HomeMy WebLinkAbout2.0_Kristi A. Dumont Trust Encroachment_PA2025-0228CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 22, 2026
Agenda Item No. 2
SUBJECT: Kristi A. Dumont Trust Encroachment (PA2025-0228)
Encroachment Permit No. N2025-0390
SITE LOCATION: 520 Poinsettia Avenue, Units A, B & C
APPLICANT: Kristi Dumont
OWNER: Kristi A. Dumont Trust
PLANNER: Jake Marshall, Associate Civil Engineer
949-644-3323, jmarshall@newportbeachca.gov
PROJECT SUMMARY
A request to waive City Council Policy L-6 to retain certain existing, non-compliant private
improvements encroaching into the 50-foot-wide Third Avenue public right-of-way and the
50-foot-wide Poinsettia Avenue public right-of-way. As part of this consideration, staff is
recommending the removal of other non-compliant improvements within the same public
rights-of-way due to traffic safety concerns.
RECOMMENDATION
1) Find the project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section
15301 Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
2) Adopt Resolution No. PC2026-001, waiving City Council Policy L-6 (Encroachments
in Public Rights-of-Way) and approving Encroachment No. N2025-0390, to retain
certain existing improvements which encroach into the public right-of-way, including
brick hardscape, a low brick wall, brick pilaster, a gate, and landscaping and requiring
the removal of an existing fence, lights, hedge, and tall landscaping within the traffic
safety visibility area.
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Two Unit Residential (RT) Two-Unit Residential (R-2) Residential
NORTH RT R-2 Residential
SOUTH RT R-2 Residential
EAST RT R-2 Residential
WEST RT R-2 Residential
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INTRODUCTION
The subject property at 520 Poinsettia Avenue is located on the corner of Poinsettia and
Third Avenues. The property is improved with an existing duplex and accessory dwelling
unit and includes a variety of unauthorized accessory structures which encroach onto
both the Poinsettia and Third Avenues public rights-of-way. Site photographs and site
plans are included as Attachment Nos. PC 3 and PC 5.
Improvements to Remain
The property owner is requesting a waiver of City Council Policy L-6 (Encroachment in
Public Rights-of-Way) to retain certain existing improvements within the Poinsettia and
Third Avenues public right-of-way. The Policy, included as Attachment No. PC 2, limits the
existing walls and fences to a 1-foot encroachment into the right-of-way, as well as limits
heights to 36 inches. Therefore, the property owner is requesting a waiver of the Policy
to retain the following improvements:
a. A 30-inch-high brick wall encroaching approximately 7.5 feet into the Third Avenue
right-of-way;
b. A 33-inch-high brick pilaster encroaching approximately 7 feet 9 inches into the Third
Avenue right-of-way;
c. A 36-inch-high gate encroaching approximately 7 feet into the Third Avenue right-of-
way;
d. Existing landscaping of various heights encroaching approximately 6 feet into the
Third Avenue public right-of-way; and
e. Existing hardscape encroaching approximately 9.5 feet into the Poinsettia Avenue
and Third Avenue public right-of-way.
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Figure 1: Brick hardscape in the Poinsettia Avenue right-of-way to remain
Figure 2: Existing, non-compliant encroachments into Third Avenue public right-of-way
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Improvements to be Removed
The following encroachments into the Poinsettia and Third Avenues rights-of-way are
recommended by staff to be removed:
a. A 30-inch-high fence encroaching approximately 7.5 feet into the Third Avenue right-
of-way;
b. An outdoor light (above an existing pilaster to remain) encroaching approximately 7
feet into the Third Avenue right-of-way;
c. A hedge encroaching approximately 9.5 feet into the Third Avenue right-of-way; and
d. Landscaping of various heights encroaching approximately 7.5 feet into the Third
Avenue public right-of-way.
Figure 3: Existing, non-compliant encroachments into Third Avenue public right-of-way
DISCUSSION
Analysis
City Council Policy L-6 (Encroachments in Public Rights-of-Way) describes how the
public rights-of-way are to be reserved for public use or open space. The Policy states
that rights of the public, in both the present and future, are not to be diminished by the
retention of private improvements within the public rights-of-way. The Policy specifies
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allowable and prohibited encroachments and describes the required permits and/or
encroachment agreements.
Without a waiver granted by the Planning Commission, the Policy prohibits private
encroachments of fences, walls, patios, raised planters, etc., which encroach in excess
of 1-foot into the public rights-of-way or exceed 3 feet in height. Due to these limits, the
property owner is requesting a waiver of this policy to retain the previously discussed
encroachments.
Safety Concern
The existing brick wall constructed on the corner of Poinsettia Avenue and Third Avenue
is short enough to be within the area of traffic safety visibility, but the landscaping and
fence placed on top within the public right of way does not comply. Zoning Code Section
20.30.130 (Traffic Safety Visibility Area) limits landscaping to 24 inches above adjacent
grade within the area of traffic safety visibility, which is a triangular-shaped area on a
corner lot formed by applying City Standard 105 to determine the driver’s line of sight at
the two intersecting streets and connecting the lines diagonally making a triangular area.
The current encroachments obstruct visibility to motorists across the corners of the
intersections and are a significant safety concern. The property owner has agreed to
remove the landscape within this area as part of Encroachment Permit No. N2025-0390.
Figure 4: Current corner visibility looking towards Third Avenue from Poinsettia Avenue.
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Staff Recommendation
The Public Works Department has reviewed this request and is recommending approval
of the following:
1. The retention of the existing improvements consisting of the low brick wall, brick
pilaster, gate, landscaping outside of the area of traffic safety visibility maintained
to 36 inches in height encroaching into the Third Avenue public right-of-way, and
brick hardscape encroaching into the Poinsettia Avenue and Third Avenues public
rights-of-way; and
2. The removal of the existing improvements consisting of the white fence placed on
top of the brick wall encroaching into the Third Avenue public right-of-way, the light
placed on top of the brick pilaster encroaching into the Third Avenue public right-
of-way, landscaping that is placed within the area of traffic safety visibility
encroaching into the Third Avenue public right-of-way, and the hedge planted in
front of the brick wall encroaching into the Third Avenue public right-of-way.
Environmental Review
This Project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment), Section 15301 under Class 1
(Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3 (CEQA Guidelines), because the Project, consisting of a thirty-inch high brick
wall along with pilaster, gate and landscaping, has no potential for resulting in direct or
indirect physical change to the environment. The existing improvements are consistent
with structures allowed under this exemption.
Public Notice
Notice of this hearing was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including the
applicants 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.
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Prepared by:
Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 City Council Policy L-6 (Encroachments in Public Right-of-Way)
PC 3 Site Photos
PC 4 Owner Letter dated September 19, 2025
PC 5 Site Plan
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2026-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL
POLICY L-6 (ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY),
AND APPROVING ENCROACHMENT PERMIT NO. N2025-0390
TO ALLOW RETENTION OF SPECIFIC UNPERMITTED
IMPROVEMENTS FOR THE PROPERTY LOCATED AT 520
POINSETTIA AVENUE (PA2025-0228)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Kristi Dumont on behalf of the Kristi A. Dumont Trust
(“Applicant/Owner”), with respect to the property located at 520 Poinsettia Avenue,
Newport Beach, California and legally described as Lot 22 of Block 543 in Corona Del Mar,
in the City of Newport Beach, California as shown on a map recorded in Book 3, Pages 41
and 42 of Miscellaneous Maps, in the Office of the County Recorder of Orange County
(“Property”), requesting approval of an encroachment permit.
2. The Applicant requests approval of Encroachment Permit No. N2025-0390, and a waiver
of City Council Policy L-6 (Encroachments in Public Rights-of-Way) to retain non-
compliant improvements within the Third Avenue and Poinsettia Avenue public rights-of-
way consisting of a 30 inch high brick wall encroaching approximately 7 feet, 6 inches into
the Third Avenue public right-of-way; a 33 inch high brick pilaster encroaching
approximately 7 feet, 9 inches into the Third Avenue public right-of-way; a 36 inch high
gate encroaching approximately 7 feet into the Third Avenue public right-of-way; existing
landscaping of various heights encroaching approximately 6 feet into the Third Avenue
public right-of-way; and existing hardscape encroaching approximately 9 feet, 6 inches into
the Poinsettia Avenue and Third Avenue public rights-of-way (“Project”)
City Council Policy L-6 (Encroachment in Public Rights-of-Way) limits the existing walls
and fences to a 1-foot encroachment into the right-of-way, as well as limits heights to 36
inches.
The following improvements are to be removed:
a. A 30 inch high fence encroaching approximately 7 feet,6 inches into the Third
Avenue public right-of-way;
b. An outdoor light (above an existing pilaster to remain) encroaching approximately
7 feet into the Third Avenue public right-of-way;
c. A hedge encroaching approximately 9.5 feet into the Third Avenue public right-of-
way; and
d. Landscaping of various heights encroaching approximately 7 feet, 6 inches into the
Third Avenue public right-of-way.
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Planning Commission Resolution No. PC2026-001
Page 2 of 5
3. The requested approvals are not specifically provided for within City Council Policy L-6
(Encroachments in Public Rights-of-Way). Thus, the Project is prohibited under Section A
(Private encroachments that are prohibited without a waiver and approval) of said Policy.
Due to this prohibition, the requested encroachments may only be approved upon the
waiver of City Council Policy L-6 (Encroachments in Public Rights-of-Way) with approval
of the encroachments permitted by the Planning Commission.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
5. A public meeting was held on January 22, 2026, in the City Council Chambers located at
100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public 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 public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment), Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3 (“CEQA Guidelines”), because the Project, consisting
of a 30-inch high brick wall along with pilaster, gate and landscaping, has no potential
for resulting in direct or indirect physical change to the environment. The existing
improvements are consistent with structures allowed under this exemption.
2. 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 Public Rights-of-Way), the
following findings and facts in support of such findings are set forth:
Finding:
A. The proposed private improvements are a detriment to the health, safety, and welfare
of the public.
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Planning Commission Resolution No. PC2026-001
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Facts in Support of Finding:
1. The Third Avenue and Poinsettia rights-of-way are approximately 10 feet from the face
of curb to the property line.
2. The Project does not diminish the rights of the public, present and future, along the Third
Avenue and Poinsettia Avenue public rights-of-way. There are no sidewalks on Third
Avenue, nor does the City currently have a plan to install sidewalks on this street.
Additionally, the location and height of these encroachments do not interfere with traffic
visibility for vehicles traveling along Poinsettia and Third Avenues.
3. Approval would require the Owner to enter into an Encroachment Agreement to allow
the improvements, and any liability associated with the private improvements would be
transferred to the Owners. Additionally, if the need for public improvements arises in the
future, the Owners shall remove all encroachments at no cost to the City.
Finding:
B. The individual circumstances applicable to this application and the proposed
encroachment are not consistent with the public interest.
Facts in Support of Finding:
1. The improvements appear complementary to the neighborhood and do not interfere with
traffic visibility on either Poinsettia and Third Avenues.
2. The encroachments that are requested to be removed, such as the fence, hedge, and
additional landscaping, create traffic visibility issues for vehicles and are not consistent
with public interest. The existing light creates similar visibility issues and includes
unauthorized electrical connections that need to be removed from the public right-of-
way due to safety reasons.
3. There are no existing City utilities within the encroachment area within the Third Avenue
public right-of-way.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach finds this Project categorically
exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment), and
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines because the
existing improvements have no potential for resulting in direct or indirect physical
change to the environment.
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Planning Commission Resolution No. PC2026-001
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2. The Planning Commission of the City of Newport Beach hereby waives City Council Policy
L-6 (Encroachment in Public Rights-of-Way) and approves Encroachment Permit No.
N2025-0390, subject to the conditions set forth in Exhibit “A,” which is attached hereto and
incorporated by reference.
3. This action shall become final and effective 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 JANUARY 2026
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Tristan Harris, Chair
BY:_________________________
David Salene, Secretary
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Planning Commission Resolution No. PC2026-001
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EXHIBIT A
CONDITIONS OF APPROVAL
PUBLIC WORKS
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 calendar year upon
receipt of approval, otherwise this approval shall automatically expire.
5. This Encroachment Permit allows the removal of the noted existing improvements and
retention of the existing brick planter wall, brick pilaster, PVC gate, and brick hardscape
within the Third Avenue public right-of-way with a waiver of City Council Policy L-6,
Section A of “Private Encroachments that are Prohibited Without a Waiver and
Approval”.
6. If the need for public improvements arises in the future, Owners shall remove all
encroachments at no cost to the City.
7. To the fullest extent permitted by law, Owners shall indemnify, defend and hold harmless
the 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 the Kristi A. Dumont Trust Encroachment (PA2025-0228)
including, but not limited to, Encroachment Permit No. N2025-0390. 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 Owners, City,
and/or the parties initiating or bringing such proceeding. The Owners 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 Owners 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 2
City Council Policy L-6
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L-6
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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.
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.
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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 Commission's 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.
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.
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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.
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.
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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.
For artificial turf grass conversions in parkways with existing City trees:
1. Pruning of City tree roots shall be prohibited unless approved and inspected by the City
Arborist.
2. Irrigation must be established or retrofitted to continue to provide automated irrigation for
the City tree.
3. Openings for existing or new trees will allow for a minimum of 24-inch radius around the
tree’s trunk. If on existing trees a 24-inch radius cannot be achieved, the artificial turf will
be discontinuous, with the area around the tree squared off to allow a minimum of 24-
inches on either side.
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.
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:
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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.
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.
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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. bay side is improved with a privately
constructed bulkhead on public property. 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 (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.
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I. Bay Front Street Ends
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.
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.
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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.
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.
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:
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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.
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.
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History
Adopted I-12 – 8-25-1969 (“Ocean Front Street-End Improvement Policy”)
Adopted L-6 – 8-25-1969 (“Private Encroachments in Public Rights-of-Way”)
Amended I-12 – 3-9-1970
Reaffirmed L-6 – 3-9-1970
Reaffirmed L-6 – 2-8-1971
Amended L-6 – 2-14-1972
Reaffirmed I-12 – 2-14-1972
Amended I-12 – 12-10-1973
Reaffirmed L-6 – 12-10-1973
Amended I-12 – 11-11-1974
Reaffirmed L-6 –11-11-1974
Amended L-6 – 8-11-1975
Adopted L-7 – 3-14-1977 (“Encroachments and Bay Access on Buena Vista Boulevard – Edgewater
Avenue between Bay Avenue and Fernando Street”)
Reaffirmed L-7 – 9-12-1977
Amended I-12 – 2-9-1981
Amended L-6 – 2-9-1981
Adopted L-10 – 8-24-1981 (incorporating I-12)
Amended L-6 – 11-23-1981
Amended L-10 – 11-8-1982
Amended L-6 – 10-27-1986
Amended L-6 – 1-26-1987
Amended L-6 – 7-13-1987
Amended L-6 – 2-13-1989
Amended L-6 – 8-14-1989
Amended L-6 – 11-27-1989
Amended L-10 – 11-27-1989
Amended L-6 – 12-9-1991
Amended L-6 – 12-14-1992
Adopted L-18 – 1-11-1993 (“Encroachments on Public Sidewalks”)
Amended L-6 – 7-12-1993
Amended L-6 – 1-24-1994
Reaffirmed L-7 – 1-24-1994
Amended L-10 – 1-24-1994 (changed to L-8)
Amended L-18 – 1-24-1994 (changed to L-15)
Amended L-6 – 5-9-1994
Amended L-6 – 2-27-1995
Amended L-6 – 2-26-1996
Amended L-15 – 2-26-1996
Amended L-6 – 5-8-2001
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Amended L-7 – 5-8-2001
Amended L-8 – 5-8-2001
Amended L-6 – 1-27-2015
Amended L-6 – 8-14-2018 (incorporating L-7, L-8, and L-15)
Amended L-6 – 11-27-2018
Amended L-6 – 12-11-2018
Amended L-6 – 11-14-2023
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Site Photos
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Attachment No. PC 4
Owner’s Letter
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Attachment No. PC 5
Project Plans
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W.H.
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PLAN
SITE PLAN NORTH 1SCALE: 18" = 1'-0"
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LOT AREA :
PROPOSED LOT COVERAGE AREA :
BUILDING AREA SUMMARY
2,084 SQ. FT. = 59%
3,540 SQ. FT.
100 SQ. FT.
C POINSETTIA A V E.
A L L E Y
EXISTING 1 STY
RESIDENCE
(1,120 SF)
EXISTING403 S.F.GARAGEADU
CONVERSION
TOTAL (E) BUILDING FOOTPRINT:(N) ADU FLOOR AREA:
TOTAL (N) BUILDING FOOTPRINT:
1,727 SQ. FT.
(E) LIVING AREA:FRONT UNIT FLOOR AREA:2nd FLR. REAR UNIT FLOOR AREA:TOTAL LIVING FLOOR AREA:
(E) 2ND FLR. DECK
(E) GARAGE
1,120 SQ. FT.
607 SQ. FT.
1,727 SQ. FT. 257 SQ.FT. 403 SQ.FT.
EXISTING LOT COVERAGE AREA :1,984 SQ. FT. = 56%
AERIAL VIEW
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Architectural Consulting Services8700 Warner Avenue, Suite #280Fountain Valley, California 92708714-396-3282m.shewbridge@outlook.com
Michael Shewbridge, ArchitectMichael Shewbridge, Architect
Architectural Consulting Services8700 Warner Avenue, Suite #280Fountain Valley, California 92708714-396-3282m.shewbridge@outlook.com
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1,827 SQ. FT.
NEW 100 S.F.
ADU ADDITION
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