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HomeMy WebLinkAbout(1989, 02/13) - L-6 - Amended0 C g' 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 I 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. C 0 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