HomeMy WebLinkAbout(1994, 01/24) - L-7 - ReaffirmedL-7
ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD -
EDGEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET
It is recognized that Buena Vista Boulevard and Edgewater Avenue, between
Bay Avenue and Fernando Street, because of their geographical location, are
used mainly to provide non - vehicular access and views to the waters of
Newport Bay.
The following policy regarding street encroachments and bay access has been
developed to (1) provide for the existing public use of the bay beaches and
waters and (2) encourage the maintenance by private property owners of the
existing park -like surroundings.
1. Buena Vista - Bay Avenue to Edgewater
The street right -of -way in this reach varies from 30' to 35.88'
in width, with private property on both sides of the public
way. Improvements allowed at this location shall consist of
the following:
a. A six -foot wide public sidewalk along the inland side of
the right -of -way line maintained by the City.
b. Landscaping and park -like improvements in the
remaining portion of the right -of -way shall be allowed if
installed and maintained by the adjoining property
owners. Low -level walls or curbing required for tidal
protection will be allowed. Private improvements such
as walls, fences, gates, signs and living areas such as
cabanas and other roofed structures shall not be allowed
except on the private property bayward of the street
right -of -way.
C. Access to private piers and floats shall be allowed where
a harbor permit has been granted, but such access
structures shall not be expanded beyond the permit
dimensions.
2.
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Edgewater Avenue - Buena Vista to Island Avenue
The street right -of -way in this reach is 40' wide with private
property on the inland side. The bay side is improved with
a privately constructed bulkhead.
Improvements allowed at this location shall consist of the
following:
a. A six -foot wide public sidewalk along the inland side of
the right -of -way line maintained by the City.
b. Landscaping and park -like improvements in the
remaining portion of the right -of -way (between the
sidewalk and the bulkhead) shall be allowed if installed
and maintained by the adjoining property owner.
Private improvements such as fences, gates, signs, and
living areas shall not be allowed.
C. Access to private piers and floats shall be allowed where •
a harbor permit has been granted, but such access
structures shall not be expanded beyond the permit
dimensions.
d. Such benches and view sites within the public way that
may be approved by the Parks, Beaches and Recreation
Department
3. Edgewater Avenue - Island Avenue to Alvarado Street
The street right -of -way in this reach is 40' wide with private
property on the inland side. The bay side is improved with
a sloping beach leading to the waters of the bay.
Improvements allowed at this location shall consist of the
following:
a. A six -foot wide public sidewalk along the inland side of
the right -of -way maintained by the City.
b. The remaining portion of the right -of -way shall be
reserved as a public beach and no private improvements,
impediments or boat storage shall be allowed except for •
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access to piers and floats where a harbor or a mooring
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permit has been granted, but such access structures shall
not be expanded beyond the permit dimensions. Any
existing permits to encroach on the right -of -way shall be
rescinded.
4. Edgewater Avenue - Alvarado Street to Fernando Street
The street right -of -way in this reach is 50' wide. The bay
side is improved with a sloping beach leading to the waters
of the bay. The private lots bayward of the public right -of-
way are under water.
Improvements allowed at this location shall consist of the
following:
a. A six -foot wide public sidewalk along the inland side of
the right -of -way maintained by the City.
b. The remaining portion of the right -of -way shall be
reserved as a public beach and no private improvements,
impediments or boat storage shall be allowed except for
access to piers and floats where a harbor permit has been
granted, but such access structures shall not be expanded
beyond the permit dimensions.
Landscaping improvements conforming to this policy shall be installed only in
accordance with an approved plan and a permit issued by the Parks, Beaches
and Recreation Department A blanket revocable permit will be issued by the
City for the existing landscaping improvements. Any existing improvements not
conforming to this policy and not covered by a blanket permit shall be removed
pursuant to the procedures established in Chapter 10.50 of the Municipal Code
entitled "Public Nuisance Abatement'.
Nothing in this policy shall be construed as a waiver by the City of Newport
Beach of any rights, title, or interest in the entire street right -of -way covered by
this policy.
Adopted - March 14,1977
is
Reaffirmed - January 24,1994
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