Loading...
HomeMy WebLinkAbout08 - Private Improvements at 3400 Ocean BlvdCITY OF Q SEW POQr z NEWPORT BEACH Cq< /F00.�`P City Council Staff Report Agenda Item No. 8 January 14, 2014 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3330, dawebb (a)newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer 949 - 644 -3349, dkeely(a)newportbeachca.gov APPROVED: TITLE: Request to Retain Existing Private Improvements Within the Public Right -of -Way at 3400 Ocean Boulevard ABSTRACT: Property owners of 3400 Ocean Boulevard request to retain existing private improvements within the Marigold Avenue public right -of -way. RECOMMENDATIONS: 1. Waive City Council Policy L -6, Private Encroachments in the Public Rights -of- Way, to allow block walls, railings and entry stairway taller than 3 feet in height within the Marigold Avenue public right -of -way. 2. Direct Staff to prepare an Encroachment Agreement with property owners for the existing private improvements and authorize the City Manager and City Clerk to execute the Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property owners at 3400 Ocean Boulevard are requesting approval to retain the existing block wall, railings and entry stairway that are taller than 36 inches in height 1 of 49 Request to Retain Existing Private Improvements Within the Public Right -of -Way at 3400 Ocean Boulevard January 14, 2014 Page 2 and encroach approximately 8 inches into the Marigold Avenue public right -of -way. The originally approved building plans show the wall, railings and entry stairway located on private property. During the course of construction the private improvements were installed approximately 8 inches into the right -of -way. The maximum height of the newly constructed wall, railings and entry stairway along Marigold Avenue is 6 foot 7 inches tall. The maximum height of the newly constructed wall and railing adjacent to the alley along Marigold is 6 foot 1 inch tall. All other walls currently comply or will be reconstructed to comply with City Council Policy L -6. City Council Policy L -6 prohibits structures within the public right -of -way that are taller than 36 inches in height with a maximum encroachment of 1 foot into the right of way. This City Council Policy will need to be waived to allow the newly constructed walls, railings and entry stairway to remain. In addition, the newly constructed walls, railings and entry stairway exceed the Zoning Code height limit of 6 feet within the side yard setback. A Modification Permit was approved by the Zoning Administrator on November 27, 2013. As part of the Modification Permit's conditions of approval, the applicant shall obtain approval of an encroachment agreement and waiver of City Council Policy L -6 (Condition 12). The Modification Permit also required that the newly constructed planter wall in front of the stairway closest to Ocean Boulevard be lowered to 36 inches in height within the public right -of -way (Condition 13) and that the guardrail needed for the proposed ramp shall be constructed entirely on private property (Condition 14). The private improvements do not further diminish the rights of the public, present and future. The property owner will need to obtain an Encroachment Permit and enter into an encroachment agreement with the City. 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. 2 of 49 Request to Retain Existing Private Improvements Within the Public Right -of -Way at 3400 Ocean Boulevard January 14, 2014 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). Public Works Director Attachments: A. Location Map B. Project Plan C. Project Photo D. Zoning Administrator Staff Report for Modification Permit E. Zoning Administrator Modification Permit Approval F. City Council Policy L -6 3 of 49 bP �J N4 F OC"4,V& 1. yt� a� CP l)y N� ATTACHMENTA LOCATION MAP All I V, J s,p JD P� Inspiration PP Inr CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Jan. 14, 2013 4 of 49 ON SHEET 'ALLEY. NO ENCROACHMENT AT THE GROUND IONS PER LEVEL ME ALLOWED WITHIN WE REQUIRED ALLEY SETBACK AREA OF A LOT ABUTTING AN ALLEY. IBMC All ALLEY SETBACK AREA SHALL BE CLEAR OF O OBSTRUCTIONS' 2 1_ (EIREAR RETAINS WALL TO REMAIN. MA% 5' FENCE TO REINSTALL (E)POWER POLL ABOVE(RUWAININGWALL. APPROVAL FOR (EIRETAINWALL PER MODIFICATION PERMIT (DATED JULY 22. IWPL PLEABE SEE COPY OUSHEET.1,(MDNUMBERI W) 42' NIGH BLOCK WALL WW! P.L. - 53.00' W- IRON RAILING ABOVE 3 n, (N)FIRE I 72 6'- -FENCE ° HYDRANT Q CALLING NEE A IES. 1 NG Ff. FT. T 2 r. F. L. (. FT. 2 S+ IT + CK w Q In J O 0 Q 0 w V) z Y a Z Y to a¢ W N W D. U O m w 11 V DECK ROOF ///������^ DECK L,� ` j` BASEMENTOUTLINE SECONDFLOOR OVER FIRST FLOOfl E %iFRIOfl WALL OWNING FOOTPRINT ARCHED ROOF 7 CN MONE� 0 N PROM RETAINING WALLTO BE BEPAHATEB BY A MIN. DISTANCE EQUAL TO THE MA %. HEIGHT OF THE SERIES OF RETAINING WALL AWNING $ THUm DAN. 3' BETWEEN EACH WALL) FOR SUN YGME 0 3 8 3 (j 9. —98.Ie F.S. 0 T.F.G. 9sABT.w.- 9BR3SI .2 L ENGTH LLWE.G.- 9B'LENGTH PKB3 T. W. x92.76 E.G•— v. —ve— P.L.- 53'DG' rre 3 —v 93.66E.G.- 3 (E)SOFT SCARE ATTACHMENT B PROJECT PLANS HT AND ROOF DECK PARAPET. -- -, R I, +i) lu (E)PARKING SPACE ii (E)PARKING SPACE ii (E)PARKING u n SPACE u n n n n n u SITE LEGEND u u BASEMENTOUTLINE ------ - - - - -- (E)RETAINING WALL OCEAN BLVD. PROPERTY LINE - —P - -- PARKING OUTLINE cooc000_ = (N)RETAINING WALL 2 SEPERATE PERMIT REQUIRED 5 of 49 O c) mM z> zm __ O 5 —1 OD_ §°' $ 4 &-T �z =p O XO D� m pD m_m - � O in oa OO rm z> = �X mD m� X= m N� = mG) N _ 2'_8" D m� Hj o W = O W T ZD mm O � r D r m D ^ c� T-4" — V 3" D m Z° Z r o z N M G) m M 5' D JJ O D 31 �� My m zM n0 A Li W r m w 1' 4" 1'4 0� mZ m� m n 0 O� wD D X Prun Residence Mod. Permit 3400 Ocean Blvd No. MD2013 -015 v U) O H O H U w O NO d W H z w U SS 8 of 49 0 n U w Z. w 7 H Q - -5S i i f I fi I j r I, V 9 of 49 ATTACHMENT D MODIFICATION PERMIT STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT October 27, 2013 Agenda Item No. 3: SUBJECT: Prun Residence Modification Permit - (PA2013 -177) 3400 Ocean Blvd Modification Permit No. MD2013 -015 APPLICANT:. Miguel Fernandez PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN Zone: R -1 (Single -Unit Residenital) General Plan: RS -D (Single -Unit Residential) PROJECT SUMMARY A modification permit to allow a Building Code required guardrail of an as -built exterior entry stairway and a proposed access ramp in the side setback adjacent to Marigold Avenue to exceed the 6 -foot height limit by 7 inches. The applicant also requests approval of an as -built 3- foot -3- inch -high retaining wall adjacent to the right -of -way within the front setback where the Zoning Code limits the height of the first retaining wall in a series to a maximum of 2 feet in height. The property is currently developed with a newly constructed 5,390- square -foot single - family residence with a 2,934- square -foot basement. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No. MD2013 -015 (Attachment No. ZA 1). Z 10 of 49 Prun Residence Modification Permit Zoning Administrator November 27, 2013 Page 2 Existing Stair and Proposed Access Ramp • The as -built stairway provides access to the entry at the first floor of the residence. The stairway height is necessary because of grade differences between the front entry and the adjacent side walk. The stairs comply with the 6 -foot height limit. However, the Building Code required 42 -inch guardrail exceeds the height limit by 7 inches. • The applicant also requests approval of a 3 -foot by 20 -foot access ramp to join to the as -built stair entry. This area is currently developed with a planter wall. As with the stairway, the proposed ramp complies with the 6 -foot height limit in the side setback. However, the Building Code required 42 -inch guardrail exceeds this height limit by 7 inches. The ramp is requested to provide handicap accessibility to the main residence. • The stair and ramp entry are designed in such a way to accommodate the required landing for the entry and are above the basement walls located below the first floor level. The stair and ramp guardrails are located on the street side yard adjacent to Marigold Avenue. They are approximately 37 feet back from the front property line along Ocean Boulevard and approximately 61 feet from the alley. The guardrails consist of open wrought iron construction, thus limiting the visual impact of the structure's height. • The as -built stairway and existing planter walls of varying height along Marigold Avenue encroach approximately 6 to 8 inches into the public right -of -way. Staff recommends that the planter wall in front of the stairway closest to Ocean Boulevard be lowered to 36 inches in height within the right -of -way. If approved, the applicant will be required to obtain approval of an encroachment agreement with a waiver of Council Policy L -6 to retain the entry stairway as constructed. The as -built stair rail and proposed ramp /rail will not interfere with or impede emergency access or sight distance Staff believes the findings for the requested Modification Permit can be made due to the grade variations that occur along Marigold Avenue and the necessity of the accessory structures to achieve adequate access to the residence. • The alternative would be to require the as -built stairway and planter walls to be demolished and reconstructed within the side setback on private property so that a guardrail is not required under the building code or so that the guardrail does not exceed 6 feet in height within the side yard. Tmplt:07 -18 -13 2 11 of 49 Prun Residence Modification Permit Zoning Administrator November 27, 2013 Page 3 Retaining Wall The 3- foot -3 -inch as -built retaining wall in the front yard setback is adjacent to Ocean Boulevard. Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) allows the first retaining wall in a series at a maximum of 2 feet in height. Refer to Figure 3 -1 (Grade Differential at Front Property Line) from the Zoning Code on the following page, which demonstrates this code requirement. The grade along the Ocean Boulevard frontage varies by approximately 11 inches. The wall was built at 2 feet in height at the highest. grade elevation and is 3 feet 3 inches in height from grade at its highest point. The height of the wall varies along the frontage with the grade to provide a consistent top of wall elevation. Section 20.52.050 (Modification Permits) of the Zoning Code allows deviations of 10 percent of the required developed standard with the approval of a modification permit. The height of retaining walls is exempted from this percentage limitation. This code section recognizes that relief from specified development standards, including structural appurtenances or projections that encroach into front, side, or rear setback areas, may be appropriate when so doing is consistent with the purposes of the Zoning Code and the General Plan, and does not negatively impact the.community at large or in the neighborhood of the specified development. Tmplt:07 -18 -13 3 12 of 49 Prun Residence Modification Permit Zoning Administrator November 27, 2013 Page 4 Staff believes the findings for the requested Modification Permit can be made due to the grade variations that occur along Ocean Boulevard and the necessity of the accessory structures to achieve adequate access to the residence. The alternative for the retaining wall in the front setback would require the removal and reconstruction of the lowest retaining wall in a series that supports the front yard and residence above. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Prepared by Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Site Photos ZA 4 Project Plans Tmplt:07 -18 -13 Kill 13 of 49 Prun Residence Modification Permit Zoning Administrator November 27, 2013 Page 5 Attachment No. ZA 1 Draft Resolution Tmplt:07 -18 -13 .5 14 of 49 M, 15 of 49 RESOLUTION NO. ZA2013 -0 ## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -015 FOR AN ENTRY STAIRWAY, RAMP, AND RETAINING WALL LOCATED AT 3400 OCEAN BOULEVARD (PA2013 -177) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Miguel Fernandez, representing property owner, Jon Prun, with respect to property located at 3400 Ocean Boulevard, and legally described as Lots 7 and 8, Block 140 of the Resubdivision of Corona del Mar, as shown on a map recorded in Book 4, Page 67 of Miscellaneous Maps, records of Orange County, California, excepting the East 12 feet of Lot 7, requesting ap`p'roval l�of,a modification permit. The applicant proposes a modification pern of an as -built exterior entry stairway and "C, adjacent to Marigold Avenue to exceed the also requests approval of an as-b' 13 fo right -of -way within the front setback where: retaining wall in a series to a maximum,of %2 low a Building Code required guardrail sed access ramp in the side setback height limit by 7 inches. The applicant -h -high retaining wall adjacent to the rfua king Code limits the height of the first height. 3. The subject property is'IQcated within, the R -1 (Single -Unit Residential) Zoning District and the General Plan, Land Use Element category is RS -D (Single -Unit Residential Detached). If 4. The subject prope'Lty is located within the coastal zone. The Coastal Land Use Plan category is RSD -B (Single it Residential Detached). 5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). 2. The Class 5 categorical exemption includes side yard and setback variances not resulting in the creation of any new parcel. The Modification Permit for the entry stair 7 16 of 49 Zoning Administrator Resolution No. ZA2013 -0## Page 2 of 6 and ramp within the side setback and retaining wall within the front setback qualify under this exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a modification permit are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in SUpport of Findin �, 1. The neighborhood is comprised of a development I pattern of single -unit and two -unit (duplex) dwellings. W 2. The adjacent property and other propef ies fronting Ocean , Boulevard have similar retaining wall improvements adjacent to Oc`eari Boulevard. The height of the 3- foot -3- inch retaining wall is less than the typical 42inch maximum typically allowed in the front yard setback for fences and walls tFiatare not_ retaining. 3. The subject property is a e`rner,lot where the as -built stairway and proposed ramp would provide required access to „the dwelling along Marigold Avenue. These types of improvements are typical alor`g' .�a street side residential frontage. The guardrails consist of open wrought -iron construction and the solid wall is 3 feet 1 inch in height at its highest point ;; w ,L Finding: B. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: 1. The requested structures are over height as a result of the need to comply with Building Code requirements for a minimum 42 -inch guardrail and grade changes along the adjacent street frontages. 2. The stair and ramp entry are designed in such a way to provide the required landing for the entry and accommodate the basement walls located below the main residence. 3. The granting of the Modification Permit would not constitute a special privilege inconsistent with the limitations upon other properties along Ocean Boulevard as it 08 -09 -2013 g 17 of 49 Zoning Administrator Resolution No. ZA2013 -0 ## Page 3 of 6 allows the property owner to maintain parity with the usable access and entry improvements enjoyed by nearby properties. 4. The front of the property adjacent to Ocean Boulevard has a grade differential of approximately 11 inches from the left side of the property to the right side of the property. The height of the wall in its as -built condition provides a consistent top of wall elevation across the Ocean Boulevard frontage. Finding: C. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: 1. The property has a 4 -foot grade differential f residence to the finished surface elevation at Avenue. The as -built stairway is necessary toa with the Building Code required guardrail. 2. The ramp is necessary to achieve wheel grade differential adjacent to Marigold, Av because of the Building Code required_ "gu - 3. The front of the property retain the 5- foot -11 -inch floor of the residence. TF top of wall elevation acr grade differential, a4f appr< - side of the propa'ty.. Finding: finished floor elevation of the rcent sidewalk along Marigold oiler access into the residence ;ss into the home. Due to the 4 -foot ramp exceeds the 6 -foot height limit to Ocean Boulevard is part of a series of walls that change, in the front yard leading up to the finished )f the,,.wall in its as -built condition provides a consistent )dean' Boulevard frontage. This retaining wall has a 11 inches from the left side of the property to the right D. There are no alternatives to the Modification Permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Strict application of the code would require the existing improvements to be removed and reconstructed in such a way that all structures are constructed entirely on private property and guardrails are not required for the stairway and ramp to access the residence. 2. Strict application of the code would require the applicant to remove the existing front retaining wall and lower or step it so that it does not exceed 2 feet in height at any point along the entire Ocean Boulevard frontage. This retaining wall is part of a series 08 -09 -2013 9 18 of 49 Zoning Administrator Resolution No. ZA2013 -0 ## Paae 4 of 6 of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished floor of the residence. Finding E. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Fact in Support of Finding 1. The stair and ramp location adjacent to Marigold Avenue allows for adequate access for emergency personnel. The spatial relationships between existing development and the adjacent Marigold Avenue suggest that the light, air, and public use of the adjacent right - of -way will not be negatively affected. 2. The applicantlowner is required to obtain a budding permit for the as -built and proposed work. The construction will then be inspected pr or to final o #=building permits. 3. The existing development on the p is no change to the density or inter ramp, and as -built retaining wall. 4. That the design of the development public at large for access,,throughor u 5. Public improverr Subdivision Map SECTION 4. DECISIO le- family residence. As such, there m the as -built entry stair, proposed with any easements acquired by the within the proposed development. the Applicant per the Municipal Code and the NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -015 (PA2013 -177), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013. Brenda Wisneski, AICP, Zoning Administrator 08 -09 -2013 -to 19 of 49 Zoning Administrator Resolution No. ZA2013 -0## Paae 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Modification Permit No. MD2013 -015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. A copy of the Resolution with conditions of approval shall be incorporated into the Building Division and field sets of plans prior to the issuance of building permits. 4. Prior to the issuance of building permits, the Division an additional copy of the approved, Modification Permit file. The plans shall Wi departments for. building permit issuance. architectural sheets only and shall be reduced plans shall accurately depict the elements ap shall highlight the approved elementsp sdch the elements of the plans. * 4 5. The project is subject to specifically waived or mi plcant shall submit to the Planning hifectural plans for inclusion in the itical`to'Ahose approved by all City he approved copy shall include size to 11 inches by 17 inches. The ved by this Modification Permit and ey are readily discernible from other ordinances, policies, and standards, unless tions of approval. 6. The applicant shaIIA66— plyfwit all federal, state, and local laws. Material violation of any of those la,'u -s in connection with the use may be cause for revocation of this Modification Permit. - Ci 7. The Zoning Administrator may add to or modify the conditions of approval to this Modification Permit or revoke this Modification Permit upon a determination that the operation, which is the subject of this Modification Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the property owner. 9. To the fullest extent permitted by law, applicant shall indemnify, defend, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly 08 -09 -2013 11 20 of 49 Zoning Administrator Resolution No. ZA2013 -0 ## Page 6 of 6 or indirectly) to City's approval of the Prun Residence Modification Permit including, but not limited to, Modification Permit No. MD2013 -015 (PA2013 -177). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding.. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division and Fire Department Conditions 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 11. The structures shall comply with the 2010 ;,,,California Residential Code for construction relative to the property line. Non combustible ,.construction shall be required to the s u� satisfaction of the Building Division. The ra`irip hall provide the minimum width required by the 2010 California Residential Cod -, Public Works Conditions 12. The as -built stairway and existing `planter walls along Marigold Avenue are encroaching approximatelyr6 8 inches,finn o the public right -of -way. Prior to issuance of building permits the appirca t shall obtain approval of an encroachment agreement with a waiver of Council`Policy L76 to retain the entry stairway railing and wall adjacent to the alley as constructed. 13. Prior to the issuance of building permits, the planter wall in front of the stairway closest to Ocean Boulevard shall be lowered to 36 inches in height within the right -of -way and the applicant shall obtain an encroachment agreement fo'r the 7- foot -10- inch -wide planter wall built within the public- right -of -way adjacent to Marigold Avenue. 14. Prior to issuance of building permits, the project plans shall demonstrate that the guardrail for the proposed ramp will be constructed entirely on private property. 15. The 5 -foot parkway within the Marigold Avenue right -of -way shall be maintained as landscape /softscape without hardscape improvements. 16. County Sanitation District fees shall be paid prior to the issuance of any building permits. 17. All improvements shall be constructed as required by Ordinance and the Public Works Department. 08 -09 -2013 12 21 of 49 Attachment No. ZA 2 Vicinity Map 23 22 of 49 14 23 of 49 Attachment No. ZA 3 Site Photos 25 24 of 49 16 25 of 49 I of l�s""w+ = wim Irl-15 Attachment No. ZA 4 Project Plans 29 28 of 49 20 29 of 49 < R,A) ?e z= 8T 1 8 yg ° HM ' Ut$g $ g a a `N' R a AB �a $� a $ €E s. a��w8 n€ a $a £a AA €� �$� £s s q- ms sn P"'g e4,R 1 P.ad IN $t" gpF r §%'#zti°.,�5 =R � HUI; P o P$ s;84 HAVO HHO s- `s gss 0 H. xe y e$ met 5' � § o g Nr w MEMO FvmGGv'm&liwA:gm 1 nwag v° g» g m 5A -0 qqW `JN pir'9 4 8O8i§�O Ambpa 2 A 9 FF oCZ6z gnag,�g 'R 3.,a °°c ny$^ 81 ON F Do O H F 8�� o a`�ma$ a o3 «a$a ° v vg €8 ^z Do € �_ a $ o g ,� s"'an no9'"o� m m =a'w "< .%�,:5mc os'�m -I - m G 88� �; € a3 z 8 a3n e.s< aRm;y a� °v sn, .� Da r i x yHI �y SS' gE.- -f $n50 g,.3m yez c$a:3- Z i o `" $°oa P HUN. 8. z $3 agfr 'R MY � 8 z ., e�� €m I'D 0 7 mo me O "s �m 3 p€aa °m cs ai d { n m m 'A x� a F£mi'z v z '� € g °m -o In o asap ° - g a i y sC C A y §m#Aa v REM. �S''�"`5 go S'"sa�g m 9 og ;0 3'r g& Mo. r §g;sss ' g E> g _ s m Xip RP c+ ^> y "^ m 2 A s g �a m w a " jI " s 1E MARIGOLD AVE. 83 $y -1 3 g F p y� 9 ' m Go LING �+ II (E)PPPo(IN65PPCE5 it ii IEII'APN.. £££Y g p co, y':O I SPACES o£ _ SPACES v IPA ,T -gw' £ Do : e�Geg9a c m IN ter° sz q4bg i�s� Z n (ElsomsaPE 4 g 3$aE {I�� G gIp �_ 9 m t g= s y i� —$ F smewoix In POW H Pe 2 Eat R'P� 4 3 F m 'N' 'I 1 �9fi _ F d$Ir1 a :, Ps.A� r @m6 sg PaR. i ._= T__ HN 9 3 P� f {e F �$ c ! °eel r ge= AM � eat m sw s$g � N @ A. €` g Q o H1 �F F o m i6E £ _ ryN II iF II s e v D E9° 6 es PRUN RESIDENCE PLANS PREPARED BY: ST800T. OALCS. PREPARED 3400 OCEAN BLVD. ADD ON CONSTRUCTION BY: VETREES A BE CORONA DEL MAR, GA. 27060 LA PAZ ROAD V641 532 EAST LAMBER ROAD 92625 ALISO VIEJO, CA, 92656 BREA, CA. 92621 N4 212.4264 94 &305 -7446 714 - 2559645 �D DD DDn �bNO$ °gN'M' 30 of 49 > A M j z I IS -Z > z z z III L-7 I m 0 E'A m z 1 0 i H m) BE 0 9 9 �q RD a 0 i ri > m; jeagt cn PRUN RESIDENCE PLANE RREPAR BY;. ZUCT. CaCC PREPARED 340GCCEANBLVD. R . RRNS40 .T 'N BY. VFNPHREE A& E CORONA BELMAR. CA. 0088 � PAZ ROAD M41 532 DART LAMSBER ROAD 92325. ALISO V15JO, CA. 926� BREA. CA. 92621 EN R 31 of 49 .49-21244' 949-395-7446 714 265564.6 31 of 49 32 d49 0 G) mM z> zm 5 0O➢_2� 4 P -i [0 >z 1 3.7 ^- ;p O X W C) mM L7 m r zW O °D z� OD iX mD m� M X= n r 0 0� a m� 28 °0 W = Sc AT 2 1 zD M r Dr � D 3'_7" V 50 m < � o�M M < ° _ M 5' 5 � D N M yN ➢0 MM Do ➢O m Z A A L7 R' r0� m V_4„ V. V MD M Mm -I JJ OcC Dr 4 X Prun Residence Mod. Permit 3400 Ocean Blvd No. MD2013 -015 32 d49 SETBACK SIDEWALK LANDING IS 7% PERMITTED SECTION P.L. ENTRANCE WILL NOT WORK ---- I Z 7°R&15 "T "AS BUILT" ENTRANCE MARIGOLD ELEV. "SAS BUILT ENTRANCE Wt PROPOSED RAMP MARIGOLD ELEV. M 33 of 49 w ? RAILING CONNECTION U) IS HIGHER THAN nw. O "AS BUILT" ENTRANCE O LL ca z 2 °I° SLOPE O eQ m 98.93 F.F. w N 6.5 R & 13.5 T C° 2% SLOPE I 5 SETBACK SIDEWALK LANDING IS 7% PERMITTED SECTION P.L. ENTRANCE WILL NOT WORK ---- I Z 7°R&15 "T "AS BUILT" ENTRANCE MARIGOLD ELEV. "SAS BUILT ENTRANCE Wt PROPOSED RAMP MARIGOLD ELEV. M 33 of 49 am oev�mae: - xeiarox etusweeuLe ww �:®:,�"^ w. . JON & LINDA PMN rww �TECH acrxmra wn e• wn.$. .:W "m" .oroca.ax. ernm�...c.::ro: 6 TOPOGRAPHIC MAP '* IEKl5rNG Srt Pwp 34 of 49 MAFIGOLO AVENUE I ___ --------------- -------------- _________ ____ _______________ ------------ , % -- ___'I -- - -- ---------- ------ — ------------- -- _----- _____— -- _...�� ___— _ —_____ -- ____ _ — - -_ - - --- _ -- - - -- �."Ow'a"� — ..........._.... ... .- ... .........._........ .. ... ...................._.__....... __ -- �� —_- I -_ I Irwn uy' I I r I I I I II us 5 6 Ip p Ylr em. +omsm, Ewa g Z � i i f'tl p5 d m vA,m o Y RIF am oev�mae: - xeiarox etusweeuLe ww �:®:,�"^ w. . JON & LINDA PMN rww �TECH acrxmra wn e• wn.$. .:W "m" .oroca.ax. ernm�...c.::ro: 6 TOPOGRAPHIC MAP '* IEKl5rNG Srt Pwp 34 of 49 :-,-)Cl [cm. ERSI mmcsmow cores PRECISE GRADING PLAN ° P 3400 OCEAN BLVD, CORONA DEL MAR Area of grating _ disturbance- 5630 of = 0.13 acres some— ---------- -------- - - - - -- ------------------- - - --E. ON� ° >' „F, MARIGOLD AVENUE ..m I&° . J �, w w,.a �.a:.mnN«om. �E, oa.n -, ;� ,{ � .t. �€ «t` t ds /W'47) ffAl 0 O T (9 12L44 I` ,08.98 x�xw. O .m�w ........ -- V R' wo-wxs xu,xx nvu # 1 t ucx of RO FlR h1COR PER ARCFkiECIS PlPN50 I %02- ^ � -H Bi 7. H3 bceeTenfFF RE � ROOK P ARCI lE S PWVS❑ _ -I fir, FlSf f x' i �I ✓e i .. H].9a B FF €I A,R. ID'14.. qy nW j a Ci.L LEGEND k4E <1 M., IQXTT w - x.S p� Itl1;t- m.m� � O ,,,. a,.,,. ng ..�.. f0 ffrti .`N]5B0)E11IHW y -'i Y taw) 5 ;ou`x0 m GRIPHJC SCil, J �`i^ o �o' >s' ^xPOrvpE �'vm ®nartmm ianvn ExcwEwxo x oEwaPllEw -- GL - <°®Ot PP v: mSHEEBalla PREgSE GRADING PLAN PRUR ncswmeE PflF.are rnnowo PuN P PUN R RUN LES9 and Fioslon Cmtml Wan ESIDENCE C -2 - S efl s ]qa0 FAN aNPav0. NiR. la 9'eaRS xa PMED . �. xn - :-,-)Cl [cm. ERSI COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644-3229 www.newoortbeachca. gov VIA EMAIL November 27. 2013 Miguel Fernandez 23046 Avenida de la Carlota, #600 Laguna Hills, CA 92653 miguel @debcustoms.com Re: Modification Permit No. MD2013 -015 (PA2013 -177) 3400 Ocean Blvd Prun Residence Modification Permit Dear Mr. Fernandez, ATTACHMENT E MODIFICATION PERMIT APPROVAL It was a pleasure working with you on the Prun Residence Modification Permit. Please find attached the approved resolution questions, please do not hesitate to contact forward to working with you again in the future. Sincerely, cc: Jon & Linda Prun 3400 Ocean Blvd. Corona del Mar, CA 92625 jprun @cox.net Tmplt>3 /21/13 for your project. If you have any me directly. Thank you and I look 36 of 49 VZ�Y0110j tLLLLOX%/cam Bill-II] A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -015 FOR AN ENTRY STAIRWAY, RAMP, AND RETAINING WALL LOCATED AT 3400 OCEAN BOULEVARD (PA2013 -177) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Miguel Fernandez, representing property owner, Jon Prun, with respect to property located at 3400 Ocean Boulevard, and legally described as Lots 7 and 8, Block 140 of the Resubdivision of Corona del Mar, as shown on a map recorded in Book 4; Page 67 of Miscellaneous Maps, records of Orange County, California, excepting the East 12 feet of Lot 7, requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a Building Code required guardrail of an as -built exterior entry stairway and a proposed access ramp in the side setback adjacent to Marigold Avenue to exceed the 6 -foot height limit by 7 inches. The applicant also requests approval of an as -built 3- foot -3- inch -high retaining wall adjacent to the right -of -way within the front setback where the Zoning Code limits the height of the first retaining wall in a series to a maximum of 2 feet in height. 3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -B (Single -Unit Residential Detached). 5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). 37 of 49 Zoning Administrator Resolution No. ZA2013 -080 Page 2 of 8 2. The Class 5 categorical exemption includes side yard and setback variances not resulting in the creation of any new parcel. The Modification Permit for the entry stair and ramp within the side setback and retaining wall within the front setback qualify under this exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a modification permit are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The neighborhood is comprised of a development pattern of single -unit and two -unit (duplex) dwellings. 2. The adjacent property and other properties fronting Ocean Boulevard have similar retaining wall improvements adjacent to Ocean Boulevard. The height of the 3- foot -3- inch retaining wall is less than the typical 42 inch maximum typically allowed in the front yard setback for fences and walls that are not retaining. 3. The subject property is a corner lot where the as -built stairway and proposed ramp would provide required access to the dwelling along Marigold Avenue. These types of improvements are typical along a street side residential frontage. The guardrails consist of open wrought iron construction and the solid wall is 3 feet 1 inch in height at its highest point. Finding: B. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. 08 -09 -2013 38 of 49 Zoning Administrator Resolution No. ZA2013 -080 Page 3 of 8 Facts in Support of Finding: 1. The requested structures are over height as a result of the need to comply with Building Code requirements for a minimum 42 -inch guardrail and grade changes along the adjacent street frontages. 2. The stair and ramp entry are designed in such a way to provide the required landing for the entry and accommodate the basement walls located below the main residence. 3. The granting of the Modification Permit would not constitute a special privilege inconsistent with the limitations upon other properties along Ocean Boulevard as it allows the property owner to maintain parity with the usable access and entry improvements enjoyed by nearby properties. 4. The front of the property adjacent to Ocean Boulevard has a grade differential of approximately 11 inches from the left side of the property to the right side of the property. The height of the wall in its as -built condition provides a consistent top of wall elevation across the Ocean Boulevard frontage. Finding: C. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: 1. The property has a 4 -foot grade differential from the finished floor elevation of the residence to the finished surface elevation at the adjacent sidewalk along Marigold Avenue. The as -built stairway is necessary to achieve proper access into the residence with the Building Code required guardrail. 2. The ramp is necessary to achieve wheel chair access into the home. Due to the 4 -foot grade differential adjacent to Marigold Avenue, the ramp exceeds the 6 -foot height limit because of the Building Code required guardrail. 3. The front of the property adjacent to Ocean Boulevard is part of a series of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished floor of the residence. The height of the wall in its as -built condition provides a consistent top of wall elevation across the Ocean Boulevard frontage. This retaining wall has a grade differential of approximately 11 inches from the left side of the property to the right side of the property. 08 -09 -2013 39 of 49 Zoning Administrator Resolution No. ZA2013 -080 Paoe 4 of 8 Finding: D. There are no alternatives to the Modification Permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: Strict application of the code would require the existing improvements to be removed and reconstructed in such a way that all structures are constructed entirely on private property and guardrails are not required for the stairway and ramp to access the residence. Strict application of the code would require the applicant to remove the existing front retaining wall and lower or step it so that it does not exceed 2 feet in height at any point along the entire Ocean Boulevard frontage. This retaining wall is part of a series of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished floor of the residence. Finding E. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Fact in Support of Finding The stair and ramp location adjacent to Marigold Avenue allows for adequate access for emergency personnel. The spatial relationships between existing development and the adjacent Marigold Avenue suggest that the light, air, and public use of the adjacent right - of -way will not be negatively affected. 2. The applicantlowner is required to obtain a building permit for the as -built and proposed work. The construction will then be inspected prior to final of building permits. The existing development on the property is a single - family residence. As such, there is no change to the density or intensity resulting from the as -built entry stair, proposed ramp, and as -built retaining wall. 4. That the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 8ra11-1WIyrc1 40 of 49 Zoning Administrator Resolution No. ZA2013 -080 Pacie 5 of 8 5. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -015 (PA2013 -177), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013. 08 -09 -2013 41 of 49 Zoning Administrator Resolution No. ZA2013 -080 Pape 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Modification Permit No. MD2013 -015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. A copy of the Resolution with conditions of approval shall be incorporated into the Building Division and field sets of plans prior to the issuance of building permits. 4. Prior to the issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Modification Permit. 7. The Zoning Administrator may add to or modify the conditions of approval to this Modification Permit or revoke this Modification Permit upon a determination that the operation, which is the subject of this Modification Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the property owner. 9. To the fullest extent permitted by law, applicant shall indemnify, defend, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, 08 -09 -2013 42 of 49 Zoning Administrator Resolution No. ZA2013 -080 Page 7 of 8 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Prun Residence Modification Permit including, but not limited to, Modification Permit No. MD2013 -015 (PA2013 -177). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division and Fire Department Conditions 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 11. The structures shall comply with the 2010 California Residential Code for construction relative to the property line. Non combustible construction shall be required to the satisfaction of the Building Division. The ramp shall provide the minimum width required by the 2010 California Residential Code. Public Works Conditions 12. The as -built stairway and existing planter walls along Marigold Avenue are encroaching approximately 6 -8 inches into the public right -of -way. Prior to issuance of building permits, the applicant shall obtain approval of an encroachment agreement with a waiver of Council Policy L -6 to retain the entry stairway railing and wall adjacent to the alley as constructed. 13. Prior to the issuance of building permits, the planter wall in front of the stairway closest to Ocean Boulevard shall be lowered to 36 inches in height within the right -of -way and the applicant shall obtain an encroachment agreement for the 7- foot -l0- inch -wide planter wall built within the public- right -of -way adjacent to Marigold Avenue. 14. Prior to issuance of building permits, the project plans shall demonstrate that the guardrail for the proposed ramp will be constructed entirely on private property. 08 -09 -2013 43 of 49 Zoning Administrator Resolution No. ZA2013 -080 Paae 8 of 8 15. The 5 -foot parkway within the Marigold Avenue right -of -way shall be maintained as landscape /softscape without hardscape improvements. 16. County Sanitation District fees shall be paid prior to the issuance of any building permits. 17. All improvements shall be constructed as required by Ordinance and the Public Works Department. 08 -09 -2013 44 of 49 ATTACHMENT CITY COUNCIL POLICY L -6 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 Lr2. 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 installed at grade and grouted. 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 45 of 49 l�� B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services 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 General Services 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 46 of 49 1r6 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. In the commercial areas 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. 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, 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 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 in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 4C] 47 of 49 L-6 back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed Tin 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 T -6" above sidewalk grade, are set back a minimum of T -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 T -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. 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. 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: Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. 4 48 of 49 L -6 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 General Services 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 Amended - May 8, 2001 5 49 of 49