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HomeMy WebLinkAbout10 - Private Improvements in ROW at 500 El Modena�EWPORr== CITY OF � e z Mr`s i NEWPORT BEACH C'QCIFO M1N�P City Co uncH Stiff Report Agenda Item No. 10 July 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kathryne Cho 949-644-3014, kcho@newportbeachca.gov APPROVED: Ate_ TITLE: Request to Install Private Improvements Within the Public Right -of - Way at 500 EI Modena Avenue ABSTRACT: The property owners at 500 EI Modena Avenue request to install a white picket fence with pilasters and gates within the EI Modena Avenue and Clay Street rights-of-way. RECOMMENDATIONS: 1. Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow a white picket fence with pilasters to encroach up to 7 feet into the EI Modena Avenue and Clay Street rights-of-way, contingent upon all conditions of the Encroachment Permit process being met. 2. Direct staff to revise the existing Encroachment Agreement (O.R. 2011000431826), which currently allows for decorative pavers in the EI Modena Avenue right-of-way, to include the new proposed improvements and authorize the City Manager and City Clerk to execute the revised Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property is located on the northeasterly corner of EI Modena Avenue and Clay Street, an intersection where EI Modena Avenue is stop controlled, but Clay Street is not controlled. The property owners are requesting approval to install a white 36 -inch tall picket fence with 42 -inch tall pilasters and gates encroaching up to 7 feet into the EI I of 6 Request to Install Private Improvements Within the Public Right -of -Way at 500 EI Modena Avenue July 09, 2013 Page 2 Modena Avenue and Clay Street rights-of-way, to enclose the property's front yard. Public Works and Municipal Operations staff worked with the applicants to develop a plan that is beneficial for the property owner and satisfies staff concerns, specifically tree maintenance and sight distance issues. Currently, there are no sidewalks along the EI Modena Avenue and Clay Street rights- of-way, and neither of these streets has been identified as a Significant Link Street in the City's Circulation System (Resolution No. 88-88). The proposed design could accommodate a future 5 -foot wide standard City sidewalk installed at the back of curb without impacting the proposed private improvements. Finally, the proposed picket fence, pilasters and gates do not diminish the rights of the public, present and future. The property owner will need to enter into an Encroachment Agreement with the City which would permit the City to terminate rights granted at any time in the future and could require the removal of the picket fence, pilasters and gates. 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). Submitted by.- David y:David A. Webb Public Works Director Attachments: A. B. C. Vicinity Map Proposed Plan Project Site Photos 2 of W O m ATTACHMENT A G 41 _ ATTACHMENT A PROPOSED PLAN - PLAN VIEW Notes: All heights listed refer to top ol nearest curb as grade. All material is 36 -inch high from grass level Fence shall be at a 45 degree angle at the property line corner. 12' 6'-2" j 5'-10I 36" T A PICK I 500 EL MODEINA 20" x 20" P/L IS CURB 20" x 20" EL MODENAAVENUE ATTACHMENT B E- 12' � � L T 5' r, L U Cl: LL PILASTERS E C • � �� � �.! _ �P `s/ g� �; -.T.. 3jC� — r - _ - $"- �. a` t v F:, > �� ax r T< �- -.- r _ 1 �4 _ _ l� AMENDED VERSION OF CONTRACT NO. C-6009 NEVER ENTERED INTO 7/9/2013 Council Meeting