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HomeMy WebLinkAbout07 - Request to Install Private Improvements within a Proposed New Sewer Easement at 1011 Kings Road - MemoMEMORANDUM Date: March 8, 2016 To: Honorable Mayor & Members of City Council From: David A. Webb, Public Works Director Subject: Regular Meeting March 8, 2016, Agenda Item 7 — Public Works Request to Install Private Improvements within a Department Proposed New Sewer easement at 1011 Kings Road Since the posting of the agenda, the Public Works Department has revised the staff report per the request of the Owners of 1011 Kings Road. This clarifies that the additional easement is a future easement and is a irrevocable offer to dedicate. A redline draft of the revised staff report hereto as Attachment 1. Staff recommends that you approve this item as amended, and have provided a final draft of the staff report in Attachment 2. Submitted by: David A. Webb Public Works Director c:\users\jmulvey\appdata\local\microsoft\windows\temporary internet files\content.outlook\6wjcitc6\memo to council for 1011 kings road.docx ATTACHMENT A SEW POR CITY O F T z NEWPORT BEACH rq</FORN�P City Council Staff Report March 8, 2016 Agenda Item No. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road ABSTRACT: The owners of 1011 Kings Road (Owners) are planning to redevelop the subject property with a new single-family dwelling unit. The property is encumbered by an existing City sewer main and easement bisecting the property that limits their proposed development of their property. The Owners are proposing to realign the City sewer main and sewer easement in order to accommodate their proposed redevelopment project. RECOMMENDATIONS: a) Find the easement realignment and replacement sewer construction exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) Direct owner to realign the existing City sewer main as proposed to accommodate their proposed redevelopment of the property and to provide a new applicable sewer easement. Direct staff to process and record the new sewer easement. Authorize the City Manager and City Clerk to execute the acceptance of the new easement; c) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of - Way, to allow the installation of stairs, handrails, pre -cast concrete stepping pads, low retaining wall, curbs, balcony with handrails and shade structure on or over a proposed new sewer easement, contingent upon all conditions of the Encroachment Permit process being met; Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 2 d) Direct staff to enter into an Encroachment Agreement with Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one calendar year upon receipt of approval. e) Direct owner to provide an irrevocable offer of dedication to provide a new 15 - foot -wide sewer easement located along the southerly property line for future sewer purposes. Direct staff to process the irrevocable offer of dedication for a new sewer easement and authorize the City Manager and City Clerk to execute the acceptance of the irrevocable offereasement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Owners of 1011 Kings Road are planning to redevelop the subject property with a new single-family dwelling unit. The property is encumbered by an existing city sewer main and easement mid -slope and bisecting the property. The Owners are proposing to realign the sewer main and sewer easement in order to accommodate their proposed redevelopment project. The Owners have worked with Public Works and Municipal Operations Department staff to ensure that the proposed sewer design will accommodate future maintenance and reconstruction. The Owners have agreed to provide the City with an additional 15 -foot -wide easement along the southerly property line for future sewer purposes. The long term goal of the City is to relocate the mid - slope sewer line that bisects the properties along the south side of Kings Road to the southerly property lines. The Owners have also filed a variance application requesting relief from the 24 -foot height limit primarily due to constraints on the building footprint created by the easement and sewer main. Portions of the owners' new home would exceed the 24 -foot height limit for flat roof structures by approximately 8 feet. The variance application will be considered by the Planning Commission at a noticed public hearing on March 17, 2016 should this city sewer relocation be approved. The Owners propose to install pre -cast concrete stair pads, wood and steel handrails with fence post style footings, a 4.83 -foot -tall retaining wall, a 2 -foot -tall curb, balcony with handrails, and shade structure within and above the new sewer easement. The footings for the home and balcony are located outside the proposed sewer easement and shall be designed to accommodate future reconstruction of the sewer main and manholes. The balcony and shade structure will project over the new sewer main alignment with the exception of two small areas over the manholes. The balcony shall provide a minimum clearance of 10 feet above finish grade. The shade structure is Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 3 proposed to have a minimum clearance height of 23.5 feet above finish grade within the sewer easement area. The final clearance height of the shade structure will be based upon Planning Commission's decision on the variance request, but shall not provide less than 10 feet of clearance above grade. Per City Council Policy L-6, all structural encroachment including stairs, handrails, walls, curbs, balconies and shade structures are prohibited within the easement. In addition to the above-mentioned encroachments, Owners are requesting to install at grade pre -cast concrete stepping pads in various locations, which is consistent with City Council Policy L-6 with execution of an encroachment agreement. Staff recommends approval of this request, as the proposed improvements do not diminish the present or future rights of the public. This recommendation is made under the condition that Owners agree to enter into an Encroachment Agreement,. -and provide tea new sewer easements and an irrevocable offer of dedication to provide a 15 -foot wide easement for future sewer purposes. Upon completion of the sewer realignment, staff will return to City Council for the vacation of the existing sewer easement. Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find the easement realignment and replacement sewer construction (project) exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The project would be located in the same location on the property and will have the same capacity and function as the easement and sewer line replaced. The easement and sewer realignment has no potential to have a significant environmental effect. The realigned easement and sewer line is directly related to the applicant's plan to demolish the existing single-family home and construct a new, replacement home. The demolition and construction would be exempt from CEQA pursuant to Section 15302 (Replacement or Reconstruction) and Section 15303 (New Construction or conversion of small structures). The future construction replaces a structure with a similar structure with the same use substantially the same capacity on the same property. In urbanized areas, Section 15303(a) and (d) allow up to three single-family homes, including necessary utility systems of reasonable length to be constructed on a single parcel. Staff finds that there are no special circumstances related to the property that would suggest the demolition and construction of a new home, including the realigned easement and sewer line, would have a significant environmental effect. 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: Attachment A — Location Map Attachment B — Project Plans — Architectural Attachment C — Project Plans — Preliminary Grading Attachment D — Existing Easement to be Vacated Attachment E — New Sewer Easements Attachment F — New Sewer Alignment Plans Attachment G — City Council Policy L-6 ATTACHMENT B SEW POR CITY O F T z NEWPORT BEACH rq</FORN�P City Council Staff Report March 8, 2016 Agenda Item No. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road ABSTRACT: The owners of 1011 Kings Road (Owners) are planning to redevelop the subject property with a new single-family dwelling unit. The property is encumbered by an existing City sewer main and easement bisecting the property that limits their proposed development of their property. The Owners are proposing to realign the City sewer main and sewer easement in order to accommodate their proposed redevelopment project. RECOMMENDATIONS: a) Find the easement realignment and replacement sewer construction exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) Direct owner to realign the existing City sewer main as proposed to accommodate their proposed redevelopment of the property and to provide a new applicable sewer easement. Direct staff to process and record the new sewer easement. Authorize the City Manager and City Clerk to execute the acceptance of the new easement; c) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of - Way, to allow the installation of stairs, handrails, pre -cast concrete stepping pads, low retaining wall, curbs, balcony with handrails and shade structure on or over a proposed new sewer easement, contingent upon all conditions of the Encroachment Permit process being met; Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 2 d) Direct staff to enter into an Encroachment Agreement with Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one calendar year upon receipt of approval. e) Direct owner to provide an irrevocable offer of dedication to provide a 15 -foot - wide sewer easement located along the southerly property line for future sewer purposes. Direct staff to process the irrevocable offer of dedication for a sewer easement and authorize the City Manager and City Clerk to execute the acceptance of the irrevocable offer. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Owners of 1011 Kings Road are planning to redevelop the subject property with a new single-family dwelling unit. The property is encumbered by an existing city sewer main and easement mid -slope and bisecting the property. The Owners are proposing to realign the sewer main and sewer easement in order to accommodate their proposed redevelopment project. The Owners have worked with Public Works and Municipal Operations Department staff to ensure that the proposed sewer design will accommodate future maintenance and reconstruction. The Owners have agreed to provide the City with an additional 15 -foot -wide easement along the southerly property line for future sewer purposes. The long term goal of the City is to relocate the mid - slope sewer line that bisects the properties along the south side of Kings Road to the southerly property lines. The Owners have also filed a variance application requesting relief from the 24 -foot height limit primarily due to constraints on the building footprint created by the easement and sewer main. Portions of the owners' new home would exceed the 24 -foot height limit for flat roof structures by approximately 8 feet. The variance application will be considered by the Planning Commission at a noticed public hearing on March 17, 2016 should this city sewer relocation be approved. The Owners propose to install pre -cast concrete stair pads, wood and steel handrails with fence post style footings, a 4.83 -foot -tall retaining wall, a 2 -foot -tall curb, balcony with handrails, and shade structure within and above the new sewer easement. The footings for the home and balcony are located outside the proposed sewer easement and shall be designed to accommodate future reconstruction of the sewer main and manholes. The balcony and shade structure will project over the new sewer main alignment with the exception of two small areas over the manholes. The balcony shall provide a minimum clearance of 10 feet above finish grade. The shade structure is Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 3 proposed to have a minimum clearance height of 23.5 feet above finish grade within the sewer easement area. The final clearance height of the shade structure will be based upon Planning Commission's decision on the variance request, but shall not provide less than 10 feet of clearance above grade. Per City Council Policy L-6, all structural encroachment including stairs, handrails, walls, curbs, balconies and shade structures are prohibited within the easement. In addition to the above-mentioned encroachments, Owners are requesting to install at grade pre -cast concrete stepping pads in various locations, which is consistent with City Council Policy L-6 with execution of an encroachment agreement. Staff recommends approval of this request, as the proposed improvements do not diminish the present or future rights of the public. This recommendation is made under the condition that Owners agree to enter into an Encroachment Agreement, provide a new sewer easement and an irrevocable offer of dedication to provide a 15 -foot wide easement for future sewer purposes. Upon completion of the sewer realignment, staff will return to City Council for the vacation of the existing sewer easement. Request to Install Private Improvements Within a Proposed New Sewer Easement at 1011 Kings Road March 8, 2016 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find the easement realignment and replacement sewer construction (project) exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The project would be located in the same location on the property and will have the same capacity and function as the easement and sewer line replaced. The easement and sewer realignment has no potential to have a significant environmental effect. The realigned easement and sewer line is directly related to the applicant's plan to demolish the existing single-family home and construct a new, replacement home. The demolition and construction would be exempt from CEQA pursuant to Section 15302 (Replacement or Reconstruction) and Section 15303 (New Construction or conversion of small structures). The future construction replaces a structure with a similar structure with the same use substantially the same capacity on the same property. In urbanized areas, Section 15303(a) and (d) allow up to three single-family homes, including necessary utility systems of reasonable length to be constructed on a single parcel. Staff finds that there are no special circumstances related to the property that would suggest the demolition and construction of a new home, including the realigned easement and sewer line, would have a significant environmental effect. 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: Attachment A — Location Map Attachment B — Project Plans — Architectural Attachment C — Project Plans — Preliminary Grading Attachment D — Existing Easement to be Vacated Attachment E — New Sewer Easements Attachment F — New Sewer Alignment Plans Attachment G — City Council Policy L-6