HomeMy WebLinkAbout(1987, 07/13) - L-6 - Amendedf '
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
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 imp%ovements within the public rights -of -way.
Categories of private encroachments and improvements are listed below,
together with the permit requirement for each category. Encroachments
listed under Category A (Council approval required) will not be approved
unless individual circumstances indicate that approval will be consistent
with the public interest.
A. Private encroachments requiring prior Council approval and a permit
from the Public Works Department:
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 or Bay street end improvements not conforming to
Council Policies I -12 and I -1, respectively.
4. Ocean front alley improvements not conforming to Council Policy
I -15.
5. Modifications to original design concepts approved by the City.
6. Signs.
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7. Lighting.
8. Parkway surfacing other than standard P.C. concrete or brick
instal ed at grade.
9. Unuoal architectural treatment, appendages, or fixtures.
B. Private€ encroachments requiring a permit from the Parks, Beaches and
Recr tion Department:
1./ Tree planting and removal.
Shrub planting and removal.
3. Ocean front and Bay street end improvements defined in Council
Policies I -12 and I -1, respectively.
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PRIVATE, ENCROACHMENTS IN PUBLIC RIGHTS -OF WAY - 2
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 NuisancelAbatement,” of the Municipal Code shall be
used to remove offending plant material.
C. Private encroachments requfring a permit from the Public Works
Department:
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1. Standard drive approaghes.
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2. Standard sidewalks.
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3. Carriage walks.
4. Standard P.C. concrete br brick parkway surfacing at grade
subject to Parks, Beaches and Recreation Department review for
tree well location).
5. CATV and public utility facilities.
6. Structural encroachments hot otherwise listed; including, but not
limited to, fences, walls4 patios, raised planters, etc., which
encroach 1 foot or less i4to the public right -of -way. If,
however, in the opinion o the Public Works Department, the
nature or location of this type of encroachment is such that
Council review is warrante the Department may forward the item
to the Council for action.
7. Mailboxes, when required bylthe U.S. Postal Service.
D. Private encroachments requiring t e prior approval of the Public Works
Department and subject to the exe ution of an agreement for
non - standard improvements: t
1. Structural encroachments not therwise listed which do not exceed
3 feet in height, including, b t no t limited to fences, walls,
and raised planters in public ights -of -way in areas that are
more than 8 feet behind the fa a of curbs on the following
streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
b. Broad Street from Santa Aca Avenue to Redlands Avenue.
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.
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PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY - 3
The City Manager is authorized to execute, on behalf of the C*y,
agreements for non - standard improvements which are entered /ento pursuant to
this section. /
E. Private encroachments not requiring a permit:
1. Parkway lawn and ground cover.
2. Parkway sprinkling systems.
3. Use of public streets and projection7/over public property which
are covered by the Uniform Building /Code under a valid building
permit issued by the City. /
F. Prohibited Encroachments: /
1. Parkway surface of loose rock/ or gravel.
2. Private dwellings and appendages, except as provided for in the
Uniform Building Code. /
3. Private signs except as /rovided for in the Uniform Building
Code.
G. Application for any permi as required by this policy shall be filed
with the Public Works De artment on a form to be provided by the City
and shall show the prop sed planting or work and the nature thereof.
If the application is or a permit required under Section A, it shall
be forwarded to the C ty Clerk for submission to the City Council. If
the application is f r a permit under Section B, it shall be processed
by the Parks, Beach s and Recreation Department. Drawings for
encroachment permi s requiring City Council review shall be prepared
to scale. Plan a d 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 encroach ant permit has been issued.
Adopted - Augus 25, 1969
Amended - Fehr ry 14, 1972
Amended - Au t 11, 1975
Amended - Fe uary 9, 1981
Amended - N ember 23, 1981
Amended - tober 27, 1986
Amended - anuary 26, 1987
Amended - July 13, 1987