Loading...
HomeMy WebLinkAbout12 - Encroachment at 1021 Kings RoadCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: May 9, 2017 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Kathryne Cho, Civil Engineer, kcho@newportbeachca.gov 949-644-3014 TITLE: Request to Retain Existing Private Improvements within the Public Right -of -Way at 1021 Kings Road ABSTRACT: The property owners (Owners) of 1021 Kings Road (Site) are requesting to retain several existing non-compliant private improvements within the Kings Road public right-of-way including low planter walls of varying heights, a decorative mailbox pilaster, decorative driveway, grouted river rock bandings, two (2) steps down to the main entry, and a colored concrete walkway. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, and City Council Policy L-18, Protection of Water Quality: Drainage — Public Rights - of -Way, to allow the retention of planter walls, decorative mailbox, decorative driveway, grouted river rock bandings, two (2) steps, and colored concrete walkway within the Kings Road right-of-way; and c) 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 (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 12-1 Request to Retain Existing Private Improvements within the Public Right -of -Way at 1021 Kings Road May 9, 2017 Page 2 DISCUSSION: This request for a waiver of City Council policies was brought to staff's attention via a complaint received by Code Enforcement. Per staff's review, it has been determined that the existing private improvements are not consistent with City Council Policies L-6 and L-18. Several items have been taken into consideration in reviewing this matter: 1) No construction is currently being done at the Site; and 2) The existing private improvements do not presently diminish the rights of the public and there currently are no sidewalks along the Kings Road right-of-way nor current plans to install a sidewalk; and 3) Kings Road is not identified as a Significant Link Street in the City's Circulation System (Resolution No. 88-88); and 4) Requiring the Owners to enter into an Encroachment Agreement so as to allow the existing improvement to remain as requested, any liability associated with the existing private improvements is transferred to the Owners. Additionally, if the need for sidewalks should arise in the future, Owners have agreed to remove all encroachments, at no cost to the City. At this time, the Owners are requesting City Council approval to retain several existing private improvements at the Site. After much consideration, staff recommends the approval of this request. However, this recommendation is made under the condition that Owners agree to enter into an Encroachment Agreement. The existing private improvements include portions of three (3) planter/low walls of varying heights up to approximately 2.77 feet, one (1) 21 inches by 25.75 inches decorative mailbox pilaster, decorative driveway, grouted river rock bandings, two (2) 6 -foot -wide steps down to the main entry, and a 21 -foot -wide colored concrete walkway (see attached pictures). Owners purchased the property with the existing improvements in 2014. Said improvements have recently been refinished, but no additional improvements have been added. L-6 allows for private encroachments, up to 36 inches in height, to encroach up to 1 foot into the public right-of-way. Below is a quick overview of how each encroachment compares to the L-6 requirements: a. The existing planter walls are consistent with the height requirement, but they encroach up to 7.43 feet past the property line. b. The existing decorative mailbox pilaster measures 21 inches wide, 25.75 inches deep and 53 inches tall. The bottom of the mailbox opening is 1.5 inches lower than the U.S. Postal Service's requirement and pilaster depth is 1.75 inches deeper than the dimension allowed by L-6. c. Decorative driveway is consistent with L-6. 12-2 Request to Retain Existing Private Improvements within the Public Right -of -Way at 1021 Kings Road May 9, 2017 Page 3 d. River rock bandings will be grouted -in to be consistent with L-6. e. There are specific areas in the City where L-6 allows for stairs. However, said project site falls outside of the allowable area. The finish floor of the residence is lower than the street elevation; therefore, the steps are necessary for access. Owners have agreed to remove all electrical improvements within the Kings Road public right-of-way to be consistent with L-6. L-18 limits the amount of impervious material to 25% of the property's public right-of-way frontage, excluding the drive approach width. The existing colored concrete walkway exceeds the 25% allowable area. 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). ATTACHMENTS: Attachment A — Location Map Attachment B — Site Plan Attachment C — Site Photos Attachment D — City Council Policy L-6 Attachment E — City Council Policy L-18 Attachment F — Owner Letter dated February 23, 2017 12-3 215 ATTACHMENT A CLIFF DR rn v o :v reva ¢, a CD 0 .- a c, a r o � a m KINGS RD Cl cn .- c v c t- '� CD a ry F COASTyWV W cz L1 V - a co m v u7 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 12-4 �- cv �- `� a CD c v o :v reva ¢, a CD 0 .- a c, a r o � a m KINGS RD Cl cn .- c v c t- '� CD a ry F COASTyWV W cz L1 V - a co m v u7 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 12-4 CONCRETE PLANTER WALL 6.5" WIDE WALL WHITE STONE TILE FINISH Wf 10" WIDE BLACK STONE CAP MAX WALL H=210 VARIES 1' TO 3.5" STEP LOOSE ROCKS f_ 91.88 BC 2.1 IN GAP A -COLORED CONC- co 6' Z.. r COL L CONCw/ L6 ATTACHMENT B KINGS ROAD _ ST� CONCRETE PLANTER WALL 6.5" WIDE WALL WHITE STONE TILE FINISH W, j 10" WIDE BLACK STONE CAP MAX WALL H=2.77' STUCCO MAILBOX PAINTED TAN 21-WX26-DX56"H (MEASURED TO CAP) COLORED CONCRETE FROLLED CURB 92.09 BC LOOSE Z -COLORS Z r CONCH r w «i col �CD 11 CIF � Lq 90.39 FF ABBREVIATIONS F�_ /-59.81 TG ROCKS IN GAP CONCRETE WALL 6.5" WIDE STUCCO PAINTED TAN W/ 10 - BLACK STONE CAP MAX WALL H=1.89' 92.43 BC CL -COLORED Z CONC- aa ^ _ �ST Rt31INl - -- z 90.90 FS 89.82 TG_ q CENTERLINE W WIDE: CATV PB CABLE TV PULLBOX W% WITH D DEEP WM WATER DETER ICY IRRIGATION CONTROL VALVE GM GAS METER H HEIGHT MAX MAXIMUM "NOTES: N NORTH OF ELECTRICAL TO BE REMOVED FROM It PROPERTY LINE RIGHT OF WAY.. ST STREET LOOSE ROCK TO BE REMOVED OR ROW RIGHT OF WAY GROUTED WITHIN RIGHT OF WAY. 0 4 8 62%iiii I W=a. N G LED -N ENCROACHMENT PERMIT EXHIBIT 1 021 KINGS BOAC? Cipil Frt,qiof + 4urnPdunni.q 03110117 12-5 FYA4 i��a P i ��. � �..� � �,-✓ P .. � yr _ `1 I I',_ .19 le i .pyrt s..y, pip �x J .K SITE PHOTOS 1021 KINGS ROAD ATTACHMENT C 12-7 ATTACHMENT D 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 12-8 ATTACHMENT D 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 12-9 ATTACHMENT D 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 12-10 ATTACHMENT D L-6 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. 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. 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. 4 12-11 ATTACHMENT D L-6 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 k 12-12 ATTACHMENT D L-6 Amended - May 8, 2001 Amended - January 27, 2015 12-13 PROTECTION OF WATER QUALITY: DRAINAGE - PUBLIC RIGHTS-OF-WAY PURPOSE ATTACHMENT E L-18 This policy, along with Policy L-22 (Water Quality Management Plans), is intended to minimize dry -weather runoff and runoff from small rain events (collectively referred to as "runoff" in this Policy) in an effort to improve water quality of Newport Bay, water quality -limited receiving waters (like Buck Gully) and the near -shore ocean environment. The motivation for this Policy, in addition to the community's interest in clean water, is in part the adoption of regulations upon the City of Newport Beach by the California Regional Water Quality Control Board, Santa Ana Region ("Regional Board") contained in the Regional Board's Order, NPDES No. CAS618030. FINDING Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and washdowns of hardscape areas contribute flow to the street drainage systems and natural watercourses which then convey pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into surface waters. POLICY Whenever possible, runoff should be retained on private property to prevent the transport of these pollutants in the manner described below. Reduction, retention or diversion of runoff can benefit property owners through water conservation and reuse of water that would otherwise drain to the City's street drainage system and our harbors, bays, and ocean. A. Curb Drains. Curb drains have been utilized as a means of draining sump areas and roof drains within a property by conveying flows via subsurface piping systems to the curb gutter. Curb drains typically convey runoff directly to the City's street drainage system without the benefit of absorption by permeable surfaces and natural treatments such as landscaped areas and planters. Whenever possible, runoff shall be diverted through planted areas or sumps that recharge the groundwater. The use of permeable surfaces affords the opportunity to use the natural filtration properties of the earth to prevent the 1 12-14 ATTACHMENT E L-18 transport of harmful pollutants directly to our water resources. The use of curb drains to drain private residential and commercial property shall only be permitted as follows: 1. New Development/ Redevelopment - see Policy L-22. 2. Reconstruction or Grading of Existing Properties - The grading/ drainage for additions and/or modifications to existing properties including the construction of patios, decks, roof drains, downspouts, gutters or substantial grading remodel (grading affecting over 50% of the existing yard/ setback areas that alter existing drainage patterns) shall be designed to retain and/or direct urban runoff into planted/ permeable areas. Curb drains and subsurface piping shall be permitted for secondary or overflow of hardscape or planted areas to prevent dwellings from flooding due to significant (defined for this Policy as more than 3/4" of rain in any 24- hour period) storm events only. Curb drains may be permitted to correct existing drainage problems on a case-by-case basis after all reasonable alternatives are explored. Curb drains, when approved, shall have a French drain system of perforated pipe and gravel unless site-specific circumstances endanger public safety so as to prohibit its use as determined by the Public Works Director. B. Parkway, permeability. The City's parkway areas represent the last opportunity to retain and allow urban runoff to percolate into the earth before entering the City's street drainage system. Non -sidewalk areas within the City's parkway areas (defined as the area between the curb and the street right of way/property line) shall utilize permeable surfaces that permit the percolation of urban runoff. Non -permeable parkway surfacing within the area between the street curb and sidewalk for decorative (non -pedestrian) purposes, installed at grade, not to exceed 25% of the parkway area (between back of curb and sidewalk) less driveways when installed in conjunction with landscaping, irrigation, and street trees is permitted in accordance with Council Policy L-6. Decorative materials include colored, stamped, and patterned concrete; brick, pavers, and stone masonry, pavers, flat stone, and brick set in sand; and other materials as approved by the Public Works Department. C. Down Slope Drains. Wherever practical, private property drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or greater). The design shall include: M 12-15 ATTACHMENT E L-18 1. Hydrological and hydraulic calculations in conformance with the latest edition of the Orange County Drainage Design Manual; 2. Subsurface piping system utilizing approved piping materials which incorporate sealed joints; 3. The drainage system shall have a French drain system of perforated pipe and gravel, or similar device to percolate low flow urban runoff unless site- specific circumstances endanger public safety or improvements so as to prohibit its use as determined by the Public Works Director and/or the project soils engineer does not allow percolation; and 4. Any permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. The property owner will accept responsibility to maintain the slope drainage facility and will execute a non-standard permit agreement with the City. The City reserves the right to revoke this agreement at any time for non-compliance. D. Sump Pump discharges into the public right of way. Permanent sump pump discharges shall be permitted as follows: 1. Permitted sump pump discharges shall be filtered and piped directly to the City' storm drain system. Connections to the city's storm drain shall be in accordance with City standards and executed under a valid encroachment permit from the Public Works Department. 2. The permittee and the City have executed a non-standard permit agreement which authorizes the City to revoke the permit at any time for non-compliance. 3. Discharges from permanently installed sump pumps of basement garage spaces (areas with motor vehicle storage) shall not be permitted within the public right of way. 4. Storage areas and living areas below natural grade as permitted by the Building Division may discharge sump pump flow into the City's street drainage system provided that: 3 12-16 ATTACHMENT E L-18 • The property owner show evidence of all approved permits as required by the Regional Water Quality Control Board and other jurisdictional agencies; • The discharge flow must not be continuous and be shown to be less than five (5) gallons per day; and • The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. E. Construction Dewatering. Construction dewatering as permitted by the Building Division may discharge pump flow into the City's street drainage system provided that: • The property owner show evidence of all approved permits as required by the Regional Board and other jurisdictional agencies; • The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth; and • An encroachment permit is executed in accordance with City Council Policy L-6, including authorization for the City to revoke this permit at any time for non-compliance. Adopted - April 23, 2002 Amended - September 27, 2011 0 12-17 ATTACHMENT F 1021 Kings Rd. Newport Beach, CA 92663 February 23, 2017 City of Newport Beach Re: Encroachment Permit N2016-0594 Dear City of Newport Beach: We are requesting an encroachment permit for our home residence at 1021 Kings Rd. We have purchased the house in 2014 with all existing structures (planters and mailbox) already in place. We have simply resurfaced a few for some curb appeal. We have not added any new structure to the existing area. We understand the property restrictions and hope you can grant us this permit on this basis. Sincerely, Pao" 928Ct2l" 12-18