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HomeMy WebLinkAbout11 - Public Right-of-Way at 211 Evening Canyon RoadSEW PORT CITY OF NEWPORT °9CIFOa�P Cory Council Staff Report Agenda Item No. 11 February 14, 2012 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 Engineer APPROVED: 6 1l.4N �_ TITLE: Request to Retain and Construct Private Improvements in the Public Right -of -Way at 211 Evening Canyon Road ABSTRACT: The Clark Living Trust, owner of the property at 211 Evening Canyon Road, requests to construct non - standard private improvements within the Evening Canyon Road public right -of -way, including planter walls, with varying heights up to 6 inches, encroaching up to 4 feet 7 inches into the public right -of -way. RECOMMENDATIONS: 1. Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow planter walls to encroach up to 4 feet 7 inches at 211 Evening Canyon Road, contingent upon all conditions of the Encroachment Permit process being met. 2. Direct staff to amend the existing Encroachment Agreement, O.R. 86- 399874, to reflect the proposed improvements and authorize the City Manager to execute the amended Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. All improvements will be funded by the property owner. DISCUSSION: Currently, there are two existing planter walls located within the property along the Evening Canyon Road frontage which encroach up to 12 inches into the public right -of- Request to Retain and Construct Private Improvements in the Public Right -of -Way at 211 Evening Canyon Road February 14, 2012 Page 2 way. The property owner proposes to retain the two existing planter walls and add two additional planter walls encroaching up to 4 feet 7 inches into the Evening Canyon Road public right -of -way, with varying heights up to 6 inches. The encroachment of the new planter walls violates Council Policy L -6, Section A, Item 1, which prohibits private encroachments to encroach in excess of 1 foot into the public right -of -way. The property owner is asking City Council for a variance to Council Policy L -6 under Section G. Approval of this variance would allow for beautification of the home, as well as, the neighborhood. The variance will not impact the ability of people to exit parked vehicles. There are no existing City utilities within the parkway and the proposed encroachments do not impact the public interest. These planter walls do not diminish the rights of the public, present and future. An Encroachment Agreement would permit the City to terminate rights granted at any time in the future and could require removal of these planter walls. Currently, there are no sidewalks along the Evening Canyon Road right -of -way nor has Evening Canyon Road been identified as a Significant Link Street in the City's circulation system (Resolution No. 88 -88). In addition to the proposed work within the Evening Canyon Road public right -of -way, the property owner has proposed minor modifications to the existing exterior stairs, planter walls, and flatwork on private property. These private improvements are located within existing water and wastewater easements, as depicted in the existing encroachment agreement (O.R. 86- 399874 recorded on September 3, 1986). The existing encroachment agreement will be amended to reflect the minor modifications to the improvement within the easements and, if approved, the planter walls within the Evening Canyon Road public right -of -way. 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). Request to Retain and Construct Private Improvements in the Public Right -of -Way at 211 Evening Canyon Road February 14, 2012 Page 3 Submitted by: Attachments: A. Area Map B. Project Plan C. Council Policy L -6, Private Encroachments in Public Rights -of -Way D. Encroachment Agreement (O.R. 86-399874) 1 r 0 9a J SCN. Q LU f' o Vag �l a 0 vw .a LL N EXHIBIT A U -__ \ __, _, � . -� r�� i �w PV DR n 11 11 1 GI�RAGE 1 1 I 1 / 1 I 1 I 1 n n °M 11 II a II 11 l 1 2- CMQRRAGE I 1 1 1 I 1 wavemun 1 1 I 1 a I 1 I 11 Proposed planter walls (varying height up to 6 inches) encroaching 4 feet 7 inches into Evening Canyon Road public right -of -way. 1 r -� L — PJ rn 211 EVENING CANYON ROAD IExisting planter walls (varying in height up to 9 inches) encroaching I 12 inches into Evening Canyon Road public right- of- �.vay. x x H W H H ,: 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 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. 1 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 Ir2. 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 Iimited 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 dear 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 W Ir6 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. 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. 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 encroaclunents 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 I 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 - May 8, 2001 PE'£fRDING REQUESTED BY AND 6tr-399874 �/� EXHIBIT D WHEN RECORDED RETURN T0: Q MCOROED IN OFFICIAL RECORDS ., ® EaElBPi RECORDING REQUEST PERJ' City Clerk= /-/It'4f '770 COVEMENT CODE 6I03 OF ORANGE COUMY, CA FORNIA City of Newport Beach - II50AM P.O. Box 1766 EXEMPT SEP 3'86 3300 Newport Boulevard Newport Newport Beach, CA 92658 -8915 ��FF r� ayR �!5�q cy b,Pace above tn7s Tine for Recoraer's use only. P" -' Ra 4c�Bs�iB6ElCG6fi ON 5 HEwPOCA BEACH. ENCROACHMENT AGREEMENT '� SEP 221986° THIS AGREEMENT is made and entered into this __ 1 day of , CITY EIFII L' ,oi.7i _, 1986, by and between SAMUEL LINDSAY, whose address is\� 211 Evening Canyon Road, Corona del Mar, California, hereinafter referred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws . of the State of California, hereinafter referred to as "CITY "; WITNE5SETH: WHEREAS, OWNER desires to construct certain improvements (hereafter "non- standard improvements ") within a ten - foot -wide CITY easement for sewer pur- poses (hereafter "EASEMENT ") crossing Lot 124 of Tract 1116 as said lot is shown on a map filed in Book 36, Pages 19 and 20 of Miscellaneous Maps, Records of Orange County, California; also known as 211 Evening Canyon, Newport Beach, California; hereafter referred . to as "RESIDENCE "; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of said non- standard improvements within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said non - standard improvements; NOW, THEREFORE, in consideration of the mutual promises, the par- ties hereto agree as follows; 1. It is mutually agreed that "non- standard improvements" shall be defined as retaining walls and stairs within the EASEMENT as shown on Exhibit "A "; and any additional landscaping or improvements other than ground cover or standard concrete patio or walk flatwork. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non- standard improvements and all facilities and appurtances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications there- for on file in the CITY. CITY will further allow OWNER to take all reasonable 1 of 3 .. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Space above this line for Recorder's use only. - ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this a7YLday of 1986, by and between SAMUEL LINDSAY, whose address is 211 Evening Canyon Road, Corona del Mar, California, hereinafter referred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY "; WITNESSETH: WHEREAS, OWNER desires to construct certain improvements (hereafter "non- standard improvements ") within a ten - foot -wide CITY easement for sewer pur- poses (hereafter "EASEMENT ") crossing Lot 124 of Tract 1116 as said lot is shown on a map filed in Book 36, Pages 19 and 20 of Miscellaneous Maps, Records of Orange County, California; also known as 211 Evening Canyon, Newport Beach, California; hereafter referred to as "RESIDENCE "; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of said non - standard improvements within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said non - standard improvements; NOW, THEREFORE, in consideration of the mutual promises, the par- ties hereto agree as follows: 1. It is mutually agreed that "non- standard improvements" shall be defined as retaining walls and stairs within the EASEMENT as shown on Exhibit "A "; and any additional landscaping or improvements other than ground cover or standard concrete patio or walk flatwork. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non - standard improvements and all facilities and appurtances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications there- for on file in the CITY. CITY will further allow OWNER to take all reasonable 1 of 3 E 5 ® O measures necessary or convenient in acomplishing the aforesaid activities. 3. OWNER and CITY further agree as follows: a. OWNER may construct and install non- standard improvements and all facilities and appurtenances necessary and incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY'S Public Works Department, and as described in Exhibit "A" hereto attached. Trees or other deep root growths are specifically excluded from the definition of non - standard improvements and shall not be planted in or on the EASEMENT under any circumstances whatsoever. b. OWNER shall maintain the aforesaid non - standard improvements and facilities in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non - standard improvements. c. That should CITY be required to enter onto said EASEMENT owned by CITY to exercise its primary rights associated with said EASEMENT, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities, CITY may remove portions of the non - standard improvements, as required, and in such event: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non- standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs of any removal of the non - standard improvements. (iv) OWNER agrees to pay all costs for renewal or restoration of the non - standard improvements. d. OWNER agrees to indemnify and hold harmless, its officers, agents and employees, from any and all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction, use, maintenance or renewal of the non - standard improvements. 4. OWNER agrees that this Agreement shalt remain in full force and 2of3 effect from execution thereof; shall run with the land; shall be binding .upon the heirs, successors, and assigns of OWNER's interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: Ci y At orne ATTEST:- G City Clerk Amo STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) CITY,OF 4PORT BEACH; a Mumcipa �or�por on B� Mayor 014NER ! BY Samuel G. Lindsay y7; /R ? On , 1986, before me, the undersigned, a Notary Public in and for the State, personally appeared known to me to be the Mayor of the City of Newport Beach and known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names are .subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and tor said ate STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On _I3_cf. 1986, before me, the un rsigned, a Nntary Public in and for sai' d State, personally appearedp , known to me. (or proved to me on the basis of Tatisfactory evi ence to bethe person(s) whose name(S) is (are) subscribed to the within instrument and acknowledged that he /she executed the same. 1� -a � OFflt'IAI SEAL Notary Publico an or said tate TINA GOYA aANG NoiarY 10G Cabloi ma LGIINiY $ AfY LOIOOtG]eM Ertp Gnaf6a 3of3 o� di 3 fv:,hifiUEYI4tl WtI4Tf,U4�',41I ylAA1HG PETR14y S16N.D I QL, h `I I I BY A' yT5lU4YuRAL [NBBItlG:: yMA64 BC SUB!AITjBG U!aH RPP,IWfn6N �c",� IP' c'. f M1 �_ � �f J'� � P � —I .e2 I eYe�,' ✓E9C/ d� J �'✓ � o-° ' I � — I � � �'� I I I y/ F� t ' �` �� r ! ,:- ',.v'~��c + °a °w°. ...5.•i d.. peeve.. 9° an cam_ I wt m� Y4 /w`�� i% (a .Y• °;✓ oSO 'l'o. I• q 4'BASEMFIIT AREA 'j., • 1 -Alt% / -,!'6 •� ' l' : 1 tl1p U E'? - �mumiY/V3 rtTr ses: v ;E : :an:� ' °. �r ._ _'•> ,; i La. ;•�1 ,i Il ,.•y,!. 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"i !.�I i 'IiYI�I I�: , ,.11���.1`'� `�..EI _ � = --'P; ocy� ?, I�Ti Ji._ I d t T ter,,''"P4,R k�i ,I,`�'' I;•::"� ._I,� Imo• -�.'_T I - --�' ^! - -1— a _l__. -` I ^ r�' ��vE! �'E,': ,�„ '' (, vey .; �i � //� \i• �.EJ: SUN ✓�,.Vj. / ao- e^�'• I i�r ° �1. a��..3'` az' W : IJ�.. � _ �I ` {�' 4, n* 2BG 3G'I:d: �� h' ''•` /:,• ��.,:� .:.1� � + a � :a,. �ae,J I ` � � �� � I EWT 0 E_A_ E IT f 6P_ • J_6r165 _ GT4Rn o „Am \•. , u 1 . 11 Lv 1 1 J 92 Yor� August 25, 1986 CITY COUNCIL AGENDA ITEM NO. F -15 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: REQUEST OF SAMUEL LINDSEY OF 211 EVENING CANYON ROAD TO CONSTRUCT RETAINIIIG WALLS AND STAIRS WITHIN A CITY SEWER EASEMENT CROSSING THROUGH THE MIDDLE OF THE 211 EVENING CANYON ROAD (LOT 124 OF TRACT 1116) RECOMMENDATIONS: 1. Approve issuance of an encroachment permit for construction of non - standard improvements. 2. Approve the encroachment agreement; authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: Samuel Lindsey, the owner of 211 Evening Canyon Road, is proposing to construct retaining walls and stairs within a sewer easement. Prior approval of City Council is required for private structural improvements such as retaining walls, raised planters, etc., in public easements or rights -of -way. The encroachment agreement will allow construction of the retaining walls and stairs within the public easement as approved by the Public Works Department. The property owner will be responsible for maintenance of the improve- ments and hold the City harmless of all liability for the non- standard improvements. jv�')g4 An exhibit isaattached for reference. �,� Nan Public Works Director RLH:Jd Att. APPROVED BY CITY COUINCiL DATE [--]'I L-1 II fg3 rt 'eYEN ING RD. sAmmexr July 28, 1986 TO: (1) CITY ATTORNEY (2) CITY CLERK FROM: Public Works Department SUBJECT:: ENCROACHMENT AGREEMENT FOR 211 EVENING CANYON ROAD Attacned are the following: 1. Original and two copies of an Enroachment Agreement. The Public Works Department has reviewed the agreement and has found it to be in order. Action requested: 1. City Attorney a, Approve the agreement as to form. b. Forward all copies to City Manager. 2, City Clerk a. Present agreement to City Council for approval. o. Have the Mayor execute the agreement, c. Have agreement recorded in the office of the Orange County Recorder. d. Retain original of agreement and bonds for your files and return all copies to the Public Works Department. Benjamin B. Nolan Public Works Director RLH:jd Att.