HomeMy WebLinkAbout08 - Install Private Improvements (Alley Extension) Within the Existing Alley Right-of-Way Adjacent to 404 Heliotrope Avenue (N2015-0439) CTY OF
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NEWPORT BEACH
City Council Staff Report
September 22, 2015
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Rodi Almendralo, Civil Engineer
PHONE: 949-644-3334
TITLE: Request to Install Private Improvements (Alley Extension) Within the Existing Alley
Right-of-Way Adjacent to 404 Heliotrope Avenue (N2015-0439)
ABSTRACT:
The property owner of 404 Heliotrope Avenue (Owners) is requesting to extend the existing alley 15 feet in
length within the alley right-of-way adjacent to 404 Heliotrope Avenue.
RECOMMENDATION:
a) Waive City Council Policy L-6, Private Encroachments in Public Rights-of-Way, to allow the Owner to
extend the alley 15 feet in length using caissons and appurtenances, contingent upon all conditions of the
Encroachment Permit process being met; and
b) 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 404 Heliotrope Avenue submitted plans to redevelop the property with a new single-family
residence. The property has a 10-foot-wide access to the property at the end of the existing alley due to
topography in the area. The new residence is required to have a 3-car garage. In order to provide the
required garages, the owner is requesting to extend the alley 15 feet in length to provide access to the
proposed garages.
The proposed alley extension will be constructed with a concrete slab supported by caissons due to the
topography in the area. Drainage from the alley extension will be draining to existing drainage facilities in
the existing alley.
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By allowing the proposed alley extension, a driveway approach will not have to be constructed on
Heliotrope Avenue for property access, preserving existing on-street parking. A similar alley extension was
completed in 2006 at 402 Dahlia Avenue.
City Council Policy L-6, Section A, prohibits structural encroachments including 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.
There are City-owned utilities within the alley right-of-way but the proposed caissons are located so they
will not interfere with the existing City-owned utilities. These proposed private improvements will not
diminish the rights of the public, present and future.
Should the City Council elect to approve the private improvements and appurtenances, staff recommends
that the City Council require the property owner to 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.
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-Area Mao
Attachment B -Site Plan
Attachment C - Property Owner Letter
Attachment D - Council Policy L-6. Private Encroachments in Public Rights-of-Way
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ATTACHMENT C
4®dq HeRA®ftrr®jpe CDK9 LLC
3151 Aiiivay Avenue Suite 13-1 Costa Mesa, CA 92626
Phone: 714-432-9960
D City of Newport Beach
Public Works Department
Re: 404 Heliotrope Corona del Mar
------------ -----—------------------------ ----- - ------------------------ ---- ------
September 9, 2015
Dear Rodi,
Please complete the processing of documents to complete the alley extension at the
rear of the property at 404 Heliotrope. I need to be able to pull into the garage.
Please give this request your prompt attention.
Please do not hesitate to contact me if you should have any questions.
Sincerely,
Jack L. Herron
Managing Member
404�iotrope CDM, LLC
jacl<Iherron@gmail.com
949-630-7103
--- ------------------------------ ...........----------------------.....-----------------—----- ------------ --- ----
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ATTACHMENT D
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.
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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 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.
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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
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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,
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.
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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-August 14, 1989
Amended-February 14,1972 Amended-November 27,1989
Amended-August 11,1975 Amended-December 9, 1991
Amended-February 9,1981 Amended-December 14, 1992
Amended-November 23,1981 Amended-July 12, 1993
Amended- October 27,1986 Amended-January 24, 1994
Amended-January 26, 1987 Amended-May 9, 1994
Amended-July 13, 1987 Amended-February 27,1995
Amended- February 13,1989 Amended-February 26, 1996
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Amended - May 8, 2001
Amended -January 27,2015
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