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Home My WebLink About10 - Request to Maintain and Improve Existing Private Improvements within the Public Right-of-Way at 520 De Anza Drive (N2015-0318)CTY OF F NEWPORT BEACH City Council Staff Report July 14, 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: Rodi Almendralo, Civil Engineer PHONE: (949) 644-3334 TITLE: Request to Maintain and Improve Existing Private Improvements within the Public Right -of -Way at 520 De Anza Drive (N2015-0318) ABSTRACT: The property owners of 520 De Anza Drive (Owners) request approval to maintain and improve existing non -conforming improvements in the public right-of-way including maintaining and re -facing variable height walls with heights from 3'-5" to 4'-8", replacement of an existing wood railing on top of said walls with clear glass railing, modifications to an entry stairway, maintaining and re -facing a variable height planter, replacement of an existing variable height concrete retaining wall with a stone variable height retaining wall, new decorative stamped concrete driveway approach and private landscaping and irrigation improvements and appurtenances within the De Anza Drive right-of-way. RECOMMENDATION: a) Waive City Council Policy L-6, Private Encroachments in Public Rights -of -Way, to allow the Owners to maintain and improve existing improvements within the public right-of-way as described in this report and show on the attached site plan, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the 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 Owners are requesting to maintain and improve existing private improvements within the De Anza Drive right-of-way which will require waiving City Council Policy L-6, Private Encroachments in the Public Rights -of -Way. The existing private improvements to be maintained and improved include an existing variable height wall with heights from 3'-5" to 4'-8" which will have a new stone finish, replacement of an 10-1 existing wood railing on top of said wall with clear glass railing 3.5 -feet in height, modification to an entry stairway with a new stone finish, re -facing of an existing variable height planter (with heights from 8 to 12 - inches) with a new stone finish, replacement of an existing variable height concrete ramp/retaining wall with a stone variable height retaining wall with heights from 0 -9 -inches, installation of a new decorative colored stamped concrete driveway approach and new private landscaping and irrigation improvements and appurtenances within the De Anza Drive right-of-way. These improvements are not associated with a current building permit. These existing private encroachments were constructed when the house was built in 1951. The private improvements will encroach up to 2.5 -feet into the De Anza Drive right-of-way. Adjacent neighbors have similar private encroachments within the De Anza Drive right-of-way that are permitted through an encroachment permit and agreement. The clear glass railing on the top of the wall is a California Building Code requirement since there is at least a 30 -inch height differential. 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 or exceed 3 -feet in height, measured from the top of curb elevation/or from sidewalk elevation where sidewalk exists. Currently, there are no existing sidewalks on De Anza Drive and there are no City -owned utilities that will be impacted by the proposed private encroachments. These proposed private improvements will not diminish the rights of the public, present and future. Given the background and type of improvements being requested, as well as noting that there are no current or near future plans to construct sidewalk or utilities within this segment of right-of-way, staff recommends approval of this request. Should the City Council concur and elect to waive Council Policy L-6 and approve the Owner's request for 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: 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 Map Attachment B - Site Photo Attachment C - Site Plan Attachment D - Letter from Property Owner Attachment E - Council Policy L-6, Private Encroachments in Public Rights -of -Way 10-2 .^T r r., LIZ IZ ■ ATTACHMENT A AREA MAP 4 I t.� ATTACHMENT A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N2015-0318 07-14-15 SITE PHOTO ATTACHMENT B 10-4 ATTACHMENT C 1 MFw BIgEPeClO.— PA ' CONCNCIE MFMWN Wµl: — �� HWI 91dR8 10 FIXCOW DP CV6EW0 DNAOF . YMES I M fRON 0'PN N NO W �I Ni N a WW W WAV OOI APIYXIACII Pfx ]m.m.E, xllwlwnV NPIgACII l0 1E SPle cDMNCMMEOO. WWWAY wl.' Cd . OI 1 EXISTING GARAGE SIAx Q OONCPF.iF w o CIXEw6iE vAwNs �� 0 iF o� m D — a N W.1, W RYAS I •• I .a DFRY Q. W 00w. r.B• D X!WDY SIM xe UA.0 I0 I I BE AfNkO I 1 Q A .New r.nl Pq" I 1 6iVNE-FACED R.mlm 1 1 1 /� WALL .14 MEW NAld1Al i'.1' Ee 1 I 1.31 w" 'JYI W NOW I _� 11 a f NOI IOM J 6t 10 M WE 9E RE MSSI1O I". ve FOM µl SIEM i .,m Ywxo w.SM rE WIEPoµ I ]Wj 1 EA81w4 WNL, III, I I I 11U81WO ROIICD CDIIM 1 ]. Ew to Of - EXIgTINO RESMECE R1A0 ..1.. .x.. aMW.4 WIIII MFiµ 1 P081 B: NlFOMI VAME] FMW 1 8'11' i0 S'J' N xO W I COBtIND fFWM CO I MI O FA 1 C 1 1 I 1 1 . CmII D RWIFM WALE. V 1 IE'AII VARIES ID N ROw. NEW SIM yl VEIELFI Alp CEJ 10 BE AP0.W O PA :C PA 1 aArt 0 5 111 JO � 1 520 DE ANZA DR, CORONA DEL MAR GRAPHIC SCALE- 1/8' • V -0 - Multiple Buildings Painting Project Location Map CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07/14/2015 10-5 U1file] :ItIIAfIa91 March 25, 2015 Mr. Almendralo, As you know, my house is on a sloping street that makes it necessary to have steps and retaining walls to control the grade. As discussed in person, I would like to make the following minor repairs and improvements associated with my property that are within the right-of-way. I am proposing the following scope of work: 1. Add stone to an existing planter wall that is approximately 2'-1" into the ROW. 2. Replace the existing guard rail that sits on top of this existing planter wall with a new glass guardrail at the current code required height of 42 -inches. 3. Rebuild the bottom two steps that lead to the front door of the house to maintain a consistent tread depth of 12 -inches. This will reduce the amount that the existing steps project into the ROW by about 1'-1". The steps will be stone and will project approximately 1'-3" maximum into the ROW. 4. Add a new stone -faced planter wall on the north side of the entry steps that is approximately 3'- 2" tall. This is to contain the other side of the rebuilt steps. It will be approximately 1'-6" into the ROW. This planter wall will have a sloping code -required handrail on top with a maximum height of 4'-3". 5. Add stone to an existing planter wall just north of the entry steps. This planter wall varies in height from 8"-12" and is approximately 1'-5" into the ROW. 6. Rebuild the driveway approach with colored, stamped concrete. Re -pave the driveway with colored, stamped concrete or concrete pavers. Widen the current driveway to 20'-0". 7. Remove the existing concrete retaining wall north of the existing driveway due to the driveway widening. Add a new stone -faced retaining wall to replace it at the north side of the new driveway to retain the existing grade. The sloping wall varies in height from 0"-9" and extends into the ROW up to approximately 4'-5". This is all in an effort to improve the appearance of my front yard — most of which is modifying existing elements. I appreciate your assistance in obtaining approval to construct these improvements. Please contact me with any questions. Best regards, Doug Greene 10-6 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 10-7 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 f ffi. 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 10-9 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. Cl 10-10 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 10-11 Amended - May 8, 2001 Amended - January 27, 2015 10-12