HomeMy WebLinkAbout(1989, 02/13) - L-6 - Amended0
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L -6
It is the general policy of the City that the public rights -of -way are to
be reserved for public use or open space; an that the rights of the
public, present and future, are not to be diminished by the installation of
private improvements within the public ri is -of -way.
Categories of private encroachments and improvements are listed below,
together with the permit requirement f# each category.
A. Private encroachments prohibit
1. Structural encroachments of otherwise listed; including, but not
limited to, fences, wal , patios, raised planters, etc., which
encroach in excess of 1 foot into the public right -of -way, or
exceed 3 feet in heigh , measured from the top of curb
elevation /or from aid walk elevation where sidewalk exists.
2. Driveway approaches /not conforming to Council Policy L -2.
3. Ocean front or Bay /street end improvements not conforming to
Council Policies 12 and I -1, respectively.
4. Ocean front alle improvements not conforming to Council Policy
I -15.
5. Modifications /o original design concepts approved by the City.
6. Private signs/except as provided for in the Building Code.
7. Lighting.
8. Parkway sutfacing of loose rock, gravel, or any surfacing other
than stan rd P.C. concrete or brick installed at grade.
9. Private ellings and appendages including raised patios and
decks, a cept as provided for in the Building Code.
B. Private encr achments requiring a permit from the Parks, Beaches and
Recreation epartment:
1. Tree dlantine and removal.
2. Shrub` planting and removal.
3. Ocean front and Bay street end improvements defined in Council
Po cies I -12 and I -1, respectively.
L -6
PRIVATE ENCROAdHMENTS IN PUBLIC RIGHTS -OF WAY - 2
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4. Oceanfront alley improvements defined in Council Policy I -15.
5. Median landscaping.
If, in the opinion of.the Parks, Beaches and Recreation Department, the
approved plantinis not being maintained for view and safety clearance,
Chapter 10.50, " blic Nuisance Abatement," of the Municipal Code shall be
used to remove of ending plant material.
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Private encroachments requiring a permit from the Public Works
Department:
Standard dive approaches.
2. Standard sidewalks.
3. Carriage walk
4. Standard P.C. \
wa
ete or brick parkway surfacing at grade
subject to PBeaches and Recreation Department review for
tree well loc.
5. CATV and publ ity facilities.
6. Structural en me is not otherwise listed; including, but not
limited to, f, wa Is, patios, raised planters, etc., which
encroach 1 foless into the public right -of -way. If,
however, in tnion f the Public Works Department, the
nature or locof thi type of encroachment is such that
Council reviearrante , the Department may forward the item
to the Counciaction.
7. Mailboxes, when required by
Private encroachments requiring an
Works Department and subject to the
non - standard improvements:
U.S. Postal Service.
hment Permit from the Public
ion of an agreement for
1. Structural encroachments not otherw se listed which do not exceed
3 feet in height, including, but not limited to fences, walls,
and raised planters in public rights- f -way in areas that are
more than 8 feet behind the face of cu bs on the following
streets:
a. Santa Ana Avenue from Cliff Drive t Fifteenth Street.
b. Broad Street from Santa Ana Avenue t17dlands Avenue. •
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY - 3
2. Fences of open type construction which do not xceed 3 feet in
height and which are located at least 2' -6" hind the back of
the public sidewalk on the following public ays:
a. South Bay Front /
b. North Bay Front
If, in the opinion of the Public Works Departme t, the nature or location
of this type of encroachment is such that Co u it review is warranted, the
Department may forward the application to th City Council for original
action.
The City Manager is authorized to execute on behalf of the City,
agreements for non - standard improvements hich are entered into pursuant to
this section.
E. Private encroachments not requiring a permit:
1. Parkway lawn and ground c?ver.
2. Parkway sprinkling syst7LL.
3. Use of public streets nd projections over public property which
are covered by the Un form Building Code under a valid building
permit issued by the City.
F. Application for any per it as required by this policy shall be filed
with the Public Works epartment on a form to be provided by the City
and shall show the pr posed planting or work and the nature thereof.
If the application i for a permit required under Section A, it shall
be forwarded to the City Clerk for submission to the City Council. If
the application is for a permit under Section B, it shall be processed
by the Parks, Bea es and Recreation Department. Drawings for
encroachment pe is requiring City Council review shall be prepared
to scale. Plan nd elevation drawings shall accurately depict
location, heig , and extent of the proposed encroachments. No
building perm shall be issued on a parcel whose access requires City
Council revie for an encroachment permit on public property, until
said encroac ent permit has been issued.
G. Variances rom the strict application of this policy shall not be
granted u less individual circumstances indicate that approval will be
consiste t with the public interest.
Adopted - A gust 25, 1969 Amended - October 27, 1986
Amended - bruary 14, 1972 Amended - January 26, 1987
Amended - August 11, 1975 Amended - July 13, 1987
Amended ,/February 9, 1981 Amended - February 13, 1989
Amended - November 23, 1981