HomeMy WebLinkAbout03/14/1988 Item #F-18March 14, 1988
BY {HE GITti"'
;CITY COUNCIL AGENDA
CITY OF NEWPORT fI��IA EM NO. F-18
M A R 14 1988
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: APPLICATION OF SID SOFFER TO ALLOW AN EXISTING FRONT DOOR TO ENCROACH
36 INCHES INTO THE PUBLIC RIGHT-OF-WAY OF 21ST PLACE WHEN THE DOOR IS
OPENED; TO PROVIDE AND MAINTAIN A BENCH IN THE PUBLIC RIGHT-OF-WAY
ADJACENT TO THE DOOR; AND TO PERMIT AN EXISTING REAR STAIRWAY TO
ENCROACH APPROXIMATELY SIX (6) FEET INTO AN ALLEY CORNER CUT-OFF UNTIL
SUCH TIME AS A UTILITY POLE IS REMOVED AND UTILITIES ARE
UNDERGROUNDED. (EP -88-56)
RECOMMENDATION:
If desired,
1. Approve an Encroachment Permit for non-standard improvements sub-
ject to the execution of an Encroachment Agreement for non-
standard improvements.
2. Approve an Encroachment Agreement for non-standard improvements,
authorize the Mayor and City Clerk to execute the Agreement and
direct the City Clerk to have the Agreement recorded in the Office
of the Orange County Recorder.
DISCUSSION:
The applicant's property has a reconstructed door in the front of his
building which encroaches into 21st Place when open and has a stairway at the
rear which encroaches into the alley corner cut-off at the intersection of two
alleys. The location is shown on the attached sketch.
The applicant has cited that a previous encroachment agreement between
the City and Rick Lawrence permitted the installation of a bench adjacent to the
previous door that projected into the 21st Street right-of-way. The bench protected
pedestrians from being hit by the door when opened.
The applicant bases his request to allow the stairway to remain in the
alley corner cut-off on the fact that an existing power pole prevents vehicles
from using the alley corner cut-off.
Council Policy L-6, "Private Encroachments in Public Rights -of -Way,"
provides that it is the general policy of the City that the rights of the
public, present and future, are not to be diminished by the installation of pri-
vate improvements within the public rights-of-way.
The Encroachment Agreement has the following provisions:
1. That the front entry door have a glass panel providing a view of
pedestrians outside the front entry door to protect passing
pedestrians from the swinging front door.
2. That the Owner provide and maintain a bench outside the front
entry door to protect passing pedestrians from the swinging front
door. The bench design shall be approved by the Public Works
Department and shall not have any advertising on it.
3. That the owner shall modify the existing stair railing and frame
at the base of the existing stairway so that it will not extend
beyond the bottom step.
4. That in the event the City removes all non-standard improvements
(lights, benches, bike racks, and planters) along 21st Place, the
owner shall modify the front entry door so that it will not
encroach in excess of one (1) foot into the 21st Place right-of-
way upon 90 days written notice from the City.
5. That in the event that the existing power pole located adjacent to
the stairway in the existing alley corner cut-off is removed, the
owner shall remove the stairway from the public right-of-way
within 90 days.
6. That the owner will be responsible for maintenance of the non-
standard improvements and hold the City harmless of all liability
for the non-standard improvements and provide an insurance policy
that names the City as an additional insured concerning the
encroaching improvements.
�2,
Benjamin B. Nolan
Public Works Director
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