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HomeMy WebLinkAbout(1981, 11/23) - L-6 - AmendedL -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the City that the public right -of -way are to be reserved for public use or open space; and that th rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of -w Categories of private encroachments and improvemen are listed below, together with the permit requirement for each cat gory. Encroachments listed under Category A (Council approval requir d) will not be approved unless individual circumstances indicate that approval will be consistent with the public interest. / A. Private encroachments requiring prior Cd'uncil approval and a permit from the Public Works Department: / 1. Structural encroachments not oth¢rwise listed; including, but not limited to, fences, walls, Platios, raised planters, etc. which encroach in excess of onO foot into the public right -of -way, or exceed 3` in height, measufed from the top of curb elevation /or from sidewalk elevation whey¢ sidewalk exists. 2. Driveway approaches not co orming to Council Policy L -2. 3. Ocean Front or Bay Street and improvements not conforming to Council Policies I -12 an I -1, respectively. 4. Ocean Front alley impr ements not conforming to Council Policy I -15. 5. Modifications to origXnal design concepts approved by the City. 6. Signs. 7. Lighting. 8. Parkway surfacin other than standard P.C. concrete or brick installed at grade. 9. Unusual arch it ctural treatment, appendages, or fixtures. B. Private encroach nts requiring a permit from the P.B. & R. Department: 1. Tree Planti4g and removal. 2. Shrub pling and removal. 3. Ocean Fr t 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. L -6 D. 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. E. 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 provided for in the Uniform Building Code. 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 applica- tion 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. Adopted PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY - Page 2 Reaffirmed - December 10, C. Private encroachments requiring a permit from the Public Works Department: 1970 1. Standard drive approaches. 11, 2. Standard sidewalks. February 3. Carriage walks. August 11, 4. Standard P.C. concrete or brick parkway surfacing at grade (subject Amended February to P. B. & R. review for tree well location). Amended - 5. C.A.T.V. and public utility facilities. 1981 • 6. Structural encroachments not otherwise listed; including, but not Amended - limited to, fences, walls, patios, raised planters, etc., which 23, 1981 encroach one 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 City Council review is warranted, the Department may forward the item on to the Council for action. D. 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. E. 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 provided for in the Uniform Building Code. 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 applica- tion 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. Adopted August 25, 1969 Reaffirmed - December 10, 1973 Reaffirmed March 9, 1970 Reaffirmed - November 11, 1974 Reaffirmed February 8, 1971 Amended - August 11, 1975 Amended February 14, 1972 Amended - February 9, 1981 • Amended - November 23, 1981