HomeMy WebLinkAbout(1994, 01/24) - L-10 - Amended - changed to L-8n
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ME
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF- -WAY
ENDING AT THE OCEAN FRONT OR AT NEWPORT BAY
I. 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 properly.
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.
H. Types of Private Encroachments
A. Private encroachments requiring prior approval of the City
Council and a permit from the Public Works Department:
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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
U2.
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, flat stone, or brick installed
at grade.
B. Private encroachments requiring prior written approval of the •
General Services 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 planing
areas may be installed:
1} at each side of the prolongation of the street
and 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.
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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. Except as provided for in Paragraphs C. and D. below,
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.
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.
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1) Portland Cement Concrete. Six inches over
native compacted material.
2) Asphalt Concrete. Two and one -half inches
of asphalt concrete over a six - inch -thick
aggregate.
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 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
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C. Landscaping of 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.
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
of alley improvement to the northerly line of the
ocean front.
4. If, in the opinion of the General Services 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.
C. Where street ends or alley ends are improved in accordance
with City standard design criteria, standard drawings, and
standard specifications, no approval of the General Services
Department or Parks, Beaches, and Recreation Commission is
required. An encroachment permit shall be obtained from the
Public Works Department.
D. In West Newport, from 36th Street to Summit Street, street ends
will be improved as provided for in Policy L-12.
E. Private encroachments requiring a permit from the Public
Works Department:
1. Standard drive approaches.
2. Standard curb, gutters, sidewalks, and street pavement.
3. Carriage walks and parkway surfacing of standard
Portland cement concrete, textured concrete, or brick
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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.
F. 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.
V. Maintenance
All improvements made under the provisions of this policy shall be
maintained by and at the expense of the owners of adjacent property.
VL 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 permittee to restore said
improvements to an acceptable condition, and further, setting forth a
specified date by which time the improvements must be restored.
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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.
Adopted - August 24, 1981
Amended - November 8,1982
Minor clarifications - November 27,1989
Amended -January 24,1994
Formerly L-10
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