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HomeMy WebLinkAbout09 - Request to Retain and Install Private Improvements within the Park Avenue Public Right-of-Way at 501 Park AvenueCTY OF F NEWPORT BEACH City Council Staff Report May 26, 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 and Install Private Improvements within the Park Avenue Public Right -of -Way at 501 Park Avenue ABSTRACT: The property owner of 501 Park Avenue (Owner) requests approval to retain an existing raised concrete patio slab and wrought iron fencing within the Park Avenue public right -of -way. The owner also requests to install a portion of an ADA ramp and separate raised planter within the Park Avenue public right -of -way. RECOMMENDATION: a) Waive Council Policy L -6, Private Encroachments in Public Rights -of -Way, to retain an existing raised concrete patio slab and wrought iron fencing with a total maximum height of 3 -feet that encroaches in excess of 1 -foot into the Park Avenue right -of -way, contingent upon all conditions of the Encroachment Permit process being met; b) Waive City Council Policy L -6, Private Encroachments in Public Right -of -Way, to allow the installation of a portion of an ADA curb ramp and separate raised planter with a maximum height of 6- inches that encroaches in excess of 1 -foot into the Park Avenue right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owner 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 Owner of 501 Park Avenue is requesting a waiver from City Council Policy L -6, Private Encroachments in Public Rights -of -Way, in order to retain existing improvements and install new private improvements that encroach in excess of 1 -foot into the Park Avenue public right -of -way. The property owner requests to retain 9 -1 an existing raised concrete patio slab and wrought iron fencing with a total maximum height of 3 -feet, 56- feet in length, that encroaches up to 3 -foot 2- inches into the Park Avenue right -of -way. The property owner also requests to install a portion of an ADA ramp with truncated domes and a separate 9 -foot wide low raised planter with a maximum height of 6 inches that encroaches up to 3 -foot 2- inches into the Park Avenue public right -of -way. The existing concrete raised patio and wrought iron fence encloses a patio area used for outdoor seating for the restaurant use. A portion of the tables and chairs for the outdoor seating area will be located in the public right -of -way; however, these items are not permanent and can be removed at any time. Park Avenue is 60 -feet wide and the width of the right -of -way adjacent to 501 Park Avenue, from curb face to property line, is 6 -foot 8- inches wide. The existing sidewalk adjacent to the project is 3 -foot 6- inches wide. There are no City -owned utilities within the parkway or sidewalk adjacent to the project. These proposed private improvements will not diminish the rights of the public, present and future. 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. Should the City Council elect to approve the retention and installation 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 - Area Mao Attachment B - Plans Attachment C - Letter from Property Owners Attachment D - Site Photos Attachment E - Council Policy L -6 49 ATTACHMENT A ?02V ?7j2 20 27? 1797121 ` P 200001/2 206 ?O, 9 270 21)7j2 B 2 ?O22 P� 1104, ? ? ? 8 27 22 171 v 20 206 80 7/2 27S I 27B7B7/2 2 124 � ?0 04 ?jl ?1v7g7j 2 2 200 2O0 ?7121j? 2 219 lx �2 72 00 1j? 20571 20j 210101j2 2 219 9 ?? 208 77 O 7 ?S7/ 7`�J 7 p°jo r`, 202 S 206, 21S 1 2 7 co 207 7 ?37j2126, 204 14 04 ?7,? 2j7/2125 246 A 21j 2 ? 909 e 2j1 7 ?7 202 ? 20001/ 712 111 779 P 22 7 glic 20 ?70 2 1/ P 1 32 ? 1,719 24 7`?7 ?OS 208 776 72 ^ 20? 206 12 176 9 7? 43 Ong ?0 ?0 12j 72 ? h �y 7 9 174 O 72 h 20 77 1 ?S 7 ?8 21/? 7 20 2 1 170? 27/2 121290 1 ?6 A �S7i? 240 7� 10 10 1j? 127 le Pk, 7 4247j2 1 18195 6 12 q P 722 871j2 J 7 1 06 c / 1 ?9 )3 `�4 0 7 / 3 S Balboa 77720 7j1 ?j7 729 1 12 77 Island B�Q, 7? 150 Park C/ 2I � ^y 716 72 1? 7 120 S72 77 97/2 S 1 28 7j2 10) :`1' 1 4 12j7 72� ?6 10 12 779 7? P� 12 �47j2 70 S a�� 774 77 , 77 7 c�P` 722 7 J 1 p ^p 77) 778 1 ?g 773y 4 'q 71 71 5 776 ?J arc, 1'12 27/2 7 % 7 P 1 IRS 1?0 171 714 q'9 7 1, <„ 77 2`? O 4 �S. 70j 77 2 -79 127 126 110 07/2 7/ 1 7 ?4 G 0 1,0 8 /0 746 77) 122 21/2 y ^o o^ 77S 720 h 1 CITY OF NEWPORT BEACH AREA MAP PUBLIC WORKS DEPARTMENT N2015 -0187 MAY 26, 2015 9 -3 299L6 tl'J H'Jb39 L% 3AN NaYd L09 K Q' 3AOatl lbI1N301S3a N11M ltll'Ja3 WW00 O3S0 03NIW :� ^\ xN 3�b'O 3f1N3nV �i2it/d z= �AIAIIIi Q w - lo3roaa aollbnox3a 33bo e.. #a w - sgwo W. ioaz z> H w s= NE �` €e�I e S v .,�� °.� �E �g °5v s as � �� py °°.z', e _ sa H H H H H HE HE 1 1 9 D 1011 1 0 1 1 11 1 1 1 1 s o N rcaw _ N/tlrv3d Ol g aw JNNYd 3[3dNJ .9/15/X3> 111 NIN � f LLL555CCC111 r_ I i I 1 I I a 6 d31Nnd M3N� I I ,,,"a s 9 MV .x3N ur],> 1 dm drvrd wr _ r - --------------- Q71 I T - rte.... -... r RY1N3d3JJ 10 NOl1YM1Tl3 -1 NlNY3N Of 1N9n9MM rid �� y pa. s AM 391N9IN3H101N/ ______ ----- - lN3nH9roa9N3 o3/.nno3N p _ g NWM3Ol5 98119X3 - 39Y2 6800 ee m 9N119X3.9 .9- T 3 w - 8dn3 d9 39Y3 01— AYM in 1H9 /N oml /X3 9 ,9 W .7. © $ o'•` T z - I i 3NO ALd3dOdd 9849X3 V3NY 9N4Y35 94Yd 9N45IX3 o _ Tl3M 338( 9M19X3 I I _ 1 3 A V 3 1 V9 V III ANTARES GROUP, LLC 34 Balboa Coves, Newport Beach, CA 92663 Tel. 951- 795 -3362 email: cpastever @Qoud.com David Keely, P.E. Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Ref: Park Avenue Caf €; 501 Park Avenue, N.B. Permit Dear Mr. Keely, ATTACHMENT C April 29, 2015. This letter is to formally request the city approve the continuing use of the restaurant patio area that represents an encroachment into public right of way. The restaurant in this configuration has been operated continuously for over 40 years according to my review of historical documents. Therefore, we do not believe the approval of the encroachment will pose any Inconvenience or change in the environment. 1 appreciate your consideration of this request. Sincerely, Steven Rogers,4resident Antares. Group, LLC ATTACHMENT D SITE PHOTOS C. 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 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 91 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 MO 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 i 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 -11 Iffl Amended - May 8, 2001 Amended - January 27, 2015 9 -12