HomeMy WebLinkAbout(2006, 10/10) - L-12 - AmendedL-12
OCEANFRONT ENCROACHMENT POLICY
The City Council has approved Amendment No. 23 to the Land Use Plan of the Local
Coastal Program, which established specific restrictions and conditions on the
installation of private improvements in the public right of way along the oceanfront
from the Santa Ana River Channel to Channel Road. Existing encroachraents are
located on a very small portion of the sandy beach and do not impact any of the 89
street ends and other public facilities which provide beach access through oceanfront
residential communities. However, encroachments could impact access to, and public
use of, the beach in the absence of an equitable and enforceable City policy limiting the
extent, size and nature of the encroachments. This policy is intended to implement
Amendment No. 23 by establishing a procedure for approval of permitted
encroachments, removal of prohibited encroachrnents, limiting the extent of
encroachments, and clarification of improvements permitted within each encroachment
zone.
A. Definitions.
For the purpose of this Section, the following words and phrases shall be
defined as specified below:
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Existing encroachment shall mean any encroachment or
improvement installed or constructed before May 31, 1992.
New encroachment shall mean any encroachment or improvement
installed or constructed after May 31, 1992.
Improvements or Encroachments shall mean any object or thing:
i.within or oceanward of any encroachment zone described in
this policy;
ii.within or oceanward of the north edge of the Oceanfront
Boardwalk, between 36th Street and A Street; or
iii.oceanward of any residential parcel from a point 250 feet
southeast of E Street to Channel Road.
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Encroachment permit shall mean the permit issued by the Public
Works Director authorizing the maintenance or installation of
encroachments or improvements within the encroachment zones
described in this policy.
Application shall mean any application for an encroachment permit
pursuant to the provisions of this policy and the land use plan of
the local coastal program.
fo Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean
the concrete walkway along the oceanside of ocean front residential
properties between 36th Street and a point approximately 250 feet
southeast of E Street.
Encroachment Zones. Subject to compliance with the provisions of this policy:
The owner of any ocean front residential parcel between the Santa Ana
River and 52nd Street may install improvements on the oceanside of the
parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of
the parcel.
The owner of any oceanfront residential parcel between 52nd Street and
36th Street may install improvements on the ocean side of the parcel up to
a maximum of 10 feet oceanward of the private property line and within
an oceanward prolongation of the property lines on the side of the parcel.
The owner of any oceanfront residential parcel between A Street and a
point 250 feet southeast of E Street install improvements up to the
sidewalk and within an oceanward prolongation of the property lines on
the side of the parcel.
Prohibited Encroachments.
Encroachments and improvements are prohibited oceanward of private
property between 36th Street and A Street provided, however, the
northerly edge of Oceanfront Boardwalk in this area is not always
coincident with the oceanward private property line and improvements
northerly of the north edge of the sidewalk are not considered
encroachments or prohibited by this policy.
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Encroachments, including irrigation systems, and improvements are
prohibited oceanward of any ocean front parcel from a point 250 feet
southeast of E Street to Channel Road, provided existing trees which have
been planted and maintained in conformance with City Council policy,
and ground cover such as ice plant or indigenous plants are not
considered to be an encroachment, and will not require a permit pursuant
to this policy, but the City reserves the right to remove, trim or otherwise,
control the type and extent of any such landscaping.
Any existing encroachment or improvement for which no application has
been filed on or before May 31, 1992, and any new encroachment or
improvement for which no application is filed prior to installation is
prohibited.
Any new or existing encroachraent or improvement which, on or after
July 1, 1992, is not in conformance with this policy is prohibited.
Any new or existing encroachment or improvement for which there is no
valid permit.
Permitted Encroachment/Improvements. Subject to compliance with the
provisions of this policy, the following improvements are permitted within the
encroachment zones described in Section B:
Patio slabs or decks no higher than six inches above grade or the finished
floor grade of the adjacent residence. The Public Works Director may
approve minor dimensional tolerances for patio slabs and decks only
upon a finding that the improvement is consistent with the spirit and
intent of this policy and the cost of strict compliance is disproportionate to
the extent of the nonconformity. Determination of grade will be made as
provided in Section J.
Walls and/or fences less than 36 inches in height above grade or the
finished floor grade of the existing residence. The Public Works Director
may approve minor dimensional tolerances for walls and/or fences upon
a finding that the improvement is consistent with the spirit and intent of
this policy and the cost of strict compliance is disproportionate to the
extent of the nonconformity. Determination of grade will be made as
provided in Section J.
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Existing improvements which were constructed in conjunction with
development for which a building permit was issued may be approved by
the Public Works Director upon a finding that the improvement is
consistent with the spirit and intent of this policy and the cost of strict
compliance is disproportionate to the extent of the nonconformity.
In no event shall the Public Works Director approve a permit for an
encroachment or improvement that varies more than 12 inches from the
horizontal dimensional standards of this policy.
Prohibited Improvements.
Except for perimeter wails and/or fences less than 36" in height, any
structural, electrical, plumbing or other improvements which require
issuance of a building permit.
2.Pressurized irrigation lines and valves.
3.Any object which exceeds 36 inches in height, exclusive of the following:
trees planted by the City of Newport Beach or private parties
pursuant to written policy of the City Council of the City of
Newport Beach; or
bo any landscaping or vegetation within the encroachment zone
subject to the following:
The vegetation or landscaping was installed prior to the first
effective date of this policy;
ii.The vegetation or landscaping does not block views from
adjoining property;
iii.The vegetation or landscaping does not function as screen
planting as defined in Tire 20 of the Newport Beach
Municipal Code; and
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iv.The vegetation or landscaping does not impair or affect the
health, safety or welfare of persons using the oceanfront
Walk, nearby property owners, or residents of the area.
New plant materials that have been approved under a
separate California Coastal Commission permit.
Notwithstanding the provisions of this Subparagraph, the City reserves the right to
reduce the height of any existing landscaping at any time, upon a determination by the
Public Works Director, and after notice to the owner of property on which the
vegetation or landscaping exists, that a reduction in height is necessary or appropriate
given the purposes of this policy.
F.Permit Process.
An encroachment permit shall be required for all permitted
improvements. The application shall be filed with the Public Works
Department on a form provided by the City. The application shall be
signed by the owner of the property, or an agent of the owner if the
application is accompanied by a document, signed by the owner, granting
the agent the power to act for the owner with respect to the property. The
application shall be accompanied by a site plan, drawn to scale and fully
dimensioned, which accurately depicts the location, height, nature and
extent of all proposed improvements and objects within the encroachment
zone. Applications with incomplete information and/or inadequate
drawings will not be accepted.
o Applications for existing encroachments must be filed on or before May
31, 1992. Applications for new encroachments shall be filed before any
encroachment or improvement is installed. No new encroachments or
improvements shall be installed without an encroachment permit.
Upon receipt of the application, the Public Works Director shall, within
fifteen (15) days after the date of filing, determine if the application is
complete or if additional information is necessary or appropriate to an
evaluation of the application. In the event the application is incomplete or
additional information is necessary, written notice to that effect shall be
sent to the property owner within twenty (20) days after the application is
filed.
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With respect to applications for existing encroachments, an inspection
shall be conducted of all improvements within the encroachment zone
before a permit is issued by the Public Works Director. With respect to
applications for new encroachments, an on site inspection will be
conducted after installation of the improvements to insure conformity
with provisions of the permit and this policy.
The Public Works Director shall approve the permit upon a determination
that the encroachments proposed to be constructed, or to remain, are
permitted by this policy, the applicant has agreed to abide by all of the
terms and conditions imposed on the permit, and the applicant has paid
all fees required by this policy.
The Public Works Director shall have the authority to condition his/her
approval of the encroachment permit as necessary or appropriate to
insure compliance with the provisions of this policy. The Public Works
Director shah have the specific authority to condition approval of an
encroachment permit on the removal of nonconforming improvements
within a specified period of time.
The Public Works Director shah notify the applicant of his/her decision
within sixty (60) days after the application is filed and the decision of the
Public Works Director shall be final.
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Except as provided in this Section, annual encroachment permits shall
expire on June 30 of each calendar year.
Encroachment permits issued prior to June 30, 1992 shall expire June 30,
1993.
Renewal.
Annual renewal fees shall be due and payable on or before May 31
preceding the annual term of the permit. For example: Annual renewal
fees due on May 31, 2001, are for the period July 1, 2001 through June 30,
2002.
The Public Works Director shall approve annual renewal if:
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ao The applicant has complied with all standard and special
conditions of approval;
Do The applicant has constructed only those improvements and
encroachments authorized by the permit;
The applicant is in compliance with all of the provisions of this
policy.
Standard Conditions.
The Public Works Director shall impose standard conditions of approval
on all encroachment permits. These standard conditions shall include,
without limitation, the following:
The obligation of permittee to comply with all of the provisions of
this policy and all conditions imposed upon the permit.
The right of the Public Works Director to revoke any permit after
notice and hearing if the permittee is in violation of this policy or
conditions to the permit.
The right of the City to summarily abate encroachments or
improvements which are prohibited by this policy or conditions on
the permit upon ten (10) day’s written notice.
The obligation of permittee to pay all costs incurred by the City in
summarily abating any prohibited improvement.
The obligation of permittee to defend, indemnify and hold the City
and its employees harmless from and against any loss or damage
arising from the use or existence of the improvements or
encroachment.
f°Permittee’s waiver of any right to contest the City’s street and
public access easement over property within or oceanward of the
encroachment zones.
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The right of the Public Works Director or his designee to inspect
improvements within the encroachment zone without notice to the
permittee.
The right of the City to cancel or modify any, or all, encroachment
permit(s) upon a determination by the City Council to construct a
public facility or improvement within or adjacent to the
encroachment zone.
The construction of any seawall, revetment or other device necessary to
control erosion, shall occur as close to private property as feasible.
Erosion control devices shall not be placed or installed closer to the ocean
to protect improvements or encroachments.
The Public Works Director may impose additional standard conditions
necessary or appropriate to insure compliance with, or facilitate City
administration of this policy.
Determination of Grade.
The nature of the beach makes a precise determination of grade difficult.
The level of the sand changes with wind, storm, and tidal conditions. The
Public Works Director shall determine the level from which the height of
encroachments and improvements is to be measured. In making this
determination, the Public Works Director shall consider the following
criteria:
The existing grade in the area;
Finished floor elevation or grade of the adjacent residence;
The elevation of existing encroachments on site and on adjacent
properties;
Any data on the historic elevation of the beach in that area.
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Annual Fee.
The fees based on the depths of encroachment shown below shall be
established by resolution of the City Council and paid annually as a
condition of the issuance of encroachment permits:
Depth of Encroachment
0 - 5 feet
5 - 7-1/2 feet
7-1/2 - 10 feet
10 - 15 feet
°For purposes of determining fees, the average depth of the encroachment
shall be used. However, the maximum depth shall not exceed the
limitations specified in Section B. A dimensional tolerance not to exceed
12 inches may be allowed in determining the appropriate fee to be paid by
persons with existing encroachments.
The annual fee shall be due and payable upon submittal of the application
for the initial encroachment permit. Renewal fees shall be due May 31 of
each year. The fee shall be considered delinquent thirty (30) days
thereafter. Delinquent fees shall be established by resolution of the City
Council.
The annual fee shall be used to defray City costs of administration,
incidental costs of improvements on street ends along the oceanfront, and
incidental costs to enhance public access and use of the ocean beaches. At
least eighty-five (85%) percent of the fees shall be used by the City to
implement the mitigation plan as required by Amendment No. 23 to the
Land Use Plan of the City’s Local Coastal Program. (See Section M.)
Violations/Remedy.
The City shall, in addition to any right or remedy provided by law, have
the right to do any or all of the following in the event a permit-tee is in
violation of the provisions of this policy or any condition to the permit, or
any encroachment or improvement violates the provisions of this policy:
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Revoke the permit after giving the permittee notice and an
opportunity to be heard upon a determination that there is
substantial evidence to support a violation of this policy. The
Public Works Director shall establish the specific procedures
designed to insure that permit-tee receives due process of law.
Summarily abate any encroachment or improvement violative of
this policy after giving the permittee or property owner ten (10)
day’s written notice of its intention to do so in the event the
permittee or property owner fails to remove the encroachment or
improvement. The permittee or property owner shall pay all costs
incurred by the City in summarily abating the encroachment or
improvement. The determination of the Public Works Director
with respect to abatement shall be final.
Amendment No. 23 Land Use Plan of Local Coastal Program Mitigation Plan.
To mitigate any impact on beach access resulting from the encroachments, the
City shall:
Reconstruct thirty-three unimproved street ends between 36th Street and
Summit to provide additional parking and approved access in accordance
with the following:
The reconstruction shall provide a minimum, where feasible, of two
parking spaces per street end and shall proceed in substantial
conformance with the standard drawing, attached as exhibit "A."
The City shall use at least eighty-five percent (85%) of the fees to
fund reconstruction of street ends until all have been improved.
The City will use its best efforts to improve three or more street
ends per year (except during the year when vertical handicapped
access is constructed), and anticipates that funding will be adequate
to do so.
West Newport street-end parking spaces shall be metered in the
same manner as the West Newport Park in order to encourage
public use of the spaces.
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Within three years after Council approval of this Resolution, City shall
construct a hard surface walkway perpendicular to Seashore Drive at
Orange Avenue. The walkway shall extend oceanward a sufficient
distance to allow a view of the surfline by an individual seated in a
wheelchair. At least one handicapped parking space shall be designated
at the Orange Avenue street end. City shall designate at least one other
handicapped space at one of the first three street ends improved.
Subsequent to the reconstruction of all West Newport street ends, at least
eighty-five percent (85%) of the fees generated by encroachments will be
used for the construction of improvements which directly benefit the
beach going public such as parking spaces, rest rooms, vertical or lateral
walkways along the beach and similar projects.
[Attachment - Exhibit "A"]
Adopted - November 26,1990
Amended - July 8,1991 (Resolution 91-80)
Amended - March 9, 1992
Amended - September 28,1992
Amended - January 24,1994
Amended - February 27, 1995
Amended - February 26, 1996
Amended - February 24,1997
Amended - March 22, 1999
Amended - May 8, 2001
Amended - October 10, 2006
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