HomeMy WebLinkAbout2.0_Kim Residence Encroachments_PA2019-146CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
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SUBJECT: Kim Residence Encroachments (PA2019-146)
• Encroachment Permit No. N2019-0337
SITE LOCATION: 104 Via Orvieto
APPLICANT: Paul and Annie Kim
OWNER: Paul and Annie Kim
PLANNER: Abby Cooke, Assistant Engineer
949-644-3323, acooke@newportbeachca.gov
PROJECT SUMMARY
September 19, 2019
Agenda Item No. 2
A request to waive City Council Policy L-6 to retain the existing non -compliant private
improvements consisting of a step and two low planter walls located within the Via Orvieto
public right-of-way.
RECOMMENDATION
1) Find the project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
2) Waive City Council Policy L-6, Encroachments in Public Rights-of-Wav, to retain non-
compliant private improvements consisting of a step and planter walls that encroach
into the Via Orvieto public right-of-way, contingent upon all conditions of the
Encroachment Permit process being met; and
3) Adopt Resolution No. PC2019-027 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2019-0337 (Attachment No. PC 1).
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Kim Residence Encroachments (PA2019-146)
Planning Commission, September 19, 2019
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Kim Residence Encroachments (PA2019-146)
Planning Commission, September 19, 2019
Page 3
The property owners of 104 Via Orvieto ("Owner") recently submitted plans for site
improvements at 104 Via Orvieto. As part of a required Public Works water meter
relocation inspection, staff identified a step, existing planter walls and decorative
walkways located within the public right-of-way. Plans from a 1997 construction project
included the planter walls and a note stating that an encroachment permit is to be
obtained for all work within the right-of-way. However, an encroachment permit was not
obtained for the planter walls.
The Owner is requesting a waiver of City Council Policy L-6 ("Policy") to retain the existing
step and two 11-inch tall planter walls that encroach up to 2.5 feet into the public right-of-
way on Via Orvieto. Because the improvements are not consistent with the Policy,
Planning Commission review of a waiver of the Policy is required.
The Owner is also requesting to retain a decorative 91-inch-wide brick walkway and a 46-
inch-wide tile walkway along the Via Orvieto frontage that are consistent with the Policy.
As such, the decorative walkway requires the execution of a standard encroachment
agreement, an administrative task subject to the approval of the Public Works Director or
designated staff, and does not require Planning Commission approval. Please see
attached site plan and site photos (Attachment Nos. PC 2 and PC 3) and the owner letter
dated June 30, 2019 (Attachment No. PC 4).
DISCUSSION
City Council Policy L-6, Encroachments in Public Rights -of -Way, explains and describes
how 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. The Policy specifies allowable and
prohibited encroachments and describes the required permits or encroachment
agreements (Attachment No. PC 5).
Section A (Private encroachments that are prohibited without a waiver and approval) of
the Policy outlines private encroachment prohibitions including "...structural
encroachments including, but not limited to, fences, walls, patios, raised planters, etc.,
which encroach in excess of one (1)-foot into the public right-of-way or exceeds three (3)-
feet in height..." The Owner is requesting a waiver of this Policy to allow the retention of
the existing step and planter walls that encroach up to 2.5 feet into the Via Orvieto public
right-of-way and measures up to 11 inches in height from adjacent sidewalk grade.
Several items have been taken into consideration in reviewing this matter:
1) The existing non -compliant step and planter walls have been in place for many
years and appear complementary to the area; adjacent neighbors have similar
private encroachments within the Via Orvieto right-of-way. Some of the adjacent
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Kim Residence Encroachments (PA2019-146)
Planning Commission, September 19, 2019
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encroachments are permitted through an encroachment permit and agreement,
whereas others have been constructed without approval;
2) There are no current plans to widen the sidewalks within the Via Orvieto public
right-of-way;
3) The existing private improvements do not presently diminish the rights of the public
along the Via Orvieto right-of-way;
4) The improvements are low to the ground and do not block public views along Via
Orvieto;
5) The existing improvements have been in place for many years and do not appear
to be hazardous;
6) There are no existing City utilities within the encroachment area; and
7) Approval would require the Owner to enter into an encroachment agreement to
allow the proposed improvements as requested, and any liability associated with
the proposed private improvements would be transferred to the Owner.
Additionally, if the need for public improvements should arise in the future, the
Owner shall agree to remove all encroachments at no cost to the City.
The Public Works Director and staff have reviewed this request and support this policy
waiver. In staff's review of the site conditions, the proposed improvements do not hinder
the use of the public right-of-way, including the existing sidewalks. The existing private
improvements will not be a detriment to the health, safety and welfare of the public. The
retention of the private improvements will not diminish the rights of the public at this
location, present and future, provided an encroachment agreement between the City and
the Owner is executed.
The subject property is located within the Categorical Exclusion Area of the coastal zone.
The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-C) and it
is located within the Single -Unit Residential (R-1) Coastal Zoning District. Pursuant to
NBMC Section 21.52.035(C)(1), the project is exempt from the requirements of a coastal
development permit since the existing improvements do not change the principal use of
the residence, is accessory to the residence, and do not result in an increase of gross
floor area, height, or bulk of the dwelling structure by more than 10 percent.
Should the Planning Commission elect to approve the waiver and retention of the said
private improvements and appurtenances, staff recommends that the Planning
Commission require the Owner to enter into an encroachment agreement with the City
consistent with the Policy. The encroachment agreement specifies the rights of the City
including future removals and the responsibilities of the property owner. The
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Kim Residence Encroachments (PA2019-146)
Planning Commission, September 19, 2019
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encroachment agreement is recorded onto the property's title and provides important
notice and protections for the City and for the current and future property owners.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because the existing improvements have been in place since 1997,
thereby have no potential for resulting in physical change to the environment, directly or
indirectly.
Public Notice
The agenda item has been noticed according to the Brown Act and City Council Policy L-
6 that requires mailed notice to property owners at least 10 days in advance of the
meeting at which the Planning Commission considers the item.
Prepared by:
Abby Cooke
Assistant Engineer
Submitted by:
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Jim Campbell
Deputy Community Development Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Site Plan
PC 3 Site Photos
PC 4 Owner Letter dated June 20, 2019
PC 5 City Council Policy L-6
01/12/18
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2019-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL
POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO.
N2019-0337 FOR A REQUEST TO RETAIN EXISTING
IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY
LOCATED AT 104 VIA ORVIETO (PA2019-146)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Paul and Annie Kim (collectively, "Owner"), requesting approval
of an encroachment permit with respect to property located at 104 Via Orvieto, Newport
Beach, California and legally described as Lot 94 and the South West 15 feet of Lot 93 of
Tract 907, in the City of Newport Beach, County of Orange, California as per map recorded
in Book 28, Page(s) 25 to 36, inclusive of Miscellaneous Maps in the Office of the County
Recorder of said County, APN: 423-241-08 ("Property").
2. The Owner requests to retain existing non -compliant improvements within the Via Orvieto
public right-of-way including a step and two (2) 11-inch-high planter walls that encroach up
to two (2) feet and six (6) inches into the public right-of-way (the "Action").
3. The requested encroachment is not specifically provided within City Council Policy L-6,
thus, the requested encroachment is prohibited under Section A (Private encroachments
that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the
requested encroachment may only be approved upon the waiver of City Council Policy L-
6 and approval of the encroachment permit by Planning Commission.
4. A public meeting was held on September 19, 2019, in the City Council Chambers located
at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
hearing was given in accordance with California Government Code Section 54950 et seq.
(`Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
5. The Property is located within the coastal zone and the retention of the existing
improvements or the construction of an identical replacement planter would be exempt
from requiring a Coastal Development Permit pursuant to Section 21.52.035(C)(1) of the
NBMC, that exempts ancillary structures normally associated with single-family
residences.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Action is categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
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Planning Commission Resolution No. PC2019-027
Paqe 2 of 4
project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because existing improvements have been in place since 1997,
thereby have no potential for resulting in physical change to the environment, directly or
indirectly.
SECTION 3. REQUIRED FINDINGS.
In accordance with City Council Policy L-6, Encroachments in Public Rights -of -Way, the
following findings and facts in support of such findings are set forth:
Finding:
A. The existing private improvements will not be a detriment to the health, safety and welfare
of the public.
Facts in Support of Finding:
1. There are no current plans to widen the sidewalks within the Via Orvieto public right-of-
way. The existing improvements, which have been in place since 1997, include a step
and two (2) 11-inch-high planter walls. There is also an existing compliant 91-inch-wide
decorative brick walkway and a 46-inch-wide decorative tile walkway. These
encroachments do not hinder the present or future use of the public right-of-way,
including sidewalks, and there are no existing City utilities located within the
encroachment area.
2. The existing private improvements do not impede coastal public access, degrade visual
quality of public coastal view or have any potential impact to sensitive habitat in the
Coastal Zone for the following reasons:
a. The existing private improvements are within the Via Orvieto public right-of-
way.
b. Via Orvieto is centrally located in Lido Isle and is not a coastal view road as
designated by the Local Coastal Plan.
c. The improvements are low to the ground and do not block public views along
Via Orvieto
d. The existing private improvements do not impede public vehicular or
pedestrian access.
e. The existing private improvements do not impede access to City public
utilities.
3. The encroachment permit is subject to an encroachment agreement and one (1)
condition of the agreement is to remove the improvements should it interfere with future
public needs.
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Planning Commission Resolution No. PC2019-027
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Finding:
B. The individual circumstances applicable to this application and the proposed encroachment
are consistent with the public interest.
Facts in Support of Finding:
1. The existing improvements have been in place for many years and do not appear to be
hazardous.
2. The proposed improvements appear complementary to the area as adjacent properties
have similar existing encroachments.
69x0r[•LEIII DO 769NPI
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy
L-6 and approves Encroachment Permit No. N2019-0337, subject to the conditions set
forth in Exhibit 'A" which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution is adopted unless within such time an appeal or call for review is filed with
the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 19t" DAY OF SEPTEMBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
M
Peter Koetting, Chairman
Lee Lowrey, Secretary
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Planning Commission Resolution No. PC2019-027
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PUBLIC WORKS DEPARTMENT
1. The proposed encroachments shall be in substantial conformance with the approved site
plan stamped and dated with the date of this approval.
2. The proposed encroachments are subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
3. The Owner shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this
Encroachment Permit and any associated Encroachment Agreements.
4. The Owner shall enter into an Encroachment Agreement within one (1) calendar year
upon receipt of approval, otherwise this approval shall automatically expire.
5. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Kim Residence Encroachments (PA2019-146) including, but not limited to,
Encroachment Permit No. N2019-0337. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Owner, City, and/or the parties initiating or bringing such
proceeding. The Owner shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The Owner shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
In
Attachment No. PC 2
Site Plan
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Attachment No. PC 3
Site Photos
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Attachment No. PC 4
Owner Letter dated June 20, 2019
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Yahoo Mail - Encroachment Permit for 104 Via Orvieto N2019-0337
6/20/19, 11:23 AM
Encroachment Permit for 104 Via Orvieto N2019-0337
From: Paul S. Kim (mrpskim@yahoo.com)
To: mrpskim@yahoo.com
Date: Thursday, June 20, 2019, 11:23 AM PDT
To Planning Commission,
I am writing to you as the homeowner of 104 Via Orvieto Newport Beach, CA 92663. We
would like to request a waiver of City Council Policy L-6 for the Encroachment Permit re our
front planters and stairs. I have attached the drawings for your review as well as list of names
and addresses of all the property owners located 300 feet of our property.
Also, please note the following:
• There are 39 homes on Via Orvieto of which 18 of the homes have the same type of
planter (encroaching on city property) as we have in our home. We are being singled out
to comply with this encroachment issue which seems common in our neighborhood.
• We purchased our home in 2017 and the planters were already existing. Our home was
originally built in 1997 and the planters were on the plan in 1997.
• We remodeled our home in 2018 but we did not touch the planter or the front stairway.
These items were on the original plan.
• Per city's request, I spent $6000 to relocate the water meter to the sidewalk earlier this
year even though the water meeter was not touched during our remodel.
This situation is causing undue financial and emotional strain on our family. We are doing
everything possible to be in compliance and receive the encroachment permit. Please let me
know when this matter would be on the Planning Commission agenda so we can appeal our
case. I greatly appreciate your assistance.
Sincerely,
Paul
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Attachment No. PC 5
City Council Policy L-6
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L-6
ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way shall be reserved for public
use or open space; and that the rights of the public, present and future, shall not be
diminished by the installation of private improvements within the public rights -of -way.
For any project located within the Coastal Zone also look to Newport Beach Municipal
Code Title 21, or any successor title.
Categories of encroachments and improvements are listed below, together with the
permit requirement for each category.
Permit and/or encroachment agreement required.
A. Except as expressly set forth herein, permits and/or encroachment agreements are
required for encroachments into the public rights -of -way.
B. 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. Drawings for encroachment
permits requiring Planning Commission review shall be prepared to scale. Plan
and elevation drawings shall accurately depict location, height, and extent of the
proposed encroachments.
C. If the application is for a permit required under private encroachments that are
prohibited without a waiver, it shall be submitted to the Planning Commission for
consideration.
1. The Planning Commission is designated to grant or deny a waiver and
approve, conditionally approve, or deny applications for encroachment
permits, subject to the findings in subsection (a), of this Section.
a. The Planning Commission may grant a waiver and may approve or
conditionally approve an application for an encroachment permit if
the Planning Commission finds the encroachment will not be a
detriment to the health, safety, and welfare of the public.
b. If an application for a private encroachment that is prohibited
without a waiver is part of a larger approval requiring City Council
approval, then the Planning Commission shall make a
recommendation to the City Council regarding whether this policy
should be waived and the permit granted.
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C. The Planning Conunission shall have discretion to refer any request
for a waiver or encroachment permit before the Planning
Commission to the City Council for consideration.
d. Any decision made by the Planning Commission may be appealed
or called for review in accordance with Chapter 20.64.
2. Notice of the Planning Commission's review of a request to waive a
provision of this policy shall be:
a. Mailed to property owners within 300 feet of the project site at least
ten (10) calendar days in advance of a meeting. The notice shall
contain the address of the project site, the applicant's name, a brief
description of the improvements, date, time, and place of the
meeting, and a statement informing the public that they have the
ability to provide comments to the Planning Commission; and
b. Posted on or close to the subject property in a prominent location at
least ten (10) calendar days before the scheduled hearing by the
Planning Commission in the following manner:
i. One or more sign(s) shall be posted as determined by the
Public Works Director.
ii. The size and location of the sign(s) shall be as determined by
the Public Works Director.
iii. The applicant for the encroachment permit/waiver shall be
responsible for maintaining the sign(s) in a satisfactory
condition.
iv. The applicant for the encroachment permit/waiver shall
remove all sign(s) at the end of the appeal period.
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L-6
Private encroachments that are prohibited without a waiver and approval.
A. All structural encroachments including, but not limited to, fences, walls, patios,
raised planters, landscaping, etc., which encroach in excess of one (1)-foot into the
public right-of-way, or exceed thee (3)-feet in height, measured from the top of
curb elevation/or from sidewalk elevation where sidewalk exists.
B. Driveway approaches not conforming to Council Policy L-2.
C. Modifications to original design concepts approved by the City.
D Private signs except as provided for in the Building Code.
E. Lighting.
F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than
standard or colored/textured concrete or flat stone/brick/pavers installed at
grade.
G. Private dwellings and appendages including raised patios decks and bay
windows, except as provided for in this section and the Building Code.
H. Pay telephones and private mail carriers drop boxes.
General private encroachments that require an encroachment permit and if applicable,
an encroachment agreement from the Public Works Department.
A. Drive approaches conforming to Council Policy L-2.
B. Standard sidewalks.
C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area).
D. Parkway surfacing (standard or colored/textured concrete or flat stone/brick)
installed at grade (not to exceed twenty-five percent (25%) of the parkway area).
E. CATV and public utility facilities.
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L-6
F. Structural encroachments including, but not limited to, fences, walls, patios, raised
planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet
in height within 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
Planning Commission review is warranted, the Department may forward the item
to the Planning Commission for action in accordance with the procedures set forth
for granting waivers for private encroachments that would otherwise be
prohibited.
G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed
per U.S. Postal Service requirements. Mailbox base construction length and width
shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever
is less.
H. The placement of utility pedestals shall be at the back of sidewalks on arterials and
major pedestrian thoroughfares without zero setbacks. There shall be at least four
(4) feet of clear sidewalk width and/or pedestals shall be placed in the parkway
outside of walk area.
I. When connecting to or relocating public utilities.
J. Artificial Turf (permeable) up to 100% of the required parkway landscape area.
Artificial turf grass shall be installed in accordance to manufacturers'
recommendations. Material must be securely anchored and maintained so as to
eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other
type of material performance. Material shall be replaced prior to the
aforementioned conditions occur. Prohibited application: Indoor and outdoor
carpet, green in color or otherwise. The Director of Public Works shall from time
to time update the standards for this application. See Artificial Turf Material and
Installation Standards.
K. Tree and shrub planting and removal.
L. Median landscaping.
If, in the opinion of the Public Works Departments, the approved planting is not being
maintained for view, safety clearance and sight distance, Newport Beach Municipal Code
Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to
remove offending plant material.
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L-6
The permit applicant shall reimburse the City of Newport Beach for the value of any City
tree removed by this process. This value shall be determined by the City Arborist using
the International Society of Arboriculture's "Guide for Plant Appraisal" or a minimum
forty-eight (48) inch box tree replacement value.
Area specific private encroachments requiring an encroachment permit from the Public
Works Department and subject to the execution of an encroachment agreement for
non-standard improvements.
A. Structural encroachments which do not exceed three (3) feet in height measured
from the top of curb elevation/or from sidewalk elevation where sidewalk exists,
including, but not limited to fences, walls, and raised planters in public rights -of -
way in areas that are more than eight (8) feet behind the face of curbs on the
following streets:
1. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
B. Permitted Structural Encroachments on Balboa Island along South Bay Front,
North Bay Front, Grand Canal, and East Bayfront are as follows:
1. Planters that do not exceed one (1) foot in height may be installed between
the back of existing sidewalk and property line, planted with ground cover
and shrubs not to exceed two (2) feet in height measured from sidewalk
elevation;
2. Fences and walls with a minimum setback of two (2) feet six (6) inches from
back of sidewalk.
a. For patios constructed at grade elevation to one (1) foot above
sidewalk grade elevation, fences and walls may be three (3) feet high
above sidewalk grade.
b. For patios constructed greater than one (1) foot above sidewalk
grade elevation, fences and walls must be set back a minimum of
three (3) feet from back of sidewalk, not exceed two (2) feet six (6)
inches in height above the patio, have at least forty percent (40%)
visibility through them, and not to exceed four (4) feet in height
above existing public sidewalk grade.
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L-6
3. Patios with a minimum setback of two (2) feet six (6) inches from the back
of sidewalk.
a. Raised Patios are permitted provided they have a maximum height
of two (2) feet six (6) inches above sidewalk grade, are set back a
minimum of two (2) feet six (6) inches 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 two (2) feet six (6)
inches from back of sidewalk.
C. Structural encroachments 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:
1. Southerly side of West Bay Avenue between 8th Street and 15th Street.
D. Non-standard encroachments, including, but not limited to fences, walls, and
raised planters within City easements as approved by the Public Works Director.
E. Buena Vista Boulevard - Bay Avenue to Edgewater Avenue. The street right-of-
way in this reach is ten (10) feet wide, with private property on both sides of the
public way. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the
right-of-way line maintained by the City.
2. Landscaping under twenty-four (24) inches in height 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. Private
improvements such as walls, fences, gates, signs and living areas such as
cabanas and other roofed structures shall not be allowed.
3. Access to existing private piers and floats shall be allowed where a harbor
permit has been granted, but such access structures shall not be expanded
beyond the original permit dimensions.
F. Edgewater Avenue - Buena Vista Boulevard to Island Avenue. The street right-
of-way in this reach is forty (40) feet wide with private property on the inland side.
The bay side is improved with a privately constructed bulkhead on public
property. Improvements allowed at this location shall consist of the following:
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A minimum six (6) foot wide public sidewalk along the inland side of the
right-of-way line maintained by the City.
2. Landscaping under twenty (24) inches in height 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.
3. 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.
G. Edgewater Avenue - Island Avenue to Alvarado Street. The street right-of-way
in this reach is forty (40) feet 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:
1. A minimum six (6) foot wide public sidewalk along the inland side of the
right-of-way maintained by the City.
2. 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 existing piers and floats where a harbor or a
mooring permit has been granted, but such access structures shall not be
expanded beyond the original permit dimensions. Any existing permits to
encroach on the right-of-way shall be rescinded
H. Edgewater Avenue - Alvarado Street to Fernando Street. The street right-of-way
in this reach is fifty (50) feet 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 and within State Tidelands. Improvements allowed at this
location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the
right-of-way maintained by the City.
2. 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 existing piers and floats where a harbor permit
has been granted, but such access structures shall not be expanded beyond
the original permit dimensions.
Bay Front Street Ends
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1. Bay front street ends at beach level may contain two (2) foot wide planting
areas bounded by redwood or concrete strips and containing hedges no
more than two (2) feet in height above the adjacent surface. The planting
areas may be installed:
a. At each side of the prolongation of the street and extending no more
than fifteen (15) feet from the end of the paved street.
b. At the end of the paved street, except that a twelve (12) foot wide
opening must be left for City emergency and maintenance
equipment, and pedestrians to enter the beach area.
2. 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 shall be provided for in
any such specific plans.
3. Improvements shall be installed at the expense of the adjacent property
owners.
4. Landscape maintenance and watering shall be provided by the adjacent
property owners to the satisfaction of the City. A sprinkler system
connected to the adjacent property shall be installed in each planter
J. Unimproved Ocean Front Street Ends
1. Improvements shall be installed at the expense of the adjacent property
owners.
2. Landscape maintenance and watering shall be provided by the adjacent
property owners to the satisfaction of the City. A sprinkler system
connected to the adjacent property shall be installed in each planter.
3. All work shall be installed to grades established by the Public Works
Department.
4. A four (4) foot wide sidewalk shall be provided on each side of the street
right-of-way adjacent to the property line.
5. A minimum of twelve (12) feet of unobstructed access to the beach in the
center of the right-of-way shall be surfaced with brick, asphalt, concrete or
artificial turf, or an equivalent surfacing approved by the City.
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L-6
a. Portland Cement Concrete. A minimum six (6) inches over native
compacted material.
b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt
concrete over a six (6) inch thick aggregate.
C. 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 one -quarter (1/4) to one-half (1/2) inch space between
bricks. The dry mix shall be moistened with a fine spray of water
after it is in place.
6. Planters five (5) feet wide shall 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 materials shall be installed to City
specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick
or rock may be installed as part of the planter.
7. Special provisions shall be made in the design when garage access is
required from street ends.
8. Where unusually large quantities of sand exist in a street end area, the City
shall assist the adjacent owners by moving the sand to an area determined
by the City.
K. Unimproved Alleys that End at the Ocean Front
1. Improvements shall be installed at the expense of the adjacent property
owner.
2. All work shall be installed to grades established by the Public Works
Department.
3. Landscaping of potted plants shall be permitted in the portion of the alley
right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide
inviting passageway shall be maintained for pedestrian access.
4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick,
asphalt, concrete or equivalent surfacing.
5. Improvements shall extend from the nearest street of alley improvement to
the northerly line of the ocean front.
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If, in the opinion of the Public Works Department, the nature or location of this type of
encroachment is such that Planning Commission review is warranted, the Department
may forward the application to the Planning Commission for original action in
accordance with the procedures set forth for granting waivers for private encroachments
that would otherwise be prohibited.
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.
Private encroachments not requiring a permit.
A. Parkway lawn, ground cover and drought tolerant planting. Parkway areas with
the exception of carriage walks/parkway paving/artificial turf shall be entirely
planted with lawn, ground cover and/or drought tolerant planting.
B. Parkway sprinkling systems.
C. Use of public streets and projections over public property, which are covered by
the latest adopted edition of the California Code of Regulations Title 24 under a
valid building permit issued by the City.
Encroachments on public sidewalks
Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore,
the policy of the City that public sidewalks are to provide unobstructed passage
whenever possible.
Sidewalks shall be reserved for public use and the rights of the public shall not be
diminished by the installation of benches, planters, bicycle racks, etc., by private entities
nor by the installation of facilities by public utilities or other public agencies. It is the
policy of the City that encroachments on public sidewalks shall be subject to the
following:
A. General
1. Permitted encroachments shall not reduce the sidewalk width available for
normal pedestrian movement.
2. Permitted encroachments may be located in areas between tree wells or
other existing improvements as long as they do not interfere with
pedestrian travel.
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L-6
3. Permitted encroachments shall be located at least eighteen (18) inches from
the curb face. In areas where vehicles do not park or otherwise extend over
the sidewalk, this setback may be reduced.
4. Permitted encroachments shall not be located within thirty-six (36) inches
of a parking meter or street light, nor shall they be located where they will
interfere with the normal use of other facilities.
5. Encroachments shall not block access from parked cars.
6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or
driveway.
7. Encroachments may not be chained or otherwise anchored to any tree,
streetlight, parking meter or other property.
8. Applicant shall pay all costs for City and/or the California Department of
Transportation ("CalTrans") permit processing where necessary.
9. Applicant shall pay all costs associated with the installation and
maintenance of the encroaclunents by the City or private installer.
B. Public Benches
1. When applying the above requirements to benches, allowance shall be
made for the space required for a person sitting on the bench.
2. Benches to be installed in an area where there is a theme or bench style shall
conform to that theme or style.
C. Public Bicycle Racks
1. Bicycle racks shall be located to allow bicycles to extend five (5) feet from
the center of the rack and comply with the above requirements.
History
(1969, 08/25) - L-6 - Adopted (Private Encroachments in Public Rights -of -Way)
(1969, 08/25) - I-12 - Adopted (Ocean Front Street -End Improvements)
(1970, 03/09) - L-6 - Reaffirmed
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L-6
(1970, 03/09) - I-12 - Amended
(1971, 02/08) - L-6 - Reaffirmed
(1972, 02/14) - L-6 - Amended
(1972, 02/ 14) - I-12 - Reaffirmed
(1973,12/10) - L-6 - Reaffirmed
(1973,12/10) -1-12 - Amended
(1974,11/11) - L-6 - Reaffirmed
(1974,11/11) - I-12 - Amended
(1975, 08/11) - L-6 - Amended
(1977, 03/14) - L-7 - Adopted (Encroachments and Bay Access on Buena Vista Blvd. -
Edgewater Ave. Between bay Ave. and Fernando St.)
(1977, 09/12) - L-7 - Reaffirmed
(1981, 02/ 09) - L-6 - Amended
(1981, 02/09) -1-12 - Amended
(1981, 08/24) - L-10 - Adopted - incorporating 1-12 & L-10
(1981,11/23) - L-6 - Amended
(1982,11/08) - L-10 - Amended
(1986,10/27) - L-6 - Amended
(1987, O1/26) - L-6 - Amended
(1987, 07/13) - L-6 - Amended
(1989, 02/13) - L-6 - Amended
(1989, 08/ 14) - L-6 - Amended
(1989,11/27) - L-6 - Amended
(1989,11/27) - L-10 - Amended
(1991,12/09) - L-6 - Amended
(1992,12/14) - L-6 - Amended
(1993, 01/11) - L-18 - Adopted (Encroaclunents on Public Sidewalks)
(1993, 07/12) - L-6 - Amended
(1994, O1/24) - L-6 - Amended
(1994, 01/24) - L-7 - Reaffirmed
(1994, O1/24) - L-8 _ Amended - changed to L-8
(1994, 01/24) - L-15 - Amended - changed to L-15
(1994, 05/09) - L-6 - Amended
(1995, 02/27) - L-6 - Amended
(1996, 02/26) - L-6 - Amended
(1996, 02/ 26) - L-15 - Amended
(2001, 05/08) - L-6 - Amended
(2001, 05/08) - L-7 - Amended
(2001, 05/08) - L-8 - Amended
(2015, 01/27) - L-6 - Amended
(2018, 08/14) - L-6 - Amended (incorporating L-6, L-7, L-8 & L-15)
(2018,11/27) - L-6 - Amended
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