Page 4
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Notwithstanding the provisions of this Subparagraph, the City reserves the
right to reduce the height of any existing landscaping at any time, uponadeterminationbythePublicWorksDirector, and after notice to the
owner of property on which the vegetation or landscaping exists, that a
reduction in height is necessary or appropriate given the purposes of this
policy.
F. Permit Process.
An encroachment permit shall be required for all permitted
improvements. The application 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 the application is accompanied by a
document, signed by the owner, granting the agent the power to
act for the owner with respect to the property. The
application shall be accompanied by a site plan, drawn to
scale and fully dimensioned, which accurately depicts the
location, height, nature and extent of all proposed
improvements and objects within the encroachment zone.
Applications with incomplete information and /or inadequate
drawings will not be accepted.
Applications for existing encroachments must be filed on or
before May 31, 1992. Applications for new encroachments shall
be filed before any encroachment or improvement is installed.
No new encroachments or improvements shall be installed
without an encroachment permit.
Upon receipt of the 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. In the event the application is incomplete
or additional information is necessary, written notice to that
effect shall be sent to the property owner within twenty (20)
days after the application is filed.
With respect to applications for existing encroachments, an
inspection shall be conducted of all improvements within the
encroachment zone before a permit is issued by the PublicWorksDirector. With respect to applications for new
encroachments, an on site inspection will be conducted after
installation of the improvements to insure conformity with
provisions of the permit and this policy.
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.
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.
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OCEANFRONT ENCROACHMENT POLICY - page 5
7. 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.
G. Term.
1. Except as provided in this Section, encroachment permits shall
expire on June 30 of each calendar year.
2. Encroachment permits issued prior to June 30, 1992, shall
expire June 30, 1993.
H. Renewal.
1. Application for renewal shall be submitted on or before
May 31. 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.
I. 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 the 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) day's written
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.
OCEANFRONT ENCROACBKBNT POLICY - 6
J
K.
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f) Permittee's waiver of any right to contest the City's
street and public access easement over property within
or oceanward of the encroachment zones.
g) The right of the Public Works Director or his designee
to inspect improvements within the encroachment zone
without notice to the permittee.
h) The right of the City to cancel or modify any, or all,
encroachment permit(s) upon a determination by the City
Council to construct a public facility or improvement
within or adjacent to the encroachment zone.
2. The construction of any seawall, revetment or other device
necessary to control erosion, shall occur as close to private
property as feasible. Erosion control devices shall not be
placed or installed closer to the ocean to protect
improvements or encroachments.
3. The Public Works Director may impose additional standard
conditions necessary or appropriate to insure compliance with,
or facilitate City administration of this policy.
Determination of Grade.
r
u
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) Finished floor elevation or 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.
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 •
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OCEANFRONT ENCROACHMENT POLICY - Page 7
2. 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. A dimensional tolerance not to exceed 12
inches may be allowed in determining the appropriate fee
to be paid by persons with existing encroachments.
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 May 31
of each year. The fee shall be considered delinquent thirty
30) days thereafter. Delinquent fees will be subject to a
ten percent (10 %) penalty for the first month (or a portion
thereof) plus a five percent (5 %) additional penalty each
successive month (or a portion thereof).
The annual fee shall be used to defray City costs of
administration, incidental costs of improvements on street
ends along the oceanfront, and incidental costs to enhance
public access and use of the ocean beaches. At least eighty -
five (85 %) percent of the fees shall be used by the City to
implement the mitigation plan as required by Amendment No. 23
to the Land Use Plan of the City's Local Coastal Program.
See Section M.)
L. Violations/Remedy.
1. The City shall, in addition to any right or remedy provided by
law, have the right to do any or all of the following in the
event a permittee is in violation of the provisions of this
policy or any condition to the permit, or any encroachment or
improvement violates 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. The Public Works Director shall establish
the specific procedures designed to insure that
permittee receives due process of law.
b) Summarily abate any encroachment or improvement
violative of this policy after giving the permittee or
property owner ten (10) day's written notice of its
intention to do so in the event the permittee or
property owner fails to remove the encroachment or
improvement. The permittee or property owner shall pay
all costs incurred by 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:
Oceanfront Encroachment Policy - Page
a) The reconstruction
parking spaces per
substantial conforn
attached as exhibit
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8 •
shall provide a minimum of two
street end and shall proceed in
3ance with the standard drawing,
A."
b) The City shall use at least eighty -five percent (858) 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 parking spaces shall be metered
in the same manner as the West 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 (858) 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)
Amended - March 9, 1992
Amended - September 28, 1992
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