TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Carrie Tai, AICP, Community Development Director
Nhung Huynh, Senior Management Analyst
SUBJECT:Title
Discuss Existing Regulations For Overhead String Lights Placed Above Walk Streets (Community Development Director Tai).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on regulations for overhead string lights placed above walk streets in the public right-of-way.
FISCAL IMPLICATIONS:
There are no fiscal implications from conducting this discussion. In the event that the City Council directs staff to amend ordinances regulating the use and installation of lights above walk streets, there may be costs/fees associated with the development of such ordinance and associated public outreach.
BACKGROUND:
At its February 15, 2022 City Council meeting, the City Council requested that staff provide information about the use of overhead string lights on the walk streets, which are in the public right-of-way. The City Council requested information on how the Manhattan Beach Municipal Code (MBMC) currently regulates such uses on walk streets, safety standards, the permitting process, and the consistency of enforcement for overhead string lights.
DISCUSSION:
Existing Regulations
MBMC Section 7.36 - Private Use of the Public Right-of-way governs the use of the public right-of-way by private parties. The intent of these standards is to allow private use and development of the public right-of-way with improvements that are functional, attractive and non-obtrusive to the public, consistency with building safety and public works standards, and compatible with public facilities and surrounding developments.
Definitions
MBMC Section 7.36.020 includes definitions related to the private use of the public right-of-way. Relevant definitions are included below for reference:
• Encroachment area: means the section of public right-of-way located between the property line and the edge of the walkway or roadway.
• Encroachment: means and includes paving, obstruction, fence, stand, building, entry monument, or any structure or object of any kind or character which is placed on, in, along, under, over or across a public place, right-of-way, sidewalk or street by or for the use of the adjoining property.
• Overhead structures: means any improvement extending over a public place, right-of-way or street.
• Public walkway: means the portion of the public right-of-way improved and designated by the City for pedestrian travel.
• Right-of-way: means the surface and space in, on, above, through and below any real property in which the City has a legal or equitable interest whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.
• Walk street: means a dedicated public street improved with a public walkway that is closed to vehicular traffic.
Permit Requirements
MBMC Section 7.36.030 requires an encroachment permit for any person to construct, create, occupy or use an encroachment in the public right-of-way. The issuance of encroachment permits is discretionary and may be denied or revoked without cause. The chapter applies to all encroachments, including but not limited to, private improvements, long-term commercial use and commercial sidewalk dining, temporary access for construction, and all other intrusions into the public right-of-way whether temporary or permanent.
MBMC Section 7.36.040 provides the Community Development Director with the authority to issue an encroachment permit consistent with the standard set forth for fixtures and structures located within public walkways or roadways. The Municipal Code only allows structures as defined by the Building Code to encroach into the public right-of-way with approval of the City Council. Applications are reviewed for compliance with the requirements of this chapter, and the public’s priority for use of the City right-of-way as determined to be appropriate by the Director of Public Works. MBMC Section 7.36.060 provides the authority to condition or restrict the permit in any way to protect the public health, safety and welfare. This section also includes language about covenants; mandatory conditions related to requirements for certificates of insurance releasing the City from any and all liability whatsoever in the granting of such encroachment; fees paid by the applicant; and homeowner association conditions, if applicable.
Encroachment Standards
MBMC Chapter 7.36 includes encroachment standards for all encroachment permits. The following is a summary of standards relating to apparatus on walk streets:
General Standards
• All structures as defined by the City’s Building Code are prohibited from encroaching in the public right-of-way unless approved by the City Council. (MBMC Section 7.36.150(A)(1))
• Obstructions to neighboring resident’s scenic views shall be avoided. (MBMC Section 7.36.150(A)(6))
Walk Street Standards
• The height limit for fences and railings is 42”, unless within five feet from a street corner, in which case the height is 36” (MBMC Section 7.36.150(B)(1))
• Landscaping must be trimmed to 42” maximum. (MBMC Section 7.36.150(B)(3))
• Combined height of fences, railings, and retaining walls, including walkway rises, shall not exceed a height of 42”. (MBMC Section 7.36.150(B)(5))
Required Findings
In granting approval of an encroachment permit application, the City must make the following findings from MBMC Section 7.36.065, in italics:
A. The granting of the encroachment permit will not be materially detrimental to the public health, safety, convenience, and welfare or injurious to property and improvements in the same vicinity and zone in which the property is located:
B. The granting of the encroachment permit will be in conformity with the policies and goals of the General Plan;
C. The proposed encroachment will comply with the provisions of this chapter, including any specific condition required;
D. The proposed encroachment will not encroach into the area of the right-of-way occupied by an improved paved sidewalk or pedestrian or vehicular access way or stairway, except as expressly provided in this chapter;
E. The proposed encroachment will not reduce or adversely impact public pedestrian access along the paved and improved portion of the street, sidewalk, walk street, alley or stairway and does not reduce or adversely impact the vehicular access along the improved alley.
F. For properties that are located in the coastal zone, the proposed encroachment will be consistent with the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976, as follows:
1. The proposed encroachment will not impact public access to the shoreline, adequate public access is provided and shall be maintained in the public right-of-way adjacent to the subject property ([California Government Code] Section 30212(a)(2)).
2. The present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area ([California Government Code] Section 30221).
Enforcement Provisions
MBMC Section 7.36.120 includes enforcement provisions for violations in the encroachments in the public right-of-way. Violations of this section are punishable as a misdemeanor as set for the in MBMC Section 1.04.010(A).
Overhead String Lights in Walk Streets
Overhead string lights are interconnected lights suspended above the ground. The suspension points may be from poles, trees, or buildings, across multiple points. Overhead string lights are generally used to create ambiance, and rarely serve as necessary, required, or safety lighting. Lights are usually low voltage and have a power source such as 110V electricity or solar/battery power. There are many varieties of string lights, including lights themed with single or multiple colors, with many types of bulbs. Holiday string lights are a form of string light.
While the term “overhead structure” is defined herein, there are no applicable encroachment standards. As such, the City’s Municipal Code does not specifically prohibit the use of overhead lights above the walk streets in the public right-of-way, There are, however, provisions that would prevent structures over 42” in the walk street encroachment areas. The encroachment standards for all allowed apparatus on the walk streets limit heights to no more than 42”. Additionally, the encroachment standards indicate that obstructions to resident’s scenic views shall be avoided. It is inferred that installation of any structures taller than 42” would have the potential to impact scenic views.
Structures over walk streets are required to be over 15 feet tall for height clearance necessary for maintenance vehicles, including but not limited to the higher clearance vehicles like the sewer vacuum truck. New or modified structures taller than six feet require a building permit. Any new poles on private property or suspension of lights from structures would need building permits, which require submittal of plans and structural calculations. The purpose of building permits is to ensure that overhead string lights are safely suspended due to their weight, wind loading, and movement, particularly being over a public walkway.
Segments of many of the City’s walk streets lie within Underground Utility Assessment Districts (UUADs) that have previously been formed by resolution of City Council. Section 7.28.050 of the City’s Municipal Code prohibits any person or utility from installing poles or wires within the boundaries of an undergrounding district with limited exceptions. These exceptions, which are identified in Section 7.28.070 of the Municipal Code, include, but are not limited to, pole or electroliers used exclusively for street lighting, and wires that extend between adjacent buildings without crossing any public street.
Currently, the City’s encroachment standards do not have a clear path for approval of most applications of overhead string lights on walk streets. If the City Council wished to allow temporary applications of overhead lights with encroachment permits and associated requirements subject to City Council approval, there are several options detailed below in the Policy Alternatives. Existing City regulations already provide standards for insurance requirements and enforcement provisions as well.
POLICY ALTERNATIVES:
The following policy alternatives, or versions thereof, are available for the City Council to consider:
1. No Action (Prohibit). Continue to implement the existing MBMC Section 7.36, which prohibit overhead string lights on walk streets; or
2. Work Plan Item to Allow for Temporary Overhead String Lights Suspended from Private Property Only In Eligible Areas Only. Direct staff to create a work plan item to develop a process to allow for temporary uses of overhead string lights in areas not otherwise restricted by UUADs. This would be limited to lights suspended across the walk street from structures on private property (outside of the public right-of-way) and would include proposed parameters such as height clearance, time limits, an application fee for encroachment permit, any associated building plan check and inspection permits, and applicants to obtain concurrence from any/all residents whose views may be affected. Staff would return to the City Council with the proposed process. If implemented, applications for overhead lights above walk streets would be submitted to the City Council; or
3. Work Plan Item to Allow Temporary Overhead String Lights Suspended from Private or Public Property In Eligible Areas. Direct staff to create a work plan item to amend existing Code Section 7.36 to more specifically allow lights above the walk streets in areas not otherwise restricted by UUADs. This would allow encroachment permits to be considered for poles (structures) to be installed in the walk street encroachment area for purposes of suspending string lights. The Building Code would govern private property structures, but Public Works standards would govern structures in the public right-of-way. Note that the California Coastal Commission must certify any changes to Chapter 7.36 prior to ordinance changes being applicable to areas in the Coastal zone.
PUBLIC OUTREACH:
Public outreach and notification was not required for this issue. However, should the City Council direct staff to change the Municipal Code, public notification and outreach activities associated with the Municipal Code changes would be included in the work plan item.
ENVIRONMENTAL REVIEW:
The City Council’s discussion of existing regulations is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. In the event that the City Council directs staff to take any action requiring discretionary approval, including amendments to the Municipal Code, said activity would be subject to CEQA.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Manhattan Beach Municipal Code - Chapter 7.36
2. PowerPoint Presentation