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COUNCIL AGENDA
• CITY OF NEWPORT BEACH 31
CITY COUNCIL STAFF REPORT _ t 3 _ p
Agenda Item No. 10
May 23, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee, P.E.
949 - 644 -3311 or ilee @city.newport- beach.ca.us
SUBJECT: NON STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE
DRIVE
APPLICANT: WILLIAM F. FREY II & KRISTINA L. FREY
RECOMMENDATION:
1. Deny encroachment permit N2005 -0490 based on its non - conformance with
provisions documented in Council Policy L -6 and safety hazard potentials.
2. Direct staff to condition Owner to remove all non - standard, unpermitted
improvements from the public right -of -way fronting 6707/6709 Seashore Drive,
within 30 days.
DISCUSSION:
Background:
William Frey and Kristina Frey, property owners (OWNER) of 6707 and 6709 Seashore
Drive, are requesting approval to retain an unpermitted, non - standard improvement
within the Seashore Drive public right -of -way. The non - standard improvements consist
of a raised patio landing built with a height of up to 30 inches, across the width of the
property. The patio has a facing constructed of slate stack stones that encroach up to
four feet into the southerly four -foot wide Seashore Drive public parkway. (See Exhibit
"A ".) Previously, an approved encroachment agreement (EPN2000 -308;
OR_20000500933) was executed and recorded to permit a "raised concrete patio
(encroach six inches) with a three -foot high wrought (iron) railing... ". The six -inch
encroachment was permitted to allow for a landing outside the two existing french
doors; however, improvements in addition to what was documented in the
encroachment agreement were never permitted.
• A 'red -tag" to stop the non - standard improvement construction was issued on
September 8, 2005. A Notice of Violation was issued on October 26, 2005 to remove
the unpermitted encroachments and restore the public right -of -way. The Owner and
Non Standard Improvements at 6707 and 6909 Seashore Drive
May 23, 2006
Page 2
contractor ignored the STOP -ORDER and continued with the unpermitted construction •
until completion. It should also be noted that the work was constructed by a contractor
that at the time did not have a current State Contractors License or City Business
License.
City Council Policy L -6 -A states that encroachments in excess of one foot in the public -
right -of -way are prohibited. Encroachments within two feet of the curb will impact
bicycle traffic in the adjacent, heavily used bike lane. Bicyclists will shy away from
nearby encroachments thereby reducing the usefulness of the separate bike lane along
Seashore Drive.
Staff recommends that the City Council deny the Owner's request to retain the illegal
non - standard improvement in the public right -of -way fronting 6707 and 6709 Seashore
Drive. Staff further recommends that the Owner be directed to remove the illegal
encroachments within 30 days of the final City Council action.
Environmental Review:
Pursuant to Section 15303, New Construction or Conversion of Small Structures —
Class III of CEQA Guidelines, this action is exempt from environmental review.
Prepared by: Submitted by:
,
P. E. ephen G. ad um
Associate Civil Engineer Public Works Director
Attachment: Exhibit "A" — Photos of Illegal Improvements
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