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Home My WebLink About09 - Request to Retain Private Improvements within the Ocean Boulevard Public Right-of-Way at 3415 and 3425 Ocean BoulevardCTY OF F NEWPORT BEACH City Council Staff Report February 24, 2015 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer PHONE: (949) 644 -3349 TITLE: Request to Retain Private Improvements within the Ocean Boulevard Public Right - of -Way at 3415 and 3425 Ocean Boulevard ABSTRACT: The property owners of 3415 and 3425 Ocean Boulevard (Owners) request approval to retain an existing stacked stone wall with a maximum height of 2.5 feet within the Ocean Boulevard right -of -way. RECOMMENDATION: a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to retain an existing stacked stone wall with a maximum height of 3 -feet that encroaches 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: The Owners of 3415 and 3425 Ocean Boulevard are requesting a waiver from City Council Policy L -6, Private Encroachments in Public Rights -of -Way, in order to retain an existing stacked stone wall with a maximum height of 3 -feet within the Ocean Boulevard right -of -way. The existing stacked stone wall encroaches up to 13.5 -feet into the Ocean Boulevard right -of -way. The Ocean Boulevard right -of -way is approximately 110 -feet wide at this location. This portion of the right -of -way of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 20 -feet between the back of the existing sidewalk on Ocean Boulevard and the private property line. The existing wall is located adjacent to an existing common driveway shared by 3329 through 3431 Ocean Boulevard. Adjacent neighbors have similar private encroachments within the Ocean Boulevard right -of -way that are ZIN 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 would 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 retention 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 - Plans Attachment C - Letters from Property Owners Attachment D - Site Photos Attachment E - Council Policy L -6 9 -2 .. J . 1AV 1` y� o: tam , 1W ►4 ~7 Cwma Dal Nor &tab .f Balkh r" •r ,t ATTACHMENT A X } i O p v ,yP . , � / �• 6 qr � Iru.kYltM�� L icinl 3415 & 3425 Ocean Blvd CITY OF NEWPORT BEACH Location Map PUBLIC WORKS DEPARTMENT 02/24/2015 9 -3 PER 0TH \DRIVEWAY IMPROVE 20N 4S 0530 APPROVED PLAN/ / EXISTING CATCH BASIN- I I I� EXISTING PRIVATE DRIVEWAY I EXISTING PL I. J� II I PREPARED BY: �ql Ili FUSC®E F X 6 1 W F F X I X 6 16795 Von Karma, Salle 100 Irvine, Ca6fomlo 90606 lei 949.474.1960 1 fa +949.474.5315 — fascoe.mm PL OF AC (TO BE �-\ N EXISTING WALL EXHIBIT N2015 -0025 3415 OCEAN BLVD. CORONA DEL MAR EDGE \1 VD EXISTING PL DRAWN: JC CHECKED: CW DATE: 0210312015 SCALE: 1 " =10' JOB NO.: 842.01 SHEET Al J n n PREPARED BY: �ql 1�1I�II= FUSC®E F X 6 1 W F F X I X 6 16)95 Von Karma, SoBe 100 Irvine, Co6fomlo 90606 lei 949.474.1960 ^ fo, 949.4)4.5315 — J.scoe.com EXISTING WALL N2015 -0025 3425 OCEAN BLVD. CORONA DEL MAR DRAWN: JC CHECKED: CW DATE: 02/0"2015 JOB NO.: 842.01 SHEET B1 n 9 ATTACHMENT C To: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 FROM: Doug and Jan Circle RE: Ocean Boulevard Retaining Wall 3415 Ocean Blvd., CDM We, the owners of the above referenced property, request the City of Newport Beach approve a 2.33 foot existing stacked concrete retaining wall as submitted via an encroachment permit. We understand we will be responsible for the costs of repair and maintenance of the 2.33 foot retaining wall. Enclosed is our check in the amount of $900.00 to cover the encroachment permit fee. Sincerely, /00 B: Doug and Jan Circle 3415 Ocean Blvd. Corona Del Mar, CA 92625 Dated: 1 iy- %�- C. To: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 From: Pierre and Lula Andre, 3425 Ocean Blvd., CDM RE: Ocean Boulevard Retaining Wall 3425 Ocean Blvd.; CDM We, the owners of the above referenced property, request the City of Newport Beach approve a 2.33 foot existing stacked concrete retaining wall as submitted via an encroachment permit. We understand we will be responsible for the costs of repair and maintenance of the 2.33 foot retaining wall. Enclosed is our check in the amount of $900.00 to cover the encroachment permit fee. Sincerely, Dated: 3425 Ocean Blvd. Corona Del Mar, CA 92625 /- /I/ -15 I Pct Q r z ATTACHMENT D mi ATTACHMENT E 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 /pavers installed at grade. 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 M L -6 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operations 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 L -2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone /brick) installed at grade (subject to Municipal Operations 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 i 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 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. 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. 10. Artificial Turf up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufactures recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf - Material and Installation Standards. 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 measured from the top of curb elevation /or from sidewalk elevation where sidewalk exists, 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 3 9 -11 larl 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. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 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. i. Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of 2' -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. 4. Non - standard encroachments, including, but not limited to fences, walls, and raised planters within City easements. 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. 4 9 -12 larl 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 California Building Code or California Residential Code under a valid building permit issued by the City. 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 Municipal Operations 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 - August 14,1989 Amended - February 14,1972 Amended - November 27,1989 Amended - August 11, 1975 Amended - December 9,1991 Amended - February 9,1981 Amended - December 14,1992 Amended - November 23,1981 Amended - July 12,1993 Amended - October 27,1986 Amended - January 24,1994 Amended - January 26,1987 Amended - May 9,1994 Amended - July 13,1987 Amended - February 27,1995 Amended - February 13,1989 Amended - February 26,1996 5 9 -13 Iffl Amended - May 8, 2001 Amended - January 27, 2015