HomeMy WebLinkAbout11 - Private Improvements at 3725 Ocean BlvdCITY OF
F NEWPORT REACH
City Council Staff Report
November 12, 2014
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Rodi Almendralo, Civil Engineer
PHONE: (949) 644 -3334
TITLE: Request to Install Private Improvements within the Public Right -of -Way at 3725
Ocean Boulevard
ABSTRACT:
The property owners of 3725 Ocean Boulevard (Owners) request approval to install an entry walkway with
stairs, garden walls and pilasters not exceeding 36- inches in height, a retaining wall to support the existing
grade of a neighboring property, private landscaping and irrigation improvements and appurtenances
within the Ocean Boulevard right -of -way.
RECOMMENDATION:
a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow an entry
walkway with stairs, garden walls, and pilasters not exceeding 36- inches in height, a retaining wall to
support the existing grade of a neighboring property, private landscaping and irrigation improvements and
appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right -of -way, contingent upon
all conditions of the Encroachment Permit process being met; and
b) Direct staff to enter into an Encroachment Agreement with the 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:
As part of the redevelopment of the property located at 3725 Ocean Boulevard in Corona del Mar, the
Owners are requesting a waiver from City Council Policy L -6, Private Encroachments in Public Rights -of-
Way, in order to install an entry walkway with stairs, garden walls and pilasters not exceeding 36- inches in
height, a retaining wall to support the existing grade of a neighboring property, private landscaping and
irrigation improvements and appurtenances within the Ocean Boulevard right -of -way. These private
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encroachments will encroach up to approximately 40 -feet into the Ocean Boulevard right -of -way. The
Ocean Boulevard right -of -way is approximately 98 -feet wide which is unusually wide. This portion of
Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change
of approximately 7 -feet between the back of the existing sidewalk on Ocean Boulevard and the property
line. Adjacent neighbors have similar private encroachments within the Ocean Boulevard right -of -way that
are permitted through an encroachment permit and agreement.
City Council Policy L -6, Section A, prohibits structural encroachments including fences, walls, patios,
raised planters, etc., which encroach in excess of 1 -foot into the public right -of -way.
Currently, there are existing sidewalks on Ocean Boulevard and there are no City -owned utilities that will
be impacted by the proposed private encroachments. These proposed private improvements will not
diminish the rights of the public, present and future.
Should the City Council elect to approve the installation of the said private improvements and
appurtenances, staff recommends that the City council require the property owner to enter into an
encroachment agreement with the City.
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:
Description
Attachment A - Location Mao
Attachment B - Site Plan
Attachment C - Letter from Property Owner
Attachment D - Council Policy L -6
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ATTACHMENT C
City of Newport Beach
Attn: Rodi Almendralo, Civil Engineer, Public Works Department
RE: Plan Check # 3028 -2013
Mr. Almendralo,
I am requesting to have improvements In the City of Newport Beach Right -of -Way Easement. They
include the following:
1. Relocation of existing driveway to south side of property
2. Garden walls and pilasters at 36" above finish grade
3. A retaining wall on my north property line to support the existing grade on my north
adjacent property owner
Thank you for your immediate response.
Desmond Fischer
Property Owner of 3725 Ocean Blvd C.D.M.
q'/aau.l_"H-
bate
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ATTACHMENT D
L -6
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 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.
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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 Lr2.
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 encroachment is
such that Council review is warranted, the Department may forward the
item to the Council for action.
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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 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.
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
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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
Tin 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 T -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.
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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
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