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Home My WebLink About20 - Non-Standard Improvements at 401-407 Edgewater PlaceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Rodi Almendralo 949 - 644 -3311 or rlmendralo@city.newport-beach.ca.us SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE APPLICANTS: Thomas C. Edwards representing Burnetta Cassel, owner of 401 -405 Edgewater Place and Robert Schrimmer, owner of 407 Edgewater Place RECOMMENDATIONS: 1. Approve the Owner's request to construct non - standard encroachments, which include, but are not limited to, installing a not to exceed three feet in height wooden fence and appurtenances four feet into the Edgewater Place public right -of -way adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing the existing concrete sidewalk; and planting ground cover inside the encroachment area. If approved, direct staff to process an encroachment permit and prepare an encroachment agreement for these non - standard encroachments. 2. Deny the Owner's request to construct non - standard private encroachments within the Edgewater Place public right -of -way. DISCUSSION: During the August 22, 2006 City Council meeting, Council requested verification that the current owners or 401 -405 and 407 Edgewater Place are not the same owners involved in the prescriptive rights issue against the City back in 1970. Staff has verified through current property records that the properties where obtained by the current owners in the early 1990's. Council also directed staff to investigate the possibility of placing a 12 feet long sidewalk taper from the Cypress Street property corner instead of the six feet jogged sidewalk proposed by the applicants: The proponents have been contacted regarding this requirement and have agreed to extend the sidewalk taper from six feet to 12 feet. Request to Construct Non - Standard improvements in the Public Right-0f -Way at 401 -407 Edgewater Place September 12, 2006 Page 2 CONCLUSION: City Council Policy L -6, Private Encroachments in Public Rights -Of -Way, states that structural encroachments such as fences, walls, patios, raised planters, etc., are permitted so long as they encroach one foot or less into the public right -of -way and an encroachment agreement is executed by the property owner. The Citys Coastal Land Use Plan that was approved by the Coastal Commission in October 2005, and adopted by the City in December 2005, states a policy to "protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails." The proposed four feet wide encroachment into the Edgewater Place public right -of -way exceeds the limits of private encroachments allowed per City Council Policy. Should the City Council approve the Owners request, an encroachment agreement will need to be prepared and executed stipulating that the Owners and future owner(s) are responsible for the maintenance of all of the approved non - standard improvements to the satisfaction of the City. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption is for minor alteration of existing facilities not expanding existing uses. Prepared by: Submitted by: Rodi Almendralo Associate Engineer in G. Badum Works Director Attachments: Letter dated July 21, 2006 from Thomas Edwards Site Map prepared by Applicant (Exhibit A) Revised Site Map prepared by staff (Exhibit B) eY etif pe-=*tg ' - fo r:401. 46 07 E. q.,ior g4OTE, Edgewater is egop. @ra.pn tAW60olne o.nd I look forward J H at v z v �7 w Y O r v Y 3 U A V► 0 �J cJ W� r of j 1 F- 1 c2C2 "Oe r G Q v W �k. 2 Q W m J m n. ADAMS ST. LZv 5Z17 ° --�i 1-- £Z17 0 = 217 Y J 7 m z 664 x w w Q L6v 564 l Z/6 £6v £6v 664 604 �1 L04 Z v 504 o I W W £04 z Z4 Gov o LL ~ 604 ESS S, � GYpR 6 z w w J z Q aw �O U W m Z Z Da -j w O�z w w w z °_ w w U z U 2? O P a Qz X w¢ w a I O I I i Q W ry Q ■ r COU14CIL AGirrNDA CITY OF NEWPORT BEACH N0 7A . CITY COUNCIL STAFF REPORT O� Agenda Item No. 15 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Rodi Almendralo 949- 6443311 or ralmendralo @city.newport- beach.ca.us SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE APPLICANTS: Thomas C. Edwards representing Bumetta Cassel, owner of 401 -40$ Edgewater Place and Robert Schrimmer, owner of 407 Edgewater Place RECOMMENDATIONS: 1. Approve the Owner's request to construct non - standard encroachments,. which, Include, but are not limited to, installing a wooden fence not to exceed 3 feet in • height .and appurtenances 4 feet into the Edgewater Place public right -of way adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing the existing concrete sidewalk; and planting ground cover inside the encroachment area. Direct staff to process an encroachment permit and prepare an encroachment agreement for these non - standard encroachments. OR 2. Deny the Owner's request to construct non - standard private encroachments within the Edgewater Place public right -of -way. DISCUSSION: The owners of 401 — 405 and 407 Edgewater Place are requesting to install non - standard improvements within the southerly 4 feet of the Edgewater Place right -of -way including a wooden picket or solid fence not to exceed 3 -foot in height, removing the existing City concrete sidewalk, and planting groundcover in the area behind the new fence. When completed, the new wooden fence will align with the easterly neighbors' existing block walls or fences along the Edgewater Place frontage between Cypress Street and Adams Street. Currently, there . is an existing wooden fence in front of 401 — 405 Edgewater Place and a decorative metal fence in front of 407 Edgewater Place located at the property line. The City maintains a 14 -foot wide easement for public walkway and incidental purposes along the frontage of these properties on Edgewater Place. The City • obtained the 14 -foot wide easement as a final judgment in Orange County Superior Court, Request to Construct Nonstandard Improvements in the Public RighW -Way at 401 -407 Edgewater Place August 22. 2006 Page 2 Case No. 169606 in January 1970, where a previous owner was intending to close the • existing pedestrian sidewalk along the frontage of these properties on Edgewater Place in order to maintain the beach as a private beach. The City maintains a 10 -foot wide easement for public walkway and incidental purposes along the frontage of all other properties on Edgewater Place easterly of 407 Edgewater Place. There is an existing PVC storm drain line underneath the existing pedestrian walkway. If approved as proposed, a portion of this existing storm drain line will be located inside the proposed private encroachment area in front of 401 -405 Edgewater Place. CONCLUSION: City Council Policy L -6, Private Encroachments in Public Rights- Of -Wav,. states that structural encroachments such as fences, walls, patios, raised planters, etc., are permitted so long as they encroach 1 -foot or less into the public right -of -way and an encroachment agreement is executed by the property owner. The City's Coastal Land Use Plan that was approved by the Coastal Commission in October 2005, and adopted by the City in December 2005, states a policy to "protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails." The proposed 4 -foot encroachment into the Edgewater Place public right -of -way exceeds the limits of private encroachments allowed per City Council Policy. Should the City Council approve the Owners request, an encroachment agreement will need to. be prepared and executed stipulating that the Owners and future owner(s) are responsible for the maintenance of all of the approved non- standard improvements to the satisfaction of the City. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption. is for minor alteration of existing facilities not expanding existing uses. Prepared by: Submitted by: Rodi Almendralo Associate Engineer Director Attachments: Letter dated July 21, 2006 from Thomas Edwards Site Map prepared by Applicant (Exhibit A) Enhanced Site Map prepared by Staff (Exhibit B) • TFIOZKs GQLE Rziiq_Axns J J d t� N W Jr to of J Z v c1 NO u: �CG • • • 0 0 x Y J 7 m z z U) U w Q � w 00 J' 00 a- ADAMS ST. LZV 5ZV 1 £ZV 217 664 L64 564 Z/6 £6V £6V 664 604 Z ..OAz Q �m UD w m� z Z J �a Zi w 2 C-) w w zLU U` w w U Z U 2 Z P a Q Z X wQ w a 0 w O w J Q Q w Q m t- m_ X w i L0V 504 o £04 Z/6 604 604 Z Si CYPRESS Z ..OAz Q �m UD w m� z Z J �a Zi w 2 C-) w w zLU U` w w U Z U 2 Z P a Q Z X wQ w a 0 w O w J Q Q w Q m t- m_ X w