HomeMy WebLinkAbout(1977, 03/14) - L-7 - Adopted (Encroachments and Bay Access on Buena Vista Boulevard – Edgewater Avenue between Bay Avenue and Fernando Street)L -7
3114/77
ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD -
EDCEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET
It is recognized that Buena Vista Boulevard and Edgewater Avenue, between
Bay Avenue and Fernando Street, because of their geographical location,
are used mainly to provide nonvehicular access and views to the waters of
Newport Bay.
The following policy regarding street encroachments and bay access has
been developed to (1) provide for the existing public use of the bay
beaches and waters and (2) encourage the maintenance by private property
owners of the existing park -like surroundings.
1. Buena Vista - Bay Avenue to Edgewater
The street right -of -way in this reach varies from 30' to 35.88' in
width, with private property on both sides of the public way.
Improvements allowed at this location shall consist of the following:
a. A six -foot wide public sidewalk along the inland side of the
right -of -way line maintained by the City.
b. Landscaping and park -like improvements in the remaining portion
of the right -of -way shall be allowed if installed and maintained
by the adjoining property owners. Low -level walls or curbing
required for tidal protection will be allowed. Private improve-
ments such as walls, fences, gates, signs and living areas such
as cabanas and other roofed structures shall not be allowed
except on the private property bayward of the street right -of-
way.
c. Access to private piers and floats shall be allowed where a
harbor permit has been granted, but such access structures
shall not be expanded beyond the permit dimensions.
2. Edgewater Avenue - Buena Vista to Island Avenue
The street right -of -way in this reach is 40' wide with private
property on the inland side. The bay side is improved with a
privately constructed bulkhead.
Improvements allowed at this location shall consist of the following:
a. A six -foot wide public sidewalk along the inland side of the
right -of -way line maintained by the City.
b. Landscaping and park -like improvements in the remaining portion
of the right -of -way (between the sidewalk and the bulkhead)
shall be allowed if installed and maintained by the adjoining
property owner. Private improvements such as fences, gates,
signs, and living areas shall not be allowed.
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ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD- 3/14/77
EDGEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET - Page 2
C. Access to private piers and floats shall be allowed where a
harbor permit has been granted, but such access structures
shall not be expanded beyond the permit dimensions.
d. Such benches and view sites within the public way that may be
approved by the Parks, Beaches and Recreation Department.
3. Edgewater Avenue - Island Avenue to Alvarado Street
The street right -of -way in this reach is 40' wide with private
property on the inland side. The bay side is improved with a
sloping beach leading to the waters of the bay. Improvements
allowed at this location shall consist of the following:
a. A six -foot wide public sidewalk along the inland side of the
right -of -way maintained by the City.
b. The remaining portion of the right -of -way shall be reserved as
a public beach and no private improvements, impediments or boat
storage shall be allowed except for access to piers and floats
where a harbor or a mooring permit has been granted, but such
access structures shall not be expanded beyond the permit
dimensions. Any existing permits to encroach on the right -of-
way shall be rescinded.
4. Edgewater Avenue - Alvarado Street to Fernando Street
The street right -of -way in this reach is 50' wide. The bay side is
improved with a sloping beach leading to the waters of the bay. The
private lots bayward of the public right -of -way are under water.
Improvements allowed at this location shall consist of the following:
a. A six -foot wide public sidewalk along the inland side of the
right -of -way maintained by the City.
b. The remaining portion of the right -of -way shall be reserved as
a public beach and no private improvements, impediments or boat
storage shall be allowed except for access to piers and floats
where a harbor permit has been granted, but such access structures
shall not be expanded beyond the permit dimensions.
Landscaping improvements conforming to this policy shall be installed only
in accordance with an approved plan and a permit issued by the Parks, Beaches
and Recreation Department. A blanket revocable permit will be issued by
the City for the existing landscaping improvements. Any existing improve-
ments not conforming to this policy and not covered by a blanket permit
shall be removed pursuant to the procedures established in Chapter 10.50
of the Municipal Code entitled "Public Nuisance Abatement ".
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3/14/77
ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD -
EDGEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET - Page 3
Nothing in this policy shall be construed as a waiver by the City of
Newport Beach of any rights, title, or interest in the entire street
right -of -way covered by this policy.
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Adopted - March 14, 1977
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