HomeMy WebLinkAboutOrd 96-1161 EncroachmentsORDINANCE NO. 96-1161
2
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING
3 THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38, REGARDING
4 ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY.
5
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS
6 FOLLOWS:
7
8 SECTION 1. Section 29-31 of Chapter 29, Article V, Encroachments, of the Hermosa
9 Beach Municipal Code is amended by amending the definition of"Encroachment" contained therein
10 to read as follows:
11 Encroachments are structures, objects, uses or landscaping owned by a private
12 property owner and located on or over adjoining public right-of-way for the property
13 owner's private use and enjoyment. Permissible encroachments are those which place a
14 minimal burden on the right-of-way, are easily removable and do not materially alter the
15 character of the right-of-way as open space, and include landscaping, fencing, movable
16 personal property (such as furniture and planters), patios, decks, landscape irrigation and
17 lighting systems and similar structures and objects, in accordance with the standards,
18 conditions and requirements of this Chapter, No building or structural element of a building
19 including walls, roofs, structural supports, balconies, stairwells, and the like) shall be
20 permitted to encroach on or over a public right-of-way.
21 SECTION 2. Section 29-32 of Chapter 29, Article V, Encroachments, of the Hermosa
22 Beach Municipal Code is amended to read as follows:
23 Sec. 29-32. Permit.
24 An encroachment permit is required for any landscaping in excess of forty-two
25 inches (42") in height, and any structure, object or use which is permitted by this Chapter to
26 encroach on or over a public right-of-way. The encroachment permit shall be in a form
27 provided by the Public Works Director and approved by the City Attorney. Issuance of an
28 encroachment permit is within the City's discretion and constitutes a privilege granted by
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t the City as a convenience to an adjoining property owner and not a right. An encroachment
2 permit is not a substitute for a building permit or a construction permit when either is
3 otherwise required by this Code.
4 SECTION 3. Section 29-34 of Chapter 29, Article V, Encroachments, of the Hermosa
5 Beach Municipal Code is amended by adding thereto a new final sentence to read as follows:
6 If the applicant for an encroachment permit is an officer or employee of the City,
7 only the City Council is authorized to issue the permit.
8 SECTION 4. Section 29-35 of Chapter 29, Article V, Encroachments, of the Hermosa
9 Beach Municipal Code is amended by adding a new sentence there to read as follows:
to Only the owner of record of real property is eligible to apply for and receive an
t t encroachment permit for encroachments from adjacent residential property.
12 SECTION 5. Section 29-36 of Chapter 29, Article V, Encroachments, of the Hermosa
13 Beach Municipal Code is amended by adding a new sentence there to read as follows:
14 Only the owner of record of real property is eligible to apply for and receive an
15 encroachment permit for encroachments from adjacent commercial property, except that
16 commercial outdoor dining encroachment permits may be issued to a lessee in connection
17 with approval of a conditional use permit pursuant to Section 29-39.
18 SECTION 6. Section 29-38 of Chapter 29, Article V, Encroachments, of the Hermosa
19 Beach Municipal Code is amended to read as follows:
20 Sec. 29-38. Requirements and conditions of approval.
21 Permitted encroachments shall comply with the following requirements and conditions:
22 1) General(applicable to all encroachments):
23 a.All construction shall conform to the requirements of the Uniform Building
24 Code, the Municipal Code, and the Department of Public Works Standards
25 and Policies.
26 b.Landscaping encroachments within the public right-of-way shall not exceed
110 27 the building height limitation of the zone in which it is planted.
28 III
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1 c.In the case of an encroachment occupying the public right-of-way enclosed
2 by the extension of the two side property lines between the front property
3 line and the existing or future sidewalk, a minimum of one-third of the
4 encroachment area shall be landscaped in accordance with a landscape plan
5 to be approved by the Public Works Department in conjunction with the
6 encroachment permit application.
7 d.Height of any encroachment shall be measured from the natural grade unless
8 otherwise specifically approved by the Director ofPublic Works by virtue of
9 unusual topography or other extraordinary physical circumstances.
10 e.Encroachments shall not obstruct access to underground utilities nor
11 significantly impair scenic vistas from neighboring properties.
12 f.Public right-of-way, through receipt of an encroachment permit, shall not
13 satisfy required open space or any conditions of building or zoning that are
14 normally provided on-site, except for providing required residential guest
15 parking, pursuant to Sections 1157 (c) and 1159 (b) of the Zoning
16 Ordinance, and for providing required parking approved by a parking plan
17 granted pursuant to Section 1169 of the Zoning Ordinance.
18 g.An encroachment shall not provide structural support for any structure
19 located on private property.
20 2) Pedestrian walk street(applicable only to those streets):
21 a.Fences shall not exceed a maximum height of forty-two inches (42").
22 b.Fences are allowed at a height of forty-two inches (42") maximum on top of
23 retaining walls of masonry, block, brick or concrete. The fence height is
24 measured from the natural grade. A retaining wall on public right-of-way
25 shall not support any structure on private property.
26 c.Decks may be permitted to a maximum height of twelve inches (12") height
27 above the existing natural grade and if they do not project into the public
28 right-of-way more than half the distance between the property line and edge
3-
1 of existing or future sidewalk. Deck railings are permitted provided that
2 they are of open construction and that deck and railing do not exceed a
3 maximum height of forty-two inches (42").
4 3) Vehicular street(applicable only to those streets):
5 a.Fences shall not exceed a maximum height of forty-two inches (42").
6 b.Encroachments shall not be placed over an existing or planned sidewalk.
7 SECTION 7. Section 29-40 of Chapter 29, Article V, Encroachments, of the Hermosa
8 Beach Municipal Code is amended by deleting subparagraphs (c) and (h) and re-lettering
9 subparagraphs (d), (e), (f), (g) and (i) as subparagraphs (c), (d), (e), (f) and (g) respectively.
10 SECTION 8. Section 29-44 of Chapter 29, Article V, Encroachments, of the Hermosa
11 Beach Municipal Code is hereby repealed.
12 SECTION 9. Encroachments in existence on May 15, 1996, which do not conform to the
13 standards set forth in Section 29-38 may remain as they exist as of May 15, 1996, whether or not a
S14 valid encroachment permit is obtained from the City as long as the encroachment is not expanded,
15 increased or intensified, until the earlier of either of the following events:
16 1,The City revokes the encroachment permit or requires removal of the encroachment
17 for any reason, including construction of public improvements, which requires
18 access to the encroachment area;
19 2.The primary structure on the property benefiting from the encroachment is
20 remodeled or reconstructed at a cost which exceeds fifty percent (50%) of the
21 replacement cost of the existing structure.
22 In either of the above events, the encroachment shall be removed and any
23 replacement encroachment shall be subject to receipt of an encroachment permit and shall
24 conform to the requirements of Section 29-38.
25 SECTION 10. This ordinance shall become effective and be in full force and effect from
26 and after thirty (30) days of its final passage and adoption.
27 SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the
28 City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
4-
1 general circulation published and circulated, in the City of Hermosa Beach in the manner provided
2 by law.
3 SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance,
4 shall enter the same in the book of original ordinances of said city, and shall make minutes of the
5 passage and adoption thereof in the records of the proceedings of the City Council at which the
6 same is passed and adopted.
7 PASSED, APPROVED and ADOPTED this 9th day of July, 1996, by the following vote:
8 AYES: Edgerton, Reviczky, Mayor Oakes
NOES: None
9 ABSTAIN: None
to ABSENT.Benz, Bowler
11
12
13
PRESIDE of thembd MAYOR of the City of Hermosa Beach, California
14
15
ATTEST-APPROVED AS TO FORM:
16
17
18 CITY CLERK CITY ATTORNEY
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5-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 96-1161 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting
held at the regular meeting place thereof on the 9th day of July, 1996, and was published in
the Easy Reader newspaper on July 18, 1996.
The vote was as follows:
AYES: Edgerton , Reviczky, Mayor Oakes
NOES: None
ABSENT.Benz, Bowler
ABSTAIN: None
DATED:July 18, 1996
AL_Ct./
Deputy City Clerk
t f
PROOF OF PUBLICATION
2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
Proof of Publication of:
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, CITY OF HERMOSA BEACH
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of the ER REF.NO. HBL 701BEACHPEOPLE'S EASY READER, a newspaper of
general circulation,printed and published WEEKLY in
the City of HERMOSA BEACH,County of LosAnge-
les, and which newspaper has been adjudged a news-
paper of general circulation by the Superior Court of see attached page)
the County of Los Angeles, State of California, under
the date of October 24, 1972, Case Number SWC
22940,that the notice,of which the annexed is a printed
copy (set in type not smaller that nonpareil),has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates,to-wit:
July 18
S
all in the year 1996.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at HERMOSA BEACH,CALIFORNIA,
this 18th day of July
1996.
5-1L
Signature
EASY READER, INC.
P.O.BOX 427
832 HERMOSA AVENUE,
HERMOSA BEACH,CA 90254
Telephone: (310)372-4611
1 4
F Me o'CITY OF HERMOSA BEACH
JA. ORDINANCE NO. 96-1161
4
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,CALIFORNIA,AMENDING THE HERMOSA
BEACH MUNICIPAL CODE,SECTION 29-38, REGARDING ENCROACHMENTS INTO THE PUBLIC
RIGHT OF-WAY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 29-31 of Chapter 29,Article V,Encroachments,of the Hermosa Beach Municipal
Code is amended by amending the definition of"Encroachment"contained therein to read as follows:
Encroachments are structures,objects,uses or landscaping owned by a private property owner and
located on or over adjoining public right-of-way for the property owner's private use and enjoyment. Permis-
sible encroachments are those which place a minimal burden on the right-of-way,are easily removable and
do not materially alter the character of the right-of-way as open space,and include landscaping,fencing,
movable personal property(such as furniture and planters),patios,decks,landscape irrigation and lighting
systems and similar structures and objects,in accordance with the standards,conditions and requirements of
this Chapter. No building or structural element of a building(including walls,roofs,structural supports;balco-
nies,stairwells,and the like)shall be permitted to encroach on or over a public right-of-way.
SECTION Z. Section 29-32 of Chapter 29,Article V,Encroachments,of the Hermosa Beach Municipal
Code is amended to read as follows:
Sec.29-32. Permit
An encroachment permit is required foranylandscaping in excess offorty-two inches(42")in height,and
any structure,object or use which is permitted by this Chapter to encroach on or over a public right-of-way.
The encroachment permit shall be in a form provided by the Public Works Director and approved by the City
Attorney.Issuance of an encroachment permit is within the City'sdiscretion and constitutes a privilege granted
by the City as a convenience to an adjoining property owner and not a right.Anencroachment permit is not
a substitute for a building permit or a construction permit when either is otherwise required by this Code.
SECTION 3. Section 29-34 of Chapter 29,Article V,Encroachments,of the Hermosa Beach Municipal
Code is amended by adding thereto a new final sentence to read as follows:
If the applicant for an encroachment permit is an officer or employee of the City,only the City Council is
authorized to issue the permit.
SECTION 4. Section 29-35 of Chapter 29,Article V.encroachments,of the Hermosa Beach Municipal
Code is amended by adding a new sentence there to read as follows:
Only the owner of record of real property is eligible to apply for and receive an encroachment permit for
encroachments from adjacent residential property.
SECTION 5. Section 29-36 of Chapter 29,Article V,Encroachments,of the Hermosa Beach Municipal
Code is amended by adding a new sentence there to read as follows:
Only the owner of record of real property is eligible to apply for and receive an encroachment permit for
encroachments from adjacent commercial property,except that commercial outdoor dining encroachment
permits may be issued to a lessee in connection with approval ofa conditional use permit pursuant toSection
29-39.
SECTION Q. Section 29-38 of Chapter 29,Article V,Encroachments,of the Hermosa
Beach Municipal Code is amended to read as follows:
Sec.29-38.Requirements and conditions of approval.
Permitted encroachments shall comply with the following requirements and conditions:
1) General(applicableto all encroachments):
a.All construction shall conform to the requirements of the Uniform Building Code,the.Municipal
Code,and the Department of Public Works Standards and Policies.
b.Landscaping encroachments within the public right-of-way shall not exceed the building height
limitation of the zone in which it is planted.
c.In the case of an encroachment occupying the public right-of-way enclosed by the extension of
the two side property lines between the front property line and the existing or future sidewalk,a minimum of
one-third of the encroachment area shall be landscaped in accordance with a landscape plan to beapproved
by the Public Works Department in conjunction with the encroachment permit application.
d.Height of any encroachment shall be measured from the natural grade unless otherwise specify
cally approved by the Director of Public Works by virtue of unusual topography or other extraordinary physical
circumstances.
e.Encroachments shall not obstruct access to underground utilities nor significantly impair scenic
vistas from neighboring properties.
f.Public right-of-way,through receipt of an encroachment permit,shall not satisfy required open
space orany conditions of building or zoning that are normally provided on-site,except for providing required
residential guest parking,pursuant to Sections 1157(c)and 1159(b)of the Zoning Ordinance,and for provid-
ing required parking approved by a parking plan granted pursuant to Section 1169 of the Zoning Ordinance.
g.An encroachment shall not provide structural support for any structure located on private property.
2) Pedestrian walk street(applicable only to those streets):
a.Fences shall not exceed a maximum height of forty-two inches(42"),
b.Fences are allowed at a height of forty-two inches(42")maximum on top of retaining walls of
masonry,block,brick or concrete.The fence height is measured from the natural grade.Aretaining wall on
public right-of-way shall not support any structure on private property.
c.Decks may be permitted to a maximum height of twelve inches(12")height above the existing
natural grade and if they do not project into the public right-of-Way more than half the distance between the
property line and edge of existing or future sidewalk. Deck railings are permitted provided that they are of
open construction and that deck and railing do not exceed a maximum height of forty-two inches(42").
3)Vehicular street(applicable only to those streets):
a.Fences shall not exceed a maximum height of forty-two inches(42").
b.Encroachments shall not be placed over an existing or planned sidewalk.SECTION 7. Section 29-40 of Chapter 29,Article V,Encroachments,of the Hermosa Beach
Municipal Code is amended by deleting subparagraphs(c)and(h)and re-lettering subparagraphs(d),(e),
f),(g)and(i)as subparagraphs(c),(d),(e),(f)and(g)respectively.SECTION Q. Section 29-44 of Chapter 29,Article V,Encroachments,of the Hermosa Beach
Municipal Code is hereby repealed.
SECTION 9.Encroachments in existence on May 15,1996,which do not conform to the stan-
dards set forth in Section 29-38 may remain as they exist as of May 15,1996,whether or not a valid en-
croachment permit is obtained from the City as long as the encroachment is not expanded,increased or
intensified,until the earlier of either of the following events:
1.The City revokes the encroachment permit or requires removal of the encroachment for anyreason,including construction ofpublic improvements,which requires accessto the encroach-
2.Theprimary structure on the property benefiting fromthe encroachment is remodeled or re-
constructed at a cost which exceeds fifty percent(50%)of the replacement cost of the existing
structure.
In either of the above events,the encroachment shall be removed and any replacement en-
croachment shall be subject to receipt of an encroachment permit and shall conform to the equirements of
Section 29-38.
SECTION 10. This ordinance shall become effective and be in full force and effect from and
after thirty(30)days of its final passage and adoption.SECTION 11. Prior to the expiration of fifteen(15)days after the date of its adoption,the City
Clerk shall cause this ordinance to be published in the Easy Reader,a weekly newspaper of general circula-
tion published and circulated,in the City of Hermosa Beach in the manner provided by law.
SECTION 12.The City Clerk shall certify to the passage and adoption of this ordinance,shall
enter the same in the book of original ordinances of said city,and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed and
adopted.
PASSED,APPROVED and ADOPTED this 9th day of July,1996;by the following vote:
AYES:Edgerton,Reviczky,Mayor Oakes
NOES:None
ABSTAIN:None
ABSENT:Benz,Bowler
Julie Oakes
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach,California
ATTEST APPROVED AS TO FORM:
Elaine Doerflina Michael Jenkins_ -
CITY CLERK CITY ATTORNEY'
ER7-18-961HBL701