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Home My WebLink About13 - Request to Retain Private Improvements at 701 Orchid�a�WP °RT CITY OF U�� S ! EW O - BEACH City CouncH Staff Report Agenda Item No. 13 May 22, 2012 TO: 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 701 and 701 '/z Orchid Avenue ABSTRACT: The property owner at 701 and 701 'Y2 Orchid Avenue, Veronica R. Kitchen, is requesting to retain non - standard, private improvements within the Fourth Avenue public right -of -way which include a planter wall, with varying heights up to 2 feet, encroaching up to 6 feet, 2 inches into the public right -of -way and a brick entry walkway with three steps and with varying widths between 6'/2 to 9 feet wide. RECOMMENDATION: Waive Council Policy L -6, "Private Encroachments in the Public Rights -of- Way ", to allow the existing planter wall and entry walkway with steps, all of which encroach in excess of 1 foot into the Fourth Avenue public right -of -way, provided the property owner of 701 and 701 Y2 Orchid Avenue enter into an Encroachment Agreement with the City to maintain these private improvements within the Public Right -of -Way and that all conditions of the Encroachment Permit process are met. 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 701 and 701 Y� Orchid Avenue May 22, 2012 Page 2 71i1b *7Ldi,E Along the Fourth Avenue frontage, the property currently has: • A brick planter wall • A brick entry walkway with three six -inch high steps leading up to the front door • A decorative brick driveway approach (previously approved under Encroachment Agreement N2001 -0257, Official Record 20010636910 ) The property owner has applied for a Parcel Map and Condo Conversion for the project site (NP2006 -022, CC2006 -019). As part of the conditions of approval, the property owner is seeking an Encroachment Agreement for the existing non - standard, private improvements in the public right -of -way. The property owner has requested to retain the existing entry walkway with steps, encroaching up to 10 feet. The existing entry walkway has three six -inch steps and varies in widths between 6 Y2 to 9 feet. The first step is set back 43" from the curb face. The planter wall was constructed of a brick base and a wooden picket fence on top. The wooden picket fence was removed to keep the overall height of the planter wall less than 36 inches; now at a maximum of 2 feet high. The existing brick planter wall encroaches up to 6 feet- 2 inches into the Fourth Avenue public right -of -way. These existing private 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 property owner has reduced the planter wall to less than 36" high and is only asking for a variance for the excess of 1 foot encroachment into the public right -of -way. The variance will not impact the ability of people to exit parked vehicles. 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 some sidewalk along the Fourth Avenue right -of -way and Fourth Avenue has not been identified as a Significant Link Street in the City's circulation system (Resolution No. 88 -88). In 2010, City staff met with the property owner on site and determined the City could not require a full length sidewalk along the entire Fourth Avenue frontage as stated in the Parcel Map conditions of approval. There were two large City Eucalyptus Street Trees that prevented the installation of a sidewalk. In early 2012, the City removed the two Eucalyptus Street Trees and planted two Magnolia Street Trees in its place. LL Request to Retain Private Improvements in the Public Right -of -Way at 701 and 701 '/2 Orchid Avenue May 22, 2012 Page 3 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 Fourth Avenue right -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. 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: Public WotkKDirector A. Area Map B. Project Plan C. Council Policy L -6, Private Encroachments in Public Rights -of -Way D. Photos of Private Encroachments 3 q N Map Output Ma r_1MW1A Pa ,-e 1 of l 2009 -2011 Photos provided by Eagle Aerial Imaging w .eagleaerial.00m Selected Features y j t City Boundary A- �4iP 04P Po FwP�G 1, y4L� C 0/ H9L� a4' OP w \V Q 9L� P J� � yJ � \5 P� P .4 4J \O J� OQ. C1P OQ Q SFC PpJ 0�104LF \ Q w E 0 �259ft http: / /www6.city.newport- beach. ca. us/ servlet/ com. esri.esrimap.Esrimap ?ServiceName --nb_ info &ClientVersion =4.0 &Form =Tr... 05/01/2012 M of W J J Q U Ili W 0 ii CL FIFTH AVE. -�' N492529 "W 1 " =16' �n N h ]49.97' INDICATES CONCRETE INDICATES PAVERS INDICATES PLANTER CURVE DATA (D d = 90'11'12° R = 10.00' L = 15.71' 701 ORCHID AVE. TWO STORY RESIDENCE BRICK RET. WALL H= 1.5' -2.0' W =0.67' --\ f + -q�4 S492428 "E CL FOURTH AV� EXHIBIT A TOPOGRAPHIC SURVEY 149.99' KITCHEN RESIDENCE PATRICK SAVAGE, PLS 5183 BENCHMARK 701 ORCHID AVENUE APRIL, 2012 OCBM T- 167 -R54 CORONA DEL MAR, CA SCALE: 1" = 16' ELEV.89.12' NAVD88 (OCS 1995 ADJ) ONE STORY OAF_ 3 W U � I� 25' 15' 7" CF W/ ' 16" GUTTER W rn Q U J w � U o� C tv W � 0 Favreau ® Savage, Incorporated Land Surveying 3434 Via Lido oSuite 250 Newport Beach, California 92663 (949) 675 -8030 0 (949) 675 -1823 >':PHOY.E1 TN.5;: o GARAGE BELOW o�m o RESIDENCE ABOVE Y y Z . �n N h ]49.97' INDICATES CONCRETE INDICATES PAVERS INDICATES PLANTER CURVE DATA (D d = 90'11'12° R = 10.00' L = 15.71' 701 ORCHID AVE. TWO STORY RESIDENCE BRICK RET. WALL H= 1.5' -2.0' W =0.67' --\ f + -q�4 S492428 "E CL FOURTH AV� EXHIBIT A TOPOGRAPHIC SURVEY 149.99' KITCHEN RESIDENCE PATRICK SAVAGE, PLS 5183 BENCHMARK 701 ORCHID AVENUE APRIL, 2012 OCBM T- 167 -R54 CORONA DEL MAR, CA SCALE: 1" = 16' ELEV.89.12' NAVD88 (OCS 1995 ADJ) ONE STORY OAF_ 3 W U � I� 25' 15' 7" CF W/ ' 16" GUTTER W rn Q U J w � U o� C tv W � 0 Favreau ® Savage, Incorporated Land Surveying 3434 Via Lido oSuite 250 Newport Beach, California 92663 (949) 675 -8030 0 (949) 675 -1823 CL FIFTH AVE. N492529 "W 149.97' CURVE DATA Q1 d = 90-01'12" R = 10.00' 54924'48 "E 11799' L 'OPER.'ry LINF. 'S; ::; .::. ': -: .::.::• -'. -.' : '. • . ' ...: �n N �n CL FOURTH AVE. 15 701 ORCHID AVE. ONE TWO STORY O ✓11114 • N NI LU 7' N `-`5;� �,�,� o b�! om Q !.� W: •O O GARAGE BELOW w 3 U RESIDENCE ABOVE o e <: a y N Qc W 00 In IJ �n N �n CL FOURTH AVE. S49 24'28 E 149.99' INDICATES CONCRETE INDICATES PAVERS - INDICATES PLANTER 3 W W F' U � 1� •.:r . .I 25' 15 701 ORCHID AVE. ONE TWO STORY O ✓11114 • N NI BRICK RET. WALL Q �,�,� i . b�! S49 24'28 E 149.99' INDICATES CONCRETE INDICATES PAVERS - INDICATES PLANTER 3 W W F' U � 1� •.:r . .I 25' EXHIBIT A TOPOGRAPHIC SURVEY Favreau *Savage, Incorporated KITCHEN RESIDENCE PATRICK SAVAGE, PLS 5183 Land Surveying BENCHMARK 3434 Via Lido o Suite 250 701 ORCHID AVENUE APRIL, 2012 OCBMT- 167 -R54 CORONA DEL MAR, CA SCALE: 1" = 16' 1 ELEV. 89.12'NAVD88 Newport Beach, California 92663 (OCS 1995 ADJ) (949) 675 -8030 0 (949) 675 -1823 W 15 7" CF W/ 16" GUTTER LU Q C) . •O O w 3 U W a CL a y EXHIBIT A TOPOGRAPHIC SURVEY Favreau *Savage, Incorporated KITCHEN RESIDENCE PATRICK SAVAGE, PLS 5183 Land Surveying BENCHMARK 3434 Via Lido o Suite 250 701 ORCHID AVENUE APRIL, 2012 OCBMT- 167 -R54 CORONA DEL MAR, CA SCALE: 1" = 16' 1 ELEV. 89.12'NAVD88 Newport Beach, California 92663 (OCS 1995 ADJ) (949) 675 -8030 0 (949) 675 -1823 W J / -\ \� it //•\\ � �/ f li � � I I C\ �l li II EXHIBIT C L-6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -O&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 witldn 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 -B. 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 louse 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 Lei LOR-4 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 Lr2. 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 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 i. 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 3 n 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 sidewalks 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. 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 13 IV 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 F'1 ly jilM iih )6-1 EXHIBIT D PHOTOS OF PRIVATE ENCROACHMENTS (EUCALYPTUS STREET TREES IN PLACE) Iip PHOTOS OF PRIVATE ENCROACHMENTS (POST EUCALYPTUS TREE REMOVALS) ,' 2.1