HomeMy WebLinkAbout11 - Public Right -of Way at 1011 Kings RoadTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY
PHONE:
TITLE:
ABSTRACT:
June 12, 2018
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Abby Cooke, Assistant Engineer, acooke _newportbeachca.gov
949-644-3323
Request for Policy Waiver to Install Private Improvements within the
Public Right -of Way at 1011 Kings Road
The property owners (Owners) of 1011 Kings Road (Site) are requesting a waiver of City
Council Policy L-6 to install a planter wall and two (2) sets of steps down to a lowered main
entry landing within the Kings Road public right-of-way.
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, to
allow the installation of a planter wall and steps within the Kings Road right-of-way,
contingent upon all conditions of the Encroachment Permit process being met; and
c) Direct Staff to enter into an Encroachment Agreement with the 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.
DISCUSSION:
The Owners of 1011 Kings Road are requesting a waiver of Council Policy L-6 to install a
planter wall and two (2) sets of steps down to the lowered main entry within the Kings Road
public right-of-way.
City Council Policy L-6 states 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. Staff found the
proposed private improvements do not diminish the rights of the public as there are no
existing sidewalks along the Kings Road right-of-way nor current plans to install a sidewalk.
Request for Policy Waiver to Install Private Improvements within the
Public Right -of Way at 1011 Kings Road
June 12, 2018
Page 2
The stairs and walls are also set back approximately 6 feet which would allow room for a
future sidewalk should it be desired.
City Council Policy 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 an overview of how each
encroachment compares to the L-6 requirements:
a. The planter wall, used for retaining purposes, is a maximum height of 47.5 inches
and encroaches up to 5 feet past the property line. The maximum exposed height of
the planter wall is 24 inches.
b. There are specific areas in the City where L-6 allows for stairs. However, the project
site falls outside of the allowable area. The finish floor of the residence is lower than
the street elevation; therefore, steps are necessary for access.
In addition to the above-mentioned encroachments, Owners are requesting to install an at
grade decorative concrete landing, which is consistent with City Council Policy L-6 with the
execution of an encroachment agreement.
The Owners currently have an encroachment agreement (O.R. 2017000094284) for the
realignment of a City sewer, encroachments on and over a dedicated 15 -foot sewer
easement, and a decorative driveway. Said encroachment agreement was approved by City
Council on March 8, 2016.
Staff recommends approval of this request. This recommendation is made under the
condition that Owners agree to enter into an Encroachment Agreement.
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.
I'Ll[eId[011I0rev
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
Attachment C
— City Council Policy L-6
11-2
ATTACHMENT A
719
' - + c ASS NWY W -
ON
CITY OF NEWPORT BEACH
LOCATION MAP PUBLIC WORKS DEPARTMENT
1011 KINGS ROAD N2018-0239 JUNE 12, 2018
O
M
ATTACHMENT B
1 Enroachment and Street Improvement Site Plan
1/8" = 1'-0"
Z
C-
U Q)
U � m
L
�
U-
W U)
0-50)
U .E E-
cn
O
zC:)
;_
0
_ 0
co 5
N
U
Uclii
cv
U 7v
a� Cn
m ca
CUN
I—
Q<
co MJ
N i
L
!Q U) `�
U)
� 0
J a O
U) Q N
� LL
Q00 M M
REP -1
Revocable Encroachment Permit
11-4
1011 Kings Road
Kings Road Right of Way
10'-10 1/4" PL to Curb
'-0" Curb
Paved Street
- —
L% I
-
II
D
N
II
II
II
�
N
11�
N
O W
U
r O
G� c„n
T
(n) driveway and approach Z
I1 °
approved under separate permit c°„' o
O
=
W Cf)
Ilv
1
Cn
(e) water line in Kings Rd. _
\
R.O.W. - verify size and M
` 5'-0" encroachment
o_
11
location in field
u 4'-0"encroachment
I
N
(n) decorative concrete stairs on grade
CD
I I
6" riser, 1' tread w/ 1" nosing overhang
iv ± 92.36' top step
I I
M
o
(n) decorative concrete path on grade
44 cov
Co
a)
g
NCLIIV
-n Cn
ic)
1 1�
G7 n
4-
1
EP
11
93.67'T.O.W. - ^^Z
1. n
91.62' F.S. V J
o =
(n) concrete planter
1
wall max 5'-0" encroachment T
92.62' top step��'
z
into street R.O.W.
See 5/REP-2 for additional info O
II
(n) concrete stairs on grade
0
11
6" riser, 1' tread w/ 1"
11
II
II
nosing overhang
4'-4" [Er'wall
II
1
°=
11
Max/5--o"
encroachment into R.O.W.
�
II
II
;
(n) street tree approved under
�
separate permit - maintain
IPI
5'-0" clear
II
/
W
II
NOTE: Decorative concrete,
p
w w
where noted shall be acid
� C
GD
N CJl
washed finish w/ topcast #3
r
G n
1 Enroachment and Street Improvement Site Plan
1/8" = 1'-0"
Z
C-
U Q)
U � m
L
�
U-
W U)
0-50)
U .E E-
cn
O
zC:)
;_
0
_ 0
co 5
N
U
Uclii
cv
U 7v
a� Cn
m ca
CUN
I—
Q<
co MJ
N i
L
!Q U) `�
U)
� 0
J a O
U) Q N
� LL
Q00 M M
REP -1
Revocable Encroachment Permit
11-4
5
Z L 3
W
�W
N
�t Q)
D'Eliscu Residence
New Single Family Residence
1011 Kings Rd. Newport Beach, CA 92663
a4
"4 BARS Q
12" O.G..EACN WAY
(o" CONCRETE WALL
rr
- J
IS' nl 0
10
PLANTER WALL
Q'�'pf ESSIO q/
A
w 1�68�0 A
s CIO
OFC
N
ESI/FME
REP - 2
Revocable Enroachment Permit
P.L.
10'-9 1/2" PL to Curb and Gutter
-0" max encroachment 5-9 1/2" to curb and gutter
V.I.F. 4'-2" wall tol(E) water line
93.67' T.O.W
1 Entry Planter Wall Section
1/4" = 1'-0"
Z
U
U N
U CO
Q
� U-
a) cn
U 5 �
U .0 Y
u)
W
OzCD
E
0
_ U
Cfl N
CO U
N
U �
� U
U � N
N
C- C a)
L CZ
QJ
N
a) _0
Cf
U) 2(D
J a o
>
(n Q00
N
LL
Q M M
REP - 3
Revocable Encroachment Permit Section
11-6
(E) Curb and gutter
PavedStreet
I I}
(e) water line in Kings
C5
`-- --'
Rd. R.O.W. - verify size
F
and location in field
O
�
C�
2
\ (n) concrete planter wall max 5'-0"
L
CU
EP - X
encroachment into street R.O.W.
X
CO
See 5/REP-2 for additional info
N
M
i
r
r
M
1 Entry Planter Wall Section
1/4" = 1'-0"
Z
U
U N
U CO
Q
� U-
a) cn
U 5 �
U .0 Y
u)
W
OzCD
E
0
_ U
Cfl N
CO U
N
U �
� U
U � N
N
C- C a)
L CZ
QJ
N
a) _0
Cf
U) 2(D
J a o
>
(n Q00
N
LL
Q M M
REP - 3
Revocable Encroachment Permit Section
11-6
ATTACHMENT 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/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
11-7
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 O erations
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
11-8
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
11-9
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.
L 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.
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.
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
11-10
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 - 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
5
L-6
Amended - May 8, 2001
Amended - January 27, 2015
11-12