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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