HomeMy WebLinkAbout08/22/1994 Item #13August 25, 1994
CITY COUNCIL AGENDA
ITEM NO.___13___
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PARK
AVENUE RIGHT-OF-WAY ADJACENT TO 1 305 PARK AVENUE, BALBOA
ISLAND (EP -94-240)
OWNER: Anne Lemen
RECOMMENDATIONS:
Approve the application subject to:
a. Execution of an Encroachment Agreement for non-
standard improvements.
(1) Authorize the Mayor and City Clerk to execute
the Agreement;
(2) Authorize and direct the City Clerk to have the
agreement recorded with the Orange County
Recorder.
b. An Encroachment Permit from Public Works
Department.
DISCUSSION:
The owner of the property located at 1 305 Park Avenue on Balboa
Island has requested that she be permitted to retain an existing Arbor that
encroaches approximately 8" into the 6' wide parkway on Park Avenue.
The subject property is located on the southerly side of Park
Avenue between Marine Avenue and Onyx Avenue, the first residential
property westerly of the Marine Avenue business district. The existing
sidewalk on Park Avenue adjacent to the commercial area is 6' wide and
transitions to a 4' wide sidewalk along the frontage of the subject property.
The 4' wide sidewalk is typical for residential areas along Park Avenue.
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PARK
AVENUE RIGHT-OF-WAY ADJACENT TO 1 305 PARK AVENUE, BALBOA
ISLAND (EP -94-240)
August 8, 1994
Page 2
The Arbor sets back a little more than 5' from face of curb and is
similar in nature to other landscape encroachments in the area. Other
property owners have hedges and plantings that encroach to back of sidewalk
or 4' from face of curb. Attached are photographs for reference.
Council Policy L-6, "Private Encroachment in the Public Rights -of -
Way", requires the prior approval of City Council for private structural
improvements such as retaining walls, raised planters, stairs, etc., in public
easements or rights-of-way.
The encroachment agreement will allow the Arbor to remain
within the public right-of-way as approved by the Public Works Department.
The property owner will be responsible for maintenance of the
non-standard improvements and hold the City harmless of all liability
associated with the existence of the non-standard improvements.
An exhibit is attached for reference.
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Benjamin B. Nolan
Public Works Director
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Attachments
1305 PARK AVENUE
I,
NORTH ELEVATION
1305 Park Ave.
'20S W
203 202` -203t .202 Z 200-
201 .201 200- 201 W
PARK AVENUE
127 126 .T 20C- q27
`'127 924 CITY
1 124 -:- ....125 - 124
2s
22112
123. 122 .123 1122 123 - 122•
121 12Q - -121 120 121.T i_ E112.
.119 118:..117 v] 116 - 117 116 - . :.-t 17 at 117
5114 1.15 t14� 115 k& .121.. .173 .112' - -11.3 xtyo.t/z10 :111 � I110
.107' 1& 109 105
LOCATION MAP
ENCROACHING ARBOR
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PARK AVENUE It /'
ENCROACHING ARBOR
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WEST ELEVATION
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