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Home My WebLink About30 - 1001 Mariners DriveCITY OF Q 2E�+/POQT NE _,PRT BEACH. y r r onN'P City Council Staff Report Agenda Item No. 30 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 - 3311, dawebb @newportbeachca.gov PREPARED BY: Kathryne Cho, Junior Civil Engineer APPROVED: � Q K-� ^1 TITLE: Request to Construct Non - Standard Private Improvements within the Public Right -of -Way at 1001 Mariners Drive ABSTRACT: The Cherry Family Trust, owner of the property at 1001 Mariners Drive, requests to construct non - standard private improvements within an existing storm drain easement, including a vinyl fence and appurtenances with a height up to six feet and a planter wall with varying height up to 36 inches, encroaching six feet into said easement. RECOMMENDATIONS: 1. Waive Council Policy L -6, "Private Encroachments in the Public Rights -of- Way," to allow a six -foot tall vinyl fence and appurtenances and planter walls of varying height up to 36 inches to encroach in excess of one foot into the existing storm drain easement, contingent upon all conditions of the Encroachment Permit process being met. 2. Direct staff to enter into an Encroachment Agreement with The Cherry Family Trust and authorize the City Manager and City Clerk to execute the Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Cherry Family Trust requests permission to replace an existing wrought iron fence with a six -foot tall vinyl fence with posts and appurtenances which runs within the existing six -foot wide storm drain easement and encroaches six feet into said easement. Request to Construct Non - Standard Private Improvements within the Public Right -of- Way at 1001 Mariners Drive November 27, 2012 Page 2 Additionally, there are existing planter walls with varying heights up to 36 inches which cross the six -foot wide easement. These private'improvements violate Council Policy L- 6, Section A, Item 1 which prohibits private improvements that encroach in excess of one foot into the public right -of -way, or in this case, a City easement. The property owner is asking the City Council for a variance to Council Policy L -6 under Section G. Approval of this variance will not impact access to the storm drain as vinyl panels may be removed, if necessary, for maintenance or repair. In addition, the City has the right to terminate the agreement at any time. 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). Public Works Director /City Engineer Attachments: A. Location Map B. Project Plan C. Council Policy L -6, Private Encroachments in the Public Rights -of- Way D. Encroachment Area Photos z 0— O U O t2 m 03 Y (n m Q U m N r 00 CL r ¢O d/ O� GPIA %Y 3 0 ao 00 �Nbg J� O� °pEpD Go�1�Do V= P y gEaf��N 0 3 N nLO z w oQ. 3 Ft w °rs ss s� 963 O�PNP�t, ysy� 3 aO "i ^o° DOVES pR yy. a0 H3 ^°p Attachment A 3 of 11 I I I_ 1 ' � y •� �!gg$I� gilk Rai 1AHHHIM kL� 119r4'�I' ^� ➢T'4.nv,v^O�I•pJ n+ns' R{ Ja:unnuvlmvamnvr n!rnnn surrvl .... `' 1 '„�. MOAT MJ'Nv'J 4W�N0'Ofjvl vrv,yRJINI 1d� ,`, 11k i Allp31 q 9MNO0 U W )ItIVN Lod IJ�I630 3dWJS0:M hl.. II rr�;1 n 11F— a all Is All iJ J� .' 1 4 i !Attachment B 4 1,6 PRIVATE ENCROACHMENTS LN 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 instillation of private improvements within the public rights -of- way. Categories of private encroachments and improvements are listed below, together with LIM peuuu nyununutt WE 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 L,2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L-8. 4. Ocean front alley end improvements not conforming to Council Policy L -8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. 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. Attachment C 1 5orn 5 L-6 B. Private encroachments requiring an encroachment permit and if applicable an encroaclunent agreement from the Public Works Department and General Services Department approval. 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 safely 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 encroaclunents requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy U2, 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 location). 5. CATV and public utility facilities. 6. 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 encroaclunent is such that Council review is warranted, the Department may forward the item to the Council for action. 2 Attachment C 6 orii L-6 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. I. 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 8 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. 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 Attachment C 7 of 11 L,6 back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility lluough 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. 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 tluee (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 Say 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. Attachment C 8 of 1,6 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. Plwi 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 Attachment C 9 of 11 ncroachment Area Photos Attachment D 10 of 11 10 11 of 11 11