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HomeMy WebLinkAbout(1994, 01/24) - L-6 - AmendedE on It is the general policy of the City that the public rights -of-w are to be reserved for public use or open space; and that the rights of the pu c, present and future, are not to be diminished by the installation of private ' provements within the public rights -of -way. Categories of private encroachments and imovements are listed below, together with the permit requirement for each c gory. A. Private encroachments prohibited: 1. Structural encroachmYtesidewalk t otherwise listed; including, but not limited to, fences, patios, raised planters, etc., which encroach in excess of nto the public right -of -way, or exceed 3 feet in height, meam the top of curb elevation /or from sidewalk elevation w exists. 2. Driveway approa9 ies not conforming to Council Policy L-2. 3. Ocean front shy6et end, or Bay front street end improvements not conforming t Council Policy L-8. 4. Ocean fro7Xt alley end improvements not conforming to Council Policy 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. 8/ Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored /textured concrete or flat stone /brick installed at grade. 9. Private dwellings and appendages including raised patios and decks, except as provided for in the Building Code. 10. Pay telephones. Ir6 • B. Private encroachments requiring a permit from the General Services Department: 1. Tree planting and removal. 2. Shrub planting and removal. 3 Median landscaping. If, in the opinion of the General Services Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring a permit from the Public Works • Department 1. Drive approaches conforming to Council Policy L-2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone /brick) installed at grade (subject to General Services Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right -of -way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 • 1 lr6 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non - standard improvements: 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street b. Broad Street from Santa Ana Avenue to Redlands Avenue. 2. Fences of open type construction which do not exceed 3 feet in height and which are located at least 2'-6" behind the back of the public sidewalk on the following Balboa Island public ways: South Bay Front, North Bay Front, and East Bay Front 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action The City Manager is authorized to execute, on behalf of the City, agreements for non - standard improvements which are entered into pursuant to this section or other authorization J Ir6 • E. Private encroachments not requiring a permit 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the General Services Department Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose • access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest Adopted - August 25,1969 Amended - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994