HomeMy WebLinkAbout10 - Request to Retain Existing Private Improvements within the Public Rights-of-Way at 2042 Miramar DriveCITY OF
y NEWPORT BEACH
City Council Staff Report
March 10, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: Kathryne Cho, Civil Engineer
PHONE: (949) 644 -3014
TITLE: Request to Retain Existing Private Improvements within the Public Rights -of -Way at
2042 Miramar Drive
ABSTRACT:
The owners of the property located at 2042 Miramar Drive (Owners) request to retain the existing brick
walls with pilasters in excess of 3 -feet in height, encroaching into the Miramar Drive and M Street rights -of-
way.
RECOMMENDATION:
a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to
retain the existing brick wall with pilasters in excess of 3 -feet in height, that encroach up to 1 -foot into the
Miramar Drive and M Street rights -of -way, contingent upon all conditions of the Encroachment Permit
process being met; and
b) Direct staff to enter into an Encroachment Agreement with 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:
Owners are requesting a waiver from City Council Policy L -6, Private Encroachments in the Public Rights -
of -Way, to retain the existing brick walls with pilasters in excess of 3 -feet in height located within the
Miramar Drive and M Street public rights -of -way. City Council Policy L -6 prohibits structural
encroachments, including walls in excess of 3 -feet in height within the public right -of -way (Attachment D).
10 -1
The property is located at the corner of Miramar Drive and M Street on Peninsula Point and currently has a
brick wall with pilasters, of varying heights, that wraps around the property. The property line is 1 -foot from
the back of the sidewalk as shown on the project plan (Attachment B). A section of the brick wall is 2 -feet
1 -inch in height and encroaches up to 1 -foot into the Miramar Drive and M Street rights -of -way. While this
portion falls within the parameters of Council Policy L -6, there are three pilasters that exceed the height
limit. One pilaster located at the Southwesterly property corner is 3 -feet 10- inches and two pilasters
adjacent to the entry walk are 3 -feet 1 -inch in height. The other section of the existing brick wall with
pilasters is 6 -feet 2- inches in height and encroaches up to 6 inches into the M Street right -of -way.
As part of the redevelopment of the property, the existing brick walls and pilasters were designated to be
removed. However, the property owners are now requesting to retain said brick walls and pilasters. There
was a step in the previous brick wall along M Street which has now been removed and a walkway that has
now been closed off. All work within the public rights -of -way was done without the benefit of an
Encroachment Permit. Additionally, the owners are requesting to install a decorative landing at the entry
walk on Miramar Drive, which is consistent with City Council Policy L -6. After much review and discussion,
staff recommends approval of this permit as this request is similar and consistent with another project at
2100 Miramar Drive that was approved by City Council in 1986 (Attachment E).
The existing private improvements will not diminish the rights of the public - present or future. The property
owner will need to obtain an Encroachment Permit and 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 existing brick walls and pilasters.
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 - Proiect Plan
Attachment C - Project Photos
Attachment D - Council Policy L -6
Attachment E - 2100 Miramar Drive Encroachment Agreement
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2042 MIRAMAR DRIVE PUBLIC WORKS DEPARTMENT
LOCATION MAP N2015 -0074 MARCH 10, 2015
10 -3
ATTACHMENT B
10 -4
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10 -4
ATTACHMENT C
PROJECT PHOTOS
BEFORE
10 -5
ATTACHMENT C
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AFTER
10 -6
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 /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.
B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and Municipal
Operations Department approval.
1
10 -7
L -6
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.
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.
2
M.
110
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
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,
3
10 -9
110
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.
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.
2
10 -10
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 - 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
Amended - January 27, 2015
5
10 -11
TO: CITY COUNCIL
FROM: Public Works Department
BY TnE Ciil' COUNCIL
CITY OF NEWPORT BEACH
NOV 10 1996
APPROVED
ATTACHMENT E
November 10, 1986
CITY COUNCIL AGENDA
ITEM NO. J -2
SUBJECT: APPLICATION TO CONSTRUCT A 6 -FOOT -HIGH BRICK WALL IN THE PUBLIC
RIGHT -OF -WAY AT 2100 MIRAMAR DRIVE
RECOMMENDATION:
Approve or deny the request.
DISCUSSION:
The applicant, Peggy La Grandeur,has requested permission to construct
a six - foot -high brick wall encroaching one foot into the public right -of -way along
the easterly side of "M" Street between Miramar Drive and the alley.
A letter from the applicant and a drawing showing the location and the
limits of the six - foot -high wall are attached. A portion of the wall, as shown,
will be three feet high, encroaching one foot and thus not requiring Council
approval.
Council Policy L -6, "Private Encroachments in Public Rights -of -Way"
provides that the prior approval of the City Council and a permit from the
Public Works Department are required for any structural encroachment which
encroaches in excess of one foot into the public right -of -way, or exceeds three
feet in height, measured form the top of the curb.
The applicant's property is located on the Balboa Peninsula Point on
the northeast corner of "M" Street and Miramar Drive with Miramar being a one -
way street going from west to east. There are a number of similar walls in the
area; with some of the existing walls being located on private property, and
some located in the one -foot strip of street right -of -way between the back of
s' walk and the propeerrtyylline.
Senj min B. Nolan
Public Works Director
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Attachment
10 -12
ATTACHMENT E
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ATTACHMENT E
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMVNT!- PERMIT No..EP 2.5 -(�
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Please make, a sketch of your immediate vicinity showing all dimensions and
location of trees, light standards, fire hydrants, parking meters or other
obstructions existing on parkway, which might concern thin application.
Work shall be done,according to city specifications and is subject to city
inspection.
S ekn to De drawn in uuplicate.
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