HomeMy WebLinkAbout2.0_Cortell Trust Encroachment_PA2020-287
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 22, 2020
Agenda Item No. 2
SUBJECT: Cortell Trust Encroachment (PA2020-287)
Encroachment Permit No. N2020-0482
SITE LOCATION: 425 Tustin Avenue
APPLICANT: Cortell Living Trust
OWNER: Cortell Living Trust
PLANNER: Abby Cooke, Associate Civil Engineer
949-644-3323, acooke@newportbeachca.gov
PROJECT SUMMARY
A request to install non-compliant private improvements within the Tustin Avenue public
right-of-way consisting of two 6-inch steps and a fence with 36-inch high pilasters that
encroach up to 8 feet, 10 inches into the public right-of-way.
RECOMMENDATION
1) Find the project exempt from the California Environmental Quality Act (CEQA)
Guidelines pursuant to Section 15303 under Class 3 (New Construction or
Conversion of Small Structures), because it has no significant effect on the
environment;
2) Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to install non-
compliant private improvements consisting of two steps and a fence with pilasters
that encroach into the Tustin Avenue public right-of-way, contingent upon all
conditions of the Encroachment Permit process being met (Attachment No. PC 1);
and
3) Adopt Resolution No. PC2020-038 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2020-0482 (Attachment No. PC 2).
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Cortell Trust Encroachment (PA2020-287)
Planning Commission, October 22, 2020
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VICINITY MAP
SUBJECT
PROPERTY
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INTRODUCTION
The property owner of 425 Tustin Avenue (“Owner”) recently began construction of steps
and a fence along 425 Tustin Avenue. At the time, the Owner thought the work was on
private property and they were unaware that it was located in the public right-of way. Upon
applying for a building permit, they learned the work was located within the Tustin Avenue
public right-of-way. The Owner then stopped work and applied for an encroachment
agreement and permit.
The Owner is requesting to construct two 6-inch steps and a fence with pilasters not to
exceed 36 inches in height (measured from the proposed adjacent sidewalk elevation)
encroaching up to 8 feet 10 inches into the Tustin Avenue right-of-way. City Council Policy
L-6 (“Policy”) prohibits the proposed encroachments, and the Owner is requesting a
waiver of the Policy to install the requested steps, fence and pilasters.
The Owner is also requesting to plant a new 36-inch box Palo Verde tree and construct
a decorative white concrete sidewalk that is consistent with the Policy. The proposed tree,
which has been approved by the Municipal Operations Department, will be installed and
maintained by the homeowner per City Council Policy G-1, Retention, Removal, and
Maintenance of City Trees, and will be entered into the City’s street tree inventory
(Attachment No. PC 3). The maintenance of a City tree and decorative walkway requires
the execution of a standard encroachment agreement, an administrative task subject to
the approval of the Public Works Director or designated staff and does not require
Planning Commission approval.
Please see attached site plan, site photos, and Owner letter dated July 29, 2020
(Attachment Nos. PC 4, 5, and 6).
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 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.
Private encroachments are prohibited without a waiver of Policy L-6, which 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 right-of-way or exceeds three (3)-feet in height…” The Owner is
requesting a waiver of this policy to allow the installation of a fence with pilasters that
encroach up to 8 feet, 10 inches into the Tustin Avenue public right-of-way with a
maximum height of 36 inches as measured from the adjacent proposed sidewalk
elevation.
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The following facts were considered in reviewing this matter:
1) The Tustin Avenue parkway within the public right-of-way is approximately 12 feet
wide. There is an elevation change of approximately 3 feet between the curb on
Tustin Avenue and the property line;
2) Improvements appear complementary to the area; adjacent neighbors have similar
private encroachments within the Tustin Avenue right-of-way. The requested fence
will align with the fence of an adjacent neighbor, 429 Tustin Avenue, which is a
permitted fence with an existing encroachment agreement. Some of the adjacent
encroachments are permitted through an encroachment permit and agreement,
whereas others have been constructed without approval;
3) The proposed private improvements do not diminish the rights of the public along
the Tustin Avenue right-of-way. There are currently no sidewalks on Tustin
Avenue, nor does the City have plans for installing sidewalks on this street;
however, the City would retain the right to install a public sidewalk or other
improvements should it prove necessary in the future;
4) The Owner will be installing and maintaining a Palo Verde tree, consistent with
Council Policy G-1, which will be entered into the City’s tree inventory;
5) There is no driveway located along Tustin Avenue where the proposed
improvements could obstruct sight distance for drivers;
6) There are no existing City utilities within the encroachment area; and
7) Approval would require the Owner to enter into an Encroachment Agreement to
allow the proposed improvements as requested, and any liability associated with
the proposed private improvements would be transferred to the Owner.
Additionally, if the need for public improvements should arise in the future, Owner
shall agree to remove all encroachments at no cost to the City.
The Public Works Director has reviewed this request and supports the policy waiver for
the requested improvements. In staff’s review of the site conditions, the proposed
improvements do not hinder the use of the public right-of-way. The proposed private
improvements will not be detrimental to the health, safety and welfare of the public. The
installation of the private improvements will not diminish the rights of the public, present
and future at this location, provided an encroachment agreement between the City and
the Owner will be executed.
Should the Planning Commission approve the waiver and installation of the proposed
private improvements and appurtenances, staff recommends an encroachment
agreement consistent with Policy L-6. The encroachment agreement specifies the rights
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Planning Commission, October 22, 2020
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of the City and any liability associated with the proposed private improvements would be
transferred to the Owner. 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
Guidelines pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) because it has no potential to have a significant effect on the
environment. Class 3 exempts the construction accessory (appurtenant) structures
including garages, carports, patios, swimming pools, and fences. The proposed
improvements (stairs, pilasters, and fences) are consistent with this exemption. There are
no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the
use of these exemptions.
Public Notice
Notice of this hearing was published in the Daily Pilot, 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:
Abby Cooke
Associate Civil Engineer
Jim Campbell
Deputy Community Development Director
ATTACHMENTS
PC 1 City Council Policy L-6 (Encroachments in Public Rights-of-Way)
PC 2 Draft Resolution with Findings and Conditions
PC 3 City Council Policy G-1 (Retention, Removal, and Maintenance of City Trees)
PC 4 Site Plan
PC 5 Site Photos
PC 6 Owner Letter dated July 29, 2020
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Attachment No. PC 1
City Council Policy L-6
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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 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.
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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.
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 Commissions 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.
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L-6
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.
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.
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L-6
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.
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.
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.
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L-6
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:
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.
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L-6
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.
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.
The bay side is improved with a privately constructed bulkhead on public
property. Improvements allowed at this location shall consist of the following:
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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.
I. Bay Front Street Ends
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L-6
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.
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L-6
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.
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.
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L-6
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.
Private encroachments not requiring a permit.
A. 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.
B. Parkway sprinkling systems.
C. 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.
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:
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.
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L-6
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.
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
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1970, 03/ 09) - I-12 - Amended
1971, 02/08) - L-6 - Reaffirmed
1972,02/14) - L-6 Amended
1972, 02/14) -1-12 Reaffirmed
1973,12/ 10) - L-6 - Reaffirmed
1973,12/ 10) - I-12 Amended
1974,11/ 11) - L-6 Reaffirmed
1974,11/ 11) -1-12 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) -1-12 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
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)
2018,11/27) - L-6 - Amended
12
22
Attachment No. PC 2
Draft Resolution with Findings and
Conditions
23
INTENTIONALLY BLANK PAGE24
RESOLUTION NO. PC2020-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL
POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO.
N2020-0482 FOR A REQUEST TO CONSTRUCT
IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY
LOCATED AT 425 TUSTIN AVENUE (PA2020-287)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cortell Living Trust, (“Owner”), with respect to property located
at 425 Tustin Avenue, Newport Beach, California and legally described as Lot 20 in Block
1 of Tract No. 919 (“Property”), requesting approval of an encroachment permit.
2. The Owner requests to install non-compliant improvements within the Tustin Avenue public
right-of-way including two (2) six (6) inch steps and a fence with 36 inch high pilasters that
encroach up to eight (8) feet ten (10) inches into the public right-of-way (“Project”).
3. The requested encroachment is not specifically provided within City Council Policy L-6,
thus, the requested encroachment is prohibited under Section A (Private encroachments
that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the
requested encroachment may only be approved upon the waiver of City Council Policy L-
6 and approval of the encroachment permit by Planning Commission.
4. A telephonic public meeting was held on October 22, 2020 in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the 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 Way). Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this hearing.
5. The Property is not located within the coastal zone.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
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Planning Commission Resolution No. PC2020-038
Page 2 of 4
2. The Class 3 exemption includes construction of a single-family residence and related
accessory structures in a residential zone. The proposed improvements, which consist
of steps and a fence with pilasters within the public right-of-way, are accessory to the
existing single-family home.
3. 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 the 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 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.
2. The Tustin Avenue parkway within the public right-of-way is approximately 12 feet wide.
There is an elevation change of approximately three (3) feet between the curb on Tustin
Avenue and the property line.
3. The Project does not diminish the rights of the public along the Tustin Avenue right-of-
way. There are currently no sidewalks on Tustin Avenue, nor does the City have plans
for installing sidewalks on this street.
4. There is no driveway located along Tustin Avenue where the proposed improvements
could obstruct sight distance for drivers.
5. Approval would require the Owner to enter into an Encroachment Agreement to allow
the proposed improvements as requested, and any liability associated with the proposed
private improvements would be transferred to the Owner. Additionally, if the need for
public improvements should arise in the future, Owner shall agree to remove all
encroachments at no cost to the City.
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Planning Commission Resolution No. PC2020-038
Page 3 of 4
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 Tustin Avenue right-of-way. The requested fence will
align with the fence of the adjacent neighbor at 429 Tustin Avenue. This is a permitted
fence with an existing encroachment agreement. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy
L-6 and approves Encroachment Permit No. N2020-0482, subject to the conditions set
forth in Exhibit “A,” which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen (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.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF OCTOBER, 2020
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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Planning Commission Resolution No. PC2020-038
Page 4 of 4
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 Owner 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 Owner shall enter into an Encroachment Agreement within one (1) calendar year
upon receipt of approval, otherwise this approval shall automatically expire.
5. To the fullest extent permitted by law, Owner 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 Cortell Trust Encroachment (PA2020-287) including, but not limited to,
Encroachment Permit No. N2020-0482. 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 Owner, City, and/or the parties initiating or bringing such
proceeding. The Owner 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 Owner shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. PC 3
City Council Policy G-1
29
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G-1
1
RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES
Goal of Policy
To establish and maintain appropriate diversity in tree species and age classes to
provide a stable and sustainable urban forest with an inventory that the City can
reasonably maintain in a healthy and safe condition through the efficient use of
City resources. To require that in approving any tree removal or reforestation
request, the Parks, Beaches and Recreation Commission (“Commission “) shall
find that the tree removal request will not adversely impact the overall inventory,
diversity and age of the City’s Urban Forest.
Purpose
The purpose of this policy is to establish definitive standards for the retention,
removal, maintenance, reforestation, tree trimming standards, and supplemental
trimming of City trees. City trees are an important part of the character and charm
of the entire City and provide environmental benefits as well. Regular care,
trimming, root pruning, maintenance, and programmed replacement are
necessary to preserve this charm while at the same time protecting views
consistent with City Council Policy G-3, providing personal safety, and preventing
public and private property damage and providing a sustainable urban forest.
The City classifies public trees in one of three categories: Special City Trees,
Problem City Trees, and Standard City Trees.
I. SPECIAL CITY TREES
It is the City’s policy to retain Special City Trees (“Special Trees”)
categorized as Landmark, Dedicated, or Neighborhood trees, because they
have historical significance, and/or contribute to, and give character to, a
location or to an entire neighborhood. Landmark, Dedicated, and
Neighborhood trees are identified by species in Attachment 1, and shall
hereinafter be collectively referred to as Special Trees. Trees within these
three categories shall be identified, mapped, recorded and administered by
staff for the Commission. When staff proposed modifications, the
Commission shall review the Special Tree list and forward
recommendations for additions or deletions to the City Council for
approval.
Landmark Trees are identified as those individual Special Trees that possess
historical significance by virtue of their size, age, location, or species.
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Dedicated Trees are Special Trees donated in the memory of specific
individuals or organizations.
Neighborhood Trees are Special Trees that by their unusual size, number,
species, or location lend a special character to a residential, commercial, or
business area.
All Special Trees shall be retained, unless there are overriding problems
which will require their removal such as death, disease, interference with
infrastructure, or the creation of a hazardous situation. Prior to considering
the removal of any Special Tree(s), the Municipal Operations Director, or
designee, shall prepare a report identifying and implementing specific
treatment to retain the tree(s). If specific treatment is unsuccessful or
impractical in retaining a tree(s) then a full staff report shall be made to the
Commission before any further action considering removal is taken. Prior
to any removal of Special Tree(s), the City must comply with the noticing
provisions of the Removal of City Trees Section set forth in Section IV.A. of
this Policy, unless a Special Tree is considered so hazardous as to
necessitate an emergency removal. In the case of emergency removals, the
Landscape Manager or the City Arborist shall have the authority to direct
the removal of a hazardous tree.
Long term, most trees reach maturity and decline, and will be replaced one-
for-one with the same species or the closest equivalent wherever possible.
During normal sidewalk, curb, and street repair activity requiring root
pruning, all steps shall be taken to retain Special Trees. If tree roots are to
be pruned in association with sidewalk, curb, and gutter improvements,
sufficient timing in advance must be planned to ensure that pruning will
not destabilize or kill the tree. If both sides of a Special Tree’s roots are to
be pruned, one side should be pruned six months to a year in advance of
the other side depending upon the species and other related factors. If root
pruning methods are not practical and/or critical to the health of the tree,
then alternate or special hardscape improvements should be considered by
the City in order to retain the tree providing that costs are reasonable. All
proposed root pruning or other tree treatment shall be evaluated and
approved by the City Arborist.
Special Trees may be considered for removal in conjunction with a City
Council-approved beautification project utilizing the Removal of City Trees
procedures noted in Section IV.A. of this Policy.
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II. PROBLEM CITY TREES
A Problem City Tree (“Problem Tree”) is defined as a tree that by virtue of
its species causes excessive hardscape or utility damage due to its excessive
root system. The following trees are defined as Problem Trees:
• Ficus nitida (Indian Laurel Fig)
• Ficus rubiginosa (Rusty Leaf Fig)
• Ficus benjamina (Weeping Fig)
• Erythrina caffra (Kaffirboom Coral Tree)
• Fraxinus uhdei (Shamel Ash)
• Cupaniopsis anacardioides (Carrotwood)
• Liquidambar styraciflua (American Sweet Gum)
• Schinus terebinthifolius (Brazilian Pepper)
Problem Trees shall not be designated as City parkway trees on the Street
Designation Tree List of City Council Policy G-6, unless they are Special
Trees.
Problem Trees that are not designated Special Trees may be removed for
the following reasons:
A. The Problem Tree has had a repeated history of damaging public or
private sewers, water mains, roadways, sidewalks, curbs, walls,
fences, underground utilities, or foundations based on City records
or other competent and reliable authority. Water or sewer blockage
that results from tree roots and causes significant documented
private property damage (greater than $500.00) shall be sufficient
criterion for tree removal; or
B. The Problem Tree has had a repeated history of significant
interference with street or sidewalk drainage, despite specific
treatment by the City to alleviate repeated damage; or
C. The Problem Tree has created, in the opinion of the City Arborist, a
view impediment that cannot be resolved by normal nor alternative
tree trimming procedures.
Problem Trees may be proposed for removal by either staff or private
property owners. The Municipal Operations Director has the authority to
remove Problem Trees. No more than 50 Problem Trees may be removed
per year by staff under these criteria without special approval of the
Commission.
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Replacement trees of a 36-inch box size shall be planted if funding,
availability and growth space permits.
Staff is responsible for notifying the adjacent property owner, the legally
established homeowners association, if applicable, and the Councilperson
of the district where the removal is proposed, of the intent to remove a
Problem Tree. The decision by the Municipal Operations Director to
remove a problem tree is final unless called up by at least one
Councilperson. The City Arborist shall report the removal of Problem Trees
on a monthly basis to the Commission. The cost to remove and replace
Problem Trees will be the sole responsibility of the City based on funding,
availability and growth space.
III. STANDARD CITY TREES
A City tree which is located on City real property (parkways, parks, other
City-owned property) and not designated as a Special or Problem Tree is
designated as a Standard City Tree (“Standard Tree”). It is the City’s policy
to retain Standard Trees unless removal is necessary for one of the
following reasons:
A. The City tree has had a repeated history of damaging public or
private sewers, water mains, roadways, sidewalks, curbs, walls,
fences, underground utilities, or foundations based on City records
or other competent and reliable authority. Water or sewer blockage
that results from tree roots and causes significant public or private
property damage (greater than $500.00) shall be sufficient criterion
for tree removal; or
B. The City tree has had a repeated history of significant interference
with street or sidewalk drainage; or
C. The City tree is dead, diseased, dying, or hazardous, and presents a
liability to the City. A dead tree is one that has been assessed by the
City Arborist and found to have deceased. Diseased trees are
defined as those trees that cannot be cured by current arboricultural
methods, are in an advanced state of decline, and have no prospect
of recovery. Dying trees are those that have no prospect of recovery.
Hazardous trees are defined as those that are defective, have a
potential to fail, and would cause damage to persons and property
upon failure. The City Arborist will perform a hazard assessment
whenever a tree is identified as hazardous. The assessment will
identify: structural defects of the tree, parts of the tree most likely to
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fail, targets where imminent personal injury or property damage
may result with tree failure, and procedures or actions necessary to
abate the hazard. After assessment, the City Arborist will
expeditiously convey his written findings and recommendations to
the Municipal Operations Director for evaluation. If the Municipal
Operations Director agrees with the City Arborist findings to remove
a tree, the hazardous tree will be removed without further delay. In
the case of imminent tree failure, the Landscape Manager or the City
Arborist shall have the authority to direct the removal of a
hazardous tree; or
D. The tree(s) have been requested to be removed in conjunction with a
City Council-approved City, commercial, neighborhood, or home
owners’ association beautification program; or
E. The City Manager, upon the advice of the Municipal Operations
Director, City Attorney, Risk Manager or the Traffic Engineer, shall
have the authority to remove individual Problem or Standard Trees
to resolve claims or safety issues.
IV. REMOVAL OF CITY TREES
The initiation to remove City tree(s) may be made by the staff of the
Municipal Operations and/or Public Works Departments, a home owners’
association, or a private property owner by submitting an application to the
Municipal Operations Director, utilizing the City Tree Removal form
available on the City’s website: www.newportbeachca.gov.
The City will replace all trees removed in accordance with the Standard
Trees removal criteria on a one for one basis, as funding, availability and
growth space permits. Replacement trees will be a minimum of a 36” boxed
size. If 36” boxed trees are not available or funding or space constraints
prevent planting of a large tree, then a minimum of a 24” boxed tree will be
planted. The full costs of removal and replacement of all City Tree(s) will
be the sole responsibility of the City, unless an applicant voluntarily pays
for a new tree(s), or desires to upgrade to a box size larger than 36” planted
as a replacement, then the resident will be responsible for the difference in
price.
A. Removal of Special City Trees
• Special Trees may be considered for removal under the same
criteria as Standard Trees in Section IV.C. (Removal of
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Standard Trees) if a special report, prepared by the Municipal
Operations Director and approved by the City Manager, is
provided to the Commission detailing the necessity of
removal and any specific previous treatment of the tree.
• Removal of a Special Tree(s) is initiated by submitting an
application utilizing the City Tree Removal form, which must
be approved by the City Manager.
• After receipt of the application, a Tree Inspection Report shall
be prepared by the City Arborist to determine if the tree(s)
meets the criteria for consideration for removal outlined in
Section IV.C.
• Simultaneously, the City Arborist shall determine whether in
his/her judgment additional specific treatment can be
initiated to retain the tree provided the costs are reasonable.
• If a tree(s) is to be removed, the tree(s) will be posted at least
30 days prior to the removal with a sign notifying the public
that they have the right to appeal. The sign shall also note a
staff contact.
• The City Arborist shall also provide a notice of the proposed
tree removal to the adjacent property owner (if not the
applicant), the private property owners immediately adjacent
to the applicant’s property, and the appropriate home
owners’ association if applicable, (not applicable to the
emergency removal of hazardous trees under Item C nor to
trees that meet the criteria of Item E in Section III (Standard
Trees)).
• Once a recommendation is made by the City Arborist and the
Landscape Manager to the Municipal Operations Director or
designee and the Director concurs, then the applicant, the
adjoining owners, private property owners on either side of
the street within 500’ in each direction of the tree location and
a home owners’ association, if applicable, shall be notified of
the decision to remove or retain the tree(s) at least 30 days
before the proposed removal. A home owners’ association is
responsible for notification of all association members
pursuant to their established procedure.
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• The Municipal Operations Director, or a designee, shall
prepare a staff report for a regularly scheduled Commission
meeting of all trees recommended for removal, except for
those trees categorized as Item C (dead, diseased, or dying
trees) or Item E (claims and safety issues) in Section III
(Standard City Trees).
• Any appeal to the Council regarding a Commission tree
decision must be received by the Municipal Operations
Director no later than 14 calendar days following the date of
the Commission decision. The Municipal Operations Director
will delay any tree removals until the appeal period has
expired or until the Commission has acted upon the appeal.
• The full costs of removal and replacement of Special Tree(s)
will be the sole responsibility of the City, unless an applicant
voluntarily pays for a new tree(s), or with the exception of
Category C (view) in Section II, which is the sole
responsibility of the applicant.
B. Removal of Problem City Trees
• Problem Trees may be proposed for removal by either City
staff, a home owners’ association, or private property owners
by written application utilizing the City Tree Removal form.
The Municipal Operations Director has the authority to
remove Problem Trees.
• No more than 50 Problem Trees may be removed per year by
staff without special approval of the Commission.
• No more than one of three problem parkway trees in a
continuous row may be removed in a one year period without
a hearing before the Commission, unless part of a
reforestation approved by the Commission. Replacement
trees of a 36” boxed size shall be planted if funding permits.
• Staff is responsible for notifying in advance, if applicable, the
adjacent property owner, the legally established homeowners
association, and the Councilperson of the district where the
removal is proposed of the intent to remove a Problem Tree.
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• The decision by the Municipal Operations Director to remove
a problem tree is final unless called up by at least one
Councilperson. The City Arborist shall report the removal of
Problem Trees on a monthly basis to the Commission.
• The cost to remove and replace Problem Trees will be the sole
responsibility of the City based on availability of funding,
with the exception of Category C (view) in Section II, which
is the sole responsibility of the applicant.
C. Removal of Standard City Trees
• The initiation to remove a Standard Tree(s) may be made by
the staff of the Municipal Operations and/or Public Works
Departments, a home owners’ association, or a private
property owner by submitting an application to the
Municipal Operations Director, utilizing the City Tree
Removal form.
• After receipt of the application, a Tree Inspection Report shall
be prepared by the City Arborist to determine if the tree(s)
meets the criteria for consideration for removal as outlined in
the above Section III (Standard City Trees). The City Arborist
shall determine whether in his/her judgment additional
specific treatment can be initiated to retain the tree provided
the costs are reasonable.
• The City Arborist shall make a finding in regards to
inappropriate tree species for a specific location and forward
to Landscape Manager. The authority to remove Standard
Trees rests with the Municipal Operations Director.
• Once a recommendation is made by the City Arborist and the
Landscape Manager to the Municipal Operations Director, or
designee, and the Director agrees with the recommendation,
the City may remove the tree(s).
• Staff is responsible for notifying in advance, if applicable, the
adjacent property owner, the home owners’ association, and
the Councilperson of the district where the removal is
proposed of the intent to remove a Standard Tree.
• Any appeal to the Commission regarding a tree decision must
be received by the Municipal Operations Director no later
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than 14 calendar days following the date of the notice of
intent. The Municipal Operations Director will delay any tree
removals until the appeal period has expired or until the
Commission has acted upon an appeal.
• The City will replace all trees removed in accordance with the
Standard Trees removal criteria on a one for one basis.
Replacement trees will be a minimum of a 36” boxed size. If
36” boxed trees are not available, or funding or space
constraints prevent planting of a large tree, then a minimum
of a 24” boxed tree will be planted. If resident/applicant
desires to upgrade to a 48” boxed tree or larger, the
resident/applicant will be responsible for the difference in
price.
• The full costs of removal and replacement of Standard Tree(s)
will be the sole responsibility of the City, unless an applicant
voluntarily pays for a new tree(s) or desires to upgrade to box
size larger than 36” planted as a replacement, then the
applicant will be responsible for the difference in price.
V. REFORESTATION OF CITY TREES
A. Description of Reforestation
Reforestation is defined as the concept of systematically replacing
Problem or Standard Trees which are creating hardscape and/or
view problems and cannot be properly trimmed, pruned or modified
to alleviate the problem(s) they create; or those which have reached
their full life and are declining in health; or are simply the wrong
species of trees for the planted location.
It is recognized and acknowledged that many City trees were
planted years ago and in some cases were planted with specific
species that when fully mature cause damage to curb, gutter,
sidewalk or underground utilities. Within the geographical
boundaries of certain view neighborhoods, City street trees may
encroach into blue water views from public and private property
depending on the length of time since the trees were last trimmed,
or the age and height of the trees. In other cases, the wrong species
of tree was planted originally and simply does not conform to the
current treescape or represents a safety hazard.
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The City Street Tree Designation List and the City Parkway Tree
Designation List attached to City Council Policy G-6 reflect an effort
by the City to designate appropriate tree species that will not cause
future problems.
The City understands the importance of trees and the beauty they
bring to a community, and desires to continually improve the urban
forest through reforestation. In areas where City trees have been
removed through City initiation, the City will endeavor to replace
the trees one for one with the appropriate designated street tree.
B. Application for Reforestation
Individual private property owners, as well as home owners’
association, may apply for single or multiple tree reforestations in
their respective area by submitting a request to the Municipal
Operations Director for consideration by the Commission that meets
the following requirements:
• The proposed area must have clearly defined contiguous
geographical boundaries that include the tree(s) proposed for
removal and replacement, street address(es), block
number(s), or other geographical information. This Section
applies to individual and group requests.
• Residential communities, neighborhoods, or business
organizations who apply for reforestation must submit a
petition signed by a minimum of 60% of the property owners
within the area defined for reforestation. The petition content
must be approved and dated by City staff prior to distribution
by the petitioner. The staff-approved petition must be
distributed by the petitioner to a maximum of 30 private
property owners (up to 15 contiguous private property
owners on both sides of the street up to 500’ in either direction
from the location of the proposed reforestation). Signatures
by non-property owners are not acceptable for petition
purposes, and there may be no more than one signature per
property. All petition signatures shall be verified by City staff
for property owner status of the person(s) signing the
petition. As an alternative to the above requirements, areas
represented by a home owners’ association may submit a
resolution of the Board of Directors formally requesting a
reforestation with a statement that all members of the home
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owners’ association having their residential views affected
have been officially notified and given an appropriate
opportunity to respond before the Board voted on the request.
Individual private property owners living within a home
owners’ association with mandatory association membership
must petition for reforestation through their respective
association.
• Individual private property owners not residing within a
home owners’ association area may submit individual
requests for single or multiple tree reforestations. The
applicant must submit a petition signed by a minimum of 60%
of a maximum of 30 private property owners (up to 15
contiguous private properties on both sides of the street up to
500’ in either direction from the location of the proposed
reforestation site) as well as the endorsement of the
appropriate homeowners association, if applicable. The
petition content must be approved and dated by staff prior to
distribution. All petition signatures shall be verified by City
staff for private property owner status of the person(s)
signing the petition.
• A written agreement must be submitted to the Parks, Beaches
and Recreation Commission by the petitioning sponsor
(individual private property owner(s) or group) to pay 100%
of the costs of the removal and replacement of the public
tree(s) in advance of any removal activity. The actual removal
and replanting will be coordinated by the Municipal
Operations Department. The total costs shall include only the
contractor’s removal and replacement costs and be paid in
advance of any removal actions.
• The replacement tree(s) for reforestation shall be an
appropriate tree that meets the criteria of the City’s Street Tree
Designation List or the City Parkway Tree Designation List as
identified in City Council Policy G-6, or the applicant (person,
group, or organization) must request and obtain approval
from the Commission of the designation of a different tree
species prior to submitting any reforestation request for a tree
species other than the designated street tree, or an
appropriate species based on the City Tree Designation Lists.
This Section applies to individual or group requests.
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• There shall be a minimum of a one for one replacement of all
trees removed in reforestation projects. Replacement trees
shall be a minimum size of 36” boxed trees, unless the
parkway space will not accommodate a 36” boxed tree or a
tree cannot be planted due to planting restrictions contained
in City Council Policy G-6. If there is not room for the
replacement tree(s) at a specific site as designated by City
Council Policy G-6, then the replacement tree(s) shall be
planted in a public area in the same neighborhood at the
option of the petitioner. This Section applies to individual or
group requests.
• Reforestation requests must be completed and submitted in a
timely manner by the petitioner. Petitions that are dated more
than 90 days past the date stamped by staff before distribution
will not be forwarded to the Commission for consideration.
The Municipal Operations Director may extend this
timeframe in his or her discretion. The completed
reforestation application will go to the Commission to decide
whether to accept or deny the requested reforestation. The
decision of the Commission on reforestation requests will be
considered final unless called up by at least one
Councilmember or the City Manager.
• The City shall require the proper care and watering of
replacement trees by the reforestation petitioner to ensure
their proper growth and development as outlined in City
Council Policy G-6. Section 13.090.030 of the Municipal Code
outlines what is expected of property owners in regards to
proper care of parkway trees adjacent to their property.
VI. TREE MAINTENANCE
The City will endeavor to fund the care of the Urban Forest to the highest
level possible through the efficient use of regular tree trimming, root
pruning, root barrier and pesticide programs in accordance with City
Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any
person from tampering with City trees.
VII. ENCROACHMENT AND DEMOLITION PERMITS
All encroachment permits (permits for private property development
which are proposed to encroach upon the City right of way) or demolition
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permits that involve the removal or replacement of City tree(s) must be
specifically noticed by the property owner to City staff prior to the building
and/or demolition permit process whenever possible. The proposed
construction plans must indicate preservation of existing City trees
wherever possible (except trees that are dead, dying, or in an advanced state
of decline). If the proposed development requires the removal of City trees,
the property owner must submit a tree removal form to the Municipal
Operations Director, pay all related tree removal and one for one
replacement costs, and meet all provisions of City Council Policies L-2 and
L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor
policies or sections. Approval or disapproval of all tree
removal/replacement requests associated with encroachment and
demolition permits will be the responsibility of the Municipal Operations
Director or a designee.
VIII. TREE TRIMMING STANDARDS
The City Council has adopted tree trimming cycles for trees of different
ages and species. Tree trimming cycles and trimming standards shall
represent the maximum feasible frequency given current fiscal conditions.
Except as provided in the Supplemental Trimming Section below, trimming
shall be in accordance with the standards of the International Society of
Arboriculture (ISA). In those communities with a home owners’
association, periodic tree trimming with an emphasis on height reduction
will be considered by the City Arborist upon written request by the
association.
IX. SUPPLEMENTAL TREE TRIMMING
The City will consider requests to trim certain trees more frequently or to
trim trees consistent with practices applied prior to the adoption of ISA
standards (to enhance public and private views, preserve required
sight/distance standards, or other public purposes) which are submitted by
affected private property owners or the board of a home owners’
association and the request is accompanied by a completed “Supplemental
Tree Trimming Form” and full payment for the requested tree trimming.
However, since these practices often require ‘topping’ or possible
disfiguring of a tree(s) and are often aesthetically displeasing and injurious
to a tree, reforestation shall be considered when supplemental tree
trimming is impractical or infeasible as determined by the City Arborist.
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The Municipal Operations Director shall establish procedures to implement
the supplemental trimming provisions of this Policy. In areas with an active
homeowners association, approval must be obtained from a legally
established association by the requestor of supplemental tree trimming if
the requested trimming is to be undertaken within the association
boundaries.
[Attachment - Exhibit A]
History
Adopted I-9 – 5-9-1966
Reaffirmed I-9 – 8-30-1966
Amended I-9 – 8-14-1967
Reaffirmed I-9 – 11-12-1968
Reaffirmed I-9 – 3-9-1970
Reaffirmed I-9 – 2-14-1972
Amended I-9 – 11-9-1976
Amended I-9 – 11-12-1985
Amended I-9 – 11-28-1988
Amended I-9 – 3-14-1994 (changed to G-1)
Amended G-1 – 4-11-1994
Amended G-1 – 2-26-1996
Amended G-1 – 7-14-1997
Amended G-1 (Administratively) – 11-24-1997
Amended G-1 – 8-10-1998
Amended G-1 – 1-25-1999
Amended G-1 – 2-22-2000
Amended G-1 – 4-23-2002
Amended G-1 – 4-27-2004
Amended G-1 – 10-11-2011
Amended G-1 – 9-8-2015
Amended G-1 – 8-8-2017
EXHIBIT A
SPECIAL CITY TREES
LANDMARK
TREES Balboa Boulevard Median Araucaria heterophylla (1)
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Balboa Library Eucalyptus globulus (3)
Balboa Library Phoenix canariensis (2)
Bob Henry Park Ficus rubiginosa (1)
Castaways Park Phoenix canariensis (1)
Lido Hotel Site Ficus microcarpa ‘Nitida’ (2)
Dover Drive east of Irvine Avenue Erythrina caffra (1)
Dover Drive at Westcliff Liquidambar styraciflua (4)
John Wayne Park Erythrina caffra (1)
Lido Isle Medians Pinus pinea (4)
Main Street Ficus microcarpa ‘Nitida’ (1)
Ocean Blvd. Corona del Mar Phoneix canariensis (5)
Wedge Area Myoporum laetum (2)
West Jetty View Park Phoenix canariensis (2)
(near Historical Marker)
Westcliff & Dover (Groves) Bike Trail Eucalyptus globulus (49)
DEDICATED
TREES Bayside Park Pyrus calleryana
(Newport-Irvine Rotary Club)
Bayview Park Cinnamomum camphora
(Gene Atherton)
Begonia Park Bauhinia blakeana
(Dr. Leo V. Turgeon)
Begonia Park Prunus cerasifera
(Cheryl Bailey Ringwald)
Bob Henry Park Ficus rubiginosa
(Bob Henry)
Bonita Canyon Sports Park Melaluca linariifolia
(Elaine Linhoff)
(Fern Pirkle)
Buffalo Hills Park Erythrina caffra
(Bahia Community Earth Day Celebration)
Buffalo Hills Park Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Castaways Park Pinus torreyana
(Kevin Murphy)
(Mary Louise Romine)
Castaways Park Platanus racemosa
(Joe Clarkson)
(Michael F. Gustin)
(Arthur Grant Kidman Junior)
(Grover Stephens, PH.D.)
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(Arthur C. Wahlstedt, Jr.)
(John D. Woodruff)
Castaways Park Quercus agrifolia
(Nancy Bergeson)
(Logan David Burley)
(Sawyer Dean Burley)
(Sawyer Dean Burley)
(Bob & Susan Caustin)
(Joe Clarkson)
(Yen Chu Kuo)
(Ryan Lemmon)
(Virginia Najera)
(Eva Victoria Najera)
(David Rapp)
(Nancy & Jack Skinner)
(Staycee Stone)
(Jason Stradtman)
(Robert T. Talbot)
(Jan Vandersloot)
(Jean Watt)
Castaways Park Quercus kelloggii
(Gregory Courteau)
Cliff Drive Park Bauhinia blakeana
(Susan Benz)
Cliff Drive Park Cassia leptophylla
(Francis P. Hemenway)
Cliff Drive Park Quercus agrifolia
(Gary Lovell)
(Dr. Vandersloot)
Eastbluff Park Hymenosporum flavum
(Lucy Huntsman)
Eastbluff Park Ficus macrophylla
(Billy Covert)
Galaxy View Park Cupaniopsis anacardioides
(Trey Hunter)
Galaxy View Park Metrosideros excelsa
(Dylan Ayres)
Gateway Park Cassia leptophylla
(Virgina Herberts)
Grant Howald Park Cassia leptophylla
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(Jean & Coalson Morris)
Grant Howald Park Hymenosporum flavum
(Skipper Mark Howes)
Grant Howald Park Metrosideros excelsus
(Mark Munro)
(Pete Munro)
Grant Howald Park Spathodea campanulata
(Cara Lee)
Irvine Terrace Park Platanus racemosa
(U.S. Bicentennial Freedom Tree)
Irvine Terrace Park Pinus pinca
(Calif. Bicentennial)
Irvine Terrace Park Liquidambar styraciflua
(Dana Harmon)
Irvine Terrace Park Pinus nigra
(Sister City of Okazaki)
L Street Park Cassia leptophylla
(Tim Van Ostenbridge)
Las Arenas Park (Ed Healy) Melaleuca linarifolia
M Street median Pinus pinea
(Walter Knott)
Mariners Park Bauhinia variegata
(Sierra Beth)
Mariners Park Cedrus deodara
(Dr. Anthony & Madeline DeCarbo)
Mariners Park Pinus halepensis
(Isy Pease)
Mariners Park Pinus eldarica
(Christopher & Marisha Thomposn)
(Meghan & Camielle Thompson)
Mariners Park Pinus radiata
(Frank Tallman)
Mariners Park Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
No. Mariners Park Pinus radiata
(Marcie Schrouder)
Newport Pier/24th Street Bike Path Chamaerops humilis
(Marie “Maxine” Louchis)
Old School Park Bauhinia variegata
(Mary Jo Tyler)
Old School Park Cassia leptophylla
(Jean & Coalson Morris)
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Peninsula Park Chamaerops humilis
(Gray Lunde Tree)
Peninsula Park Ravenea rivularis
(Don Perdue)
San Miguel Park Schinus molle
(Jon Walters)
Spyglass Hill Park Acacia baileyana
(Dennis George Brice)
(Edith Mary Brice)
Veterans Park Lagenstroemia indica fauriei
(Rosemary Rae Hill Hansen)
WCH & Superior Ave City Parking Lot Cassia leptophylla
(Louise Greeley)
West Newport Park Erythrina caffra
(Russell Marc Beaumont)
(Jeff Steven Reinker)
West Newport Park Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Various locations: Castaways Park and Cliff Drive Park slopes
(Dr. Jan David Vandersloot & Family) Quercus agrifolia
NEIGHBORHOOD
TREES
15th Street (Newport Heights) Eucalyptus cladocalyx (13)
Along Avon Avenue Eucalyptus globulus (8)
Buena Vista and Lindo Avenue Erythrina caffra (1)
Candlestick Lane (Baycrest) Eucalyptus citriodora (17)
Clay Street Ficus microcarpa ‘Nitida’ (21)
(Irvine Ave to St. Andrews Road)
Cliff Drive Agathus robusta (4)
(north side, west of Dover Drive)
Cliff Drive Park Ficus benjamina (1)
(Scout House)
Commodore Road Eucalyptus citriodora (2)
Corona Del Mar State Beach Washingtonia robusta (74)
601 Dover Drive Eucalyptus ficifolia (1)
Dover Drive (Mariners to Irvine) Eucalyptus globulus
Eastbluff Park Ficus macrophylla (1)
Glenwood Lane Eucalyptus citriodora (10)
Goldenrod Avenue Washingtonia robusta (144)
(Ocean Blvd to Fifth Ave)
Heliotrope Avenue (Corona del Mar) Pinus radiata (2)
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Irvine Avenue (17th St. to Dover) Phoenix dactylifera (Date palm)
(30)
Irvine Avenue (17th St. to Dover) Spathodea campanulata(African
tulip) (39)
128 Kings Road Roystonea regia (1)
128 Kings Road Pseudobombax ellipticum (1)
L Street Park Quercus suber (39)
Leeward Lane Fraxinus uhdei “Tomlinson”
(39)
M Street Park Pinus pinea (1)
Margaret Drive Median Erythrina caffra (1)
Marguerite Avenue Phoenix canariensis (81)
(Ocean Blvd to Fifth Ave)
Marine Avenue (Balboa Island) Eucalyptus (Various Species)
(39)
Mariners Drive Jacaranda mimosifolia (52)
Newport Center Drive Washingtonia robusta (363)
Poppy Avenue (Corona del Mar) Eucalyptus rudis (82)
Rhine Wharf Park Archontophoenix
cunninghamiana (12)
Along Riverside Avenue Schinus terebinthefolius (12)
(adjacent to Cliff Drive Park)
725 St. James Road Eucalyptus ficifolia (1)
Sandalwood Lane Eucalyptus citriodora (3)
Santa Ana Avenue Eucalyptus robusta (38)
Seaview Avenue (Corona del Mar) Pinus radiata (5)
Shorecliffs Entrance Erythrina caffra (40)
Starlight Circle Eucalyptus citriodora (10)
Via Lido Bridge Eucalyptus globulus (14)
Vista Del Oro Median Erythrina caffra (6)
Waterfront Drive Schinus molle (16)
(Avocado Ave to Acacia Ave)
West Newport Park Metrosideros excelsus(55)
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Attachment No. PC 4
Site Plan
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Attachment No. PC 5
Site Photos
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Attachment No. PC 6
Owner Letter dated July 29, 2020
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