HomeMy WebLinkAbout(1989, 08/14) - L-6 - AmendedL -6
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 right's 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 ate listed below,
together with the permit requirement for each catego# .
A. Private encroachments prohibited:
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1. Structural encroachments not otherwise listed; including, but not
limited to, fences, walls, patios, r sed planters, etc., which
encroach in excess of 1 foot into t 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 confong to Council Policy L -2.
3. Ocean front street end, or B front street end improvements not
conforming to Council Policy L -10.
4. Ocean front alley end impr vements not conforming to Council
Policy L -10.
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5. Modifications to origin #1 design concepts approved by the City.
6. Private signs excepts provided for in the Building Code.
7. Lighting.
8. Parkway surfacing f loose rock, gravel, or any surfacing other
than standard P.0 concrete or brick installed at grade.
9. Private dwellinvfs and appendages including raised patios and
decks, except a provided for in the Building Code.
B. Private encroachments requiring a permit from the Parks, Beaches and
Recreation Departyent:
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.
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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 Nuisance Abatement," of the Municipal Code shall be
used to remove offending plant material.
C. Private encroachments requiring a permit from the Public Works
Department:
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.
1. Standard drive approaches.
2. Standard sidewalks.
3. Carriage walks.
4. Standard P.C. concrete or 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 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.
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PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY - 3
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
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:
1. Parkway lawn and ground cover.
2. Parkway sprinkling systems.
3. 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.
F. 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 - October 27, 1986
Amended - 1ebruary 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 Amended - August 14, 1989