HomeMy WebLinkAbout10 - Private Improvements in ROW at 500 El Modena�EWPORr== CITY OF
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C'QCIFO M1N�P City Co uncH Stiff Report
Agenda Item No. 10
July 9, 2013
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
949-644-3014, kcho@newportbeachca.gov
APPROVED: Ate_
TITLE: Request to Install Private Improvements Within the Public Right -of -
Way at 500 EI Modena Avenue
ABSTRACT:
The property owners at 500 EI Modena Avenue request to install a white picket fence
with pilasters and gates within the EI Modena Avenue and Clay Street rights-of-way.
RECOMMENDATIONS:
1. Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way,
to allow a white picket fence with pilasters to encroach up to 7 feet into the EI
Modena Avenue and Clay Street rights-of-way, contingent upon all conditions of the
Encroachment Permit process being met.
2. Direct staff to revise the existing Encroachment Agreement (O.R. 2011000431826),
which currently allows for decorative pavers in the EI Modena Avenue right-of-way,
to include the new proposed improvements and authorize the City Manager and City
Clerk to execute the revised Encroachment Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The property is located on the northeasterly corner of EI Modena Avenue and Clay
Street, an intersection where EI Modena Avenue is stop controlled, but Clay Street is
not controlled. The property owners are requesting approval to install a white 36 -inch
tall picket fence with 42 -inch tall pilasters and gates encroaching up to 7 feet into the EI
I of 6
Request to Install Private Improvements Within the Public Right -of -Way at 500 EI
Modena Avenue
July 09, 2013
Page 2
Modena Avenue and Clay Street rights-of-way, to enclose the property's front yard.
Public Works and Municipal Operations staff worked with the applicants to develop a
plan that is beneficial for the property owner and satisfies staff concerns, specifically
tree maintenance and sight distance issues.
Currently, there are no sidewalks along the EI Modena Avenue and Clay Street rights-
of-way, and neither of these streets has been identified as a Significant Link Street in
the City's Circulation System (Resolution No. 88-88). The proposed design could
accommodate a future 5 -foot wide standard City sidewalk installed at the back of curb
without impacting the proposed private improvements.
Finally, the proposed picket fence, pilasters and gates do not diminish the rights of the
public, present and future. The property owner will need to enter into an Encroachment
Agreement with the City which would permit the City to terminate rights granted at any
time in the future and could require the removal of the picket fence, pilasters and gates.
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).
Submitted by.-
David
y:David A. Webb
Public Works Director
Attachments: A.
B.
C.
Vicinity Map
Proposed Plan
Project Site Photos
2 of
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ATTACHMENT A
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41
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ATTACHMENT A
PROPOSED PLAN - PLAN VIEW
Notes: All heights listed refer to top ol nearest curb as grade.
All material is 36 -inch high from grass level
Fence shall be at a 45 degree angle at the property line corner.
12' 6'-2"
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5'-10I
36" T
A PICK
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500 EL MODEINA
20" x 20"
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20" x 20"
EL MODENAAVENUE
ATTACHMENT B
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AMENDED VERSION OF
CONTRACT NO. C-6009
NEVER ENTERED INTO
7/9/2013 Council Meeting