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HomeMy WebLinkAbout10 - Request to Construct Private Improvements within the Public Right -of-Way at 2200 Cliff Drive�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report December 13, 2016 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kathryne Cho, Civil Engineer, kcho@newportbeachca.gov PHONE: 949-644-3014 TITLE: Request to Construct Private Improvements within the Public Right - of -Way at 2200 Cliff Drive ABSTRACT: The property owner of 2200 Cliff Drive requests to construct private improvements within the Cliff Drive and Irvine Avenue public rights-of-way. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow stairs with handrail and retaining walls that encroach in excess of 1 foot into the right-of-way and exceed 3 feet in height within the Cliff Drive and Irvine Avenue rights-of-way; and c) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property owner (Owner) at 2200 Cliff Drive submitted plans for a major remodel of the existing single family residence. The property's frontage along Cliff Drive is rather unique as the home lots are elevated above the street by approximately 7 feet and most of the City's right-of-way is a slope (see attachment C for photos). Currently, there are stairs within the 12 -foot public right-of-way behind the curb that provides access to the 10-1 Request to Construct Private Improvements within the Public Right -of -Way at 2200 Cliff Drive December 13, 2016 Page 2 property. Adjacent neighbors also have retaining walls and stairs along their frontage that encroach in the public right-of-way. With this major remodel, staff worked with the Owner's architect to minimize the amount of encroachments within the Cliff Drive and Irvine Avenue rights-of-way. The Owner is requesting a waiver from City Council Policy L-6, Private Encroachments in the Public Rights -of -Way to better accommodate her street access. The Owner is requesting to relocate the existing stairs to the center of the property along Cliff Drive. Said stairs will include handrails as required by the Building Code and two (2) stepped retaining walls of varying heights up to 5 feet 5 3/4 inches tall above adjacent curb height, one on each side of the stairs. Additionally, Owner would like to construct one (1) new retaining wall with a maximum height of 36 -inches along the Cliff Drive property frontage. The face of the new property frontage retaining wall and the first stair riser will encroach up to 6 feet 6 inches into the Cliff Drive right-of-way and will allow for a 5 -ft wide sidewalk to be constructed as part of the project. Said property frontage retaining wall will round the property's southwesterly corner and terminate adjacent to the top of the curb ramp within the Irvine Avenue right-of-way. This retaining wall return will encroach up to 5 feet 6 inches into the Irvine Avenue right- of-way and will allow for a 4 -ft wide sidewalk to be constructed as part of the project. Staff recommends the removal of all other existing stairs and private improvements within the Cliff Drive and Irvine Avenue rights-of-way fronting the property. ENVIRONMENTAL REVIEW Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Location Map Attachment B - Project Plan Attachment C - Existing Property Photos Attachment D - Property Owner Letter Attachment E - City Council Policy L-6 10-2 I n, pr "o 41 ATTACHMENT A 11114- 1�1'100 14c, 4 olllsl�, co CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ATTACHMENT B 4" PE qti � 6" MIN. ALL SIC 9i 0 10 20?s y I I I I I Feet f 3/4" CRI SCALE: 1"=10' + r��SiDN� III ROCK W/f uI9�, � rev DROPINL IIIAl PO+NPN0F(IINC w 106.6 T6 7.5' --i ]04.30 INV 3 �� 1 15.6' 4'PVC 0 5=0.064 w 8I 4d� ,fR DROP INLET A2 20.0' 4"PVC a .5--0.020 FOUND rWYI?ING r i.a P" za.D'4°Puce sD.D2D NF_I 4 107.90 T6 earti. ca+c 9 oa v t4' 105.30 INV 20.0' 4"PVC @ 5-0.020 !� O q5. �� 18.3' 3°PVC a 5--0255 o a q1 Y'D2 oYD3 m 2 al al n0 a m m � focr CORE DRILLA 99.63 INV ,r. s s w. - s colic ca2X < cc. 9%, 04,8q rola o (99.55) FL 61 DROP INLET A5 r.�ur3 .v"I :. a a Dde D6 Dd tii ypa `3d 82 pROP INLET A3 107.4T6 05 ,gid$', 3 STINT, WATFR 204.9 TG DROP INLET A4 EXISTING 106 50 62 SERVICE 4 METER 107.90 M; 1" i y °" PROTECT IN PLACE " B4 �° r c 4 R 105.70 INV 106,10INV FF=108.33 108.33 1L 102.7 TW 5.5 _ 6 r6 Sja ' Srs TOREMAIN 7 �- u w 99. 100 27 _ 47° .PAVEMENT o[ ,�•� '� L 102.7 TW FS 5 51D�Nc;f ST0fY 3 a4 10 { t rvk�a'� CHANNEL DRAINC -y 99 r 61 9 '' :1� •� 7+ ? •� 108.08 TG i0>6 eQ °I l yy LATERAL 4 C.O. r, a ,margo a. 107.00 fl+IV 8 1' 6f. •�; �O S .'i' PROTECT LN PLACE ROP INLET 63 p3 .:� 6f Seo 'D2 23-%. I�33 107.5 T6 - DROP INLETC2 i• OL 02 p6 �;, 106,4" V tib ry 8. SEE LN!65C P�PLANS - - 107.72 76 r 106.66 INV PROTECT IN PLACE G3 Jo�2 4 .. h ,.n D2 - P D2 - - CHANNEL GRAIN B a1 t@ . �o'� 21 �_ 'a6 B.!' 4"PVC@ 5=0.053 D7 10B.00 TG '^ SPA ' �y+®6 �. . FOUND M7TI7lNG rtlyJ ` D6 107.00 INV - P 2 +. D# • ,'"4' adv' 7. 4.5' 4°PVL @ 5-002 D' Qe �e d„`,r 14j •� - .®.,p -`` 13 2' "PVC @ 5=0.0k0 'h o8 yam. 1 D2 J .. ' 00W hK7iP✓1N6 �• S5- 9Z0 DROP INLET CS 'gyp ti yob D4-. 27.2 4"PVC @ 5=0.020' .. 1 ...../ �.h.. - 13.7 TP Vc @ 5=01b8 c. 107.2 TG yD • 6 -DROP INLET B,y1 4°PVCQ S-0 106.23 INV 1 e a 14.3' 3"PVL @ 5-0.081. - - 107.5 T6 106.91 INV 'Y` �go b•. 'uhf kI. �9�64 ORE DRILL 8 `DROP INLET B1 ]00.84 INV ,6 TG DROP INLET 132 14.7' 4"PVC @ 5=0.010 CORE DRILL C •+_ (100,BD) FL 102.00INV 107.95 TG TO BE REMOVED 103.94INV cq 106.63 INV (103.90) F1 PROTECT IN PLACE rl'� w 3 ll d� l,RvrNtAvitNu� _ STREET TREE NOTE: ALL EXISTING TREES WITHIN RIGHT-OF-WAY TO BE REMOVED. APPROVED PER SITE MEETING WITH GENERAL SERVICES ON 9/22/16. 10-4 SECTION B ALE', 1"=2 IRVINE AVENUE 12, EX. GRADE —4:5' EX. CURS & NUTTER N. SECTION C SCALE'. 1"-2' CONST, P.C.C. 5IDEWALK PL CLIFF DRIVE WS, 12' x s� EX. GRADE EX. NRB A &VTTEk SECTION D SCALE: t"2' 4" PVC SURDRAIN CONST P.C.C. 5IDEWALK OUTLET THROUGH WALL @B'OG MIN. 42" WALL OR FENCE SEE LANDSCAPE PLANS —11,1114 ------- 5B'MTN------- —1 RET. WALLZ By EXISTIN6 SEPARATE PERMIT `g I WALL 41 PVC 5UBORAIN OUTLETTHROUGH WALL E' 8' O.C. RET. WALL BY 5EPARATEPERMIT NDS 9" SQUARE TA UTCH BASIN. USE *I PVC SVBDPAIN OUTLETTHROUGHWALL B' O.C. 10-5 CONSTRUCTION NOTES NO. I DESCRIPTION SITE GRADING 61 CONSTRUCT CONC. PATIO A WALKWAY PER LANDSCAPE AND ARCHITECT PLANS. 62 CONSTRUCT CONC. DRIVEWAY (SECTION PER SOILS ENGINEER). SLOPE TO MATCH EXISTING. 63 CONSTRUCT RETAINING WALL BY SEPARATE PERMIT 64 CONSTRUCT SIDEWALK PER CNB STD. DWG. NO. 180-L G5 INSTALL 36" BOX TREE PER CN8 STD. DWG. NO. 118-L-8 & LANDSCAPE PLANS 66 CONSTRUCT CURB ACCESS RAMP PER CNB STD. DWG. NO. 181-L A-0 (CASE K) & DETAIL SHEET Cl. &RIND EXISTING CURB TO MATCH RAMP OR REPLACE CROSS GUTTER SPANDREL.. DRAINAGE DI CONSTRUCT 4" PVC OR ABS SCHED 40 DRAIN PIPE. D2 i CONSTRUCT 9" 5QUARE DROP INLET W/FILTER INSERT PER DETAIL SHEET C2 03 CONSTRUCT 1/2" SLOT DRAIN AROUND POOL 04 CONSTRUCT 3" PRIVATE DRAIN THROUGH CURB PER CNB STD. DWG. NO. 184-L D5 OUTLET ROOF DRAIN DOWNSPOUT TO PAVEMENT D6 CONNECT ROOF DRAIN DOWNSPOUT TO STORM DRAIN W/4" PVC 10-5 LU NO 0 LL LL J U Chelsea Edmonston Landscape Designer GARDEN § STUDIO 2732 east coast highway, Suite a corona del mar, ca. 92625 MOTAI . M11 LEGEND 1. Side Walk 2. Smooth Sand Finish Davis 'Miami Buff' Coloed Concrete Steps 3. 2" x 2" Black Wrought Iron Railing 4. Property Line 5. Retaining Walls with Tumbled Cream Lompoc Ledge Stone Veneer with Cement Slurry Wrap 6. 36" Tall Pilasters, See Entry Stairway Exhibit A, Sheet 2 Notes: 1. See Entry Stairway Exhibit A, Sheet 2 for Elevation and Section Friedman Residence 2200 Cliff Drive Newport Beach, California Entry Stairway Exhibit A Sheet 1 of 2 Scale: 1/8" = IA" Date 09.29.2016 Revisions 10.19.2016 11.21.2016 10-6 Legend 1. 2" x 2" Black Wrought Iron Railing 2. (2x) 22" x 22" x 36" Tall Pilasters with Tumbled Cream Lompoc Ledge Stone Veneer with Cement Slurry and Smooth Sand Finish Davis'Miami Buff Colored Concrete Cap 3. 'X' Fence, Paint to Match House 4. Smooth Sand Finish Davis'Miami Buff Colored Concrete Steps 5. Retaining Walls with Tumbled Cream Lompoc Ledge Stone Veneer with Cement Slurry Wrap R 6. Smooth Stucco Retaining Wall, Color to Match House 7. Finish Surface of Sidewalk 8. Existing Grade 9. Curb Face 10. Natural Grade Section AA Front Elevation and Section Scale: 1/4"=l' -O" GARDEN § STUDIO 2732 east coast highway, Suite a corona del mar, ca. 92625 mg—TLiI. M11 Friedman Residence 2200 Cliff Drive Newport Beach, California Entry Stairway Exhibit A Sheet 2 of 2 Chelsea Edmonston ziecnon H:H Date 09.29.2016 Revisions 10.19.2016 11.21.2016 10-7 ISR r�r 6. Smooth Stucco Retaining Wall, Color to Match House 7. Finish Surface of Sidewalk 8. Existing Grade 9. Curb Face 10. Natural Grade Section AA Front Elevation and Section Scale: 1/4"=l' -O" GARDEN § STUDIO 2732 east coast highway, Suite a corona del mar, ca. 92625 mg—TLiI. M11 Friedman Residence 2200 Cliff Drive Newport Beach, California Entry Stairway Exhibit A Sheet 2 of 2 Chelsea Edmonston ziecnon H:H Date 09.29.2016 Revisions 10.19.2016 11.21.2016 10-7 Plant List OTraes Max Growth Characteristic Size QTY Shrubs (cont.) Arbutus'Madna' 40'-50' Tall 36" box 4 @ Penniseteum alopecumides'Little Bunny' Marina Strawberry Tme'Multi' Little Bunny Fountain Gress_ Approved Per Site Meeting with General Services on September 22, 2016 To be Maintained at 20'Penniseteum setaceum O Green Fountain Grass Laums nobilis'Standard' 12'-15' Tall 15 gal. 2 Bay Laurel Standard © Evergreen Fountain Grass 0 e eumpaea 20'-30' Tall Specimen 1 Olive Pittosporum crassifolium'Compactum' 0 Dwarf Kam Nana Hedges Max Growth Characteristic Size QTY 0Pitto sporum tenuifolium'Golf Ball' eFicus nitida'Column' 15 gal. 19 © Golf Ball Kohuhu Indian Laurel Fig Rosmadnus pmstratus'O icinalis' ®Laurus nobilis'Multi' 15 gal. 13 Trailing Rosemary Bay Laurel Multi Stipa tenuissima Shrubs Max Growth Characteristic Size QTY O Mexican Feather Grass Aeonium urbicum'Salad Bowl' 1 gal. 15 Westringia fruticosa'Smokey' 0 Salad Bow, Aeonium 0 Coast Rosemary Buxus japonicum 1gal. 58 Westringia fruticosa'Morning Light' Japanese Boxwood Hedge Low Coast Rosemary (DTL) OBuxus sempervirens'Suffrutiwsa' 24" dia. 2 Boxwood Globe O Westringia fruticosa Coast Rosemary BG Buxus sempervirens'Suffruticosa' 30" dia. 1 Boxwood Globe O Westringia fruticosa'Jervis Gem' Coast Rosemary Calandrinia grendi0ore 1Tall 1 gal. 17 © Rock Purslane Groundcover Ceanothus griseus horizontalis'Yankee Point' 2'-3' Tall 1 gal. 22 ; .. Ajuga mptans'Catlin's Giant' Yankee Point Ceanothus - Catlin's Giant Carpet Bugle Edge— karvinskianus 1 gal. 15 Armeria maritima Santa Barbara Daisy DTL + . ^ Thrift Sea Pink © LavanduIs Munstead' 1 gal. 13 - - Dymondia margaratae Munstead Lavender . Dymondia O0 Olea eumpaea'Litt,e 011ie' 5 gal. 7 Dianella revoluta'LitOe Rev' Dwarf Fruitless Olive ® Little Rev Flax Lily I R V I N E A V E N U E Max Growth Characteristic Size 1' Tall 5 gal. 5 gal. 5 gal. 2'-3' Tall 2' Tall 2' Tall 5 gal. 5 gal. 1 gal. 1 gal. 5 gal. 1 gal. QTY 52 Groundcover(cont) Penniseteum alopecumides'Little Bunny' 12 . . . Little Bunny Fountain Grass Erodium michardii'Alba' 40 White Alpine Geranium Vines 41 Trechelospermum jasminoides'Espalier Star Jasmine Espalier 8 160 149 5 gal. 6 24T.11 5 gal. 30 Max Growth Characteristic Size CITY 4" Flats 2 4" Flats 2 Dirt Flats 25 2' Tall 1 gal. 220 Max Growth Characteristic Sim QTY 5 gal. 36 Dirt Flats 2 Max Growth Characteristic Size QTY 5 gal. 7 Irrigation Notes a. Contractor to install Netafim in all planter beds per manufactures specifications b. Backflow preventer shall be installed per manufactures specification to prevent cross -contamination with potable water system c. Contractor to seek approval from Homeowner and/or Landscpe Designer prior to placement of irrigation valves, irrigation timer, and irrigation backflow device Planting Notes a. Contractor to verify plant placement with Homeowner and/or landscape designer prior to planting b. Contractor to finish all planter beds with E.B. Stone Microbark SCALE: 1/8"=V-0" Planting Plan GARDEN STUDIO 2)32 east coast highway. Saite a carona del mar, ca. 92625 949.673.5450 �1 0 Cz U Q � � w U o w^Nz ol Chelsea. Edmoaston tleape D rhese Plans are Conceptua and are explicitly not to be bid by any Contractor. details on these Conceptua Plans are not accurate. Date 05.24.2016 Revr Ston 610.2016 06.16.2016 07.27.2016 01. 042016 09.29.2016 Drawn By - Sheet L-2 2 Of 4 Job N' 0000 10-8 r I rv1Lw Mb J ]ter y Md Views of 2200 Cliff Drive from Irvine Avenue 10-10 Views of NEIGHBORING properties and staircases on public right-of-way - -_ - a- 2200 block of Cliff Drive (view from corner of Cliff Drive and Irvine Avenue) ATTACHMENT D Lauren & Daniel Friedman 2200 Cliff Drive Newport Beach, CA 92663 (949) 887-2830 October 18, 2016 Kathryne Cho, PE Civil Engineer City of Newport Beach / Public Works Department 100 Civic Center Drive, Bay 1C Newport Beach, CA 92660 Dear Ms. Cho: We write to request City Council approval of an Encroachment Agreement allowing us to rebuild and relocate the staircase and handrail that lead from the street up to our front door. Our home is located on the corner of Cliff Drive and Irvine Avenue, and our property is elevated several feet above street level. Our property line stops short of the street on both the Cliff Drive and Irvine Avenue sides, and the current staircase and handrail are located on city -owned property between our property line and Cliff Drive. We are hoping to rebuild the staircase and handrail in connection with a whole -house remodel. And because we are relocating our front door to the front of the house (the "front" door is currently on the side of the house), we would also like to relocate the staircase to the center of the property so that it aligns with the new front door. Currently, the staircase is on the left-hand side of the property and connects to the side walkway leading to the current "front" door. In addition to updating the aesthetic of the staircase to match the remodeled home's new cape cod style, we also believe the new staircase will present safety benefits. The current staircase is in need of repair, has irregular steps, and does not contain any built-in lighting. The staircase we are proposing, however, would contain regularly -spaced steps and would be lit. Without a staircase, we (and our guests) would have no safe access to Cliff Drive. Instead, the only way to access the property would be through the back alley. Additionally, because the other homes on the block all have staircases connecting the home to the street, we believe the staircase would maintain the unified aesthetic of the entire block. Should you have any questions, please feel free to contact us. Very Truly Yours, Lauren and Daniel Friedman 10-12 ATTACHMENT E We PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of- way - Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right-of-way, or exceed 3 feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy Lr2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L-$. 4. Ocean front alley end improvements not conforming to Council Policy I.A. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. S. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick installed at grade and grouted. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. 1 10-13 ATTACHMENT E B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy L-2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (subject to General Services Department review for tree well Iocation). 5. CATV and public utility facilities. b. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 10-14 ATTACHMENT E L-6 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. In the commercial areas there shall be at least 4 feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non-standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height, including, but not limited to fences, walls, and raised planters in public rights-of-way in areas that are more than S feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2"-6" of the back of existing sidewalk, planted with ground cover and shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2'-6" from back of sidewalk. L For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 10-15 ATTACHMENT E L-6 back of sidewalk, not exceed 2'-6" in height above the patio, have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. L Raised Patios are permitted provided they have a maximum height of 2'-6" above sidewalk grade, are set back a minimum of 2'-6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of 2'-6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. 4 10-16 ATTACHMENT E M F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the General Services Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 10-17