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Home My WebLink About16 - Request to Install Private Improvements within the Public Right-of-Way at 3225 Ocean BoulevardCITY OF NEWPORT BEACH City Council Staff Report January 27, 2015 Agenda Item No. 16 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, ralmendralo @newportbeachca.gov TITLE: Request to Install Private Improvements within the Public Right -of -Way at 3225 Ocean Boulevard ABSTRACT: The property owners of 3225 Ocean Boulevard (Owners) request approval to install a concrete stairway with retaining walls with a maximum height of 3.5 -feet above stairway grade; a 24 -inch square, 48 -inch tall plastered concrete block mailbox; a 24 -inch wide V -ditch swale; 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 a concrete stairway with retaining walls with a maximum height of 3.5 -feet above stairway grade, a 24 -inch square, 48 -inch tall plastered concrete block mailbox, a 24 -inch wide V -ditch swale, 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 3225 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 a concrete stairway with retaining walls with a maximum height of 3.5 -feet above stairway grade, a 24 -inch square, 48 -inch tall plastered concrete block mailbox, a 24 -inch wide V -ditch swale, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard 16 -1 right -of -way. These private encroachments will encroach up to approximately 20 -feet into the Ocean Boulevard right -of -way. This portion of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 10 -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 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, Private Encroachments in Public Rights -of -Way 16 -2 t I, z f� ATTACHMENT A d Location Map CITY OF NEWPORT BEACH 3225 Ocean Blvd PUBLIC WORKS DEPARTMENT 01/27/2015 16 -3 ATTACHMENT B (SHEET 1 OF 3) SITE PLAN 1s -4 EVENSEN RESIDENCE n 3 N d 8 ' 3215 m o W M P A ssT 3225 OCEAN BLVD. AP #: 052-120-15 OCEAN BLVD. 1_NGROB/ UIiS� R s �s 0 ;\ AGHMFNT P.° x OR� Rt j�� WORD PUB TOP OF CURB C PROPER INE �R�I& / LIG I I I I HT �i n. �I/ Y (A 1 \ \B� SCVO �, c' _ 1� 5 IQI 1TI` I I' \ _ N YCHIN 1 �E� \ (/ 3 I 1 1 _ C NEW NATIVE as EXIST'& SIDEWALK 8 n N \F ROUOhITITOLERANT, WOODEN FENCE TO ° 9 �, `4 �riON �IINAS'IIVE� ss REMAIN �LAND5CAPIN6 1 ON 9 s I EXIST�&I SLOPE (TO \FS 24 "N CONCRETE BE MAINTAINED BY \ V -DITCH e SWALE �' s Ts i a A NEW CONCRETE STEPS �.ON GRADE, LANDINGS, 8 } \s TPLASTERED RETAIN'& \ I u 1 a hWALLS IN THE /SAME T OCEAN 5L V / LOC'N AS EXIST'& STAI Q� NEW +42" H,!CMU z p i 18' s PLASTERED WALL l �S MSR'D FROM TREADS, I WALL TO/ SLOPE W/ 43 2 J STAIRS/ u \ 85, �� NEW 24"X24 "X60 "H 7LA5TERED d MAILBOX scv SCVO c:) 8G8.05'�TIGN F 880 7B I x_66 AWN lY 1 , �� DN 33R J ME 1 s ®/"1.08" EA. B low PEA P A 6.83 14.50' T.WI ' � r++ le, O' N5 A- � I ` W �° Ts /(E) CITY LAWN n m D 6 EXI5T'& V 6i/ PROPERTY LINE PUBLIC BENCH �� D�6s� WOODEN WALK 65/ 75. RETIE I \ 3235 /' �'NC �PLASTE. ED RETAIN& I 8 � OCEAN BLVD < ?WALL( BRION JEANNETTE ARGHITEOTURE PROJECT:AKROTIRI 5GALE: I" = 10' -0" 4-70 OLD NEWPORT BLVD. N.5, CA 92663 949.645.5854 DRAWING: ENCROACHMENT PLAN DATE: 2015.01.15 SITE PLAN 1s -4 1 EVENSEN RES117ENCE 5225 OCEAN BLVD. PLAN CHECK #14415 -2014 Om O u 111 O lu .. d� 55.05' TN 54.0'N& CITY OF N.B. HT. LIMIT TOP OF GURB = 55.22' �p 86.32' FS SIDE ALK 1 m 84.55 a W 6� z oa nz N N0 / 1 w 1V�1 N - ((� z W 78.02' TN W 75.0' NG u z �o / 0 m i NATURAL GRADE 74.52' FS w ww �n V 6 Q� a d `? m wz �o H y zm ATTACHMENT B (SHEET 2 OF 3) Q SITE PLAN w W SITE SECTION Z zo Oo 5GALE: 1/4" = I' - O" 0 a 1 �DIANT TION. LC I TABLE TYP. i o 0 ENCROACHMENT PERMIT FOR WORK IN PUBLIC R.O.W. TO BE APPROVED BY G I TY COUNCIL 81.0' N6 CITY OF N.B. HT. LIMIT TOP OF CURB @ 88.22' SITE SECTION B • • EVENSEN RES117ENCE 3225 OCEAN BLVD. PLAN CHECK #14415 -2014 v o ..m o ui d� c 87.gq' FL ®GEAN 0 lu z om �z �o z Wu N U W W m ui uz ATTACHMENT B (SHEET 3 OF 3) SITE PLAN SCALE: 1/4" = 1'- O" w ww �--m � n V 6 �Q d `? W 2 V--o H y zm w z Z 0 Oo V o 0� a 16 -6 CITY m ;;° � SIDEWALK m 8455' FS UPPER LEVEL — — — — — — — — — T.O.PLT. +42'' GUARD 7x.50' TW I 76.0' NG 0 I a � ° UPPER LEVEL — — — — — — — — — T.O.S = 77.0' LINE OF NATURAL V—z-, GRADE MIDDLE LEVEL ------ as i — — — ------ T.O.SHT'G = 67.0' SITE SECTION B • • EVENSEN RES117ENCE 3225 OCEAN BLVD. PLAN CHECK #14415 -2014 v o ..m o ui d� c 87.gq' FL ®GEAN 0 lu z om �z �o z Wu N U W W m ui uz ATTACHMENT B (SHEET 3 OF 3) SITE PLAN SCALE: 1/4" = 1'- O" w ww �--m � n V 6 �Q d `? W 2 V--o H y zm w z Z 0 Oo V o 0� a 16 -6 ATTACHMENT C Brion Jeannette December 23, 2014 Rodi Almendralo City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Request for an Encroachment Permit Architecture Akrotiri ( Evensen Residence) 3225 Ocean Blvd., Corona del Mar, CA (P /C 1495 -2014) Dear Rodi, Mr. Chris Evensen, has hired our firm, Brion Jeannette Architecture, to design a new single family residence at 3225 Ocean Boulevard. The project has been previously reviewed and approved by the Planning Commission for a variance (VA2012 -003/ PA2012 -089) to allow the construction of the Lower Level to encroach 10 feet into the required 10 foot front yard setback subject to conditions of approval. To satisfy Condition #37 and in response to Public Works Plan Check Correction #2, we would like to respectfully request an encroachment permit for the installation of minor site improvements in the City's public right of way between the northern property line and the City's sidewalk adjacent to Ocean Boulevard. These site improvements include the following: 1. Reconstruction of concrete steps -on- grade, landings, and concrete or CMU plastered retaining walls in the same location as the existing stairs. The height of the retaining wall ranges from 3'- 6" high to 12' -6" at the lower landing. This stair will be used as the main access to the house and the installation of the retaining walls will require temporary shoring during construction. 2. Installation of an above ground CMU plastered mailbox that is 24 "Wx 24 "D x 60" H. 3. Installation of a 24" wide concrete v -ditch swale behind the top of the property retaining wall. The v -ditch swale shall be connected to the project's on -site storm drain system to convey the storm water to the lower portion of the property away from the bluff. 4. Installation of new landscaping and temporary irrigation system per California Coastal Commission's requirement on the City slope in front of the site between the property retaining wall and the City's sidewalk adjacent to Ocean Boulevard. Landscaping shall be native, drought tolerant and non - invasive plantings as required by California Coastal Commission. All site improvements with the exception of the mailbox (designed to meet U.S. Postal Service requirement) will be below the curb height limit and will not obstruct any public's ocean view. Additionally, the above elements should make the city property more aesthetically pleasing for the owner, neighbors, and those using the public right of way. Finally, the property owner has agreed to 470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com 16-7 Energy Conscious Design maintain the new landscaping in a manner consistent with city standards. No tree or landscape element shall exceed the height of the curb on Ocean Boulevard. Attached, please find an Encroachment Plan of the proposed site improvements in the City's public right of way. Should you have any questions, please feel free to reach me at (949)645 -5854 Ext. 214. Thank you for your attention on this project. Sincerely, Wun Sze Li Job Captain End: Encroachment Plan 470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com 16 -8 Energy Conscious Design 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 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 16 -9 L-6 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 16 -10 U6 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 3 16 -11 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 4' in 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 16 -12 W. 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 0 16 -13