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HomeMy WebLinkAbout08 - Request to Retain Non-Standard Improvements at 224 Agate® CITY OF NEWPORTBEACH Cq� OR�P City Council Staff Report Agenda Item No. 8 November 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director /City Engineer 949- 644 -3311, dawebb @newportbeachca.gov PREPARED BY: Rodi Almendralo, Associate Civil Engineer APPROVED: TITLE: Request to Retain Existing Non - Standard Private Improvements within the Public Right -of -Way at 224 Agate Avenue ABSTRACT: Mary G. Lane and David A. Lane, trustees of the David A. Lane Trust, the listed property owner of 224 Agate Avenue, request to retain non - standard private improvements within the Agate Avenue right -of -way consisting of raised brick planters and a brick paver entryway encroaching 4.5 -feet into the public right -of -way. RECOMMENDATION: Staff recommends that the City Council waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow for raised brick planters to encroach up to 4.5 -feet into the Agate Avenue right -of -way at 224 Agate Avenue, contingent upon all conditions of the Encroachment Permit process being met. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Currently, there are existing raised brick planters and a brick paver entryway within the Agate Avenue right -of -way along the property frontage of 224 Agate Avenue. The existing raised brick planters encroach 4.5 -feet into the Agate Avenue right -of -way which violates City Council Policy L -6. The policy states that structural encroachments such as raised planters which encroach in excess of 1 -foot into the public right -of -way are prohibited. There is no encroachment permit or agreement on file with the City for these private improvements. The property owner is requesting a variance to City 1 of 10 Request to Retain Existing Non - Standard Private Improvements within the Public Right - of -Way at 224 Agate Avenue November 13, 2012 Page 2 Council Policy L -6 per Section G of the policy to keep the existing raised planters that encroach in excess of 1 -foot into the Agate Avenue right -of -way. Earlier this year, a building permit was issued for a minor addition to the existing residence. A condition of approval was placed on the building permit to comply with City Council Policy L -6 because the existing private improvements in the Agate Avenue right -of -way had no encroachment permit or agreement on file with the City. Currently, there are existing sidewalks along Agate Avenue and there are no City utilities that will be impacted by the existing private encroachments. The existing raised planter does not diminish the rights of the public, present and future. The property owner will need to enter into an Encroachment Agreement with the City which would permit the City to terminate rights granted at any time in the future and could require the removal of the raised planter. 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). Submitted by: Public Works Director /City Engineer Attachments: A. Area Map B. Photo of Private Encroachment C. City Council Policy L -6, Private of -Way D. Letter from Property Owner Encroachments In Public Rights- 2 of 10 T e- 3 of 10 ab 1., 4 ry T e- 3 of 10 Ru I k�l tw' q IS ol xv- 0I /* 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 dimhushed by the installation of private improvements witliln 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 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. l EXHIBIT "C' 6 of 10 Tr6 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. L 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 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 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 encroaclunent is such that Council review is warranted, the Department may forward the item to the Council for action. 6 of 10 L.6 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. i. 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 7 o10 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 4' in 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 wluch are entered into pursuant to this section or other authorization. B. 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. 8 of 10 L-6 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. PIan 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 circumstazues 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 - May 8, 2001 9 of 10 TAN J.N. HAP -BISON - ARCHITECT October 30, 2012 Mr. Rod[ Almendralo Assoclate Civil Engineer. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Re: 224 Agate Avenue, Balboa Island Dear Mr. Almendralo, On behalf of the owner of the above referenced property,.l would like to request an as -built encroachment permit for the existing brick planterwall and walkway which encroaches beyond the front property line into the street right of way. The. improvements were built in 1990 at the time of the construction of the existing single - family home on the property. At the time of construction, the planterwall was built to the acceptable city standards and was built out to the back of the existing sidewalk, which runs continurn.ISly south of the property. The planter wall. is less than twelve inches (12 ") above the sidewalk. Thank you for your time and effort with this matter. Yours ruly, la' J.N. H nson, Architect 3535 EASE COAST HIGHWAY, #301 - CORONA DEL MAR, CALIFORNIA 92625 - 9449/723 -1091 EXHIBIT T" 10 or 10