The URL can be used to link to this page

Home My WebLink AboutSS2 - Code EnforcementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. 2 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Managers Office, John Kappeler, Code &Water Quality Enforcement Manager 949 - 644 -3218 orjkappeler @city.newport- beach.ca.us SUBJECT: CODE ENFORCEMENT RECOMMENDATIONS: 1. Discuss code enforcement procedures, and provide direction to staff regarding any changes the City Council may find appropriate. 2. Discuss sight distance standards, and provide direction to staff regarding any changes the City Council may find appropriate. DISCUSSION: The Code and Water Quality Enforcement (CWQE) Division enforces the Municipal Code and ordinances intended to protect and preserve public health and safety, the character of our residential neighborhoods, and the overall quality of life enjoyed by Newport Beach residents. The current staff consists of a Division Manager, four Officers, and a part-time Office Assistant. The budgeted position of Water Quality Specialist has been vacant for several months, and staff is considering converting that position to Water Conservation Coordinator, given the role that water conservation plays in curbing urban runoff. Code Enforcement Process Upon learning of a potential violation, an investigation is conducted and, if the violation is confirmed, action is taken to achieve correction and compliance. Investigation includes gathering supporting documentation such as maps and photos, reviewing City records on permits and previous enforcement actions, and closer inspection of the property, which may require securing an inspection warrant with the assistance of the City Attorney's Office. If the investigation concludes that a violation exists, a Notice of Violation (NOV) with a deadline for compliance is issued. If compliance is not achieved by the deadline, a second NOV is issued with a new deadline. If the violation continues, the next step is issuance of an Administrative Citation. According to Municipal Code Section 1.04.010, Code Enforcement — Study Session April 24, 2007 Page 2 CWQE can issue a citation each and every day a violation exists, and the associated fine escalates with each successive citation ($100, $200, $500). Typically, unless an egregious violation exists, or the property owner is not cooperating at all, citations will not be issued each day. Likewise, if a violation poses a public safety hazard or a serious threat to water quality, staff issues a citation immediately, without going through the NOV steps. Initiation of Cases According to City Council Policy K -9 (attached), code enforcement cases should be initiated based on written, signed complaints from the general public. Most cases are initiated on this basis, but CWQE staff also responds to referrals from other City departments, other public agencies, and their own field observations. Other departments seek assistance to gain compliance regarding landscaping and other encroachments within the public right -of -way, illegal construction, and violations of the Building and Zoning Codes, including violations of use permit conditions. Cases initiated through field observations by CWQE staff include prohibited discharges, illegal signs and banners, nuisances, commercial photographers on public property without permits, beach vendors selling without permits, and repeat violations where there is an established case history. Staff does not actively look for violations other than these, nor does Newport Beach have a program of regular drive -by inspections of areas to look for potential violations. Some people believe that a complaint -based system is not completely fair, because the same violation may be result in enforcement action in one location but not another. In addition, it can be argued that the City fails to identify and gain compliance with all code violations that exist. On the other hand, in the older areas of Newport Beach, it is difficult to determine from field observation alone whether a condition is truly a violation or merely one that predates existing codes or has a special approval. Investigation of every potential violation observed in the field would require a significant amount of staff time. If the City Council wishes to expand the code enforcement program to include more proactive work, the City Council Policy should be amended and additional staff may be needed. Enforcement of Sight Distance Regulations CWQE staff has had a number of complaints regarding violations of sight distance regulations recently. These have occurred in old Corona del Mar, where residents desire some screening from abutting commercial areas and Coast Highway. Council Member Gardner requested that staff review existing regulations so that the City Council can provide direction on whether the regulations are still appropriate for this and other residential areas. CWQE staff has been enforcing the Zoning Code (Section 20.60.030 A.6), which limits fences, walls, and hedges to 3 feet within a required front yard setback. This height Code Enforcement — Study Session April 24, 2007 Page 3 limit applies within 60 feet of an intersection of two streets, within 15 feet of an intersection of a street and alley or two alleys, and within 5 feet of a street and driveway. The Public Works Department uses a Standard Plan to determine the required sight distance, and a separate report discusses the applicability and appropriateness of the standard. Staff believes that a review of these regulations and standards is needed. If the City Council requests that changes be made, they will be incorporated into the new Zoning Code and revised Public Works Standards. Prepared by: John Kappeler Division Manager Attachment: City Council Policy K -9 Submitted by: Sharon Wood Assistant City Manager CODE ENFORCEMENT PURPOSE fd7 The City of Newport Beach devotes substantial resources to the enforcement of Building Municipal and Zoning Ordinances. Building and Zoning Ordinances are intended to protect and preserve public health and safety, the charm of our residential neighborhoods, and the overall quality of life enjoyed by Newport Beach residents. The City Council understands the importance of enforcing Building and Zoning Ordinances and is committed to do so. However, enforcement of these Ordinances affects the rights of those citizens who are the subject of complaints or enforcement action. Accordingly, the City Council directs that all code enforcement activity shall be conducted in accordance with the following: A. The City shall not initiate any formal code enforcement action based solely on an anonymous complaint; B. Requests for inspections of private property not open to the general public or not visible from adjoining public or private property shall not be made unless there is sufficient evidence to support the issuance of an inspection warrant for the property that is the subject of the request; C. Code enforcement complaints shall be made in writing and identify the complainant, specify the facts, acts, events and occurrences which establish the violation and describe any documentation which would establish a violation or is otherwise required by law; D. The City considers written code enforcement complaints to be confidential. The City will use its best efforts to preserve the confidentiality of any complaint with the understanding that the City will be required to disclose the identity of the complainant to the extent necessary to obtain an inspection warrant; E. All code enforcement activities, including investigative property inspections, requests for consent to inspect, and related activities shall be conducted such that the civil rights of the individual or individuals who are the subject of the investigation are fully protected; and 1 K -9 F. The provisions of this Policy do not apply to inspections of property requested by the owner or to inspections conducted by Building Department personnel pursuant to construction being conducted, which is authorized, pursuant to an active permit issued by the Building Department. Adopted - June 26, 1995 Amended - October 10, 2006 W CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. 2 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine, P.E. 949 - 644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: INTERSECTION SIGHT DISTANCE DISCUSSION: The Public Works Department Standard Plan 110 -L outlines the intersection line of sight requirements for all residential construction and development projects. There are different requirements for providing a clear line of visibility (or sight distance) based on the type of roadway and the travel speeds of the adjacent street. For a local residential street, the standard plan requires that the driver shall have 200 feet of clear sight distance. The standard plan has an exhibit which shows how the required line of sight is drawn and defines what is referred to as the "limited use area ". The limited use area is a triangular shaped area that is located adjacent to the street and along the curb line. Within the limited use area, different types of permanent obstructions that can restrict a driver's view are not permitted. These obstructions can include walls, plants and shrubs that grow higher than 24 inches, and ungraded slopes. With the current standard plan, the driver's line of sight begins at a point located ten feet behind the projection of the property line. In many cases, this would locate the driver as much as 15 -20 feet behind the center of a sidewalk or parkway. This is a conservative standard that the City has followed for many years. New development projects are conditioned to meet these standard plan requirements and have worked well. However, in many instances, the concern is within existing residential neighborhoods. In addition to street intersections, there is concern regarding sight distance at alleys and driveways with respect to pedestrians and bicyclists as well as vehicles. Many of the intersections, alleys, and driveways in the City's older neighborhoods have limited sight distance, and these locations do not meet the current City standard plan requirements. Many existing homes have walls and oversized landscaping within the limited use area that restricts visibility. Also, the standard plan requirements have not been regularly enforced at older residential properties because of the pre- existing conditions. In residential areas, another important factor that impacts the driver's sight distance is parked vehicles. It is important to note that parked vehicles are not permanent Intersection Sight Distance — Study Session April 24, 2007 Page 2 obstructions, and are not specifically addressed in the existing standard plan. In reality, parked vehicles clearly obstruct the driver's view. Public Works receives many requests every year for additional red curb markings to restrict parking and to provide for additional sight distance. In areas such as the Balboa Peninsula, Corona del Mar, and Balboa Island, the heavy demand for on- street parking has been an important consideration. The Public Works Department has made concerted efforts over the years. to balance the demand for on- street parking with sight distance requirements. When on- street parking is considered, in order to meet the existing standard plan requirements on local residential streets, 200 feet of clear sight distance, a fair amount of existing on- street parking would have to be removed. In Corona del Mar, for example, on every flower street approximately half of the on- street parking would be lost to meet the existing standard requirements. On the numbered streets, generally all parking would need to be removed. This clearly points to the need to reassess the existing standard plan. It is staff's opinion that the existing standard plan is too conservative in reviewing residential intersections, and does not adequately address on- street parking impacts. One option to consider would be to prepare a new, separate Standard Plan for residential intersection review. A revised Standard Plan would make the requirements more realistic with the way most drivers approach, stop, and proceed at a local street intersection. The new plan would place the driver's line of sight at a location closer to the intersection. New sight distance requirements would impact existing obstructions, such as overgrown landscaping, less than the current standard plan. Any existing landscaping that continues to impede visibility could be addressed by providing the resident with a notice of violation. Regardless of any requirements that would be included in a new standard plan for local residential properties, the visibility impacts from on- street parking cannot be solved without a loss of parking. Many of the intersections in Corona del Mar currently have only five to 10 feet of red curb adjacent to the corner. This short amount of red curb only provides approximately 75 feet of visibility. To provide the required visibility, red curb would need to be installed at a length of 30 feet to the left, and 20 feet to the right of the driver. Each additional 20 feet of red curb is equal to a lost parking space. Similar situations exist on the Balboa Peninsula. Providing adequate sight distance at the intersections along Balboa Boulevard, the existing red curbs needs to be lengthened. The lengths of existing red curb vary at intersections along Balboa Boulevard. By providing a uniform 40 feet of red curb to the left, and 20 feet of red curb to the right of the driver, adequate stopping sight distance would be provided. It has been staff's experience that the existing Standard Plan 110 -L works well for reviewing and placing conditions on new development projects on arterial highways. Therefore, it is recommended that the existing Standard Plan 110 -L continue to be used for development review on arterial roadways. Additionally, staff recommends that a new Public Works Standard Plan be prepared for line of sight requirements for residential intersections that provides a balance between Intersection Sight Distance — Study Session April 24, 2007 Page 3 safety and parking. The new Standard Plan will be used to review proposed improvements, such as walls and landscaping obstructions, on all submitted residential improvement plans. A powerpoint presentation of the potential alternative residential sight distance standards will be presented during the study session for consideration by City Council. In addition to the line of sight requirements, staff is looking for direction regarding the amount of red curb parking restrictions that would provide a balance between safety and the potential loss of parking area. Prepared by: rzl" �L" A' o Brine, P.E. Principal Civil Engineer Submitted by: Badum s Director !i �410.FFOB Rmlo VrgU 7 SS - L-11a�� 0-7 J 11 5::).:E`�e� rTl� vi Vv p�rrn1 C� 77 -777 77 11 i rrI e lJJIJJ r J f !J-S; -J1 -;J S h;-:1 I l 1 n D r 5 .. LINE OF SIGHT (TYF)j LIMITED USE AREA 1 ••• 7 CURB LINE DISTANCE (FL) II YI (VOTES: 5 RAISED MEDIAN TOE OF SLOPE TYP ) 1. THE "LIMITED USE AREA" IS DETERMINED BY THE GRAPHICAL METHOD USING THE APPROPRIATE DISTANCES GIVEN IN THE ABOVE TABLE. IT SHALL BE USED FOR THE PURPOSE OF PROHI8I7ING OR CLEARING OBSTRUCTIONS IN ORDER TO MAINTAIN ADEQUATE SIGHT DISTANCE AT INTERSECTIONS. 2. THE "LINE OF SIGHT" LINE SHALL BE SHOWN AT INTERSECTIONS ON ALL LANDSCAPING PLANS, GRADING PLANS, AND TENTATIVE TRACT PLANS WHERE SIGHT DISTANCE IS QUES770NABLE. IN CASES WHERE AN INTERSECTION IS LOCATED ON A VER77CAL CURVE, A PROFILE OF THE SIGHT LINE MAY BE REQUIRED, J. WALLS OR ANY OBSTRUCTONS THAT COULD RESTRICT THE VIEW WITHIN THE "LIMITED USE AREA" SHALL NOT BE PERMITTED. 4. THE TOE OF THE SLOPE SHALL NOT ENCROACH INTO THE "LIMITED USE AREA ". 5. THE "LIMITED USE AREA" SHALL BE AS NEAR LEVEL AS POSSIBLE YET MAINTAIN PROPER DRAINAGE. 6. PLANTS AND SHRUBS SHALL BE OF THE TYPE THAT WILL GROW NO HIGHER THAN 24 INCHES ABOVE 7HE GROUND WITHIN THE LIMITED USE AREAS". S Y1 I X XI MAJOR 525 37 37 13 PRIMARY 450 25 25 13 SECONDARY 350 18 18 6 LOCAL 200 0 0 0 (VOTES: 5 RAISED MEDIAN TOE OF SLOPE TYP ) 1. THE "LIMITED USE AREA" IS DETERMINED BY THE GRAPHICAL METHOD USING THE APPROPRIATE DISTANCES GIVEN IN THE ABOVE TABLE. IT SHALL BE USED FOR THE PURPOSE OF PROHI8I7ING OR CLEARING OBSTRUCTIONS IN ORDER TO MAINTAIN ADEQUATE SIGHT DISTANCE AT INTERSECTIONS. 2. THE "LINE OF SIGHT" LINE SHALL BE SHOWN AT INTERSECTIONS ON ALL LANDSCAPING PLANS, GRADING PLANS, AND TENTATIVE TRACT PLANS WHERE SIGHT DISTANCE IS QUES770NABLE. IN CASES WHERE AN INTERSECTION IS LOCATED ON A VER77CAL CURVE, A PROFILE OF THE SIGHT LINE MAY BE REQUIRED, J. WALLS OR ANY OBSTRUCTONS THAT COULD RESTRICT THE VIEW WITHIN THE "LIMITED USE AREA" SHALL NOT BE PERMITTED. 4. THE TOE OF THE SLOPE SHALL NOT ENCROACH INTO THE "LIMITED USE AREA ". 5. THE "LIMITED USE AREA" SHALL BE AS NEAR LEVEL AS POSSIBLE YET MAINTAIN PROPER DRAINAGE. 6. PLANTS AND SHRUBS SHALL BE OF THE TYPE THAT WILL GROW NO HIGHER THAN 24 INCHES ABOVE 7HE GROUND WITHIN THE LIMITED USE AREAS". f -rr ;Drl_J� �1 Cl �l r�JJ J l] J r Driver behind Prope b L i � DIY' - 1 •. Lk Imo` K }� VI lot it, a Driver behind Curb Line .a } , 7:11 "( Aim y.• � S •tom -AJ, ' Alley intersection — Corona del Mar f S -' Corona del Mar Landscaping re � - 4 11 i r Y 1 ! I F j I e _1 V r�y�t= -� - — wa �r.'i t tii T �' ®_�- � '_ 1 1 o +� . ,; �,;�I '' s • `�� - _ +1 i i -jam �� 7 + m��' . � � Y k' ' � .n,. Jr�Jrr ;Jr Jr��rJ • �Jr lnr�r��rrl�rJ� jl e vv rrl � rJ �f �J ,- J r1 � r � vrli�l rr -1 � E) S e � l rol 200' ,� wr- nv- clraar� 200' PARKED VEHICLES n3j I E341 LA=4 PAKKLU VLHIULLb 30' OR 40' RED CURB 20' RED CURB LENGTH OF RED CURB ON LOCAL STREET TYPICAL NOT TO SCALE I 5 j (BACK SPEED RED CURB ON LEFT RED CURB ON RIGHT 30 MPH 40' 20' 25 MPH 30' 20' ALT. I - OMWR'S EYE 7 FROM EDGE OF PARKED VEHICLES 200' NE -OF -SIGHT 2W PARKED VEHICLES rM PARKED VEHICLES 60' OR 80' RED CURB 25' RED CURB I i LENGTH OF RID CURB ON LOCAL STREET TYPICAL SPEED RED CURB ON LEFT RED CURB ON RIGHT NOT TO SCALE I I 30 MPH 80' 25' 15 MPH 60' 20' ALT. 2 = DRILE'RS EYE 7' BACK FROM CURBLINE EXTENSION r� .- urlrlrJ!1� rJ r'p\jpL,vj �r�J�rrJ JrJ �Jrr�r'lcJ r�l!�ir�rrJnrJ Jr JprrJ �rlr yWal r r n