HomeMy WebLinkAbout(2018, 08/14) - L-1 - Amended - incorporating L-5SIDEWALKS, CURBS, GUTTERS AND CITY OWNED UTILITIES
General
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A. Nothing herein shall relieve the property owner from the burden of initially
installing concrete sidewalks, curbs, and gutters.
B. Nothing herein shall relieve the property owner of his obligation under Newport
Beach Municipal Code ("NBMC") Section 13.01.100, or any successor section.
C. Nothing herein shall prevent the City of Newport Beach ("City") from performing
any repair work within the public right-of-way when it is in the best interest of the
City to do so.
Cost Sharing Of Repairing Sidewalks, Curbs, and Gutters And Other City Owned
Utilities
A. The City shall pay 100% of the cost of repairing concrete curbs and gutters.
B. The City shall pay 100% for approaches at alley intersections.
C. The City shall pay 100% of the cost of repairing standard concrete sidewalk
adjoining private property where damage is caused by other than the adjacent
property owner, including damage caused by City parkway trees.
D. The property owner shall pay 100% of the cost of repairs to sidewalks, curbs,
gutters, water services, water mains, sewer mains and laterals where the damage
was caused by trees on private property, and/or where the damage was caused
by acts or omissions of the property owner.
E. The property owner shall pay 100% of the cost of repairs to non-standard
improvements installed in the public right-of-way by the property owner or his
predecessors in accordance with the terms of the non-standard improvement
agreement, regardless of the cause of damage.
F. The property owner shall pay 100% of the cost of repairs to non-standard
improvements installed without a permit in the public right-of-way by the
property owner or his predecessors, regardless of the cause of damage.
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G. Where ground cover and sprinkler systems, or standard flatwork installed in
accordance with City policy and pursuant to an approved encroachment permit,
are damaged as a result of City construction work, the repairs shall be performed
by the City's Contractor and/or by City forces, as provided for in the contract.
H. The City shall not pay for the cost of repairing private concrete driveway
approaches within the City right-of-way, including the sidewalk areas; except that
the City shall pay such costs if the damage was caused by City parkway trees (for
standard approaches, only).
I. A sum of money shall be appropriated every year in the Capital Improvement
Budget to be applied to the City's share of concrete repair work.
J. City participation under this policy shall be discretionary and subject to the
availability of funds.
Lido Isle
The City shall cooperate with the Lido Isle Community Association ("LICA") to replace
specially colored and scored sidewalk in kind, provided that City costs shall not exceed
that of plain concrete with standard scoring. LICA color is "Chromix Adobe Tan No. C-
21" by the L.M. Scofield Company.
Streets That Are More than Fifty Percent Improved
It shall be the policy of the City Council to initiate street and sidewalk improvements on
streets that are more than fifty percent (50%) improved and to assign the cost of these
improvements to the adjoining property owners. The methods used to finance the
improvements are as follows:
A. Voluntary payment of construction funds by benefited property owners.
B. Advancement of construction funds by the City.
C. Use of Chapter 27 provisions of the 1911 Act (Cal. Streets and Highways Code
Sections 5870 et seq.).
If the method whereby the benefited property owners advance the construction funds is
used, the engineering, inspection, and incidental costs shall be borne by the City. Projects
financed in this manner shall be given a high priority.
If the method whereby the City advances the construction funds is used, the engineering,
inspection, and incidental costs shall be borne by the City. Under this method the City
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shall advance the funds only after an agreement between the property owners and City
has been signed in which the property owners agree to repay the construction costs over
a three-year period at prevailing interest rates.
If the provisions of Chapter 27 of the 1911 Act are used, the cost of engineering and
inspection and identifiable incidentals shall be borne by the adjoining property owners.
In cases where Chapter 27 of the 1911 Act is used to improve unpaved alleys, the staff
may advance up to $50,000 per year from the Street and Alley Maintenance Program for
alley paving. All funds advanced for construction, engineering and inspection shall be
collected from the benefited property owners using the legal provisions of Chapter 27.
On streets that are more than fifty percent (50%) improved, owners shall be required to
construct/ reconstruct the curb, gutter, sidewalks and/or pavement when obtaining
building permits for remodeling, new construction or additions.
History
(1965,03/22) - L-1 - Adopted (Sidewalk, Curb, and Gutter)
(1966,08/30) - L-1- Amended
(1966,10/24) - L-5 - Adopted (Street and Sidewalk Improvements)
(1967, 09/25) - L-1- Amended
(1968,11/12) - L-5 - Reaffirmed
(1968,12/12) - L-1- Amended
(1970, 03/09) - L-1- Reaffirmed
(1970, 03/09) - L-5 - Reaffirmed
(1972, 02/14) - L-1- Reaffirmed
(1972, 02/14) - L-5 - Reaffirmed
(1972,05/22) - L-5 - Amended
(1982,10/12) - L-1- Amended
(1982,10/12) - L-5 - Amended
(1982,10/25) - L-1- Amended
(1982,10/25) - L-5 - Amended
(1986,10/27) - L-1- Amended
(1988,11/28) - L-1- Amended
(1988,11/28) - L-5 - Amended
(1992,12/14) - L-1- Amended
(1994, 01/24) - L-1- Amended
(1994,01/24) - L-5 - Amended
(1996, 02/26) - L-1- Amended
(1966, 02/26) - L-5 -Amended
(1997, 02/24) - L-1- Amended
(1997, 06/ 09) - L-1- Amended
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(2006,10/ 10) - L-1- Amended
(2018, 08/14) - L-1- Amended - incorporating L-1 & L-5