HomeMy WebLinkAbout19 - Via Oporto ROW Private ImprovementsCITY OF
F NEWPORT REACH
City Council Staff Report
November 25, 2014
Agenda Item No. 19
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 New Private Improvements within the Via Oporto Public Right -of-
Way in Lido Marina Village
ABSTRACT:
The owners of Lido Marina Village (Owners) request approval to install recessed planters, raised planters
not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks, bike racks, private
landscaping and irrigation improvements and appurtenances within the Via Oporto public right -of -way.
RECOMMENDATION:
a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow recessed
planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks,
bike racks, private landscaping and irrigation improvements and appurtenances that encroach in excess of
1 -foot into the Via Oporto public 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:
The design concept for Lido Marina Village was presented at the City Council Study Session on January
14, 2014 and at the Planning Commission Study Session on February 6, 2014. At that time, staff identified
that most of the approvals will be at the staff level with the exception of the private improvements within
the public right -of -way, the harbor side improvement (boat slips and boardwalk) and the Conditional Use
Permit (CUP) for the reduction of on -site parking requirements.
The harbor side improvements are currently being designed and will require approval from the Harbor
Commission. The CUP for the reduction of on -site parking requirements will be reviewed by the Planning
Commission on December 4, 2014. This action before you, if approved, would allow the private
improvements within the public right -of -way to be constructed per the new Lido Marina Village Concept
plan seen by the Council and public at the January 14, 2014 meeting.
The Owners of Lido Marina Village are currently renovating the buildings and parking structure in the
center. As a part of the renovation, the Owners are requesting a waiver from City Council Policy L -6,
Private Encroachments in Public Rights -of -Way, in order to install new private improvements in the Via
Oporto public right -of -way between Via Lido and Central Avenue. The proposed improvements include
recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian
crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances. These
private encroachments will encroach into the entire 48 -foot wide Via Oporto right -of -way.
In August 1973, the former owner of Lido Marina Village entered into an agreement with the City to install
private improvements within the Via Oporto right -of -way. Those improvements included brick paving street
and sidewalk surfacing, raised landscaped planters, a fountain, decorative street lights, private
landscaping and irrigation improvements and appurtenances. As a part of the proposed Via Oporto
improvement work, the raised planter in the middle of Via Oporto at the alley will be removed, the brick
paving street and sidewalk surfacing will be repaired and the decorative street lights will be replaced.
The Owners are also proposing to install diagonal metered parking and private landscaping and irrigation
improvements on Central Avenue.
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. In order for these
desired improvements to be allowed, Council will need to waive portions of Council Policy L -6 and the
applicant will need to enter into the necessary Encroachment Agreement with the City.
Currently, there are City -owned utilities on Via Oporto but they will not 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 proposed private improvements and
appurtenances, staff recommends that the City Council require the property owner to enter into a new
encroachment agreement with the City to include all private improvements on Via Oporto.
ENVIRONMENTAL REVIEW:
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 - Via Ooorto Improvement Plans
Attachment C - Via Oporto Improvement Renderings
Attachment D - 1973 Agreement and Declaration of Covenants Between Landowners
Attachment E - City Council Policy L -6
19 -2
ATTACHMENT A
19 -3
m
Z
W
7-
Q
II 3Qtli VNR OOII
awn u.� u.e l-dl �•: +....,.e °:.
EnN3AV Itl IN3Q 8 QMQ
i b
IN y a
i 9p p 09 S O F
ej a$a s,: 5x @ea�s @ @etxs
4i a1B R
a €� +jxx yep �Sg- a €gg"
z° � � e@i �6ki'd "x"p `�'':'@ x.¢ es� �9�Aaa� � x veil; to M
��g@ ii R 8 S aer gz �" � "e� mgp��
F gg BB 5 gg
E x€ R° $W 34 3Ee 2 i §t a
ggpm �f6ap99$0ae
3 6 YggF� �'F� 9 j� Se GxYj F pp3'9 �O 1oil g
A$:i$1 Off Q§§ $ "sAaes�9 $x €�.�"u @ a@ @ .34A98$a..i
000 0 0 0 00 0 O 0 0000 0000 ®00O ®O ®�
i r
its
a
A _^
a e Sk
=6
3 tli ¢a
j � R qa
6 s. 1 H
W = ° R1 n g 8 4
'i �$ I
all
a l p@ I s= l s s sa D 0 2)
000000 CJ00 o n 0@0
L 133HS 33S 3NnHoivn
k
R tt
I V
q I gy
wr, r
I(rI`L�
E 5ia Q
a
Q ii M
0
i
pp �F�W
EEyai�q ���p,�E
€� 2
0 000 ®0 ® ® ®®
f
EI
tromp oan
a
� g pe s a eke
zu£
�a
�� dap qsq pill
e�
aN
e
a
a
w�
`xR
r
�R d=
i
��y see
_a
8 a
AI a r
m
I3'JtlT11�0011
m
A3Ttl H11M W I1 tlIA 8 O1LOd0 tlIA
No
p E -� 96 1 csvP - $ a .yya s 2
4b �
s 8 €�g�Ygd
�� ° 9 FV:$Sa�k "ss & "s 6�5�i °s �'$s €A�Ed�u�s����� z e����24a9f
000 0 0 0 00 0 0 O (E) 0 0 0 O
e o —a.: bs iunuumi m /
J
n
k
Ar
.a
•— � 3II
e .s
:xlg
_s
r
F °
2i
v
P G
Gg
a
HR
,b
_s
r
eawm _ I
3'JtlT110011zvus z = •v
•—• � „umv.vve-mmmns.v a lldl I ""' _ B
S11tl134 tlNR1tlW 3zJtllllA OOII
oil
@m g
-r yJIJ U[UIJU d� 5�
jg
f g &l
go It
x
a
��s r
mew
3 Cv T. ✓E g y(
2 C 3�$9
�{ a15 W b6
�. g8Y3 S1
Y qq Hq ii
d� £
Cpi
3 1 Noll
\I I q
99 pa 11111 EI 'a} 4 "i 4 x
Rap
gg
gg$ -k' I
_0F siil
r` wI _ 1
d,
a
r
11
11 11 I
I
I l
11 9W 11 1
11
11
11 u 11 1
�
11
11 11 1
11
11 11 I
1
11
11 11 1
tl
II 11 1
—li
I
1;
11 11 1
5
11
1
1
11'
11 11 I
I
I l
11 F 11 1
J� I
11 �E
11
"
11 ;II 1
HI
11
11 11 1
r
3JtlT11
evwm _ I m
I - us • " °° 0011svus
•—• � „umv.vve-mmmns,.ve l�dl I ""' - B
SlMUO3 ON3H3j3H IM13311HOW •'� m
3
�b
ysq 4
2P �
8 „ro -,ro
pxpx
C
�e J
All W, �;K3
off
AW 5
1 Iry
K Fb »
l
�g@
Vol of
MER
e 3 £ Y- m
p N S
�s a ON,
Mill. A
¢z
¢ �e
p 8k 4 ..9-.L
low
ME � La<gg6
i$ X0'111 0 1 a �e 'PIP
ILL! \ ..9 6
sF�gg
�gg
I
M
LL
O
U
H
z
W
5
U
Q
H
Q
Y
T
J
in.�,
o
I
co
LL
O
N
U
z
w
2
U
Q
H
Q
O
O
a
O
Q
CD
z
ry
w
0
z
w
ry
0
d,
U �1
qu 40
a
ire.
u
Q
2�a
J
Q
Z
Q
O
O
0
0
d
0
Q
C7
Z_
W
0
Z
W
I
b
Z
W
2
U
Q
a•�
qu 40
a
ire.
u
Q
2�a
J
Q
Z
Q
O
O
0
0
d
0
Q
C7
Z_
W
0
Z
W
I
b
ATTACHMENT D
RESOLUTION NO. 8075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT
• BEACH AND DONALD M. KOLL FOR THE MAINTENANCE
OF CERTAIN CITY STREETS LOCATED IN LIDO VILLAGE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Donald M. Koll for the maintenance
of certain city streets in the Lido Village area; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interest of the City.
NOW, THEREFORE, DE IT RESOLVED that said agreement for
the maintenance of certain city streets in the Lido Village area
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 27th day of August , 1973.
ATTEST.
City Clerk
• IED AS TH& OR AL DON: sh
__...eC4Gyso�
8/21/73
b�CnV CLMK OF IHE CnV OF NEWF i BFACa
DAM _ AUG 2 9 1973
19 -12
ATTACHMENT
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 Lr2.
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.
1
19 -13
U6
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.
2
19 -14
L-6
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 Iength 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.
i. 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
19 -15
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.
4
19 -16
110
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
5
19 -17