HomeMy WebLinkAboutF-20 - Cancallation of Encroachment Permit No. 88-56November 14, 1988
CITY COUNCIL AGENDA
ITEM NO. F-20
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: CANCELLATION OF ENCROACHMENT PERMIT NO. 88-56
LOCATION: Lot 18, Block 21, Newport Beach tract, located at 107 21st Place, on
the northwesterly side of 21st Place, between West Ocean Front and
McFadden Place, adjacent to McFadden Square.
DEVELOPER: Sidney L. Soffer, Costa Mesa
RECOMMENDATIONS:
1. Make the following finding:
It is the best interest of the public to have the front entry door
that swings 36 inches into the 21st Place public right-of-way
modified by the owners so that the door no longer opens into the
right -of -way.
2. Revoke Encroachment Permit No. 88-56 and require that the
applicant remove the encroachments into the 21st Place public
r ght -of -way.
DISCUSSION:
The City Council approved an Encroachment Agreement and accompanying
Encroachment Permit with Sidney L. Soffer in March, 1988, to allow the front
entry door for the Blue Beet Restaurant to open out on the 21st Place
right-of-way to protect the public from the outward swinging door.
The agreement was executed by the City and the applicant August 3,
1988, but the conditions of the Encroachment Agreement have not been fulfilled
by the applicant Mr. Soffer.
Mr. Soffer has not placed the bench on 21st Place.
Clause 3a of the Encroachment Agreement in part provides ...except that
one or both of the non-standard improvements shall be removed from the
right-of-way if any of the following occurs:
1. The City Council determines that it is in the best interests of
the public to have one or both of the non-standard improvements
removed from the right-of-way;...."
Subject: Cancellation of Encroachment Permit No. 88-56
November 14, 1988
Page 2
Without the required bench in place to force pedestrians to walk at
least three feet from the wall, there is the potential of the encroaching door
opening into the right-of-way and striking and unsuspecting pedestrian. It is
recommended that in accordance with the conditions of agreement that the City
Council determine that it is in the best interest of the public to have the door
MODIFIED by the OWNER so that it does not open into and block part of the public
right-of-way.
Attached is a sketch showing the encroachment and required bench.
Benjamin B. Nolan
Public Works Director
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Attachment
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