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HomeMy WebLinkAbout15 - Shore Cliff Association Request for Street Tree LightingCITY OF NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 15 November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Kathryne Cho, Junior Civil Engineer APPROVED: D. /fQ TITLE: Shore Cliffs Property Owners Association Request For Street Tree Up- lighting and Electrical Appurtenances ABSTRACT: The Shore Cliffs Property Owners Association requests approval to install up- lighting and electrical appurtenances for the five (5) Coral City street trees on Seaward Road public right -of -way. RECOMMENDATIOS: 1. Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow up- lighting and electrical appurtenances for five (5) Coral City street trees along Seaward Road, contingent upon all conditions of the Encroachment Permit process being met. 2. Allow the City to enter into an Encroachment Agreement with the Shore Cliffs Property Owners Association. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Shore Cliffs Property Owners Association (Association) would like to beautify the community entryway by installing low- voltage up- lighting to five Coral street trees along the easterly side of Seaward Road between East Coast Highway and Evening Canyon Road. The proposed improvement will front an SCPOA -owned lot. Shore Cliffs Property Owners Association Request For Street Tree Up- lighting and Electrical Appurtenances November 22, 2011 Page 2 The Association is working with Southern California Edison (SCE) to install a new private electrical meter pedestal on the Association's private property. This private meter will provide power for the proposed up- lighting fixtures and GFI Receptacles, which will be used to install holiday lighting on the Coral trees. Council Policy L -6, Section A, prohibits lighting in the public rights -of -way. However, the proposed up- lighting is sponsored by the community association and is fronting an Association -owned lot. The up- lighting will not benefit an individual property owner. Council Policy L -6, Section G, states "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." Staff feels the approval of the up- lighting and related appurtenances are consistent with public interest as the Association is proposing the improvements for the benefit of the public. The intent of prohibiting lighting in the public right -of -way was to eliminate impacts of glare, overlighting, safety, and the uncertainty of the location of buried electrical wires. The Association is proposing low- voltage lighting / wiring and will be maintaining the improvements with an Encroachment Agreement. The Encroachment Agreement will condition the Association to mark or identify the location of the buried wires when there is nearby construction. In the past, City Council has approved lighting and appurtenances proposed by community associations in the public right -of -way. In 2006, the Cameo Community Association proposed an extensive project to enhance the community entryway along East Coast Highway at Cameo Shores - Highlands intersection. The project included lighting in the public right -of -way. Once the project is completed, the Association shall have the following responsibilities 1. The Association shall maintain all lighting and electrical appurtenances. 2. The Association shall respond to any complaints regarding light pollution into private homes and roadways or any others as a result of this installation. 3. The Association shall angle the lighting so as to not have a negative impact to drivers entering the community. Should the City Council elect to approve the installation of the up- lighting and appurtenances, staff recommends the following conditions of approval: 1. The Association will enter into an Encroachment Agreement with the City. 2. The Association will obtain an Encroachment Permit (N2011 -0318) from the Public Works Department. Shore Cliffs Property Owners Association Request For Street Tree Up- lighting and Electrical Appurtenances November 22, 2011 Page 3 3. Trenching and /or boring of conduits and wirings is not allowed within a ten -foot radius of each coral tree (Conditions of Approval from the Municipal Operations Department). In the future, the Association may be requesting additional street tree up- lightings along the east side of Seaward Road and on both sides of Morning Canyon to enhance the aesthetic appearance of the Shore Cliff community entryway. Future requests will be reviewed at that time. :4 ►Ul:ii]►IN121 ►ll!LI0VZkyI1415 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: Exhibit A — Area Map Exhibit B — Shore Cliffs Property Owners Association Letter Exhibit C — Council Policy L -6 r,. �1. 1 1 �1 1 1 �d` t 1 i S AREA MAP IN Association Owned Lot 4 ® Trees to have up- lighting and holiday lighting 1 ` N A v 1 � 1 V� Y 4 S' Y 320 4 EVENING CANYON RD y 4 T rm'"e EXHIBITA Q EXHIBIT B October 21, 2011 Ms. Kathlyne Cho Junior Engineer City of Newport Beach, Public Works Department 3300 Newport Blvd., Newport Beach, CA 92658 Re: Letter of Intent Dear Kathryne, The Shore Cliffs property owners association is requesting a permit to add electricity to our entrance lot at 321 Seaward, Corona del Mar, on the corner of PCH and Seaward. Our HOA owns this lot, however, we understand that the first 10 feet of property is considered a public right -of -way for the City and therefore we need to obtain approval from the City Council. The reason for this electricity is to install electric timers for our irrigation and to install up lights on coral trees at the entrance. We do not have a street light in this area, and is a very dark corridor in the evening. These up lights on trees will provide a small amount of light to illuminate the area when walking in the evening, and allow us to light the coral trees at holidays. Attached are plans that detail the routing of wires, location of pedestal and number of lights (one per tree /5 total). Shore Cliffs agrees to maintain these up lights and electric timer for the sprinkler system. The only other improvement that would affect the public right -of -way area is an extension of sidewalk (see plan). Also included are pictures of the light fixture to be used. The SCE pedestal needs to be above ground, according to SCE, and is 42" high. Thank you for your assistance and we appreciate anything you can do to expedite this matter. Sincerely, Pa& Patti Taketa President Shore Cliffs Cc) C/o Powerstone Property Management * 16470 Bale Parlovay, * Irvine, CA 92618 * (949) 716 -3998 * FAX (949) 716 -3999 EXHIBIT C 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 encroaclunents 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 conforning 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 installed at grade and grouted. 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. I L-6 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services 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 Lr2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored /textured concrete or flat stone /brick) installed at grade (subject to General Services 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 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. In the commercial areas 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. 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, 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 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. L For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 L-6 back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed Tin height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. L 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. 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 Uniform Building Code under a valid building permit issued by the City. 4 mo 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 General Services 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 e May 8, 2001 5