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Home My WebLink About13 - Request to Construct Private Improvements within the Public Right-of-Way at 1717 Bayadere TerraceCTY OF F NEWPORT BEACH City Council Staff Report April 14, 2015 Agenda Item No. 13 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 Construct Private Improvements within the Public Right -of -Way at 1717 Bayadere Terrace ABSTRACT: The owners of the property located at 1717 Bayadere Terrace (Owners) request to construct wooden steps and plant private trees, encroaching in excess of 1 foot into the Bayside Drive public right -of -way. RECOMMENDATION: a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to construct wooden steps and plant private trees which encroach in excess of 1 foot into the Bayside Drive 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 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 project property has dual frontage with the main access taken off of Bayadere Terrace and a backyard that slopes downward toward Bayside Drive. This property configuration is typical for most of the homes along Bayadere Terrace and Dolphin Terrace. Owners are requesting a waiver from City Council Policy L -6, Private Encroachments in the Public Rights - of -Way, to construct wooden steps on the slope adjacent to Bayside Drive. The wooden steps, with varying depths, will be constructed of railroad ties and decomposed granite and will encroach up to 17 -feet 6- inches into the Bayside Drive right -of -way. Said steps will enable Owners to access their landscaping on the slope and provides direct access from Bayside Drive. Though unpermitted, there are several properties along Bayadere Terrace and Dolphin Terrace with similar encroachments (Attachment F). In addition to the 13 -1 proposed wooden steps, Owners are requesting to plant eight Stone Pine trees on the slope, which will be privately maintained. City Council Policy L -6 prohibits encroachments, including steps and private trees, encroaching in excess of 1 foot into the public right -of -way (Attachment E). Staff should mention that Owners constructed the proposed encroachments without the benefit of an encroachment permit. As part of the redevelopment, Owners were required to repair a portion of the slope. Although the approved and revised plan sets do not show steps or trees within the Bayside Drive public right -of -way, per Owners' letter, they assumed that said private improvements were allowed as part of the slope repair (Attachment C). Owners were informed by the City's inspector to obtain a Public Works encroachment permit, which led Staff to this request. The proposed private improvements will not diminish the rights of the public, present and 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 wooden steps and trees. 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 - Letter from Owner Attachment D - Proiect Photos Attachment E - Council Policy L -6 Attachment F - Photos of Similar Encroachments 13 -2 ,. 4J c, �i f (PROJECT SITE I �R 1717 BAYADERE TERRACE LOCATION MAP cs ATTACHMENT A r� f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N2015 -0111 APRIL 14, 2015 13 -3 n ■ R SITE PLAN PROJECT PLANS I/ I SPA I POOL Q ATTACHMENT B I LOT 164 N -M.- W 15991' - i LOT 166 13 -4 ATTACHMENT C Mr and Mrs. Raymond G. Kennedy 2021 Tahuna Terrace Corona del Mar, California 92625 March 8, 2015 Ms. Kathryne Cho, PE Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Bay 1C Newport Beach, CA 92660 Re: 1717 Bayadere Terrace Request for Enroachment Permit Dear Ms. Cho, Enclosed is the worksheet to apply for an encroachment permit for 1717 Bayadere Terrace to plant 8 stone pine trees and place wooden railroad ties down the slope to Bayside Drive. We have also enclosed the following additional items: 1. The plans showing the placement of the trees and wooden railroad ties. 2. The business permit, contractor license and proof of insurance for ROM General Contractor. 3. The before construction and after construction pictures of the slope. 4. Additional pictures showing similar trees and wooden railroad ties along Bayside Drive. We apologize for the sequencing of the request. At the behest of the City, we rebuilt the slope as required to meet the new geological standards and assumed that it was permissible to plant the trees and place wooden railroad ties on the slope. However, we have since learned that because it encroaches on City property, we need to get an encroachment permit. We will assume all liability with these improvements and will maintain them. We have followed the standards used by our neighbors in planting stone nines and using railroad ties. If you drive along Bayside Drive you will notice similar improvements to homes along Bayadere Terrace and Dolphin Terrace. We have enclosed some sample pictures to emphasize this point. Thank you very much and let me know when I can formally approach the City Council to make this request. As required, I have enclosed a $1,200 check to the City of Newport Beach. Thank you for your time and consideration Sincerely, 12 Raymond Kennedy 13 -5 rd z w U Q Q 0 H 0 2 U w 3 ry 0- W ry 0 LL W m 0 M z w U Q Q U) 0 H 0 r H W WLL � Q 0 ry n F.11 INATIOrr• III k1r4 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 13 -8 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. 13 -9 L -6 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 S 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 13 -10 L -6 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. 1 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. 0 13 -11 L -6 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 13 -12 ATTACHMENT PHOTOS OF SIMILAR ENCROACHMENTS 1907 BAYADERETERRACE - STEPS 1821 BAYADERE TERRACE - SAME TREES 13 -13 ATTACHMENT PHOTOS OF SIMILAR ENCROACHMENTS 1231 DOLPHIN TERRACE - WOODEN STEPS ��t i 1119 DOLPHIN TERRACE - WOODEN STEPS 13 -14