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06 - Encroachment Agreement for Existing Improvements within the Public Right -of -Way in the Newport Center Area
TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 25, 2016 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Encroachment Agreement for Existing Improvements within the Public Right -of -Way in the Newport Center Area ABSTRACT: Over the years, the Irvine Company (Owner) has installed decorative concrete bollards and planters at several locations within the public right-of-way in the Newport Center area and an Encroachment Agreement is necessary. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-6, Private Encroachments in the Public Right -of -Way, to retain decorative bollards and planters that encroach in excess of 1 -foot into the public right-of-way at various locations in the Newport Center area; and c) Direct staff to enter into an Encroachment Agreement with the Owner, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 6-1 Request to Retain Existing Improvements within the Public Right -of -Way in the Newport Center Area October 25, 2016 Page 2 DISCUSSION: The Owner is requesting a waiver of City Council Policy L-6 to retain several 24 -inch wide by 30 -inch tall bollards and two 6 -foot 2 -inch tall by 6 -foot wide planter walls at various locations within the public right-of-way. In addition, the various locations have decorative hand -seeded aggregate concrete sidewalks that are policy compliant. The encroachments are as follows: • Northeast corner of Newport Center Drive East at San Miguel Drive — Six (6) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 11.9 feet into the public right-of-way; • Easterly side of Newport Center Drive East between San Nicolas Drive and San Miguel Drive — four (4) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 4 feet into the public right-of-way; • Southeast corner of Newport Center Drive East at San Nicolas Drive - Six (6) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 12.3 feet into the public right-of-way; • Northeast corner of Newport Center Drive East at San Nicolas Drive - five (5) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 11.9 feet into the public right-of-way; • Southeast corner of Newport Center Drive East at Santa Rosa Drive - five (5) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 12.7 feet into the public right-of-way; • Northeast corner of Newport Center Drive East at Santa Rosa Drive - five (5) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 12 feet into the public right-of-way; • Easterly side of Newport Center Drive East between Santa Rosa Drive and Center Drive — four (4) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 3.6 feet into the public right-of-way and two (2) 6 -foot 2 - inch tall by 6 -foot wide planter walls encroaching up to 1.1 feet into the public right-of-way; • Southeast corner of Newport Center Drive East at Center Drive — two (2) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 11.9 feet into the public right-of-way; • Northeast corner of Newport Center Drive East at Center Drive — two (2) decorative concrete bollards, 24 -inches wide by 30 -inches tall, encroaching up to 11.9 feet into the public right-of-way; 6-2 Request to Retain Existing Improvements within the Public Right -of -Way in the Newport Center Area October 25, 2016 Page 3 City Council Policy L-6, "Private 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 installation of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits or encroachment agreements. In Section A, which outlines the general encroachment prohibitions, "...structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way or exceeds 3 feet in height..." are prohibited. The owner is requesting City Council consideration for waiver of this policy to allow the retention of the various encroachments identified above. Staff has reviewed this request and supports this policy waiver. In staff's review of the existing site conditions, the existing improvements do not hinder the use of the public right of way, including sidewalks. The retention of the various improvements will not diminish the rights of the public, present and future, at these locations. Should the City Council elect to approve the waiver and retention of the said private improvements and appurtenances, staff recommends that the City Council require the owner to enter into an encroachment agreement with the City. The encroachment agreement specifies the rights of the City including future removals and the responsibilities of the property owner. The encroachment agreement is recorded onto the property's title and provides important notice and protections for the City and for the current and future property owners. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15060(c)(3) 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Location Map Attachment B — Site Photos Attachment C — Plans Attachment D — City Council Policy L-6 6-3 ATTACHMENT A ATTACHMENT B SITE PHOTOS Northeast corner of Newport Center Dr @ San Miguel Dr East side of Newport Center Dr East between San Miguel Dr and San Nicolas Dr v li 16m �- 6-5 ATTACHMENT B SITE PHOTOS Southeast corner of Newport Center Dr East @ San Nicolas Dr Northeast corner of Newport Center Dr East @ San Nicolas Dr mm ATTACHMENT B SITE PHOTOS East side of Newport Center Dr East between San Nicolas Dr and Santa Rosa Dr Southeast corner of Newport Center Dr East @ Santa Rosa Dr 6-7 ATTACHMENT B SITE PHOTOS Northeast corner of Newport Center Dr East @ Santa Rosa Dr East side of Newport Center Dr East between Santa Rosa Dr and Center Dr 110 :.4' ANN All .: ATTACHMENT B SITE PHOTOS Southeast corner of Newport Center Dr East @ Center Dr Northeast corner of Newport Center Dr East @ Center Dr n� T .• ATTACHMENT B SITE PHOTOS East side of Newport Center Dr East between Center Dr and Santa Cruz Dr - -1�� -- - Southeast corner of Newport Center Dr East @ Santa Cruz Dr 6-10 J1� 6-10 h 1 _ 450 NEWPORT y j CENTER DRIVE IMPRO�L�Y��� I � LOCATION MAP / EXIST. ADDRESS/TENANT SIGN f EXIST. AFFIC SIGNAL r - NON-STANDARD CONCRETE BOLLARD (24" DIA x 30"HIGH) NON-STANDARD - - CONCRETE SECTION (4„ THICK HAND - SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS EXIST. TRAFFIC SIGNAL LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION (839 S.F.) NON-STANDARD BOLLARDS (6 TOTAL) PREPARED BY: Stantec ENCROACHING IMPROVEMENTS 400 NEWPORT CENTER DRIVE1 DA 07129/2016 0 SHEET 38 TECHNOLOGY DRIVE, SUITE 100 _ V r N IRVINE, CA 92618 949.923.6004 stantec.com NEWPORT BEACH, CA OF 120 h 1 _ 450 NEWPORT y j CENTER DRIVE IMPRO�L�Y��� I � LOCATION MAP / EXIST. ADDRESS/TENANT SIGN f EXIST. AFFIC SIGNAL r - NON-STANDARD CONCRETE BOLLARD (24" DIA x 30"HIGH) NON-STANDARD - - CONCRETE SECTION (4„ THICK HAND - SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS EXIST. TRAFFIC SIGNAL LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION (839 S.F.) NON-STANDARD BOLLARDS (6 TOTAL) PREPARED BY: Stantec ENCROACHING IMPROVEMENTS 400 NEWPORT CENTER DRIVE1 DA 07129/2016 0 SHEET 38 TECHNOLOGY DRIVE, SUITE 100 N IRVINE, CA 92618 949.923.6004 stantec.com NEWPORT BEACH, CA OF 120 le cp c IMPROVEMENT AREA 450 NEW?ORT, 1` CENTER DRIVE �NE EN WPORT I �� C7 O r - - - - CENT> .R DRfVE I / NEWPORT CENTER LOCATION MAP EXIST. EXIST. PLANTER BOX STAIRS R F., �1 • I4 4 i NON-STANDARD CONCRETE SECTION (4" THICK HAND - SEEDED AGGREGATE) NON-STANDARD CONCRETE BOLLARDS (24"DIA x 30"HIGH) IMAGE OF ENCROACHING IMPROVEMENTS EXIST. PLANTER BOX a C _ al LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION (364 S.F.) NON-STANDARD BOLLARDS (4 TOTAL) `- RIGHT OF WAY PREPARED HY: Stantec ENCROACHING IMPROVEMENTS 454 NEWPORT CENTER DRIVE2 DATE: 07/29/2416 Q LID SHEET 38 TECHNOLOGY DRIVE, SUITE 100 cv IRVINE, CA 92618 949.923-6004 stantec.com NEWPORT BEACH, CA OF 12 v 6 6-12 //Z �� 1 �unllllnl / 450NEWP01T'it CENTER DRIVE-��1 - -- - _ Z aoo vewaoar �� J CENT R."" �i -- �a -- g NEWPORT CENTER r r IMPROVEMENT AREA. r LOCATION MAP / ism NON-STANDARD CONCRETE SECTION (4" THICK HAND - SEEDED AGGREGATE) NON-STANDARD CONCRETE BOLLARDS (24" DIA x 30"HIGH) IMAGE OF ENCROACHING IMPROVEMENTS �. EXIST. STAIRS 4 1 I N o EXIST. TRAFFIC SIGNAL RIGHT OF WAY 10 0- j NON-STANDARD BOLLARDS -�- EXIST. ADDRESS/TENANT SIGN* 1 (6 TOTAL) LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION RY CF'4,rER'pR1VE (797 S.F.) evy PREPARED HY: DATE: Q ENCROACHING IMPROVEMENTS 07129/2016 Stantec 454 NEWPORT CENTER DRIVE3 38 TECHNOLOGY DRIVE, SUITE 100 SHEET cV IRVINE, CA 92618 le 949.923.6000 startec.com NEWPORT BEACH, CA OF 12 o cv 6-13 17 520 NEWPORT i , `��• TOT, CENTER DRIVE olup � 0 0� j OWNEWPORT 500 NEWPORT V CENTER DRIVE j CENTER DRIVE ► r --cc z, _ IMPROVEMENT AREAS _. NEWPORT CENTER - DRIVE EAST �� C LOCATION MAP IVVIV JI P4I4Lin I\U CONCRETE BOLLARDS (24"DIA x 30"HIGH) w NON-STANDARD � CONCRETE SECTION (4" THICK HAND -SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS ' 1 "=20' [Lo. Q Q � V RIGHT OF WAY—, EXIST. STAIRS—� S GNALTRAFFIC o XQ 0 EXIST. ADDRESS/TENANT fl SIGN z \—EXIS7 EXISTING TS P ACCESSIBLE SIGN ------ (1 TOTAL) NE WPORT CENTER --` I EAST LIM DE{ (67 EXIST. EH ® a LEXIST. EEEC PB -NON-STANDARD BOLLARDS (5 TOTAL) --- OF NON-STANDARD ZATIVE CONCRETE SECTION S.F.) l PREPARED HY: DATE: Q ENCROACHING IMPROVEMENTS 0712912016 Stantec 500 NEWPORT CENTER DRIVE SHEET 4 38 TECHNOLOGY DRIVE, SUITE 109 cv IRVINE, CA 92618 C> 949.923.6000 stcantec.com NEWPORT BEACH, CA OF 12 C4 6-14 El ❑ u ❑ F -NEWPORT CENTER DRIVE j) ; Al y 550 NEWPORT500 NEWPORT CENTER DRIVE CENTER DRIVE Z �- 4 IMPROVEMENT AREA NEWPORT CENTER I ! - DRIVE EAST LOCATION MAP IMAGE OF ENCROACHING IMPROVEMENTS 1 "-20' XIST. STAIRS RIGHT OF WAY mm LIMITS OF NON-STANDARD NEWPORT CENTER DECORATIVE CONCRETE SECTION DRIVE EAST (315 S. F.) PREPARED HY: Stantec ENCROACHING IMPROVEMENTS DATE: 07/29/2016 Q XIST. STAIRS RIGHT OF WAY mm LIMITS OF NON-STANDARD NEWPORT CENTER DECORATIVE CONCRETE SECTION DRIVE EAST (315 S. F.) 6-15 PREPARED HY: Stantec ENCROACHING IMPROVEMENTS DATE: 07/29/2016 Q 38 TECHNOLOGY DRIVE, SUITE 109 IRVINE, CA 92618le 949.92390 stantec.cam .60 550 NEWPORT CENTER DRIVEsHEET NEWPORT BEACH, CA 5' OF 12 Cy � 6 6-15 5NEWPORT = CENTER DRIVE ' LJ^U J IJ LJ�_ II to �� oiv Z � 35Q.NEWPOkT ' ;° 500 NEWPORT =TE�RDRIVE j CENTER DRIVE o LIMPROVEMENT AREA ti I� NEWPORT CENTER -� yam- DRIVE EAST 3 LOCATION MAP l' 1 1 EX16T. SD MH l ` EXIST. T5 PB 1 EXIST. O > RAFFIC �IGNA _ RD CONCRETE BOLLARDS (24"DIA x 30"HIGH) NON-STANDARD CONCRETE SECTION\ - (4" THICK HAND -SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS 4' WIDE SCE ESMT O.R. 2013000470697 RIGHT OF WAY LIMITS OF NON -STANDARDS DECORATIVE CONCRETE SE£TI r O - _-(834 S.F.) X I ST. TRAFFIC S NAL EXIST. TS PH NON-STANDARD BOLLA DS (5 TOTAL) - - EXIST. STAIRS XISTING ACCESSIBLE SIGN-- _ z(1 TOTAL) NEWPORT CENTER I DRNE EAST - PREPARED HY: Stantec ENCROACHING IMPROVEMENTS 660 NEWPORT CENTER DRIVE DATE: 07/29/2016 Q SHEET 6 38 TECHNOLOGY DRIVE, SUITE 109 C.4 IRVINE, CA 92618 949.923.6090 stantec.comNEWPORT BEACH, CA OF 12 � 0 � 6-16 G �- ' IMPROVEMENT AREA -' LOCATION MAP NON-STANDARD NON-STANDARD CONCRETE BOLLARD CONCRETE SECTION (24"DIA x 30"HIGH) (4" THICK HAND - SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS �o f RIGHT OF WAY c*) f EXIST. STAIRS ►� CIO EXIST. TS PB EXIST. _ a _ TRAFFIC SIGNAL ,4 Iflf- --� EXIST, ADDRESS/TENANT NON-STANDARD SIGN BOLLARDS (5 TOTAL) LIMITS OF NON-STANDARD Afi�!pVp EXIST. FHEC RSA LIVE COkRETE SECTION OR _' t DR', 4r� EXIST. TRAFFIC SIGNAL PREPARED BY: DA ENCROACHING IMPROVEMENTS 07129/2016 Q Stantec (3610 NEWPORT CENTER DRIVE 7 38 TECHNOLOGY DRIVE, SUITE 100 SHEET N IRVINE, CA 92618 v 949.923.6000 stantec.com NEWPORT BEACH, CA OF 12 0 6 6-1i 10, I- --- dv%.r'k I Ivl• IWIMF NON-STANDARD PLANTER BOX EXIST. STAIRS NON --ST D PLANTER BOX 1 NON-STANDARD CONCRETE SEON (4" THICK HA - SEEDED AGGREGAT NON -STAN DA " ,---/ CONCRETE BOLLARD-_' (24"DIA x 30"HIGH), IMAGE OF ENCROACHING IMPROVEMENTS f PLANTER 1303- \ *'-TALL CZ72" WIDE IT MILL /\ IL !lIVL 1 �I � N LIMITS OF NON-STANDARD - - DECORATIVE CONCRETE SECTION (267 S.F.) RIGHT OF WAY NON-STANDARD_--- BOLLARDS (4 TOTAL) NEWPORT CENTER DRIVE PREPARED HY: DATE: Q ENCROACHING IMPROVEMENTS ©712912416 Stantec 610 NEWPORT CENTER DRIVE8 38 TECHNOLOGY DRIVE, SUITE 100 SHEET cV IRVINE, CA 92618 le 949.923.6004 stantec.com NEWPORT BEACH, CA OF 12 � 6 6-18 -`Irk 1 SIO CENT& 0: E -` --� r4 0 IMPROVEMENT AREA LOCATION MAP r 1. om LA EXIST. TS PB NON-STANDARD CONCRETE SECTION (4" THICK HAND- f SEEDED AGGREGATE) NON-STANDARD CONCRETE BOLLARDS (24"DIA x 30"HIGH) IMAGE OF ENCROACHING IMPROVEMENTS HT OF WAY LIMITS OF NON -STA `OARO DECORATIVE -CONCRETE SECTION EXIST.', --_ TRAFFIC SIGNAL EXI;�j ST. TS PB -� LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION -NDN-STANDARD (207 S.F.) , BOLLARDS (2 TOTAL) �pRvV� GOA �- PREPARED BY: ENCROACHING IMPROVEMENTS DA©712912416 Q Stantec 610 NEWPORT CENTER DRIVE9 38 TECHNOLOGY DRIVE, SUITE 100 SHEET N IRVINE, CA 92618 v 949.923.6000 stantec.com NEWPORT BEACH, CA OF 12 0 6 i 6-19 T / 9NEWPORT LATER DRIVE N 650 NEWPORT GENTER DRIVE tN: 690 NEWPORT yJ CENTER OkiVE PG� NEWPORT CENTER \\\ J v IVPROV)gEIM_ENT AREA LOCATION MAPS EXIST, ADDRESS/TENANT SIGN NON-STANDARD r9a_ CONCRETE SECTION (4" THICK HAND - SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS RIGHT OF WAY LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION (16 S.F.) a '4 iI y EXIST. TS PB LIMITS OF NON-STANDARD DECORATIVE CONCRETE SECTION EXIST. TRAFFIC SIGNAL/ (199 S.F.) G PREPARED HY: DATE: Q ENCROACHING IMPROVEMENTS 07129/2016 Stantec 65a NEWPORT CENTER DRIVE 10 38 TECHNOLOGY DRIVE, SUITE 100 SHEET C%J IRVINE, CA 92618 114t 949.923.600 0 stantec.com NEWPORT BEACH, CA OF 12 0 6 6-20 o Q � / 560 NEWPORT S CENTER ORP4E 690 NEWPORT CENTER DRIVE 650 NEWPORT ti "\ GENTERDRIVE y4 _ - )NEWPORT CENTER J`i f' � IMPROVEMENT AREA Y1\\ LOCATION MAP ` �� �<i�1143t1 Hut RR NEW, L br I NUN -STANDARD CONCRETE SECTION (4" THICK HAND - SEEDED AGGREGATE) IMAGE OF ENCROACHING IMPROVEMENTS PREPARED BY: ENCROACHING IMPROVEMENTS �Aon2s12oas o Stantec 650 NEWPORT CENTER DRIVE11 38 TECHNOLOGY DRIVE, SUITE 100 SHEET N IRVINE, CA 92618 v 949.923.6000 stantec.com NEWPORT BEACH, CA OF 12 0 6 6-21 560 NEWPORT CENTER DRIVE +a Q _ .., IsL� d H011 _'L -- N�.. .,;650 NEWPORT�.`,,_ ------- -- 7.y 690 NEWPORT v_ CENTER DRIVE CENTER DRIVE y cl NEWPORT cervrER- NON-STANDARD ---� CONCRETE SECTION (4" THICK HAND- IMPROVEMENT AREA e SEEDED AGGREGATE) LOCATION MAP t IMAGE OF ENCROACHING IMPROVEMENTS N �. d RIGHT OF WAY EXIST. �✓� ADDRESS/TENANT SIGN Ek ST. TRAFFIC SIGNAL ~ ~ \` I LIMITS OF NON -STANDARD EXIST. TS PD DECORATIVE CONCRETE SECTION EXIST. TRAFFIC SIGNAL (252 S.F.) EXIST, TS PB R'� GAN oil" ;v- PREPARED HY: DATE: Q ENCROACHING IMPROVEMENTS 0712912016 Stantec 690 NEWPORT CENTER DRIVE12 38 TECHNOLOGY DRIVE, SUITE 100 SHEET cv IRVINE, CA 92618 le 949.923.6000 startec.com NEWPORT BEACH, CA OF 12 6 6-22 Attachment E 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/pavers installed at grade. 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. 6-23 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operations 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 Operations 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 such that Council review is warranted, the Department may forward the item to the Council for action. 6-24 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. There 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, 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 2'-6" of the back of existing sidewalk, planted with ground cover and 6-25 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. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade. ii. 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. 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. 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. 6-26 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 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 Operations 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 Amended - August 11, 1975 Amended - December 9,1991 Amended - February 9,1981 Amended - December 14,1992 Amended - November 23,1981 Amended - July 12,1993 Amended - October 27, 1986 Amended - January 24, 1994 Amended - January 26,1987 Amended - May 9,1994 Amended - July 13,1987 Amended - February 27,1995 Amended - February 13,1989 Amended - February 26,1996 6-27 Amended - May 8, 2001 Amended - January 27, 2015 6-28