HomeMy WebLinkAbout(1989, 11/27) - L-10 - AmendedL -10
PRIVATE ENCROACHMENTS IN PUBLIC WAYS
ENDING AT THE OCEAN FRONT OR AT NEWPORT BAY
1. 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 rights 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.
A. 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:
1. 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.
2. The improvements do not decrease the ease of access to the
beach for emergency and utility vehicles or pedestrians.
3. The improvements do not result in the loss of legal parking
spaces, except for driveway approaches conforming to Council
Policy L -2, "Driveway Approaches."
4. The improvements do not eliminate views of the beach from
the nearest alley or cross - street that is parallel to the
ocean front.
II. TYPES OF PRIVATE ENCROACHMENTS
A. Private encroachments requiring prior approval of the City
Council and a permit from the Public Works Department;
1. 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.
3. Modifications to original design concepts approved by the
City.
4. Signs.
5. Lighting.
6. Parkway surfacing other than standard Portland cement
concrete, textured concrete, or brick installed at grade.
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS ENDING
AT THE OCEAN FRONT OR AT NEWPORT BAY - Page 2
B. Private encroachments requiring prior written approval of the
Parks, Beaches, and Recreation Department:
1. Bay front street ends.
a. 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 planting areas may be installed:
1) at each side of the prolongation of the street end
extending no more than 15 feet from the end of the
paved street.
2) at the end of the paved street, except that a
12- foot -wide opening must be left for City
emergency and maintenance equipment to enter the
beach area.
b. 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.
C. Improvements will be installed at the expense of the
adjacent property owners.
d. 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.
2. Unimproved ocean front street ends may be improved under the
following conditions:
a. Improvements will be installed at the expense of the
adjacent property owners.
b. 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.
C. All work must be installed to grades established by the
Public Works Department.
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS ENDING
AT THE OCEAN FRONT OR AT NEWPORT BAY - Page 3
d. A four - foot -wide sidewalk will be provided on each side of
the street right -of -way adjacent to the property line.
e. 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.
1) Portland Cement Concrete. Six inches over compacted
native material.
2) Asphalt Concrete. Two and one -half inches of asphalt
concrete over a six- inch -thick aggregate base.
3) 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 inch to 1/2
inch space between bricks. The dry mix will be
moistened with a fine spray of water after it is in
place.
f. 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.
g. Special provisions will be made in the design when garage
access is required from street ends.
h. 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.
3. 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.
b. All work will be installed to grades established by the
Public Works Department.
C. Landscaping or 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.
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PRIVATE ENCROACHMENTS IN PUBLIC WAYS ENDING
AT THE OCEAN FRONT OR AT NEWPORT BAY - Page 4
d. Where vehicles or pedestrians will travel, alleys may be
surfaced with brick, asphalt, concrete or equivalent
surfacing.
e. Improvements will extend from the nearest street or alley
improvement to the northerly line of the ocean front.
4. If, in the opinion of the Parks, Beaches and Recreation
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.
D. Private encroachments requiring a permit from the Public Works
Department:
1. Standard drive approaches.
2. Standard curbs, gutters, sidewalks, and street pavement.
3. Carriage walks and parkway surfacing of standard Portland cement
concrete, textured concrete, or brick.
4. Cable television and public utility facilities.
5. 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.
E. Private encroachments not requiring a permit:
None.
III. APPLICATION PROCEDURE
All applications for permits to construct private encroachments under
this policy shall be made to the Public Works Department.
IV. INSTALLATION
All improvements made under the provision of this policy shall be paid
for by the owners of adjacent property.
PRIVATE ENCROACHMENTS IN PUBLIC WAYS ENDING
AT THE OCEAN FRONT OR AT NEWPORT BAY - Page 5
V. MAINTENANCE
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All improvements made under the provisions of this policy shall be
maintained by and at the expense of the owners of adjacent property.
VI. ENFORCEMENT
Enforcement of this policy shall be the responsibility of the Public
Works Department.
In the event that private encroachments constructed under the
provisions of this policy are not maintained, the Public Works
Department shall give written notice to the permittees 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.
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Adopted - August 24, 1981
Amended - November 8, 1982
Minor clarifications - November 27, 1989