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FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
January 9, 2018
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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 Retain Existing Improvements within the Public Right -of -
Way Adjacent to 900 Avocado Avenue
ABSTRACT:
The Irvine Company (Owner/Applicant) requests to retain an existing planter wall within
public right-of-way located at the corner of East Coast Highway and Avocado Avenue
adjacent to 900 Avocado Avenue. The City and Owner have no record of an
encroachment agreement for the existing planter wall.
RECOMMENDATION:
a) Determine that the 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 it 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 Right -of -Way, to
retain an existing planter wall that encroaches in excess of 1 -foot into the public right-
of-way at the corner of East Coast Highway and Avocado Avenue; and
c) Direct staff to enter into an Encroachment Agreement with the Owner, 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.
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Request to Retain Existing Improvements within the
Public Right -of -Way Adjacent to 900 Avocado Avenue
January 9, 2018
Page 2
DISCUSSION:
The Owner recently submitted plans for site improvements at the Corona Del Mar
Shopping Center located at 810 to 984 Avocado Avenue. As part of the plan review,
staff identified an existing planter wall located within the public right-of-way. The City and
Owner have no record of an encroachment agreement for the existing planter wall. The
Owner is requesting a waiver of City Council Policy L-6 to retain an existing 2.4 -foot tall
by 102 -foot long planter wall that encroaches up to 12.3 -feet into the public right-of-way
at the corner of East Coast Highway and Avocado Avenue. Based on the information
provided by the Owner, the wall was constructed in 1997. The Owner is also proposing
to install decorative carriage walks along the Avocado Avenue frontage that are
consistent with the City Council Policy.
City Council Policy L-6, "Private Encroachments in Public Rights -of -Way" explains and
describes how 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. The Policy specifies
allowable and prohibited encroachments and describes the required permits or
encroachment agreements.
In Section A, which outlines the general encroachment prohibitions, "...structural
encroachments including fences, walls, patios, raised planters, etc., which encroach in
excess of 1 -foot into the public right-of-way or exceeds 3 feet in height..." are prohibited.
The Owner is requesting City Council consideration for waiver of this policy to allow the
retention of the planter wall that encroaches up to 12.3 -feet into the East Coast Highway
and Avocado Avenue public rights-of-way.
Staff has reviewed this request and supports this policy waiver. In staff's review of the
existing site conditions, the existing improvements do not hinder the use of the public right
of way, including sidewalks. The retention of the various improvements will not diminish
the rights of the public, present and future, at these locations.
Should the City Council elect to approve the waiver and retention of the said private
improvements and appurtenances, staff recommends that the City Council require the
Owner to enter into an encroachment agreement with the City. The encroachment
agreement specifies the rights of the City including future removals and the
responsibilities of the property owner. The encroachment agreement is recorded onto
the property's title and provides important notice and protections for the City and for the
current and future property owners.
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Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15060(c)(3) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
4-2
Request to Retain Existing Improvements within the
Public Right -of -Way Adjacent to 900 Avocado Avenue
January 9, 2018
Page 3
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
— Applicant Letter
Attachment C
— Plans
Attachment D
— Site Photos
Attachment E
— City Council Policy L-6
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ATTACHMENT A
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5 Stantec
December 7, 2017
File: 2042464500
Attention: David Keely
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
Stantec Consulting Services Inc.
38 Technology Drive, Suite 100, Irvine CA 92618-5312
Reference: Corona Del Mar Shopping Center- Planter Wall - ENCROACHMENT PERMIT
Dear David,
As requested, in association with Plan Check #2375-2017 for site improvements at Corona Del Mar
Shopping Center, we are submitting for an Encroachment Agreement / Permit for an existing planter
wall located within the public right-of-way. The wall in question, constructed in 1997, encroaches over
the Avocado Avenue right -of -way -line at the corner of Avocado Avenue and Pacific Coast Highway.
This wall, likely constructed to hold back excessive grade at the corner, is approximately 2' tall though
this section and follows the back of the sidewalk. Related plans for the construction of the wall include
a precise grading plan, PC#851 G97, which defers grading in the area in question to a landscape plan,
PC#851 L97. The sidewalk was improved as part of the Avocado Avenue street improvements, R -5649-S
in around 1990. The City of Newport Beach does not have any records of an encroachment
agreement on file for this wall, hence this permit submittal.
The improvement plans we submitted for review as Plan Check #2375-2017 (currently in process) only
include scope located behind this already established planter wall. No modifications to the existing wall
are proposed in the encroaching segment. The scope of the currently proposed improvements
includes the removal and replacement of landscape planting, as well as voluntary hardscape
improvements to address accessibility compliance issues at the Center. The improvements aim to
improve the existing access routes and only minimally modify lengths and alignments to achieve
compliant slopes and gradients. The scope of work includes moving the landings for the existing access
stairs and ramps to the Irvine Company side of the property line as requested, however the portions
tying into the public walk are proposed to be set with concrete pavers. We have been informed that
completing this work will require an encroachment permit, and therefore request that these proposed
paver transitions connecting the privately -owned portions to the public walk be included in this
encroachment request.
Exhibits have been provided for your reference to demonstrate the scope of the encroachment. Please
do not hesitate to contact me should you require any additional information or documentation to
complete your review.
Sincerely
STANTEC CONSULTING SERVICES INC.
Brandon Ostrom
Project Manager
Stantec
38 Technology Drive Suite 100, Irvine CA 92618-5312
Phone: (949) 923-6160
Cell: (949) 294-9074
brandon.ostrom@stantec.com
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41.
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.
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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
4-10
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
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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.
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.
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.
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4-12
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
5
4-13
L-6
Amended - May 8, 2001
Amended - January 27, 2015
4-14