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Home My WebLink About(1990, 11/26) - L-14 - Adopted - combining I-15 & L-14 into L-14 - partialL -14 OCEANFRONT ENCROACHMENT POLICY - Page 3 2. Pressurized irrigation lines and valves. 3. Any object which exceeds 36 inches in height. F. PERMIT PROCESS 1. 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 application. The application shall be accompanied by a site plan and elevations, drawn to scale and fully dimensioned, which accurately depict the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. Applications with incgmplete information and /or inadequate drawings will not be a(ccepted. 3. 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. 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. 2. Applications for existing encroachments must be filed on or before April 30, 1991. Applications for new encroachments may be filed at the discretion of the property owner. No new encroachments or improvements shall be installed without an encroachment permit. 3. 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. 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. L -14 OCEANFRONT ENCROACHMENT POLICY - Page 4 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. S. 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. Permits issued prior to Jun@ 30, 1991 for existing encroachments or new encroachments shall expire June 30, 1992. f1 H. RENEWAL 1. Application for renewal shalY be submitted on or before June 1. The application shall betsubmitted on a form supplied by the City of Newport Beach. The application shall be accompanied by the annual "Pe required by this policy. f 2. The Public Works Director shall approve the application for renewal if: a) The applicant has mplied with all standard and special conditions of aoo oval: b) The applicant h# constructed only those improvements and encroachmeniB 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. L -14 OCEANFRONT ENCROACHMENT POLICY - Page 5 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) 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 improvement& 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 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 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 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: L -14 • OCEANFRONT ENCROACHMENT POLICY - Page 6 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. A six hundred dollar ($600) per year fee shall be imposed for encroachments allowed by this policy between the Santa Ana River and 36th Street. 2. A three hundred dollar ($300) per year fee shall be imposed for encroachments allowed:by this policy between A Street and a point 250 feet southeast of E Street. 3. The annual fee shall b$ 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. Xhe 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 (58) additional penalty each successive montH (or a portion thereof). 4. The annual fee shill be used to defray City costs of administration, incidental costs of improvements on street ends along the oce4knfront, and incidental costs to enhance public access and use of the ocean beaches. 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. OCEANFRONT ENCROACHMENT POLICY - Page T L -14 b) Summarily abate any encroachment or improvement violative of this policy after giving the permittee or property owner ten (10) days written notice of its intention to do so in the even 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. M. City reserves the right to delay administration or implementation of this policy until Coastal Commission review of, and a decision on, Amendment No. 23. Adopted - November 26, 2990