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HomeMy WebLinkAbout12 - Request for Policy Waiver to Install Private Improvements within the Public Right -of -Way at 300 Kings Place (N2016-0407)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report August 9, 2016 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer ralmend ralo(d-)newportbeachca.gov PHONE: 949-644-3334 TITLE: Request for Policy Waiver to Install Private Improvements within the Public Right -of -Way at 300 Kings Place (N2016-0407) ABSTRACT: The property owner of 300 Kings Place (Owner) is requesting a waiver of City Council Policy L-6 to install a 36 -inch high wood picket fence and wooden entry gate within the public right of way on Kings Place. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow a 36 -inch high wood picket fence, a wooden entry gate, and appurtenances that encroach in excess of 1 -foot into the Kings Place right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) 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. 12-1 Request for Policy Waiver to Install Private Improvements within the Public Right -of - Way at 300 Kings Place (N2016-0407) August 9, 2016 Page 2 DISCUSSION: The Owner is requesting a waiver of City Council Policy L-6 to install a 36 -inch high wood picket fence, and a 36 -inch high by 5 -foot wide wooden entry gate within the Kings Place right-of-way. The public right-of-way extends 12 -feet behind the existing curb. The private fence encroachment request is to place the fence 4 -feet behind the curb (8 -feet into the Kings Place right-of-way). Also included in the owner's plan are policy compliant encroachments for a variable width brick paver entry walkway, private landscaping and irrigation improvements and appurtenances. City Council Policy L-6, "Private Encroachments in Public Rights -of -Way" explains and describes how 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. The Policy specifies allowable and prohibited encroachments and describes the required permits or encroachment agreements In Section A, which outlines the general encroachment prohibitions, "...structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way..." are prohibited. The property owner is requesting City Council consideration for waiver of this policy to allow an encroachment for a 36 -inch high wood picket fence and entry gate. Staff has reviewed this request and supports this policy waiver. In staff's review of the existing site conditions, there are no existing or planned sidewalks or informal walkways on Kings Place or in the surrounding Cliff Drive neighborhood. The fence would not affect or change walking or bicycle access or pathways. There are no City -owned utilities that will be impacted by the proposed private encroachments. The owner is requesting a wood picket fence which is less intrusive than a block wall. A wooden fence is semi -temporary and can be removed easily at any time. There are 2 properties on Kings Place and a few properties in neighborhood with similar fence encroachments. (Those appear to be unpermitted.) The requested private fence and gate improvements will not diminish the rights of the public, present and future at that location. Should the City Council elect to approve the waiver and installation of the said private improvements and appurtenances, staff recommends that the City council require the property owner to enter into an encroachment agreement with the City. The encroachment agreement specifies the rights of the City including future removals and the responsibilities of the property owner. The encroachment agreement is recorded onto the property's title and provides important notice and protections for the City and for the current and future property owners. 12-2 Request for Policy Waiver to Install Private Improvements within the Public Right -of - Way at 300 Kings Place (N2016-0407) August 9, 2016 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the project includes the construction of accessory structures which have no potential to have a significant effect on the environment. 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: Attachment A — Location Map Attachment B — Proposed Encroachment Fence Site Plan Attachment C — Property Owner Request Letter Attachment D — Property Photographs Attachment E — City Council Policy L-6 12-3 ``LI) 1 ■�e,0 W X01 a 1 r f ) j� i • yy,, g•^,may - •f �lyi, '� Ali t � - ti CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I 12-4 300 TING 6X6 POSTS 'C' N CxJ PLACE .� PICKET LA. 36" TALL 6RtCk i>Aygi;Z cr�TRy WAWWAY E 2x'"I N6 DRivLWgy CURB uNE LANDSCAPE AREA r .'Y 0cH01T I FENCE t ISMCK PATH U 309 KINGS PL DANNY KAI-IAL.E r��i 11 d-615-5000 DANNYKAHAL.EAGMAILCOM 1e, 12-5 Daniel Kahale 7722 Talbert Ave. Ste B Huntington Beach, CA 92648 714.615-5000 4HP dannykahale@gmail.com June 15, 2016 City of Newport Beach 100 Civic Center Dr. Newport Beach, CA 92660 Subject: REQUEST FOR ENCROACHMENT PERMIT Our home is located on the busy corner of Cliff Dr. and Kings Pl. We would like to complete a fence to keep our family safe. Our little girl is now mobile and it would be nice to spend time in the front yard. Also, we've had a number of close calls with our labrador. Although, she is well trained, she has a tendencies to sneak off and sniff around the dangerous edges of the property. A fence would keep everyone safe and contained even in the event of an accidental "escape". Therefore, our plan is to install a wood picket fence around the main front yard (Exhibit 1). The Cliff Dr./Kings PI. corner slope will be landscaped with synthetic turf and drought -tolerant plants. Although I started building the fence prior to this request, I wasn't trying to avoid permits or build a substandard fence. I did call the city to inquire about the permit process and was told that as long as the fence is three feet or less, no permit is required. Many of my neighbors have similar fences and similar setbacks. The fence posts (already set) are 6"x6" treated heartwood redwood posts. It's also worth noting that we are using top quality material and construction to maximize the life of the fence. Not only will this fence keep our family safe, it will elevate the curb appeal of our home and neighborhood. Although unintentional, I understand that it was my mistake to start the process without approval. Unfortunately, I have already invested in the high-end posts and labor, and it would be a massive financial burden to remove the posts and start over. Please grant approval of our fence and brick path. Thank you, Daniel Kahale Home Owner 300 Kings PI Newport Beach, CA 92663 12-6 ~ &� ��' :� �' ' }•*, a��� y�s Fj. S.�y lbw• or } y Y- Attachment E 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. 1 12-8 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. 2 12-9 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 3 12-10 L-6 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. 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. 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. 4 12-11 IM 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 k 12-12 L-6 Amended - May 8, 2001 Amended - January 27, 2015 12-13