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Home My WebLink About05 - Private Improvements in Right-of-Way on Sylvia LaneTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Socheata Chhouk, Associate Civil Engineer APPROVED: TITLE: Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane ABSTRACT: The property owners at 1539 Sylvia Lane, Marshall Scott Solomon and Maria Lee Solomon, Trustees of The Solomon Revocable Living Trust, are requesting to retain private, non - standard improvements within the Sylvia Lane and Beryl Lane public rights - of -way, which include a brick mailbox pilaster and wooden picket fence, with varying heights up to 2 feet, 10 inches and encroaching up to 5 feet, 3 inches into the public rig hts -of -way. RECOMMENDATION: Waive Council Policy L -6, "Private Encroachments in the Public Rights-of-Way", to allow the existing brick mailbox pilaster and wooden picket fence, all of which encroach in excess of one foot into the Sylvia Lane and Beryl Lane public rights -of -way, provided the property owners enter into an Encroachment Agreement with the City to maintain these private improvements within the public rights -of -way and that all conditions of the Encroachment Permit process are met. Authorize the City Manager to execute the Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. All improvements will be funded by the property owners. Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane June 26, 2012 Page 2 DISCUSSION: Along the Sylvia Lane and Beryl Lane frontages, the property currently has a brick mailbox pilaster and a wooden picket fence. The property owners have requested to retain these existing private, non - standard improvements in the public rights -of -way. The brick mailbox pilaster is 19" by 22" wide and 51" high and is located at the back of curb. The wooden picket fence is 30" high. The wooden posts are 34" high. The fence encroaches up to 5' -3" into the right -of -way. The property line is 7' from the curb face. These existing private, non - standard improvements violate Council Policy L -6, Section A, Item 1, which prohibits private improvements to encroach in excess of 1 foot into the public right -of -way. The property owner is asking City Council for a variance to Council Policy L -6 under Section G. The variance will not impact the ability of people to exit parked vehicles. The fence is located 21 -22" behind the curb face. Typically, the City requires 18" behind the curb face to be clear for passenger access and vehicle door swing. There are no existing City utilities within the parkway and the proposed encroachments do not impact the public interest. These private improvements do not diminish the rights of the public, present and future. Presently, there is no public sidewalk along the Sylvia Lane and Beryl Lane public rights -of -way and these two roadways have not been identified as a Significant Link Street in the City's circulation system (Resolution No. 88 -88). An Encroachment Agreement would permit the City to terminate rights granted at any time in the future and could require removal of the non - standard improvements within the Sylvia Lane and Beryl Lane public rights -of -way. 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. Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane June 26, 2012 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). Submitted by: ifi'G. Badum Works Director Attachments: A. Area Map B. Project Plan C. Photos of Private Encroachments D. Council Policy L -6, Private Encroachments in Public Rights -of -Way E. Letter from Property Owners ATTACHMENT A 0 E rn o W T � n `m D N N N a y m o y ' 6 � i C9 � m COa N E o � v s�or f ' troy �', f Boa I sP °ro / oor \ y� 1, , o %lsto \ Ln / soy ol _ Or �V ev t r to El > ^ qj -Bcgj F ^yry� ' 1 ° .. ^ywy ,` \\ ^moo ry . .bah° .- N • ry A� r 4i f \ 1 ° ` \ : w � f� ' ^P�' ..,.,tip.. \ j • Ot' ATTACHMENT B 1. EXHIBIT B - PROJECT SITE PLAN I P.A. - 2 �L J , I Ion. IW 1 �' .. E) SEWER IN TURF and FRONT I LATERAL = .10 r. PLANTED AREA ! O 0OP,,OH I Ip I IN: t II im !J ' ' ADD 30 S.F. N 2% f.r /YY9� TO 15T FLR I� dIV I ' ,i, . j • ADD 875 S.F. I3 I 1, �TO 2ND FLR 10 /(E) BRICK WALK, I$ I I I ADD 17 S,F. fop I P.A. I TO GARAGE I m ry. _...._._.,_.__..._.__ .......... ......:...T i l - � W EXISTING � E O RE }}.. TWO-CAP i ........... .. I 1 F- GAR,4G DD 10° WIDE I � d r I x\ a :D SLOPE 199' MIN E 110.00' 5' CURB GUTTER j i I (E).W OD W —FENG TO z REMAI I Q �. Q m � I VI I I (E) MAILBOX PILASTER AND PICXET FENCE IN R.O.N TO REMAIN- A CITY ENCROACHMENT AGREEMENT IS REQUIRED I NEW I OTTOMLESSI _TRENG bRAIN AT II__ DP_rJDF ITV I'IfJF _ SFF TO EXISTING STREET L GHT AND ELECTRICAL VAUL 18' -0 . FAI BERYL LANE VIM CURB DRAIN /lq�\ p[ I / I" p.90° R = 18' LR�i (E)• 6' VC L = 28.27' .. N I 1 SEWER LATERAL ° 2,0 PROPERTY LINE ry� A 7i CONSTRUCT G.O. P R CI 15b 5T N Q p r4 V� I PRIV. PROP. $ NEW AND GPC 5TANDARDS EWER PER GNB� I P.A. - 2 �L J , I Ion. IW 1 �' .. E) SEWER IN TURF and FRONT I LATERAL = .10 r. PLANTED AREA ! O 0OP,,OH I Ip I IN: t II im !J ' ' ADD 30 S.F. N 2% f.r /YY9� TO 15T FLR I� dIV I ' ,i, . j • ADD 875 S.F. I3 I 1, �TO 2ND FLR 10 /(E) BRICK WALK, I$ I I I ADD 17 S,F. fop I P.A. I TO GARAGE I m ry. _...._._.,_.__..._.__ .......... ......:...T i l - � W EXISTING � E O RE }}.. TWO-CAP i ........... .. I 1 F- GAR,4G DD 10° WIDE I � d r I x\ a :D SLOPE 199' MIN E 110.00' 5' CURB GUTTER j i I (E).W OD W —FENG TO z REMAI I Q �. Q m � I VI I I (E) MAILBOX PILASTER AND PICXET FENCE IN R.O.N TO REMAIN- A CITY ENCROACHMENT AGREEMENT IS REQUIRED I NEW I OTTOMLESSI _TRENG bRAIN AT II__ DP_rJDF ITV I'IfJF _ SFF TO EXISTING STREET L GHT AND ELECTRICAL VAUL 18' -0 . FAI �.v °� t. . 1 R Will" J air a _ il(_' .tea; .a^ozn \.�•�i.£.. r... -? „i�f .. ......tom _ �E r. ��A r ATTACHMENT EXHIBIT D- 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 I 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 W1 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. Sluub 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 1r2. 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 L-6 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. 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. 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 V above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 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 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. L 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. 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 Uniform Building Code under a valid building permit issued by the City. 4 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 TTAC MENT E EXHIBIT E- LETTER FROM PROPERTY OWNERS MARSHALL & MARIA SOLOMON 1539 SYLVIA LAND' NEWPORTBEACH, CA 92660 (949) 63.1 -6753 June 4, 2012 Dear Newport Reach City Council Members, We are constituents of yours living in the Dover Shores area. We have been working with the Public Works Department at City I fall to find a way to resolve a small matter involving our property. We recently completed a remodel of our home on Sylvia Lane (in the sister streets portion of Dover Shores). In connection with our final sign -off, the city raised an issue regarding a front lawn fence that we have on our property that sits on an easement. Councilman hill graciously helped us to remove resolution of this issue as a condition of our final construction sign -off with the understanding that we would still apply for an encroachment permit and put the matter before you, the City Council. We are now appealing to all of you to grant the encroachment permit for the reasons outlined below. As we are on a corner, the fence itself protects our liont yard from both Beryl and Sylvia Lane. We have 2 young children and a dog and a number of the neighborhood kids love to play on the large olive tree sitting in our front yard. "therefore, the fence itself serves a very valid purpose in protecting everyone from cars and passersby. The fence itself has been in its same location since at least 2001 as the aerial photos will attest. As you can see from the enclosed pictures, the fence is no more than 3 feet high and is in very good shape. We understand thut the fence sits in an casement. As you may know, our neighborhood does not have sidewalks and it is our understanding that the City has no plans to install them. Certainly if tho City ever decides to build a sidewalk, it would be our responsibility to pay for the removal of the fence as it is an encroachment. Given the fact that fence has been in the same location for a number of years, the fact that City doesn't have any plans to build sidewalks in our neighborhood, the size of the fence, etc. it is our understanding that all City officials who have reviewed this case to date agree with the reconunendat ion to allow the fence to remain "as is" and wo appeal to you to do the same. Thank you for your consideration. Sincerely, L 'N. Marshall Solomon Maria Solomon