Loading...
HomeMy WebLinkAbout10 - Request to Retain Existing Private Improvements within the Public Rights-of-Way at 2042 Miramar DriveCITY OF y NEWPORT BEACH City Council Staff Report March 10, 2015 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: Kathryne Cho, Civil Engineer PHONE: (949) 644 -3014 TITLE: Request to Retain Existing Private Improvements within the Public Rights -of -Way at 2042 Miramar Drive ABSTRACT: The owners of the property located at 2042 Miramar Drive (Owners) request to retain the existing brick walls with pilasters in excess of 3 -feet in height, encroaching into the Miramar Drive and M Street rights -of- way. RECOMMENDATION: a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to retain the existing brick wall with pilasters in excess of 3 -feet in height, that encroach up to 1 -foot into the Miramar Drive and M Street rights -of -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with 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: Owners are requesting a waiver from City Council Policy L -6, Private Encroachments in the Public Rights - of -Way, to retain the existing brick walls with pilasters in excess of 3 -feet in height located within the Miramar Drive and M Street public rights -of -way. City Council Policy L -6 prohibits structural encroachments, including walls in excess of 3 -feet in height within the public right -of -way (Attachment D). 10 -1 The property is located at the corner of Miramar Drive and M Street on Peninsula Point and currently has a brick wall with pilasters, of varying heights, that wraps around the property. The property line is 1 -foot from the back of the sidewalk as shown on the project plan (Attachment B). A section of the brick wall is 2 -feet 1 -inch in height and encroaches up to 1 -foot into the Miramar Drive and M Street rights -of -way. While this portion falls within the parameters of Council Policy L -6, there are three pilasters that exceed the height limit. One pilaster located at the Southwesterly property corner is 3 -feet 10- inches and two pilasters adjacent to the entry walk are 3 -feet 1 -inch in height. The other section of the existing brick wall with pilasters is 6 -feet 2- inches in height and encroaches up to 6 inches into the M Street right -of -way. As part of the redevelopment of the property, the existing brick walls and pilasters were designated to be removed. However, the property owners are now requesting to retain said brick walls and pilasters. There was a step in the previous brick wall along M Street which has now been removed and a walkway that has now been closed off. All work within the public rights -of -way was done without the benefit of an Encroachment Permit. Additionally, the owners are requesting to install a decorative landing at the entry walk on Miramar Drive, which is consistent with City Council Policy L -6. After much review and discussion, staff recommends approval of this permit as this request is similar and consistent with another project at 2100 Miramar Drive that was approved by City Council in 1986 (Attachment E). The existing private improvements will not diminish the rights of the public - present or future. The property owner will need to obtain an Encroachment Permit and 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 existing brick walls and pilasters. 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). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Proiect Plan Attachment C - Project Photos Attachment D - Council Policy L -6 Attachment E - 2100 Miramar Drive Encroachment Agreement 10 -2 ATTACHMENT A YLJ ^ ^Q 415 416 421 420 421 M Street 417 416 Park 413 414 2 411 412 413 412 415 c•R4N4D4 4vt 409 409 409 410 408 _o n 405 405 ^' cv o 407 408 `v 3 401 402 `v a] 405 s 406 0 N 0 0 0 403 404 ti N ro N o 402 `\, ry N 401 H N o sfVlll.entrF N 400 `\l o h N ° a1 N N o H N N N N N N N oM p N N 0 co N N ry N 4 ° R N 0 N N h N a 0 ^ N o N N N N N N W ry N N N N —,we, N h N Al p CV 7 N N h N N N N R ry N m N N N V N N o a O o N ° N ^ n N co N N N o Or F4N BL N Vp N N ^ N W M N N N M N p N N o r GrF4A/ N o N N )N r4�CEYB -� N � h M N N o o ^ N NN N N N Q N h �r�4ry FRONry N o o N N ry h CITY OF NEWPORT BEACH 2042 MIRAMAR DRIVE PUBLIC WORKS DEPARTMENT LOCATION MAP N2015 -0074 MARCH 10, 2015 10 -3 ATTACHMENT B 10 -4 PROJECT PLAN 2 ' R =8075 L= 29.4 7' Q _ _ R -10.0' � 69'52'16' 6 7.5 I 7 -40 10.47 GFF EXIST WALL L_ COVERED PORCH �5 10.50 1 DS WOOD ECK GFP =9.53 rl 12.15 OVER CONCRETE _ 1 I 9 CARPORT ' �- I 12.15 Ito ta. -a„ 11.75 FS FG \ 10.72 F5 S 5' 4' 15' 1 10.45 TG 6 I.2.15 X DS 10.43 11.90 11.65 FS 11 7.. TWS 1 DS 10.85 CFF FS v- i JI` 11.64 FS 10.95 TC 10. /P. nl 10.20 IE ZI 10.2 FG / \ FG P.A. ------ - --- -- / 0 9.85 FS ' 11.70 I ft =8145 �. FS 6 11.45 TG .7 I I 25 I B e stone landing S- SPA i / -11-65 11.45 T fi Y -10" tall pilaster BY OTHER F-HF 11.65 z < i / 11 I F m 2' -1" tall back 10.95 TG F" p 12.02 11.70 FS DS V 6 w B Oq S 11.10 G 6' -2" tall brick 11 W 1 11 3.13' wall with pilasters Proposed 7 4" DRAIN LINE I Encroachments M I R A M A R DR. le I JOB- GRAVEL FF =12.15 5 =.01 MIN C C fq FP =11.23 , I , a DOWNSPOUT CONNECTION w n TO AREA GRAIN UNE(TYP) 2% 5x r i 10 -4 I 6 7.5 I EXIST WALL COVERED PORCH �5 I DS WOOD ECK CURB DRAIN OVER CONCRETE _ 1 I 9 12.08 TWS 10.4 �- 9.12 FL 1 11.75 FS FG \ 1 6 1 10.45 TG 6 10.43 11 7.. TWS JI` 11.64 FS 10. /P. nl 10.2 FG / \ FG P.A. A. 0 9.85 FS ' I ft =8145 L= 24.93' =t I 0 9.70 FS B e stone landing Y -10" tall pilaster I z < 3' -1 "tall pilaster p, m- F m 2' -1" tall back m p wall with pilasters V m B Oq 9 11 6 1 Proposed Encroachments M I R A M A R DR. 10 -4 ATTACHMENT C PROJECT PHOTOS BEFORE 10 -5 ATTACHMENT C IwY6111x "r,. [oil roly AFTER 10 -6 ATTACHMENT D 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. B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1 10 -7 L -6 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. 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. 2 M. 110 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 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. i. 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, 3 10 -9 110 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. 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. 2 10 -10 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 Amended - May 8, 2001 Amended - January 27, 2015 5 10 -11 TO: CITY COUNCIL FROM: Public Works Department BY TnE Ciil' COUNCIL CITY OF NEWPORT BEACH NOV 10 1996 APPROVED ATTACHMENT E November 10, 1986 CITY COUNCIL AGENDA ITEM NO. J -2 SUBJECT: APPLICATION TO CONSTRUCT A 6 -FOOT -HIGH BRICK WALL IN THE PUBLIC RIGHT -OF -WAY AT 2100 MIRAMAR DRIVE RECOMMENDATION: Approve or deny the request. DISCUSSION: The applicant, Peggy La Grandeur,has requested permission to construct a six - foot -high brick wall encroaching one foot into the public right -of -way along the easterly side of "M" Street between Miramar Drive and the alley. A letter from the applicant and a drawing showing the location and the limits of the six - foot -high wall are attached. A portion of the wall, as shown, will be three feet high, encroaching one foot and thus not requiring Council approval. Council Policy L -6, "Private Encroachments in Public Rights -of -Way" provides that the prior approval of the City Council and a permit from the Public Works Department are required for any structural encroachment which encroaches in excess of one foot into the public right -of -way, or exceeds three feet in height, measured form the top of the curb. The applicant's property is located on the Balboa Peninsula Point on the northeast corner of "M" Street and Miramar Drive with Miramar being a one - way street going from west to east. There are a number of similar walls in the area; with some of the existing walls being located on private property, and some located in the one -foot strip of street right -of -way between the back of s' walk and the propeerrtyylline. Senj min B. Nolan Public Works Director IM /bjm Attachment 10 -12 ATTACHMENT E /\"l' CITY OF 167' NEWPORT BEACH, I CALIF. CITY OF B NE JRTEA H'*. L". C)a CA OCT C 8 19 od CT 819868- %HCEIVED IHIECEIVEI CITY CLERK CITY CLER CITY CLERK 7 C5 ch tj CL r47. 7:. zo-"& IJ OLm MA. fl eaA. 7 0 L, o C..0 LL-2L- 2. Zk- 6708 Em J7 OR, :§ < 0 10-13 L) 0 0 cl 0:11 nF1 r.1 rl :r 3 ATTACHMENT E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMVNT!- PERMIT No..EP 2.5 -(� u I R =aouo' ress_ 1,00 �KAMOMMARMS. Owner .a4nnn�oc�uz OM EWER -�„ I;ewa1.4yPhN hone . - 1 3 '�T�1•Po.PMo'�s.SEj•', h. WALL tEGAhMMUR MID MGI ZIOO MIMMAS Dpi. LOT i 2 swron T �I .Q WAU, a .r.. 1 ".i�• 1 ♦ d�b. � a z il. 0 ®40 °e /6N . WALIL ° -M.>Etof5er2' . Existing Curb.and Gutter �I I ' GI7Y, % , IFi,li9 z;C'ice ZN Gf2.o liG.%+✓+'ICN O&(. L Date O L {o nt s 'ignature Please make, a sketch of your immediate vicinity showing all dimensions and location of trees, light standards, fire hydrants, parking meters or other obstructions existing on parkway, which might concern thin application. Work shall be done,according to city specifications and is subject to city inspection. S ekn to De drawn in uuplicate. `RIPEN