HomeMy WebLinkAbout2015-7 - Amending City Council Policy L-6 "Private Encroachments in Public Rights-Of-Way"RESOLUTION NO. 2015 -7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CITY COUNCIL POLICY L -6 "PRIVATE
ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY"
WHEREAS, the City of Newport Beach is governed, in part, by its Charter,
Municipal Code and adopted City Council Policies;
WHEREAS, City Council Policy D -3 requires that the City Manager annually
review the Council Policy Manual for any needed additions, changes or deletions; and
WHEREAS, the City Manager recently completed his review of the Council
Policy L -6 and recommends revising City Council Policy L -6 "Private Encroachments in
Public Rights -of -Way" as shown in the revised redline attached to this resolution, and
incorporated by reference herein (Exhibit 1).
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Newport
Beach resolves the following:
Section 1: The Council hereby amends Council Policy L -6 as shown in Exhibit 1.
Section 2: All prior versions of Council Policy L -6 that are in conflict with the
revisions adopted by this resolution are hereby repealed.
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, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council
Policy Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds this change to Council Policy L -6 exempt from
the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304 (Minor
Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
This section exempts minor public or private alterations in the condition of land, water,
and/or vegetation which do not involve removal of healthy mature scenic trees. Allowing
artificial turf as an alternative to grass or other natural groundcovers would fall into this
class of exempt work.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 27th day of January, 201!
Mayor
U u�
6WP
, A �
Leilani I. Br/ own
City Clerk 0 ak Zn
Attachment: Exhibit 1 — Redline Draft of Revised City Council Policy L -6
EXHIBIT 1
L -6
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that 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.
Categories of private encroachments and improvements are listed below, together with
the permit requirement for each category.
A. Private encroachments prohibited.
1. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of 1
foot into the public right -of -way, or exceed 3 feet in height, measured
from the top of curb elevation /or from sidewalk elevation where sidewalk
exists.
2. Driveway approaches not conforming to Council Policy L -2.
3. Ocean front street end, or Bay front street end improvements not
conforming to Council Policy L -8.
4. Ocean front alley end improvements not conforming to Council Policy
L -8.
5. Modifications to original design concepts approved by the City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
8. Parkway surfacing of loose rock, gravel, or any surfacing other than
standard or colored/ textured concrete or flat stone /brick avers installed
at grade and grouted.
9. Private dwellings and appendages including raised patios and decks,
except as provided for in this section and the Building Code.
10. Pay telephones and private mail carriers drop boxes.
L -6
B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and Municipal
Operations General Department approval.
1. Tree planting and removal.
2. Shrub planting and removal.
3. Median landscaping.
If, in the opinion of the Municipal OperationsGener iees Department, the
approved planting is not being maintained for view and safety clearance, Chapter 10.50,
"Public Nuisance Abatement," of the Municipal Code 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 will be determined by the City Arborist
using the International Society of Arboriculture's "Guide for Plant Appraisal."
C. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy L -2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacing (standard or colored/ textured concrete or flat
stone /brick) installed at grade (subject to Municipal OperationsGeneral
Serviees Department review for tree well location).
5. CATV and public utility facilities.
6. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less
into 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
2
L -6
such that Council review is warranted, the Department may forward the
item to the Council for action.
3
L-6
7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox
shall be aligned in the same vertical plane as the back of the curb. Mailbox
base construction length shall not exceed the length of the mailbox, or 24
inches, whichever is less.
8. The placement of utility pedestals shall be at the back of sidewalks on
arterials and major pedestrian thoroughfares without zero setbacks. In
ial .._,, Tthere shall be at least 4 feet of clear sidewalk width
and /or pedestals shall be placed in the parkway outside of walk area.
9. When connecting to or relocating public utilities.
10. Artificial Turf up to 100% of the required parkway landscape area.
Artificial turf grass shall be installed in accordance to manufactures
recommendations. Material must be securely anchored and maintained so
as to eliminate disrepair, fading, tearing, earing, 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.
D. Private encroachments requiring an Encroachment Permit from the Public Works
Department and subject to the execution of an agreement for non - standard
improvements.
1. Structural encroachments not otherwise listed which do not exceed 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 8 feet behind the face of curbs on the following streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
2. Permitted Structural Encroachments on Balboa Island along South Bay
Front, North Bay Front, Grand Canal, and East Bayfront are as follows:
a. Planters that do not exceed 1 foot in height located within T -6" of
the back of existing sidewalk, planted with ground cover and
El
L-6
shrubs not to exceed 2 feet in height measured from sidewalk
elevation;
b. Fences with a minimum setback of 2' -6" from back of sidewalk.
L For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high above
sidewalk grade in with Bai4ding and PUMIiag
Cede RegiilatiRnq.
u. For patios constructed greater than 1' above sidewalk grade
elevation, Fences must be set back a minimum of 3' from
back of sidewalk, not exceed 2' -6" in height above the patio,
have at least 40% visibility through them, and not to exceed
4' in height above existing public sidewalk grade.
C. Patios with a minimum setback of 2' -6" from the back of sidewalk.
i. Raised Patios are permitted provided they have a maximum
height of 2' -6" above sidewalk grade, are set back a
minimum of 2' -6" 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 2' -6"
from back of sidewalk.
3. Structural encroachments not otherwise listed 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:
a. Southerly side of West Bay Avenue between 8th Street and 15th
Street.
4. Non - standard encroachments, including, but not limited to fences, walls,
and raised planters within City easements.
5
M.
If, in the opinion of the Public Works Department, the nature or location of this type of
encroachment is such that Council review is warranted, the Department may forward
the application to the City Council for original action.
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.
E. Private encroachments not requiring a permit:
1. Parkway lawn and ground cover.
2. Parkway sprinkling systems.
3. Use of public streets and projections over public property which are
covered by the California 6PHi Building Code or California Residential
Code under a valid building permit issued by the City.
F. 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. If the application is for a
permit required under Section A, it shall be forwarded to the City Clerk for
submission to the City Council. If the application is for a permit under Section B,
it shall be processed by the Municipal Operation�C•Pn .mss Department.
Drawings for encroachment permits requiring City Council review shall be
prepared to scale. Plan and elevation drawings shall accurately depict location,
height, and extent of the proposed encroachments. No building permit shall be
issued on a parcel whose access requires City Council review for an
encroachment permit on public property, until said encroachment permit has
been issued.
G. Variances from the strict application of this policy shall not be granted unless
individual circumstances indicate that approval will be consistent with the public
interest.
Adopted - August 25,1969 Amended - August 14,1989
Amended - February 14,1972 Amended - November 27,1989
2
Amended - August 11, 1975
Amended - February 9,1981
Amended - November 23,1981
Amended - October 27,1986
Amended - January 26,1987
Amended - July 13,1987
Amended - February 13,1989
Amended - December 9,1991
Amended - December 14,1992
Amended - July 12,1993
Amended - January 24,1994
Amended - May 9,1994
Amended - February 27,1995
Amended - February 26,1996
Amended - May 8, 2001
Amended - Tanuary 27, 2015
L -6
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2015 -7 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 27`h day of January, 2015, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of January, 2015.
L-
Iti CS, .
City- /
Newport Beach, California "
(Seal)