HomeMy WebLinkAbout(1995, 02/27) - L-6 - AmendedLI
I.-I
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way are to be reserved
for public use or open space; and that the rights of the public, present and future,
are not to be diminished by the installation of private improvements within the
public rights -of -way.
Categories of private encroachments, and improvements are listed below,
together with the permit requirement for each category.
A. Private encroachments prohibited:
1. Structural encroachments not otherwise listed; including, but not
limited to, fences, walls, patios, raised planters, etc., which
encroach in excess of 1 foot into the public right -of -way, or exceed
3 feet in height, measured from the top of curb elevation /or from
sidewalk elevation where sidewalk exists.
2. Driveway approaches not conforming to Council Policy L-2.
3. Ocean front street end, or Bay front street end improvements not
conforming to Council Policy L-8.
4. Ocean front alley end improvements not conforming to Council
Policy L- &:
5. Modifications to original design concepts approved by the City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
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 this section and the Building Code.
is10.
Pay telephones.
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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. •
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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. Permitted Structural Encroachments on Balboa Island along South
Bay Front and North Bay Front are as follows:
a. Planters that do not exceed 1 foot in height located within 2'-
6" of the back of existing sidewalk, planted with ground
cover and shrubs not to exceed 2 feet in height measured
from sidewalk elevation;
b. Fences with a minimum setback of 2'-6" from back of
sidewalk.
i. For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high
above sidewalk grade in conformance with Building
and Planning Code Regulations.
ii. For patios constructed greater than 1' above sidewalk
grade elevation, Fences must be set back a minimum
of 3' from back of sidewalk, not exceed 2' -6" in height
above the patio, have at least 40% visibility through
them, and not to exceed 4' in height above existing
public sidewalk grade.
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C. PATIOS with a minimum setback of 2' -6" from the back of
sidewalk-
i. Raised Patios are permitted provided they have a
maximum height of 2' -6" above sidewalk grade, are
set back a minimum of 2' -6" from back of sidewalk,
and provided all bulkhead deadman and tiebacks
supporting the Bay front bulkhead are replaced "If
required by the Public Works Department" in
conformance with the requirements of the Public
Works Department; Stairs located a minimum of 2' -6"
from back of sidewalk.
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.
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
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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
Amended - May 9, 1994
Amended - February 27, 1995
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