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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 R -0 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). R -0 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 R -0 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. R -0 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 R -1 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. R -1 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 R -1 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). R -1 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. - 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