HomeMy WebLinkAbout2.0_Pettey Family Trust Encroachment_PA2024-0067CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 23, 2024
Agenda Item No. 2
SUBJECT: Pettey Family Trust Encroachment (PA2024-0067)
▪Encroachment Permit No. N2024-0154
SITE LOCATION: 521 Larkspur Avenue
APPLICANT: Stephanie Pettey
OWNER: Pettey Family Trust
PLANNER: David Keely, Senior Civil Engineer
949-644-3349, dkeely@newportbeachca.gov
PROJECT SUMMARY
A request to waive City Council Policy L-6 to retain existing and construct new non-
compliant private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl
fencing encroaching up to 6 feet and 2 feet 6 inches, respectively, into the 50-foot-wide
Third Avenue public right-of-way. The Third Avenue right-of-way is approximately 10
feet from face of curb to the property line. City Council Policy L-6 (“Policy”) restricts
private improvements, such as the existing and proposed new vinyl fencing, to a
maximum encroachment of 1-foot into the right-of-way and to 36 inches maximum in
height. The Owner is requesting a waiver of the Policy to retain the existing fencing and
install new fencing.
RECOMMENDATION
1)Find the project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section
15303 Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the
environment;
2)Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain
existing and construct new non-compliant private improvements consisting of 3-
foot-tall and 6-foot-tall vinyl fencing that encroach into the Third Avenue public
rights-of-way, contingent upon all conditions of the Encroachment Permit process
being met (Attachment No. PC 1); and
3)Adopt Resolution No. PC2024-009 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2024-0154 (Attachment No. PC 2).
1
INTENTIONALLY BLANK PAGE2
Pettey Family Trust Encroachment (PA2024-0067)
Planning Commission, May 23, 2024
Page 2
VICINITY MAP
3
INTENTIONALLY BLANK PAGE4
Pettey Family Trust Encroachment (PA2024-0067)
Planning Commission, May 23, 2024
Page 3
INTRODUCTION
The property owners of 521 Larkspur Avenue (“Owners”) are requesting a waiver of City
Council Policy L-6 (“Policy”) to retain existing and construct new non-compliant private
improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing
encroaching up to 6 feet and 2 feet 6 inches, respectively, within the 50-foot-wide Third
Avenue public right-of-way.
City Council Policy L-6 (“Policy”) prohibits the existing and proposed new vinyl fencing
to a maximum 1-foot encroachment into the right-of-way and to 36 inches maximum in
height. The Owner is requesting a waiver of the Policy to retain existing and construct
new improvements.
Please see attached site photos, Owner letter dated April 12, 2024, and site plan
(Attachment Nos. PC 3, 4 and 5).
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 retention 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.
Private encroachments that are prohibited without a waiver and approval of Policy L-6
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 rights-of-way or exceeds three (3)-feet in
height…” The policy also prohibits lighting within the public right-of-way. The Owners
are requesting a waiver of this policy to retain existing and construct new non-compliant
private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing
encroaching up to 6 feet and 2 feet 6 inches, respectively, within the 50-foot-wide Third
Avenue public right-of-way. The Owners will also retain the existing fencing along
Larkspur Avenue public right-of-way and large stone pavers along the Third Avenue
public right-of-way which are compliant with City Council Policy L-6.
The existing and proposed fencing are complementary to the area; several residences
adjacent to the Third Avenue have similar private encroachments into the right-of-way.
Some of said encroachments are permitted through an encroachment permit and
agreement, whereas others have been constructed without approval or permit. The
Third Avenue right-of-way is approximately 10 feet from face of curb to the property line.
There are no existing City utilities within the encroachment area. Additionally, the
existing and proposed private improvements do not diminish the rights of the public
5
Pettey Family Trust Encroachment (PA2024-0067)
Planning Commission, May 23, 2024
Page 4
along the Third Avenue right-of-way. There is currently no sidewalk on Third Avenue
frontage, nor does the City have plans for to install a sidewalk at this time; however, the
City would retain the rights to install a public sidewalk, or other public improvements
should it prove necessary in the future.
The Public Works Department has reviewed this request and supports this policy
waiver. In staff’s review of the site conditions, the existing and proposed new
improvements do not hinder the use of the public right-of-way. The private
improvements are not a detriment to the health, safety, and welfare of the public. The
retention of the existing and construction of the new private improvements do not
diminish the rights of the public, present and future, at this location provided an
encroachment agreement between the City and the Owners is executed.
Summary
Staff supports a waiver of this Policy to allow the retention of the existing 3-foot-tall vinyl
fencing and the construction of new 6-foot-tall vinyl that encroach up to 6 feet and 2 feet
6 inches, respectively, within the 50-foot-wide Third Avenue public right-of-way.
Should the Planning Commission elect to approve the waiver, allow the retention of the
existing, and construction of the new private improvements and appurtenances, staff
recommends the requirement of an encroachment agreement consistent with Policy L-
6. An encroachment agreement would allow the existing and proposed improvements
as requested, and transfer any liability associated with the private improvements to the
Owners. Additionally, if the need for public improvements should arise in the future,
Owners would agree to remove all encroachments at no cost to the City. The
encroachment agreement will be recorded onto the property’s title, provides important
notice for the current and future property owner, and protects the City.
Environmental Review
This project 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), 15060(c)(3) (the
activity is not a project as defined in Section 15378) and to Section 15303 under Class 3
(New Construction or Conversion of Small Structures) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3 (CEQA Guidelines), because the
existing improvements have no potential for resulting in direct or indirect physical
change to the environment. Class 3 (New Construction or Conversion of Small
Structures) exempts the construction of accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences. The existing and proposed
improvements (vinyl fencing) are consistent with structures allowed under this
exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
6
Pettey Family Trust Encroachment (PA2024-0067)
Planning Commission, May 23, 2024
Page 5
Public Notice
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
applicant and posted on the subject property at least 10 days before the scheduled
meeting, consistent with the provisions of the Municipal Code. Additionally, the item
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by: Submitted by:
David Keely
Senior Civil Engineer
Jaime Murillo
Acting Deputy Community Development
Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 City Council Policy L-6 (Encroachments in Public Right-of-Way)
PC 3 Site Photos
PC 4 Owner Letter dated April 12, 2024
PC 5 Site Plan
01/12/18
7
INTENTIONALLY BLANK PAGE8
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
9
INTENTIONALLY BLANK PAGE10
RESOLUTION NO. PC2024-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL
POLICY L-6 (ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY)
AND APPROVING ENCROACHMENT PERMIT NO. N2024-0154
TO ALLOW RETENTION OF EXISTING AND CONSTRUCTION OF
NEW IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY
FOR THE PROPERTY LOCATED AT 521 LARKSPUR AVENUE
(PA2024-0067)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stephanie Pettey on behalf of the Pettey Family Trust,
(“Owners”), with respect to property located at 521 Larkspur Avenue Drive, Newport
Beach, California and legally described as Lot 21, Block 537 of Corona Del Mar, excepting
the northerly 51 feet of said Lot 21, as shown on a map recorded in Book 3 Page 41 and
42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County (“Property”), requesting approval of an encroachment permit.
2. The Owners request approval of Encroachment Permit No. N2024-0154 to retain existing
and construct new non-compliant private improvements within the Third Avenue public
right-of-way consisting of 3-foot tall vinyl fencing and 6-foot tall vinyl fencing encroaching
up to 6 feet and 2 feet 6 inches, respectively, within the 50-foot wide Third Avenue public
right-of-way (“Project”). The Third Avenue right of way is approximately 10 feet from face
of curb to the property line. City Council Policy L-6 (Encroachment in Public Rights-of-
Way) (“Policy”) prohibits the existing and proposed new vinyl fencing to a 1-foot
projection into the right-of-way and limiting encroachments to 36 inches maximum. The
Owner is requesting a waiver of the Policy to retain the existing fencing and install new
fencing.
3. The requested approvals are not specifically provided for within City Council Policy L-6.
Thus, the Project is prohibited under Section A (Private encroachments that are prohibited
without a waiver and approval) of said policy. Due to this prohibition, the requested
encroachments may only be approved upon the waiver of City Council Policy L-6 with
approval of the encroachment permit by Planning Commission.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
5. A public meeting was held on May 23, 2024, in the City Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
public hearing was given in accordance with Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and City Council Policy L-6 (Encroachments in Public Rights-of-
11
Planning Commission Resolution No. PC2024-009
Page 2 of 5
Way). Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project 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), 15060(c)(3) (the
activity is not a project as defined in Section 15378) and to Section 15303 under Class
3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines), because the
existing improvements have no potential for resulting in direct or indirect physical
change to the environment. Class 3 (New Construction or Conversion of Small
Structures) exempts the construction of accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences. The existing and proposed
improvements (vinyl fencing) are consistent with structures allowed under this
exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
2. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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 proposed private improvements will not be a detriment to the health, safety, and
welfare of the public.
Facts in Support of Finding:
1. The Third Avenue right-of-way is approximately 10 feet from face of curb to the property
line.
2. The Project does not diminish the rights of the public, present and future, along the Third
Avenue. There are no sidewalks on Third Avenue, nor does the City currently have plans
to install sidewalks on this street.
12
Planning Commission Resolution No. PC2024-009
Page 3 of 5
3. The Project does 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.
4. Approval would require the Owners to enter into an Encroachment Agreement to allow
the improvements as requested, and any liability associated with the private
improvements would be transferred to the Owners. Additionally, if the need for public
improvements arises in the future, the Owners shall remove all encroachments at no
cost to the City.
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. Improvements appear complementary to the area; adjacent neighbors have similar
private encroachments within the Third Avenue public right-of-way. Some of the
adjacent encroachments are permitted through an encroachment permit and
agreement, whereas others have been constructed without approval.
2. There are no existing City utilities within the encroachment area within the Third Avenue
public right-of-way. The existing and proposed improvements do not hinder the use or
future repair/replacement of the existing fire hydrant.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach finds this Project is categorically
exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment),
15060(c)(3) (the activity is not a project as defined in Section 15378) and to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines because the existing improvements have no potential for resulting in direct
or indirect physical change to the environment.
2. The Planning Commission of the City of Newport Beach hereby waives City Council Policy
L-6 and approves Encroachment Permit No. N2024-0154, subject to the conditions set
forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3. This action shall become final and effective 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.
13
Planning Commission Resolution No. PC2024-009
Page 4 of 5
PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF MAY 2024
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
14
Planning Commission Resolution No. PC2024-009
Page 5 of 5
EXHIBIT A
CONDITIONS OF APPROVAL
PUBLIC WORKS DEPARTMENT
1. The Project shall be in substantial conformance with the approved site plan stamped 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 Owners 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 Owners shall enter into an Encroachment Agreement within one calendar year upon
receipt of approval, otherwise this approval shall automatically expire.
5. This Encroachment Permit allows retention of existing and installation of new fencing
within the Third Avenue public right-of-way with a waiver of City Council Policy L-6,
Section A of “Private Encroachments that are Prohibited Without a Waiver and
Approval”.
6. If the need for public improvements arises in the future, Owners shall remove all
encroachments at no cost to the City.
7. To the fullest extent permitted by law, Owners 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 the Pettey Family Trust Encroachment (PA2024-0067) including, but not
limited to, Encroachment Permit No. N2024-0154. 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 Owners, City, and/or the parties initiating or bringing
such proceeding. The Owners 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 Owners shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
15
INTENTIONALLY BLANK PAGE16
Attachment No. PC 2
City Council Policy L-6 (Encroachments in
Public Right-of-Way)
17
INTENTIONALLY BLANK PAGE18
L-6
1
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.
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.
19
L-6
2
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.
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.
20
L-6
3
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.
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.
21
L-6
4
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.
For artificial turf grass conversions in parkways with existing City trees:
1. Pruning of City tree roots shall be prohibited unless approved and inspected by the City
Arborist.
2. Irrigation must be established or retrofitted to continue to provide automated irrigation for
the City tree.
3. Openings for existing or new trees will allow for a minimum of 24-inch radius around the
tree’s trunk. If on existing trees a 24-inch radius cannot be achieved, the artificial turf will
be discontinuous, with the area around the tree squared off to allow a minimum of 24-
inches on either side.
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.
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:
22
L-6
5
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.
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.
23
L-6
6
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. bay side is improved with a privately
constructed bulkhead on public property. 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 (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.
24
L-6
7
I. Bay Front Street Ends
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.
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.
25
L-6
8
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.
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.
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:
26
L-6
9
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.
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.
27
L-6
10
History
Adopted I-12 – 8-25-1969 (“Ocean Front Street-End Improvement Policy”)
Adopted L-6 – 8-25-1969 (“Private Encroachments in Public Rights-of-Way”)
Amended I-12 – 3-9-1970
Reaffirmed L-6 – 3-9-1970
Reaffirmed L-6 – 2-8-1971
Amended L-6 – 2-14-1972
Reaffirmed I-12 – 2-14-1972
Amended I-12 – 12-10-1973
Reaffirmed L-6 – 12-10-1973
Amended I-12 – 11-11-1974
Reaffirmed L-6 –11-11-1974
Amended L-6 – 8-11-1975
Adopted L-7 – 3-14-1977 (“Encroachments and Bay Access on Buena Vista Boulevard – Edgewater
Avenue between Bay Avenue and Fernando Street”)
Reaffirmed L-7 – 9-12-1977
Amended I-12 – 2-9-1981
Amended L-6 – 2-9-1981
Adopted L-10 – 8-24-1981 (incorporating I-12)
Amended L-6 – 11-23-1981
Amended L-10 – 11-8-1982
Amended L-6 – 10-27-1986
Amended L-6 – 1-26-1987
Amended L-6 – 7-13-1987
Amended L-6 – 2-13-1989
Amended L-6 – 8-14-1989
Amended L-6 – 11-27-1989
Amended L-10 – 11-27-1989
Amended L-6 – 12-9-1991
Amended L-6 – 12-14-1992
Adopted L-18 – 1-11-1993 (“Encroachments on Public Sidewalks”)
Amended L-6 – 7-12-1993
Amended L-6 – 1-24-1994
Reaffirmed L-7 – 1-24-1994
Amended L-10 – 1-24-1994 (changed to L-8)
Amended L-18 – 1-24-1994 (changed to L-15)
Amended L-6 – 5-9-1994
Amended L-6 – 2-27-1995
Amended L-6 – 2-26-1996
Amended L-15 – 2-26-1996
Amended L-6 – 5-8-2001
28
L-6
11
Amended L-7 – 5-8-2001
Amended L-8 – 5-8-2001
Amended L-6 – 1-27-2015
Amended L-6 – 8-14-2018 (incorporating L-7, L-8, and L-15)
Amended L-6 – 11-27-2018
Amended L-6 – 12-11-2018
Amended L-6 – 11-14-2023
29
INTENTIONALLY BLANK PAGE30
Attachment No. PC 3
Site Photos
31
INTENTIONALLY BLANK PAGE32
PA2024-0045
PC 3 – SITE PHOTOS
33
INTENTIONALLY BLANK PAGE34
Attachment No. PC 4
Owner Letter dated April 12, 2024
35
INTENTIONALLY BLANK PAGE36
Dr. Stephanie L. Pettey
● 521 Larkspur Ave ● Corona del Mar ● California ● 92625
Phone: (949) 632-2236 ● Email: drstephpettey@aol.com
April 12, 2024
Dear City of Newport Beach – Public Works Department,
The purpose of this letter is to provide some brief information to support my
application for an encroachment permit.
I moved into my property in October, 2022 and about 8 months later put in the
fencing. Below are some explanations as to why I put in the fencing:
Regarding the 3’ fencing – that was installed in order to keep my grandkids
safe as they love the outdoors and really enjoy playing yard games out there.
The intersection of Larkspur and Third street has quite a bit of traffic and not
all drivers remember the residential speed limit.
Regarding the 6’ fencing – that was installed for two reasons 1) privacy
since that is where my master bedroom is located and 2) in order to provide
a safe outdoor space for my cats.
I hope this all makes sense. I would be more than happy to elaborate on the above
explainations if you would like more information.
Thank you so much for your help with all of this.
Sincerely,
37
INTENTIONALLY BLANK PAGE38
Attachment No. PC 5
Site Plan
39
INTENTIONALLY BLANK PAGE40
41
42
43
INTENTIONALLY BLANK PAGE44
1
From:Ron Yeo <ronyeoarchitect@gmail.com>
Sent:May 19, 2024 4:44 PM
To:Planning Commission
Subject:521 Larkspur
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe.
Re: PA2024-0067
As a neighbor, I support granting this encroachment waiver.
The minor encroachment helps make the “cottage” more livable, and will encourage the owner to keep their small
scale structure rather than demo & rebuild. This project helps maintain the Village Character that is rapidly
changing.
Planning Commission - May 23, 2024 Item No. 2a - Additional Materials Received Pettey Family Trust Encroachment (PA2024-0067)