HomeMy WebLinkAboutItem 2a: Policy on Private Property Owner Structural Improvements in Public Right-of-wayDATE: November 2, 2010
TO: Mayor and City Council
SUMMARY
DISCUSSION
STAFF REPORT
Development Services Department
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Philip A. Wray, Deputy Director of Development Services /City Engineerk�
Jim Kasama, Community Development Administrat
SUBJECT: REPORT, DISCUSSION AND DIRECTION REGARDING POLICY ON
PRIVATE PROPERTY OWNER STRUCTURAL IMPROVEMENTS IN
THE PUBLIC RIGHT -OF -WAY
Recommendation: Provide Direction
On September 21, 2010, staff presented to the City Council the City's policy on the use
of the public parkway for non - public purposes. Currently, the City does not allow non-
public vertical encroachments in the public parkway. The Council directed staff to
explore modifying the policy to allow vertical encroachments in the parkway.
As mentioned at the September 21 study session, staff does not recommend any
change to the current policy. However, if the Council wishes to change the policy for
vertical encroachments in the parkway, the purpose must be clear. In this case, staff
submits that there are two purposes: 1) to allow property owners in single family
residential neighborhoods to improve the parkways, and 2) not interfere with the
parkway's intended public uses. Arcadia's single family residential neighborhoods are
very attractive and most property owners take pride in the quality of their landscape and
hardscape. Also, most single family residential neighborhoods lack sidewalks, which
results in more area for front yard landscape and hardscape opportunities. A revised
policy would allow the property owner to install decorative vertical features closer to the
curb so as to be more visible from the street. This would result in an appearance of a
larger front yard. The proposed policy is divided into several elements as discussed
below.
Staff Report
November 2, 2010
Page 2
Allowable locations in the City
If allowed, vertical encroachments should be limited to single family residential
neighborhoods where they are more likely to be integrated with the character of the
individual lots and can enhance the quality of the neighborhoods. Vertical
encroachments should be limited to parkways that have sufficient space available so as
not to interfere with public uses. Where sidewalks exist, they tend to take up a
significant portion of the parkway, close to 50 %, and this puts a limit on the remaining
parkway area available for other uses. Therefore, non - public vertical encroachments
should not be allowed in parkways with a sidewalk. Additionally, for safety and
protection to all parties, vertical encroachments should not be allowed in parkways that
do not have a standard street curb.
Features that Could Result
Based on what has been done in the past and recent requests, it is likely that a wide
variety of features would be proposed in the public parkway. Some examples are metal
fences with solid columns, plastic fences, gates, pilasters, driveway and walkway entry
accents, raised planters, retaining walls, monuments, steps, benches, foot bridges,
boulders, statues, lawn jockeys, garden gnomes and low voltage light posts.
Location restrictions in the public parkway:
As stated by the purposes, consideration must be given to the intended use of the
public parkways. To assure that the intended use is not interfered with, staff
recommends that the first five (5) feet of parkway measured from the curb be restricted
to only public uses. Beyond the first (5) five feet, the following requirements should
apply:
• Maximum height limit of 3 feet
• Minimum setback of 3 feet horizontally from existing utilities and public facilities
• Not applicable to mailboxes
Design Guidelines
Staff does not recommend a separate design review process for vertical
encroachments, including those in homeowner association areas because of the
additional volunteer and or staff time necessary for review and processing. However, if
it is the City Council's desire to have design review, staff recommends that the
development regulation for the front setback area of the corresponding zone be the
guideline for the parkway features and materials (see attached), so that the
encroachments be compatible with and complement any on -site improvements at the
subject lot. Staff does currently perform design review on front yard improvements
Staff Report
November 2, 2010
Page 3
greater than two feet in height as do the homeowner associations. Not recommended
are supplemental features to vertical encroachments that would require utilities like
electrical, gas, communications and water, with the exception of landscape irrigation.
These restrictions would not apply to elements not requiring building permits such as
low voltage landscape or decorative lighting.
Process
Allowing vertical encroachments in the public parkway would potentially add several
steps to the encroachment permit process and necessitate more staff time. The
following steps would be required:
• Submittal of a plan and details of the construction with enough information for
staff to perform a review. The Engineering Division would be the primary
contact.
• The review would include:
1. Planning review for compatibility if applicable
2. Building review for structural elements per building requirements (vertical
elements over two feet in height must follow structural standards for
footings and potentially for retention)
3. Public Works Services review for water service and street tree and street
lighting conflicts
4. Engineering review of conflicts with other utilities and public elements
• The actual Encroachment Permit would require some provision for legal matters,
and would include costs for plan review, inspection and document processing.
The permit cost could be in the $400 to $500 range.
Legal and Liability Issues:
In the past, the City has allowed temporary encroachments in the public right -of -way for
free - standing features like signage and tables and chairs. For these requests, the
private party is required to obtain general liability insurance with a coverage limit of $1
million and enter into an indemnification agreement. For permanent vertical
encroachments these requirements would be complicated and difficult to maintain. We
also would need to track renewals, cancellations, changes, and sales and transfers of
property. Several options with differing levels of protection were previously discussed
and are listed here for consideration:
• Current requirements of liability insurance and indemnification agreement
• Homeowner insurance to acknowledge City as additional insured and
indemnification agreement
• Indemnification agreement only
Staff Report
November 2, 2010
Page 4
• Property owner acknowledgement of the potential for removal if encroachment is
in the way of future public improvements
• No insurance or indemnification requirements
Staff has asked the cities of San Dimas, Glendora, Azusa, Monrovia and San Marino
whether or not they allow non - public encroachments in the public parkway. None have
a policy to allow encroachments; however, some have exceptions for special
circumstances, mostly in commercial areas. In most cases, the existence of sidewalks
reduces the public interest in utilizing the parkway for non - public uses.
In conclusion, staff recommends against any changes to the current policy. However, if
it is the City Council's desire to amend the policy to allow the usage of the public
parkway for non - public improvements, staff recommends the above outline as
guidelines for the changes.
RECOMMENDATION
Provide direction.
Approved by:
J K: PAW:J K:pa
Attachments
Donald Penman, City Manager
9251.2.13.1. FENCES, WALLS AND GATES. FRONT YARD.
For purposes of this Section the front yard area shall be defined as the area extending across the
full width of the lot between the front lot line and the required front yard setback.
A decorative fence shall mean aesthetically significant in design and construction with a non -
detracting color, and a compatible finish that is consistent with the main dwelling and adjacent
properties. A decorative column is a vertical supporting member with an aesthetically significant
textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood
veneer, ledgestone, solid stone, solid brick, and solid wood. A cap is a horizontal surface atop a
column (Amended by Ord. 2005, adopted 5 -3 -05).
Decorative fences, columns with caps, and entry gates located in the front yard area shall be
setback a minimum of three (3) feet from the front property line (refer to Figure 1).
EXCEPTION: When there is a fully landscaped parkway with no sidewalk, a fence and /or
columns, excluding a driveway entry gate, may be placed adjacent to the front property line.
Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front
property line (refer to Figure 1).
The area between the front property line and the fence shall have an appropriate irrigation system
and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.).
The decorative fences, columns, and entry gate(s) in the front yard area shall be limited to the
following heights:
1. A maximum height of four (4) feet is permitted on properties north of Hugo Reid Drive. A
driveway entry gate may be permitted up to five (5) feet in height.
2. A maximum height of three (3) feet is permitted on properties south of Hugo Reid Drive. A
driveway entry gate may be permitted up to four (4) feet in height.
Figure 1
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All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and
horizontal members). A two (2) foot high solid wall may be combined within the permitted height of
the decorative fence (refer to Figure 2).
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EXCEPTIONS:
Figure 2
The distance between decorative columns for a pedestrian entry gate within the front yard area may
be allowed closer than eight (8) feet, but shall not be Tess than four (4) feet apart. On corner lots,
only one (1) pedestrian entry gate with decorative columns may be permitted, and it shall be located
in the front yard area. Columns and posts shall be placed at horizontal intervals no less than eight
(8) feet apart measured between the columns (see Figure 3). Said columns or posts shall not have
any horizontal dimension greater than twenty -four (24) inches and caps shall not have any
horizontal dimensions greater than thirty (30) inches.
Figure 3
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Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not
exceed eighteen (18) inches in height above the maximum fence /column height.
A decorative outdoor post- mounted light fixture may be permitted in the front yard area, provided
that it does not exceed eight (8) feet in height.
No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be
permitted on a fence, wall, or gate.
Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted.
1. A solid wall adjacent to the side property line may be permitted in the front yard area,
provided that it does not exceed four (4) feet in height.
2. The height of a retaining wall within the front yard shall be subject to approval by the
Development Services Director or designee.
3. A garden arbor or pergola over a pedestrian walkway may, be permitted in the front yard
area, provided that it does not exceed seven (7) feet in height.
4. Temporary construction fencing that are of chain link or wire type may be permitted within
the front and street side setback areas, provided that it does not exceed six (6) feet in
height.
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9252.2.12.1. FENCES, WALLS AND GATES. FRONT YARD.
For purposes of this Section the front yard area shall be defined as the area extending across the full width of
the lot between the front lot line and the required front yard setback.
A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color,
and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column
is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to
stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid
wood. A cap is a horizontal surface atop a column.
Decorative fences, columns with caps, and entry gates located in the front yard area shall be setback a
minimum of three (3) feet from the front property line (refer to Figure 1).
EXCEPTION: When there is a full landscaped parkway with no sidewalk, a fence and /or columns, excluding a
driveway entry gate, may be placed adjacent to the front property line.
Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line
(refer to Figure 1).
The area between the front property line and the fence shall have an appropriate irrigation system and
decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.).
The decorative fences, columns, and entry gates may be permitted up to three (3) feet in height. A driveway
entry gate may be permitted up to four (4) feet in height.
Figure 1
1
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All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and horizontal
members).
The distance between decorative columns for a pedestrian entry gate within the front yard area may be
allowed closer than eight (8) feet, but shall not be less than four (4) feet apart. On corner lots, only one (1)
pedestrian entry gate with decorative columns may be permitted, and it shall be located in the front yard area.
Columns and posts shall be placed at horizontal intervals no less than eight (8) feet apart measured between
the columns (refer to figure 2). Said columns or posts shall not have any horizontal dimension greater than
twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches.
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EXCEPTIONS:
Figure 2
Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed
eighteen (18) inches in height above the maximum fence /column height.
A decorative outdoor post- mounted Tight fixture may be permitted in the front yard area, provided that it does
not exceed eight (8) feet in height.
No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a
fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not
permitted.
1. A solid decorative masonry base for fences may be permitted in the front yard area, provided that it does
not exceed eight (8) inches in height (refer to Figure 3).
Figure 3
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2. A solid wall adjacent to the side property line may be permitted in the front yard area, provided that it does
not exceed three (3) feet in height.
3. The height of a retaining wall within the front yard shall be subject to approval by the Development
Services Director or designee.
4. A garden arbor or pergola over a pedestrian walkway may, be permitted in the front yard area, provided
that it does not exceed seven (7) feet in height.
5. Temporary construction fencing that are of chain link or wire type may be permitted within the front and
street side setback areas, provided that it does not exceed six (6) feet in height.(Amended by Ord. 2005
adopted 5 -3 -05).
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Insurance requirements for portable signs in parkways
A sign permit application for a portable sign to be located on public property shall be
accompanied by a certificate of insurance in the following amounts, or as approved by the
City Attorney:
(a)
Public liability insurance in an amount not Tess than Five Hundred Thousand
Dollars ($500,000.00) for injuries to each person, and in an amount not less
than Five Hundred Thousand Dollars ($500,000.00) for any occurrence;
(b) Property damage insurance in an amount not less than One Hundred
Thousand Dollars ($100,000.00) for damage to the property of each person on
account of any one (1) occurrence; and
(c) Insurance policies shall name the City of Arcadia an additional insured and
shall constitute primary insurance for the City, its officers, agents and
employees, so that any other policies held by the City shall not contribute to any
loss under this insurance. Policies shall provide for thirty (30) days prior written
notice to the City of cancellation or material changes.
RESOLUTION NO. 5836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, ADDING THE FEES AND
THE AMOUNTS OF LIABILITY INSURANCE RELATING TO
SIDEWALK DINING PER CITY ORDINANCE NO. 2035
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
SECTION 1. Pursuant to Arcadia Municipal Code Section 7270.4,
the fee for issuance of the encroachment permit and inspection for
sidewalk dining shall be $95.00.
SECTION 2. Pursuant to Arcadia Municipal Code Section
7270.10, the annual permit renewal fee shall be $95.00.
SECTION 3. Pursuant to Arcadia Municipal Code Section 7270.9
the amounts of liability insurance shall be:
Bodily Injury: $ 1,000,000 each person
$ 2,000,000 each occurrence
Property Damage: $ 250,000
Subject to review and approval by the City Attorney, and
upon recommendation by the Development Services
Department the amounts specified herein may be decreased
for good cause, but in no case below $100,000.
SECTION 4. If any section, subsection, sentence, clause,
phrase or portion of this resolution is, for any reason, held to be
invalid or unconstitutional by the decision of any court or
competent jurisdiction, such decision of any court or competent
jurisdiction shall not affect the validity of the remaining
portions of this resolution. The City Council of the City of
Arcadia hereby declares that it would have adopted this resolution
and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
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5836
SECTION 5. That the City Clerk shall certify to the adoption
of this Resolution.
Passed, approved and adopted this 7th day of March , 1995.
ATTEST:
APPROVED AS TO FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
• CITY OF ARCADIA
2 N rkea.,
Michael H. Miller, City Attorney
SS:
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5836 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 701 day of March, 1995, and that the said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
i Clerk of the C y o Acadia
-2-
5836