HomeMy WebLinkAbout(1993, 07/12) - L-6 - AmendedPRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
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; and that the rights of the
public, present and future, are not to be diminished by the installation
of private improvements within the public rights -of -way.
Categories of private encroachments and improvements are listed below,
together with the permit requirement for each category.
A. Private encroachments prohibited:
1. Structural encroachments not otherwise listed; including, but
not limited to, fences, walls, patios, raised planters, etc.,
which encroach in excess of 1 foot into the public
right -of -way, or exceed 3 feet in height, measured from the
top of curb elevation /or from sidewalk elevation where
sidewalk exists.
2. Driveway approaches not conforming to Council Policy L -2.
3. Ocean front street end, or Bay front street end improvements
not conforming to Council Policy L -10.
4. Ocean front alley end improvements not conforming to Council
Policy L -10.
5. Modifications to original design concepts approved by the
City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
8. Parkway surfacing of loose rock, gravel, or any surfacing
other than standard or colored /textured concrete or flat
stone/brick installed at grade.
9. Private dwellings and appendages including raised patios and
decks, except as provided for in the Building Code.
10. Pay telephones.
B. Private encroachments requiring a permit from the Parks, Beaches and
Recreation Department:
1. Tree planting and removal.
2. Shrub planting and removal.
3. Ocean front and Bay street end improvements defined in Council
Policies I -12 and I -1, respectively.
4. Ocean front alley improvements defined in Council Policy I -15.
5. Median landscaping.
If, in the opinion of the Parks, Beaches and Recreation Department, the
approved planting is not being maintained for view and safety clearance,
Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be
used to remove offending plant material.
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C. Private encroachments requiring a permit from the Public Works
Department:
1. Drive approaches conforming to Council Policy L -2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacin (standard or colored /textured concrete or
flat stone/brick installed at grade (subject to Parks,
Beaches and Recreation Department review for tree well
location).
5. CATV and public utility facilities.
6. Structural encroachments not otherwise listed; including, but
not limited to, fences, walls, patios, raised planters, etc.,
which encroach 1 foot or less into the public right -of -way.
If, however, in the opinion of the Public Works Department,
the nature or location of this type of encroachment is such
that Council review is warranted, the Department may forward
the item to the Council for action.
7. Mailboxes, when required by the U.S. Postal Service.
D. Private encroachments requiring an Encroachment Permit from the •
Public Works Department and subject to the execution of an agreement
for non - standard improvements:
1. Structural encroachments not otherwise listed which do not
exceed 3 feet in height, including, but not limited to fences,
walls, and raised planters in public rights -of -way in areas
that are more than 8 feet behind the face of curbs on the
following streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
b. Broad Street from Santa Ana Avenue to Redlands Avenue.
2. Fences of open type construction which do not exceed 3 feet in
height and which are located at least 2' -6" behind the back of
the public sidewalk on the following public ways:
a. South Bay Front
b. North Bay Front
3. Structural encroachments not otherwise listed which do not
exceed three (3) feet in height, including, but not limited to
fences, walls, patios and raised planters in public rights -of-
ways in areas that are five (5) feet behind the face of curb
on the following streets:
a. Southerly side of West Bay Avenue between 8th Street and
15th Street.
Pi
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PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY - Page 3
If, in the opinion of the Public Works Department, the nature or location
of this type of encroachment is such that Council review is warranted, the
Department may forward the application to the City Council for original
action.
The City Manager is authorized to execute, on behalf of the City,
agreements for non - standard improvements which are entered into pursuant
to this section.
E. Private encroachments not requiring a permit:
Parkway lawn and ground cover.
Parkway sprinkling systems.
Use of public streets and projections over public property
which are covered by the Uniform Building Code under a valid
building permit issued by the City.
Application for any permit as required by this policy shall be filed
with the Public Works Department on a form to be provided by the
City and shall show the proposed planting or work and the nature
thereof. If the application is 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, Beaches and Recreation
Department. Drawings for encroachment permits requiring City
Council review shall be prepared to scale. Plan and elevation
drawings shall accurately depict location, height, and extent of the
proposed encroachments. No building permit shall be issued on a
parcel whose access requires City Council review for an encroachment
permit on public property, until said encroachment permit has been
issued.
G. Variances from the strict application of this policy shall not be
granted unless individual circumstances indicate that approval will
be consistent with the public interest.
Adopted August 25, 1969
Amended February 14, 1972
Amended August 11, 1975
Amended February 9, 1981
Amended November 23, 1981
Amended October 27, 1986
Amended January 26, 1987
Amended July 13, 1987
Amended February 13, 1989
Amended August 14, 1989
Amended November 27, 1989
Amended December 9, 1991
Amended December 14, 1992
Amended July 12, 1993