HomeMy WebLinkAbout(1995, 02/27) - L-12 - AmendedL -12
OCEANFRONT ENCROACHMENT POLICY
The City Council has approved Amendment No. 23 to the Land Use Plan of the
Local Coastal Program, which established specific restrictions and conditions on
the installation of private improvements in the public right of way along the
oceanfront from the Santa Ana River Channel to Channel Road. Existing
encroachments are located on a very small portion of the sandy beach and do not
impact any of the 89 street ends and other public facilities which provide beach
access through oceanfront residential communities. However, encroachments
could impact access to, and public use of, the beach in the absence of an
equitable and enforceable City policy limiting the extent, size and nature of the
encroachments. This policy is intended to implement Amendment No. 23 by
establishing a procedure for approval of permitted encroachments, removal of
prohibited encroachments, limiting the extent of encroachments, and
clarification of improvements permitted within each encroachment zone.
A. Definitions.
1. For the purpose of this Section, the following words and phrases
shall be defined as specified below:
a) Existing encroachment shall mean any encroachment or
improvement installed or constructed before May 31, 1992.
b) New encroachment shall mean any encroachment or
improvement installed or constructed after May 31, 1992.
c) Improvements or Encroachments shall mean any object or
thing:
i) within or oceanward of any encroachment zone
described in this policy;
ii) within or oceanward
Oceanfront Boardwalk,
Street; or
of the north edge of the
between 36th Street and A
iii) oceanward of any residential parcel from a point 250
feet southeast of E Street to Channel Road.
L -12 •
d) Encroachment permit shall mean the permit issued by the
Public Works Director authorizing the maintenance or
installation of encroachments or improvements within the
encroachment zones described in this policy.
e) Application shall mean any application for an encroachment
permit pursuant to the provisions of this policy and the land
use plan of the local coastal program.
f) Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall
mean the concrete walkway along the oceanside of ocean
front residential properties between 36th Street and a point
approximately 250 feet southeast of E Street
B. Encroachment Zones - Subject to compliance with the provisions of this
policy:
1. The owner of any ocean front residential parcel between the Santa
Ana River and 52nd Street may install improvements on the
oceanside of the parcel up to a maximum of 15 feet oceanward of •
the private property line and within an oceanward prolongation of
the property lines on the side of the parcel.
2. The owner of any oceanfront residential parcel between 52nd Street
and 36th Street may install improvements on the ocean side of the
parcel up to a maximum of 10 feet oceanward of the private
property line and within an oceanward prolongation of the
property lines on the side of the parcel.
3. The owner of any oceanfront residential parcel between A Street
and a point 250 feet southeast of E Street install improvements up
to the sidewalk and within an oceanward prolongation of the
property lines on the side of the parcel.
C. Prohibited Encroachments.
1. Encroachments and improvements are prohibited oceanward of
private property between 36th Street and A Street provided,
however, the northerly edge of Oceanfront Boardwalk in this area
is not always coincident with the oceanward private property line
and improvements northerly of the north edge of the sidewalk are •
not considered encroachments or prohibited by this policy.
2
L -12
2. Encroachments and improvements are prohibited oceanward of
any ocean front parcel from a point 250 feet southeast of E Street to
Channel Road, provided existing trees which have been planted
and maintained in conformance with City Council policy, and
ground cover such as ice plant or indigenous plants are not
considered to be an encroachment, and will not require a permit
pursuant to this policy, but the City reserves the right to remove,
trim or otherwise, control the type and extent of any such
landscaping.
3. Any existing encroachment or improvement for which no
application has been filed on or before May 31, 1992, and any new
encroachment or improvement for which no application is filed
prior to installation is prohibited.
4. Any new or existing encroachment or improvement which, on or
after July 1, 1992, is not in conformance with this policy is
prohibited.
5. Any new or existing encroachment or improvement for which no
permit has been issued, a permit has been issued and then
revoked, or a permit has been issued but has expired is prohibited.
D. Permitted Encroachment/ Improvements - Subject to compliance with the
provisions of this policy, the following improvements are permitted
within the encroachment zones described in subsection B:
1. Patio slabs or decks no higher than six inches above grade or the
finished floor grade of the adjacent residence. The Public
Works Director may approve minor dimensional tolerances for
patio slabs and decks only upon a finding that the improvement
is consistent with the spirit and intent of this policy and the cost of
strict compliance is disproportionate to the extent of the
nonconformity. Determination of grade will be made as provided
in Section J.
2. Walls and /or fences less than 36 inches in height above grade or
the finished floor grade of the existing residence. The Public Works
Director may approve minor dimensional tolerances for walls
and /or fences upon a finding that the improvement is consistent
with the spirit and intent of this policy and the cost of strict
compliance is disproportionate to the extent of the nonconformity.
Determination of grade will be made as provided in Section J.
3
E.
L-12 •
3. Existing improvements which were constructed in conjunction
with development for which a building permit was issued may be
approved by the Public Works Director upon a finding that the
improvement is consistent with the spirit and intent of this policy
and the cost of strict compliance is disproportionate to the extent of
the nonconformity.
4. In no event shall the Public Works Director approve a permit for an
encroachment or improvement that varies more than 12 inches
from the horizontal dimensional standards of this policy.
Prohibited Improvements.
1. Any structural, electrical, plumbing or other improvements which
require issuance of a building permit.
2. Pressurized irrigation lines and valves.
3. Any object which exceeds 36 inches in height, exclusive of the
following: 0
a) trees planted by the City of Newport Beach or private
parties pursuant to written policy of the City Council of the
City of Newport Beach; or
b) any landscaping or vegetation within the encroachment
zone subject to the following:
i) The vegetation or landscaping was installed prior to
the first effective date of this policy;
ii) The vegetation or landscaping does not block views
from adjoining property;
iii) The vegetation or landscaping does not function as
screen planting as defined in Title 20 of the Newport
Beach Municipal Code; and
iv) The vegetation or landscaping does not impair or
affect the health, safety or welfare of persons using
the oceanfront Walk, nearby property owners, or •
residents of the area.
4
0 L-12
Notwithstanding the provisions of this Subparagraph, the City reserves the right
to reduce the height of any existing landscaping at any time, upon a
determination by the Public Works Director, and after notice to the owner of
property on which the vegetation or landscaping exists, that a reduction in
height is necessary or appropriate given the purposes of this policy.
F. Permit Process.
1. An encroachment permit shall be required for all permitted
improvements. The application shall be filed with the Public
Works Department on a form provided by the City. The
application shall be signed by the owner of the property, or an
agent of the owner if the application is accompanied by a
document, signed by the owner, granting the agent the power to
act for the owner with respect to the property. The application
shall be accompanied by a site plan, drawn to scale and fully
dimensioned, which accurately depicts the location, height, nature
and extent of all proposed improvements and objects within the
encroachment zone. Applications with incomplete information
and /or inadequate drawings will not be accepted.
2. Applications for existing encroachments must be filed on or before
May 31, 1992. Applications for new encroachments shall be filed
before any encroachment or improvement is installed. No new
encroachments or improvements shall be installed without an
encroachment permit.
3. Upon receipt of the application, the Public Works Director shall,
within fifteen (15) days after the date of filing, determine if the
application is complete or if additional information is necessary or
appropriate to an evaluation of the application. In the event the
application is incomplete or additional information is necessary,
written notice to that effect shall be sent to the property owner
within twenty (20) days after the application is filed.
4. With respect to applications for existing encroachments, an
inspection shall be conducted of all improvements within the
encroachment zone before a permit is issued by the Public Works
Director. With respect to applications for new encroachments, an
on site inspection will be conducted after installation of the
improvements to insure conformity with provisions of the permit
and this policy.
5
G.
H.
L-12 •
5. The Public Works Director shall approve the permit upon a
determination that the encroachments proposed to be constructed,
or to remain, are permitted by this policy, the applicant has agreed
to abide by all of the terms and conditions imposed on the permit,
and the applicant has paid all fees required by this policy.
6. The Public Works Director shall have the authority to condition
Ids/her approval of the encroachment permit as necessary or
appropriate to insure compliance with the provisions of this policy.
The Public Works Director shall have the specific authority to
condition approval of an encroachment permit on the removal of
nonconforming improvements within a specified period of time.
7. The Public Works Director shall notify the applicant of his /her
decision within sixty (60) days after the application is filed and the
decision of the Public Works Director shall be final.
Term.
1. Except as provided in this Section, encroachment permits shall •
expire on June 30 of each calendar year.
2. Encroachment permits issued prior to June 30, 1992, shall expire
June 30, 1993.
Renewal.
1. Application for renewal shall be submitted on or before
May 31. The application shall be submitted on a form supplied by
the City of Newport Beach. The application shall be accompanied
by the annual fee required by this policy.
2. The Public Works Director shall approve the application for
renewal if.
a) The applicant has complied with all standard and special
conditions of approval;
b) The applicant has constructed only those improvements and
encroachments authorized by the permit;
c) The applicant is in compliance with all of the provisions of •
this policy.
6
L-12
I. Standard Conditions.
1. The Public Works Director. shall impose standard conditions of
approval on all encroachment permits. These standard conditions
shall include, without limitation, the following:
a) The obligation of permittee to comply with all of the
provisions of this policy and all conditions imposed upon
the permit.
b) The right of the Public Works Director to revoke any permit
after notice and hearing if the permittee is in violation of this
policy or conditions to the permit.
c) The right of the City to summarily abate encroachments or
improvements which are prohibited by this policy or
conditions on the permit upon ten (10) day's written notice.
d) The obligation of permittee to pay all costs incurred by the
City in summarily abating any prohibited improvement.
e) The obligation of permittee to defend, indemnify and hold
the City and its employees harmless from and against any
loss or damage arising from the use or existence of the
improvements or encroachment.
f) Permittee's waiver of any right to contest the City's street
and public access easement over property within or
oceanward of the encroachment zones.
g) The right of the Public Works Director or his designee to
inspect improvements within the encroachment zone
without notice to the permittee.
h) The right of the City to cancel or modify any, or all,
encroachment permit(s) upon a determination by the City
Council to construct a public facility or improvement within
or adjacent to the encroachment zone.
2. The construction of any seawall, revetment or other device
necessary to control erosion, shall occur as close to private property
as feasible. Erosion control devices shall not be placed or installed
closer to the ocean to protect improvements or encroachments.
7
J
K.
L-12 •
3. The Public Works Director may impose additional standard
conditions necessary or appropriate to insure compliance with, or
facilitate City administration of this policy.
Determination of Grade.
1. The nature of the beach makes a precise determination of grade
difficult. The level of the sand changes with wind, storm, and tidal
conditions. The Public Works Director shall determine the level
from which the height of encroachments and improvements is to be
measured. In making this determination, the Public Works
Director shall consider the following criteria:
a) The existing grade in the area;
b) Finished floor elevation or grade of the adjacent residence;
c) The elevation of existing encroachments on site and on
adjacent properties;
d) Any data on the historic elevation of the beach in that area.
Annual Fee.
1. The following fees shall be paid annually as a condition of the
issuance of encroachment permits:
Depth of Encroachment Annual Fee Annual Fee
iF.Y.1992 -931 IF.Y.1994 -951
0 - 21/2 feet $100.00 per yr. $106.09 per yr.
21/2 - 5 feet $200.00 per yr. $212.18 per yr.
5 - 71/2 feet $300.00 per yr. $318.26 per yr.
71/2 -10 feet $400.00 per yr. $424.35 per yr.
10 -15 feet $600.00 per yr. $636.53 per yr.
2. For purposes of determining fees, the average depth of the
encroachment shall be used. However, the maximum depth
shall not exceed the limitations specified in Section B. A •
dimensional tolerance not to exceed 12 inches may be
8
L -12
allowed in determining the appropriate fee to be paid by
persons with existing encroachments.
3. The annual fee shall be increased or decreased to reflect changes in
the Consumer Price Index. The annual fee shall be due and
payable upon submittal of the application for the initial
encroachment permit. Renewal fees shall be due May 31 of each
year. The fee shall be considered delinquent thirty (30) days
thereafter. Delinquent fees will be subject to a ten percent (10 %)
penalty for the first month (or a portion thereof) plus a five percent
5 %) additional penalty each successive month (or a portion
thereof).
4. The annual fee shall be used to defray City costs of administration,
incidental costs of improvements on street ends along the
oceanfront; and incidental costs to enhance public access and use of
the ocean beaches. At least eighty-five (85 %) percent of the fees
shall be used by the City to implement the mitigation plan as
required by Amendment No. 23 to the Land Use Plan of the City's
isLocal Coastal Program. (See Section M.)
L. Violations /Remedy.
1. The City shall, in addition to any right or remedy provided by law,
have the right to do any or all of the following in the event a
permittee is in violation of the provisions of this policy or any
condition to the permit, or any encroachment or improvement
violates the provisions of this policy:
a) Revoke the permit after giving the permittee notice and an
opportunity to be heard upon a determination that there is
substantial evidence to support a violation of this policy.
The Public Works Director shall establish the specific
procedures designed to insure that permittee receives due
process of law.
b) Summarily abate any encroachment or improvement
violative of this policy after giving the permittee or property
owner ten (10) day's written notice of its intention to do so in
the event the permittee or property owner fails to remove
the encroachment or improvement. The permittee or
property owner shall pay all costs incurred by the City in
summarily abating the encroachment or improvement. The
V
L-12 •
determination of the Public Works Director with respect to
abatement shall be final.
M. Amendment No. 23 Land Use Plan of Local Coastal Program Mitigation
Plan.
To mitigate any impact on beach access resulting from the encroachments,
the City shall:
1. Reconstruct thirty -three unimproved street ends between 36th
Street and Summit to provide additional parking and approved
access in accordance with the following:
a) The reconstruction shall provide a minimum of two parking
spaces per street end and shall proceed in substantial
conformance with the standard drawing, attached as exhibit
A
b) The City shall use at least eighty -five percent (85 %) of the
fees to fund reconstruction of street ends until all have been •
improved. The City will use its best efforts to improve three
or more street ends per year (except during the year when
vertical handicapped access is constructed), and anticipates
that funding will be adequate to do so.
c) West Newport street -end parking spaces shall be metered in
the same manner as the West Newport Park in order t6
encourage public use of the spaces.
2. Within three years after Council approval of this Resolution, City
shall construct a hard surface walkway perpendicular to Seashore
Drive at Orange Avenue. The walkway shall extend oceanward a
sufficient distance to allow a view of the surfline by an individual
seated in a wheelchair. At least one handicapped parking space
shall be designated at the Orange Avenue street end. City shall
designate at least one other handicapped space at one of the first
three street ends improved.
10
Ir12
3. Subsequent to the reconstruction of all West Newport street ends,
at least eighty-five percent (85 %) of the fees generated by
encroachments will be used for the construction of improvements
which directly benefit the beach going public such as parking
spaces, rest rooms, vertical or lateral walkways along the beach
and similar projects.
Exhibit "A" [attached]
Adopted - November 26,1990
Amended - July 8,1991 (Resolution 91 -80)
Amended - March 9, 1992
Amended - September 28,1992
Amended - January 24,1994
Formerly L-14
Amended - February 27, 1995
11
PUBLIC BERCH RRER— "
r Exhibitit "A"
J I , mm
ENCROACHED RRER
REDUCED SCALE >
DRIVEWRY
EMERGENCY VEHICLE
RCCESS (CONCRETE)
30'
5' 20' T 5'
I Z Nw I [O
Q N
IQ.
W
IOU
E
I
I I
SIDEWRLK (CONCRETE) o I u7
w I
m
I > I
L
12.5' 7.5'
DRIVE APPROACH
CONCRETE) R R
I in
STREET PAVEMENT
RSPHRLT)
I
40 LOCRTIONS VARY FROM 55' TO 90' SEASHORE DRIVE
14 LOCRTIONS B 75'
CITY OF NEWPORT BEECH
PUBLIC WORKS DEPARTMENT
TYPICAL 75 FEET DESIGNED
EXHIBIT A
STREET ENDS (DRAFT)
JW FT
CHECKED Tw JDRTE 1/29/91