HomeMy WebLinkAbout(2001, 05/08) - L-8 - AmendedL-8
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY
ENDING AT THE OCEAN FRONT OR AT NEWPORT BAY
GENERAL
It is the general policy of the City that streets, alleys and other public ways ending at
the ocean front or at Newport Bay are reserved for public use or open space; and that
the r’ights of the public, present and future, in said public ways are not to be diminished
by the installation of private encroachments in said public ways.
Private encroachments will not be permitted in said public ways unless
individual circumstances indicate that approval will be consistent with the public
interest. Such circumstances are:
The improvements do not create an impression in the mind of the average
member of the public that any portion of the public way is private
property.
The improvements do not decrease the ease of access to the beach for
emergency and utility vehicles or pedestrians.
The improvements do not result in the loss of legal parking spaces, except
for driveway approaches conforming to Council Policy L-2, "Driveway
Approaches".
The improvements do not eliminate views of the beach from the nearest
alley or cross street that is parallel to the ocean front.
TYPES OF PRIVATE ENCROACHMENTS
Private encroachments requiring prior approval of the City Council and an
encroachment permit and if applicable an encroachment agreement from the
Public Works Department.
Structural encroachments not otherwise listed, including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of
one foot into the public right-of-way, or exceed three feet in height.
2.Driveway approaches not conforming to Council Policy L-2.
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3.Modifications to original design concepts approved by the City.
5. Lighting.
Parkway surfacing other than standard Portland cement concrete,
textured concrete, fiat stone, or brick installed at grade.
Private encroachrnents requiring prior written approval of the General Services
Department and an encroachment permit and if applicable an encroachment
agreement from the Public Works Department.
1.Bay front street ends.
Bay front street ends at beach level may contain two-foot-wide
planting areas bounded by redwood or concrete strips and
containing hedges no more than two feet in height. The planing
areas may be installed:
at each side of the prolongation of the street and extending
no more than 15 feet from the end of the paved street.
ii.at the end of the paved street, except that a 12-foot-wide
opening must be left for City emergency and maintenance
equipment, and pedestrians to enter the beach area.
Bay front street ends where tidal flow prevents standard
installation may be landscaped, subject to the prior approval by the
City of specific plans prepared by the applicant. Access to beach
areas must be provided for in any such specific plans.
Improvements will be installed at the expense of the adjacent
property owners.
Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
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Except as provided for in Paragraphs C. and D. below, unimproved ocean
front street ends may be improved under the following conditions:
Improvements will be installed at the expense of the adjacent
property owners.
Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
Co All work must be installed to grades established by the Public
Works Department.
do A four-foot-wide sidewalk will be provided on each side of the
street right-of-way adjacent to the property line.
A minimum of 12 feet of unobstructed access to the beach in the
center of the right-of-way will be surfaced with brick, asphalt,
concrete or artificial turf, or an equivalent surfacing approved by
the City.
i.Portland Cement Concrete. Six inches over native
compacted material.
iL Asphalt Concrete. Two and one-half inches of asphalt
concrete over a six-inch-thick aggregate.
iii.Brick. Brick installed over four inches of imported aggregate
base. A dry mix of one-to-one cement and clean plaster sand
to be swept into the 1/4 to 1/2-inch space between bricks.
The dry mix will be moistened with a fine spray of water
after it is in place.
fo Planters five feet wide will be provided between the side and the
center access along a portion of each side of the street with a heavy
emphasis on drought resistant plant materials. Plant material will
be installed to City specifications. A six-inch to 18-inch high lip of
concrete, brick or rock may be installed as part of the planter.
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go Special provisions will be made in the design when garage access is
required from street ends.
Where unusually large quantities of sand exist in a street end area,
the City will assist the adjacent owners by moving the same to an
area determined by the City.
Unimproved alleys that end at the ocean front may be improved under
the following conditions:
a°Improvements will be installed at the expense of the adjacent
property owner.
Do All work will be installed to grades established by the Public Works
Department.
Landscaping of potted plants will be permitted in the portion of the
alley right-of-way that terminates at the ocean front sidewalk. A
six-foot-wide inviting passageway will be maintained for
pedestrian access.
Where vehicles or pedestrians will travel, alleys may be surfaced
with brick, asphalt, concrete or equivalent surfac’mg.
Improvements will extend from the nearest street of alley
improvement to the northerly line of the ocean front.
If, in the opinion of the General Services Department, the location and
nature of this type of encroachment is such that review by the Parks,
Beaches and Recreation Commission is warranted, the Department may
forward the application to the Commission for review.
Where street ends or alley ends are improved in accordance with City standard
design criteria, standard drawings, and standard specifications, no approval of
the General Services Department or Parks, Beaches, and Recreation Commission
is required. An encroachment permit shall be obtained from the Public Works
Department.
In West Newport, from 36th Street to Summit Street, street ends will be
improved as provided for in Policy L-12.
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Eo Private encroachments requiring an encroachment permit and, if applicable, an
encroachment agreement from the Public Works Department:
1.Standard drive approaches.
2.Standard curb, gutters, sidewalks, and street pavement.
Carriage walks and parkway surfacing of standard Portland cement
concrete, textured concrete, or brick.
4.Cable television and public utility facilities.
°Structural encroachments not otherwise listed, including, but not limited
to, fences walls, patios, raised planters, etc., which encroach one foot or
less into the public right-of-way. If, 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.
F.Private encroachments not requiring a permit:
None.
APPLICATION PROCEDURE
All applications for permits to construct private encroachments under this policy shall
be made to the Public works Department.
INSTALLATION
All improvements made under the provision of this policy shall be paid for by the
owners of adjacent property.
MAINTENANCE
All improvements made under the provisions of this policy shall be maintained by and
at the expense of the owners of adjacent property.
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ENFORCEMENT
Enforcement of this policy shall be the responsibility of the Public Works Department.
In the event that private encroachraents constructed under the provisions of this policy
are not maintained, the Public Works Department shall give written notice to the
permittee to restore said improvements to an acceptable condition, and further, setting
forth a specified date by which time the improvements must be restored.
Failure to restore said improvements within the period of time specified shall be cause
for the General Services Department to remove the improvements from the public
right-of-way without further notice to the permittee.
Adopted - August 24, 1981
Amended - November 8,1982
Minor clarifications - November 27,1989
Amended - January 24,1994
Amended - May 8, 2001
Formerly L-10
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