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HomeMy WebLinkAbout(1989, 11/27) - L-6 - Amendedr J IN PUBLIC RIC It is the general policy of the City that the be reserved for public use or open space; and public, present and future, are not to be dim private improvements within the public rights Categories of private encroachments and imp together with the permit requirement for e A. Private encroachments prohibited: L -6 Y e trights - of -way are to t the rights of the shed by the installation of way. ements are listed below, category. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, atios, raised planters, etc., which encroach in excess of 1 fo t into the public right -of -way, or exceed 3 feet in height, easured from the top of curb elevation /or from sidewa elevation where sidewalk exists. 2. Driveway approaches 3. Ocean front street conforming to Coun 4. Ocean front alley Policy L -10. conforming to Council Policy L -2. or Bay front street end improvements not Policy L -10. improvements not conforming to Council 5. Modifications tv original design concepts approved by the City. 6. Private signs kxcept as provided for in the Building Code. 7. Lighting. 8. Parkway su acing of loose rock, gravel, or any surfacing other than Stan rd concrete or brick installed at grade. 9. Private ellings and appendages including raised patios and decks, cept as provided for in the Building Code. B. Private enc oachments requiring a permit from the Parks, Beaches and Recreation epartment: 1. Tree /planting and removal. 2. Shr b planting and removal. 3. Oc an front street end, and Bay front street end improvements d fined in Council Policy L -10. L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF WAY - 2 4. Ocean front alley improvements defined in Council Policy L -10. 5. Median landscaping. If, in the o pion of the Parks, Beaches and Recreation Department, the approved plan ing 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 en Department requiring a permit from the Public Works 1. Stands concrete drive approaches. 2. Standar concrete sidewalks. 3. Carriage alks. 4. Standard c ncrete or brick parkway surfacing at grade (subject to Parks, Bea es and Recreation Department review for tree well location). 5. CATV and pub \ 6inion ty facilities. 6. Structural enents not otherwise listed; including, but not limited to, falls, patios, raised planters, etc., which encroach 1 foess into the public right -of -way. If, however, in tion of the Public Works Department, the nature or loc f this type of encroachment is such that Council revirranted, the Department may forward the item to the Counction. 7. Mailboxes, wi ed by the U.S. Postal Service. D. Private encroachments requir an Encroachment Permit from the Public Works Department and subject the execution of an agreement for non- standard improvements: 1. Structural encroachments no otherwise listed which do not exceed 3 feet in height, including, ut not limited to fences, walls, and raised planters in public ights -of -way in areas that are acmorethan8feetbehindthef of curbs on the following streets: a. Santa Ana Avenue from Cliff Dr e to Fifteenth Street. b. Broad Street from Santa Ana Avenue to Redlands Avenue. 1 u L -6 TF. ENCROACHMENTS IN PUBLIC RIGIITS -OF -WA - Page 3 2. Fences of open type constructi n which do not exceed 3 feet in height and which are located t least 2' -6" behind the back of the public sidewalk on the llowing public ways: a. South Bay Front b. North Bay Front If, in the opinion of the Publi Works Department, the nature or location of this type of encroachment such that Council review is warranted, the Department may forward the a lication to the City Council for original action. The City Manager is autho ized to execute, on behalf of the City, agreements for non -stand rd improvements which are entered into pursuant to this section/ public E. Private ts not requiring a permit: 1. Pand ground cover. 2. Pakling systems. 3. Usstreets and projections over public property which ary the Uniform Building Code under a valid building pe by the City. F. Appli tion for any permit as required by this policy shall be filed with he Public Works Department on a form to be provided by the City and hall show the proposed planting or work and the nature thereof. If he application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If t e application is for a permit under Section B, it shall be processed the Parks, Beaches and Recreation Department. Drawings for ncroachment 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. Appeals from the strict application of this policy will not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25, 1969 Amended January 26, 1987 Amended - February 14, 1972 Amended July 13, 1987 Amended - is August 11, 1975 Amended February 13, 1989 Amended February 9, 1981 Amended August 14, 1989 Amended - November 23, 1981 Amended November 27, 1989 Amended - October 27, 1986