HomeMy WebLinkAbout26 - Lido Isle Community Association Request for Waiver of City Council Policy L-6 and Associated Encroachment Permit FeesTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
September 14, 2021
Agenda Item No. 26
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov
Abigail Cooke, Associate Civil Engineer,
acooke@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Resolution No. 2021-85: Lido Isle Community Association Request for
Waiver of City Council Policy L-6 and Associated Encroachment
Permit Fees (Encroachment Permit No. N2021-0425)
ABSTRACT:
The Lido Isle Community Association (HOA) has requested a waiver of City Council
Policy L-6 to annually install lighted garland and wreaths on each side of the Lido Isle
bridge during the December holiday season. The HOA has also requested that the City
Council waive a portion of the encroachment permit related fees for Encroachment Permit
No. N2021-0425. Lastly, the HOA has requested that the City Council review and
approve all components of the requested waivers at its September 14, 2021 meeting to
help the HOA plan for the 2021 December holiday season.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Waive City Council Policy L-6, Encroachments in the Public Rights -of -Way, to
authorize that the City Council rather than the Planning Commission be designated to
grant or deny the requested waiver of City Council Policy L-6;
c) Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to allow
installation of lighted garland and wreaths on each side of the Lido Isle bridge (with
power provided from a City outlet), contingent upon all conditions of the Encroachment
Permit process being met;
d) Adopt Resolution No. 2021-85, A Resolution of the City Council of the City of Newport
Beach, California, Waiving City Council Policy L-6 (Encroachments in Public Rights -
of -Way) and Approving Encroachment Permit No. N2021-0425 to Install Seasonal
Lighted Garland and Wreaths on the Lido Isle Bridge; and
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Resolution No. 2021-84: Lido Isle Community Association Request for Waiver of City
Council Policy L-6 and Associated Encroachment Permit Fees
(Encroachment Permit No. N2021-0425)
September 14, 2021
Page 2
e) Accept Councilmember Diane Dixon's payment of $1,000 for this permit fee from
her City Council discretionary funds, and consider the request by the HOA to waive
the remaining portion of the applicable encroachment permit related fees
($3,175.00) for Encroachment Permit No. N2021-0425:
i. If it is desired to waive the remaining portion of the applicable encroachment
permit fees, direct staff to waive the remaining portion of the applicable
encroachment permit related fees ($3,175.00) for Encroachment Permit No.
N2021-0425, OR
ii. If it is desired to deny the applicant's request to waive the remaining portion
of the applicable encroachment permit fees, direct the applicant to pay the
remaining portion of the applicable encroachment permit related fees
($3,175.00) for Encroachment Permit No. N2021-0425.
DISCUSSION:
The Lido Isle Community Association is requesting to annually install lighted garland and
wreaths on each side of the Lido Isle bridge during the December holiday season. City
Council Policy L-6 (Policy) prohibits the proposed encroachments within the public right-
of-way and the HOA is requesting a waiver of the Policy to install the decorative lighting.
The HOA is also requesting that the City Council waive the fees associated with the
encroachment permit process. Please see the attached location map, applicant's letters
(dated August 25, 2021 and August 27, 2021) and plans (Attachments C through E) for
specific details regarding holiday decorations/lighting request. The HOA's encroachment
agreement submittal includes a request to allow the HOA to power its holiday decorations
from a City of Newport Beach (City) power source on the bridge. The HOA is also
requesting that the City Council review and approve all components of the HOA's
requested waivers to streamline the proposed project so that it is ready for the 2021
December holiday season.
City Council Policy L-6, Encroachments in Public Rights -of -Way, is included as
Attachment A. It 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 and/or encroachment agreements.
A section of the Policy titled Private encroachments that are prohibited without a waiver
and approval outlines private encroachment prohibitions including private lighting within
the public right-of-way. The HOA is requesting a waiver of this policy to annually install
lighted garland and wreaths on each side of the Lido Isle bridge within the Via Lido right-
of-way.
The annual decorations would be complementary to and enhance the area during the
December holiday season and annual Christmas Boat Parade. The existing public
sidewalk along both sides of the bridge would remain unobstructed.
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Resolution No. 2021-84: Lido Isle Community Association Request for Waiver of City
Council Policy L-6 and Associated Encroachment Permit Fees
(Encroachment Permit No. N2021-0425)
September 14, 2021
Page 3
Staff supports the policy waiver for the proposed private encroachments. In staff's review
of the site conditions, the proposed improvements:
• Do not hinder the use of the public right-of-way
• Will not be detrimental to the health, safety, and welfare of the public
• Do not diminish the rights of the public, present and future at this location, provided
an encroachment agreement between the City and HOA will be executed.
The HOA also requests a waiver of the remaining portion of the encroachment permit
fees associated with encroachment permit No. N2021-0425. The proposed permit fee is
$4,175 and includes permit processing, public meeting preparation for the L-6 waiver,
required public noticing, and encroachment agreement and inspection fees.
Councilmember Diane Dixon has committed to paying $1,000 of this permit fee from her
City Council discretionary funds. The fee waiver amount requested by the HOA is thus
$3,175.
Should the City Council approve the waiver of the existing private improvements and
appurtenances, one of the conditions of approval is for the HOA to enter into an
encroachment agreement with the City, consistent with Policy L-6. The encroachment
agreement specifies the rights of the City and any liability associated with the private
improvements would be transferred to the HOA. Additionally, if the need for public
improvements should arise in the future, the HOA shall agree to remove all improvements
at no cost to the City. The agreement also includes a provision, in accordance with
Council Policy L-6, delegating further annual review and continued approval of this permit
to the City Manager. The agreement will be recorded and provides important notice to the
HOA and protects the City.
FISCAL IMPACT:
If the City Council waives the $3,175 encroachment permit fees, the General Fund would
subsidize that one-time cost. In addition, the ongoing annual cost of electricity for the
holiday decorations would be also subsidized by the General Fund, estimated to be up to
$100 per holiday season.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to 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 it has no
potential for resulting in physical change to the environment, directly or indirectly.
26-3
Resolution No. 2021-84: Lido Isle Community Association Request for Waiver of City
Council Policy L-6 and Associated Encroachment Permit Fees
(Encroachment Permit No. N2021-0425)
September 14, 2021
Page 4
NOTICING:
Notice of this hearing was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including the
HOA and posted on the subject property at least 10 days before the scheduled meeting,
consistent with the provision of the Municipal Code. Additionally, the items appeared on
the agenda for this meeting, which was posted at City Hall and on the City website. The
agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— City Council Policy L-6
Attachment B
— Resolution No. 2021-85
Attachment C
— Location Map
Attachment D
— Applicant's Letters
Attachment E
— Plans and Renderings
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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 Commission 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 Commissions 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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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 (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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L-6
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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L-6
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 encroachments 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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(1970, 03/ 09) - I-12 - Amended
(1971, 02/08) - L-6 - Reaffirmed
(1972,02/14) - L-6
- Amended
(1972, 02/14) -1-12
- Reaffirmed
(1973,12/10) - L-6 - Reaffirmed
(1973,12/ 10) - I-12
- Amended
(1974,11/11) - L-6
- Reaffirmed
(1974,11/11) -1-12
- 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 I-12 & L-10
(1981,11/23) - L-6 - Amended
(1982,11/08) - L-10
- Amended
(1986,10/27) - L-6 -
Amended
(1987, 01/26) - 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 (Encroachments on Public Sidewalks)
(1993, 07/12) - L-6 -
Amended
(1994,01/24) - L-6 -
Amended
(1994, 01/24) - L-7 -
Reaffirmed
(1994, 01/24) - 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
12
26-16
ATTACHMENT B
RESOLUTION NO. 2021- 85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY
COUNCIL POLICY L-6 (ENCROACHMENTS IN PUBLIC
RIGHTS-OF-WAY) AND APPROVING ENCROACHMENT
PERMIT NO. N2021-0425 TO INSTALL SEASONAL
LIGHTED GARLAND AND WREATHS ON THE LIDO
ISLE BRIDGE
WHEREAS, an application was filed by the Lido Isle Community Association
("Applicant") requesting approval of an encroachment permit with respect to the Lido Isle
Bridge ("Property");
WHEREAS, the Applicant requests annual installation of lighted garland and
wreaths on each side of the Property during the December holiday season
("Decorations");
WHEREAS, City Council Policy L-6 (Encroachments in Public Rights -of -Way)
("Council Policy L-6") prohibits lighting in the public right-of-way without a waiver of the
policy and approval of the encroachment permit;
WHEREAS, Council Policy L-6 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 right-of-way;
WHEREAS, the Decorations do not diminish the public's right to use the Property
as the existing public sidewalk along both sides of the Lido Isle Bridge would remain
unobstructed and walkable by the public;
WHEREAS, the Decorations are not be a detriment to the health, safety, and
welfare of the public as they would be complementary to and enhance the area during
the December holiday season and annual boat parade; and
WHEREAS, the City Council held a public meeting on September 14, 2021, in the
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 of seq. ("Ralph M. Brown Act") and City Council Policy L-6.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
26-17
Resolution No. 2021 -
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council of Newport Beach hereby waives City Council
Policy L-6 (Encroachments in Public Rights -of -Way) and approves Encroachment Permit
No. N2021-0425, subject to the conditions of approval set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
26-18
Resolution No. 2021 -
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of September 2021.
Brad Avery
Mayor
ATTEST:
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron. Harp
City A orney
Attachment(s): Exhibit A — Conditions of Approval
26-19
EXHIBIT "A"
CONDITIONS OF APPROVAL
PUBLIC WORKS DEPARTMENT
The Project shall be in substantial conformance with the approved plans and renderings
and dated with the date of this approval.
2. The Project is 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. The Owner shall remove all encroachments at no cost to the City if the need for public
improvements should arise in the future.
6. The Owner shall install decorations on an annual basis during the December holiday
season.
7. 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 Lido Isle Community Association Encroachment including, but not limited to,
Encroachment Permit No. N2021-0425. 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.
26-20
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CITY OF NEWPORT BEACH
VICINITY MAP PUBLIC WORKS DEPARTMENT
SEPT. 14, 2021
26-21
August 25, 2021
David Webb
Director of Public Works
City of Newport Beach
100 Civic Center Drive, Bay 2D
Newport Beach, CA 92660
RE: Addition of two power outlets at the Lido Island Bridge for Holiday Lighting
Dear David,
In the spirit of the holidays, Lido Isle would like to enhance and support the Annual Newport Beach
Holiday Boat Parade with the lighting the Lido Bridge! We hope that our contribution adds to the
delight of all that partake in the parade, spectators, as well as other visitors, Lido Isle residents and
surrounding neighbors enjoying the lights and decorations for the holidays; and that all find that this
festive addition to the harbor adds to their holiday cheer and positive impression of our beautiful City.
Enclosed for you is a sketch of the proposed decorations on the Lido bridge as well as an image of the
high-quality commercial grade garland and wreaths that would be utilized on the bridge. Similar to
Balboa Island, the decorations would incorporate lite garland and a large wreath centered at each side.
(The cost of these decorations, installation, removal and storage will be a Lido Isle Community
Association expense.) The intent is to have the decorations up every year from after Thanksgiving to the
New Year holiday; the exact dates are dependent on availability of the commercial installation crews.
We have been working with your very helpful team of Abby Cook and Casey Parks to understand what is
required for the City of Newport Beach to add power to the Lido Bridge for these decorations. We
understand that the cost of $6406.00 for the City Operations group to provide two outlets at the bridge
entry, one at each side of the bridge, would be paid by the Lido Isle Community Association. (Each side
of the bridge needs a 4-plex outlet inside a locking box with a 1" diameter opening for power cord
access. A drawing that indicates the source and location of these power outlets is attached.)
We hope that this project meets with your approval. In the meantime, please let us know if you have
any questions or need any additional information.
Kind Regards,
/(� �'
Ken Wirgler
President, Lido Isle Community Association
701 Via Lido Soud
Newport Beach, CA 92663
26-22
lido isle
2 c+ommug1ty
association
701 VIA LI00 SCUD. NEWPORT BEACH. GA 92863
TELEPHONE (9491673-6170 • FAX [949) 67MB27
August 27, 2021
Dear Newport Beach City Council Members,
The Lido Isle Community Association Board of Directors approved at the Augusts 11, 2021 Board
meeting to professionally install lighted garland and a wreath for the center which will be on each side
of the Lido Isle bridge. The intent is to make the entry to Lido Isle festive for the Holiday season and the
annual boat parade, similar to the Balboa Island bridge.
The Board agreed to pay the one time required installation of electricity as it will be needed to have
lights on the bridge and tying into what is currently on bridge will not suffice per the City of Newport
Beach Utilities Department. This enhancement work will be done thru the City of Newport Beach with
the Association reimbursing for the electrical work approximately $6,500.
The decorations will be used annually and the associations initial cost will be $16,313 to have them
installed, removed and stored.
On behalf of the Board, I am kindly requesting to have the Encroachment Agreement and Inspection fee
of $4,175.00 waived.
On behalf of all residents of Lido Isle and the Newport Beach Community, we are hopeful the fee can be
waived and voted on at the September 14, 2021 City Council meeting.
Thank you,
Shelly O'Sullivan, General Manager
On behalf of the Lido Isle Board of Directors
26-23
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