HomeMy WebLinkAbout(2018, 08/14) – L-6 – Amended (incorporating L-7, L-8 & L-15)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 to 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.
A. Prohibited private encroachments.
1. All structural encroachments not otherwise listed; 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.
2. Driveway approaches not conforming to Council Policy L-2.
3. Modifications to original design concepts approved by the City.
4. Private signs except as provided for in the Building Code.
5. Lighting.
6. 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.
7. Private dwellings and appendages including raised patios decks and bay
windows, except as provided for in this section and the Building Code.
8. Pay telephones and private mail carriers drop boxes.
B. General private encroachments that require an encroachment permit and if
applicable an encroachment agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy L-2.
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2. Standard sidewalks.
3. Carriage walks (not to exceed twenty-five percent (25%) of the parkway
area).
4. 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).
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 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 Council review
is warranted, the Department may forward the item to the Council for
action.
7. 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.
8. 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.
9. When connecting to or relocating public utilities.
10. Artificial Turf (permeable) 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, 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.
11. Tree and shrub planting and removal.
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12. 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.
C. Area specific 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 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:
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 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;
b. Fences and walls with a minimum setback of two (2) feet six (6)
inches from back of sidewalk.
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.
ii. 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
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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.
C. Patios with a minimum setback of two (2) feet six (6) inches from the
back of sidewalk.
i. 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.
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 as approved by the Public Works
Director.
5. 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:
a. A minimum six (6) foot wide public sidewalk along the inland side
of the right-of-way line maintained by the City.
b. 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
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and living areas such as cabanas and other roofed structures shall
not be allowed.
C. 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.
6. 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:
a. A minimum six (6) foot wide public sidewalk along the inland side
of the right-of-way line maintained by the City.
b. 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.
C. 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.
7. 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:
a. A minimum six (6) foot wide public sidewalk along the inland side
of the right-of-way maintained by the City.
b. 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
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dimensions. Any existing permits to encroach on the right-of-way
shall be rescinded
8. 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:
a. A minimum six (6) foot wide public sidewalk along the inland side
of the right-of-way maintained by the City.
b. 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.
9. Bay Front Street Ends
a. 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:
i. At each side of the prolongation of the street and extending
no more than fifteen (15) feet from the end of the paved street.
ii. 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.
b. Bay front street ends where tidal flow prevents standard installation
may be landscaped, subject to the prior approval by the City of
specific plans prepared by the applicant. Access to beach areas shall
be provided for in any such specific plans.
C. Improvements shall be installed at the expense of the adjacent
property owners.
d. Landscape maintenance and watering shall be provided by the
adjacent property owners to the satisfaction of the City. A sprinkler
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system connected to the adjacent property shall be installed in each
planter
10. Unimproved Ocean Front Street Ends
a. Improvements shall be installed at the expense of the adjacent
property owners.
b. 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.
C. All work shall be installed to grades established by the Public Works
Department.
d. A four (4) foot wide sidewalk shall be provided on each side of the
street right-of-way adjacent to the property line.
e. 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.
i. Portland Cement Concrete. A minimum six (6) inches over
native compacted material.
ii. Asphalt Concrete. A minimum two (2) feet six (6) inches of
asphalt concrete over a six (6) inch thick aggregate.
iii. 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.
f. 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.
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g. Special provisions shall be made in the design when garage access is
required from street ends.
h. Where unusually large quantities of sand exist in a street end area,
the City shall assist the adjacent owners by moving the sand to an
area determined by the City.
11. Unimproved Alleys that End at the Ocean Front
a. Improvements shall be installed at the expense of the adjacent
property owner.
b. All work shall be installed to grades established by the Public Works
Department.
C. 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.
d. Where vehicles or pedestrians will travel, alleys may be surfaced
with brick, asphalt, concrete or equivalent surfacing.
e. 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 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.
D. Private encroachments not requiring a permit:
1. 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.
2. Parkway sprinkling systems.
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3. 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.
E. 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:
1. General
a. Permitted encroachments shall not reduce the sidewalk width
available for normal pedestrian movement.
b. Permitted encroachments may be located in areas between tree wells
or other existing improvements as long as they do not interfere with
pedestrian travel.
C. 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.
d. 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.
e. Encroachments shall not block access from parked cars.
f. They shall not be located within ten (10) feet of a crosswalk, fire
hydrant or driveway.
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g. Encroachments may not be chained or otherwise anchored to any
tree, streetlight, parking meter or other property.
h. Applicant shall pay all costs for City and/or the California
Department of Transportation ("CalTrans") permit processing
where necessary.
i. Applicant shall pay all costs associated with the installation and
maintenance of the encroachments by the City or private installer.
2. Public Benches
a. When applying the above requirements to benches, allowance shall
be made for the space required for a person sitting on the bench.
b. Benches to be installed in an area where there is a theme or bench
style shall conform to that theme or style.
3. Public Bicycle Racks
a. 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.
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 Planning Commission. 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. 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. Notwithstanding anything above, if
an application for any permit required by this policy is part of a larger approval
requiring Zoning Administrator or Planning Commission approval then the
Zoning Administrator or Planning Commission, as applicable, is authorized to
review and approve or deny the permit.
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A. Variances from the strict application of this policy shall not be granted
unless individual circumstances indicate that approval shall be consistent with the
public interest.
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
(1970,03/09) - I-12 - Amended
(1971, 02/ 08) - L-6 - Reaffirmed
(1972,02/14) - L-6 - Amended
(1972, 02/14) - I-12 - Reaffirmed
(1973,12/10) - L-6 - Reaffirmed
(1973,12/10) - I-12 - Amended
(1974,11/11) - L-6 - Reaffirmed
(1974,11/11) - I-12 - Amended
(1975,08/11) - L-6 - Amended
(1977, 03/14) - L-7 - Adopted (Encroachments and Bay Access on Buena Vista Blvd. -
Edgewater Ave. Between bay Ave. and Fernando St.)
(1977,09/12) - L-7 - Reaffirmed
(1981, 02/09) - L-6 - Amended
(1981, 02/ 09) - I-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
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(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)
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