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9. 7.36.150 - Encroachment standards.
General Standards:
Structures as defined by the City's Building Code or other encroachments are prohibited from encroaching within the public right-of-way unless in compliance with these standards or approved by the City Council.
Landscaping is permitted without an encroachment permit in accordance with an approved landscape plan pursuant to Section 7.32.080 E. of the Municipal Code. Artificial landscape materials, except artificial turf grass approved by the Director of Community Development, are prohibited.
Utility obstructions shall be avoided so as to maintain access to underground utilities. A minimum of thirty inches (30″) of clearance is required on each side of all water and sewer mains, unless otherwise approved by the Director of Public Works.
Drainage from a private collection system that discharges a concentrated flow shall be directed to a vehicular street or alley pursuant to Public Works Department construction standards and shall be prohibited from flowing onto a public pedestrian walkway or sidewalk.
A drainage plan shall be provided with an application for an encroachment permit.
All encroachments shall be in conformance with Title 5, Chapter 5.84 of the Municipal Code pertaining to storm water pollution control.
Obstructions to neighboring resident's scenic views shall be avoided.
Steps and stairs, other than risers between four and seven inches (4″ to 7″) in height and spaced a minimum of three feet (3′) apart, are not permitted in the public right-of-way. Steps and stairs that lead to and/or function as primary access to a building/facility cannot be located within any encroachment area/public right-of-way.
Exception. One (1) set of steps comprised of three (3) consecutive risers is permitted provided a condition does not result that requires installation of a guardrail or handrail.
Existing improvements which do not conform to current standards must be removed or brought into conformance if the related structure on the adjoining property is significantly remodeled or reconstructed or if any new significant construction is proposed in the public right-of-way. Existing permitted improvements that have been made non-conforming by changes to these standards may otherwise remain provided any nonconforming element is not increased or expanded. The intent is to cause nonconforming encroachments to be brought into conformity concurrent with major alterations or entirely new structures constructed on adjoining private property.
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Routine maintenance and repair may be performed on a nonconforming encroachment structure or improvement and replacement with a comparable improvement is permitted upon demonstration that the encroachment is deteriorated and creating an unsafe condition.
Walk Street Standards:
Fences and railings, including required safety handrails and guardrails, are permitted provided an open design is utilized. The maximum allowable height is forty-two inches (42″) above the adjacent public walkway. To ensure pedestrian to vehicle visibility at corners, a thirty-six inch (36″) maximum height (measured from adjacent curb level) is required within a distance of five feet (5′) from the street corner.
Retaining walls (not including walkway risers), free-standing walls and closed design fences are permitted provided the maximum allowable height is thirty-two inches (32″) above the adjacent public walkway. Conditions requiring guardrails that exceed the height permitted in subsection (B)(1) above shall not be permitted.
Exception. Retaining walls and related required safety railing that exceed the thirty-two inch (32″) limit may be constructed at the side boundaries of an encroachment area if necessary to retain a neighbor's existing grade, provided all other encroachment improvements comply with applicable encroachment standards. If subsequently such over-height walls and/or safety rails are no longer necessary due to modification of the adjoining encroachment area, the property owner shall lower the over-height wall/safety rail to conform with applicable standards. This requirement shall be included as a permit condition in the encroachment permit agreement.
Landscaping is permitted subject to approval of a landscape plan pursuant to Section
7.32.080(E) and shall be submitted with an encroachment permit. Landscaping shall cover a minimum of one-third of the encroachment area and shall not project over or onto the public walkway. To promote visual openness and conserve scenic vistas, the height of landscape plantings shall not exceed forty-two inches (42″) as measured from the adjacent public walkway.
Landscape plantings shall be maintained in substantial conformance with the approved plan.
If it is determined that a resident view is impaired, the Director of Community Development shall direct the owner of the property adjacent to the encroachment landscaping to trim the over-height landscaping to forty-two inches (42″) maximum. Should the property owner fail to act, the Director of Community Development may cause the landscaping to be trimmed, with the expense borne by the property owner. The owner of the property who receives such notice to trim may appeal the decision of the Director of Community Development pursuant to Section 7.36.070 of this chapter.
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5. Usable surfaces (as defined herein). The intent of this standard is to ensure that the elevation of encroaching outdoor living areas located nearest the public walkway be consistent with the public walkway.
Usable surfaces are permitted as follows:
Within the front half of the encroachment area (adjacent to the public walkway), limited to a maximum height of twelve inches (12″) as measured above or below the adjacent public walkway.
Within the rear half of the encroachment area (adjacent to private property), limited to a maximum height of either: thirty-six inches (36″) as measured above or below the adjacent public walkway, or twelve inches (12″) as measured above or below the natural grade, as defined herein.
The total combined height of fences, railings, retaining walls (including walkway risers) shall not exceed a height of forty-two inches (42″) as measured from lowest adjacent finished grade.
Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standards except as permitted by the Director of Public Works.
El Porto Strand Standards: In addition to the encroachments permitted in subsection B above, the following encroachments are permitted within the Strand right of way north of Rosecrans Avenue due to unusual slope and underground utility location and to provide an adequate buffer between the Strand walkway and adjoining private properties.
Usable surfaces are permitted within the rear half of the encroachment area at a maximum height of seventy-two inches (72″) measured from the adjacent public walkway, provided they are accompanied by terraced landscape planters with evenly spaced retaining walls with a maximum height of thirty inches (30″) each.
Fences and walls are permitted to be a maximum height of forty-two inches (42″) above the adjacent public walkway except that planter walls required in subsection (C)(1) above may have a maximum height of seventy-two inches (72″).
Corner properties bordering a parking lot entrance or exit are allowed to have walls and fences on the vehicular street side to a maximum height of six feet (6′) above adjacent curb level except that a maximum height of three feet (3′) shall be permitted adjacent to driveway/roadway intersections.
Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular alley or street via a non-erosive device pursuant to Public Works Department construction standards.
Landscaping is permitted subject to approval of a landscape plan pursuant to Section
7.32.080(E) and shall be submitted with an encroachment permit.
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Vehicular Street Standards:
Street improvements, including (but not necessarily limited to) sidewalks, curbs, gutters, parking pads and paving may be required by the Public Works Department for the purpose of maintaining or improving conditions related to drainage, visibility, access, maneuverability or public parking, and, if required, shall be constructed in compliance with City standards.
Fences and walls are permitted as follows:
Location. Compliance is required with Public Works Department standards established in MBMC 9.72.015. A minimum set back of either two feet (2′) or four feet (4′) is required behind existing or required street improvements, depending on the existing and/or planned public street improvements.
Height. Fences and walls may not exceed a maximum height of forty-two inches (42″), measured from the existing public right-of-way grade at the fence or wall location. Open- design fences or guard rails required by the Building Official to exceed the forty-two inch (42″) maximum height are allowed on top of retaining walls if necessary to retain a neighbor's grade at a side property line. Fences and walls located near the intersection of streets or driveways may be subject to lower height requirements to ensure traffic visibility.
Ground cover such as pavement (including brick or other decorative surfaces) and landscaping is permitted on the existing right-of-way grade. Decks or similar structures are prohibited.
Street Corner Visibility. To ensure visibility at street corners a thirty-six inch (36″) maximum height is applicable to all fences, walls or landscape plantings within a distance of fifteen feet (15′) from the street corner as per MBMC 3.40.010 (Traffic Sight Obstructions). A height less than thirty-six inches (36″) may be applicable due to unusual slope conditions.
Significant alteration of the existing right-of-way grade is prohibited, unless determined to be necessary to accommodate a required public street improvement.
Loose gravel and similar material as determined by the Public Works Department is not permitted.
Drainage from a private collection system that discharges a concentrated flow shall be directed to a public vehicular street right-of-way location via a non-erosive device pursuant to Public Works Department standards subject to review and approval of the City Engineer.
Landscaping is permitted subject to approval of a landscape plan pursuant to Chapter
7.32.080 E and may be submitted with permits as set forth in Chapter 7.16 and Chapter 7.32 of this Code.
(§ 1, Ord. 2039, eff. February 18, 2003, as amended by § 3, Ord. 2146, eff. August 4, 2011; Ord. No. 20-0010, §§ 6, 7, eff. July 21, 2020)