HomeMy WebLinkAbout21 - Encroachments IssuesAgenda Item No. 21
September 25, 2012
Encroachment Issues
CITY COUNCIL STUDY SESSION
SEPTEMBER 25, 2012
Encroachments ioi
• Defined as:
o Temporary or permanent use or improvement of public
property
• MC 13.20 sets rules for utilities using public right of way.
• Council Policies L -6 & L -12 set rules for residents using
adjacent public right of way and property.
1
Three Types of Private Encroachments
• Standard parkway encroachments:
curb, sidewalk, carriage walks, driveways, turf,
groundcover, irrigation; requires standard permit for
installation of hardscape only.
• Non — standard parkway encroachments:
decorative sidewalk, pavers, planters, fences, etc.; requires
an Encroachment Agreement that binds property owner for
maintenance and liability for improvements.
• Exclusive use permits: Allows exclusive use for a fee
such as the Oceanfront Encroachment Permit (West
Newport Beach)
Current Implementation Program
• New construction; conformance with Policy
through building plan check process
Major Remodel; existing property must be
brought to current policy.
Complaints; handled by PW staff and code
enforcement.
Current Issues
• Ongoing issues with unpermitted parkway
encroachments, some in place for years.
• Current staffing levels do not allow proactive review
and enforcement (and doing so may not be desired).
• Revising current encroachment policy to simplify
and streamline is on staffs To Do list.
• Ongoing issues with Peninsula Point oceanfront
encroachments — working with CCC.
• Emerging exclusive issues with Newport Shores,
Buck Gully, and other areas.
Newport Shorc
Potential Alternatives
Status Quo — staff working through issues as they
arise.
• Direct staff to prepare a study that identifies
exclusive use problem areas and sets priorities for
review at a future Council Study Session (January
2013 ?)
• Or........?