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HomeMy WebLinkAboutAgenda: Study Session A: Policy on Private Property Owner Structural Improvements in Public Right of WaySUMMARY
DISCUSSION
STAFF REPORT
Development Services Department
DATE: September 21, 2010
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Philip A. Wray, Deputy Director of Development Services /City Engineer
SUBJECT: REPORT, DISCUSSION AND DIRECTION REGARDING POLICY ON
PRIVATE PROPERTY OWNER STRUCTURAL IMPROVEMENTS IN
THE PUBLIC RIGHT -OF -WAY
Recommendation: Provide Direction
The purpose of this staff report is to explain the City's policy on the use of the public
parkway. The public right -of -way typically includes the paved street and the parkways
outside of the streets. Parkways vary in width but are on average 10 to 12 feet wide.
Construction within public parkways is governed by the encroachment permit process
and is limited to public access, pedestrian and utility purposes. The City does not allow
non - public vertical encroachments such as walls, planters, or pilasters in the public
parkway because of potential conflicts with the parkway's intended use but does allow
some horizontal encroachments such as walkways or hardscape under certain
conditions.
The public parkway, referred to as the area between the curb and the property line is an
extension of the public street and is reserved for public use. Public parkways are on the
average 10 to 12 feet wide. The parkway is used for City facilities like sidewalks, street
lights, traffic signals, traffic signs and hydrants, and public utilities both above and below
ground.
The City's policy is to not allow non - public vertical encroachments in the public parkway
because of potential conflicts with the parkway's intended use but to allow horizontal
encroachments within reason under certain conditions. Allowable non - public uses of
Staff Report
September 21, 2010
Page 2
the public parkway are limited to mailboxes and access improvements like driveways
and walkways. For the purpose of this review, the focus will be on public parkways in
residential areas.
Non - public encroachments in the parkway can be separated into two categories, vertical
and horizontal. The two categories are discussed below.
Vertical Encroachments:
Typical requests for non - public vertical encroachments in the parkway are for decorative
walls, fences, planters and pilasters. These encroachments could be placed parallel to
the street as well as perpendicular to the street at property lines or adjacent to
driveways. Although encroachments at side property lines may be Tess visible to the
public, they are no less intrusive to the uses of the parkway described above. The
reasons these are not allowed are as follows:
1. The potential for conflict with the uses described above like street lights, hydrants
utility cabinets and meters etc., both existing and future.
2. The potential liability to the City for damage to vehicles or injury to pedestrians
caused by an encroachment. The City Attorney has consistently maintained that
significant liability exists.
3. The consistency with the Arcadia Municipal Code section that restricts structural
obstructions that conflict with the "...free passage of pedestrians...along such
street, parkway or sidewalk."
Landscaping is not considered a vertical encroachment regulated by an encroachment
permit and is allowed in the parkway under certain conditions. Landscaping must meet
the requirements of the City's clear -sight triangle regulations for all intersections of
streets and or driveways. Landscaping must also be maintained so that it does not
interfere with the passage of vehicles and pedestrians.
The City is constantly approached by property owners inquiring about the installation of
vertical features in the parkway. Many property owners are not aware of where their
front property lines are and are surprised to hear that they cannot install anything in the
parkway. In neighborhoods with sidewalks, request for vertical encroachments are
typically Tess of an issue because the sidewalk helps to define the public parkway limits.
Particularly where sidewalks are set back at the property lines, they clearly separate the
parkway from private yards and the parkway tends to take on a different and distinct
character.
It should be noted that there are many pre- existing non - public vertical encroachments in
the public parkways. Most appear to have been in place for some time. Although there
are generally no records of city permits for these, they may have been installed with the
City's knowledge under a previous policy or without the City's knowledge. The City
Staff Report
September 21, 2010
Page 3
does actively regulate new installations and non - permitted work in progress. Often,
parkway encroachment violations come to light due to neighbor disputes or other code
enforcement actions.
To address the liability issue, several years ago the City Attorney prepared a Hold
Harmless Agreement for use in the event the City chose to allow an encroachment in
the right -of -way. The agreement requires the property owner to obtain and maintain
general liability insurance in the amount of $1 million. This is not only a great burden on
the property owner to obtain and maintain the insurance, but also a burden on the City
to track and keep current records. To date the agreement has not been used.
Horizontal Encroachments:
Typical horizontal encroachments are driveway approaches, sidewalks, walkways and
landings. With the exception of sidewalks, most horizontal encroachments are for the
benefit of the adjacent property. The City's policy has been to allow non - public
horizontal encroachments in most cases as long as they do not create hazards for
pedestrians or conflict, with public uses. The City does allow decorative material such
as brick, pavers, stone and colored concrete as long as the material is not significantly
uneven or does not have the potential to cause a tripping hazard. In parkways with
sidewalk, or where sidewalk may be planned for the future, only concrete is allowed.
RECOMMENDATION
Staff recommends that the City council provide direction on the current policy. The
following options are:
1. Continue the current policy of not allowing vertical encroachments and allowing
horizontal encroachments with conditions
2. Modify the policy to allow vertical encroachments in the rear portion of the
parkway
3. Modify the policy to allow vertical encroachments in the parkway with limitations
such as height, size, removable capability, etc.
Approved by:
JK:PAW:pa
Donald Penman, City Manager