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Home My WebLink About14 - 39 Catalina - Request to Retain ImprovementsNEWPORT BEACH City Coi ncH Staff Report Agenda Item No. 14 February 28, 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: Kathryne Cho, Junior Engineer APPROVED: TITLE: Request to Retain Private Improvements in the Public Right -of -Way at 339 Catalina Drive ABSTRACT: The property owners at 339 Catalina Drive, Jack K. Hamilton and Robyn L. Hamilton, are requesting to retain private improvements within the Catalina Drive public right -of- way which include concrete stair risers, 36 -inch tall keystone planter walls, a 9 -foot wide flagstone carriage walk, and one private Cypress tree. RECOMMENDATIONS: 1. Waive Council Policy L -6, "Private Encroachments in-the Public Rights -of- Way ", to allow the existing stair risers, planter walls „upg ded carriage walk and private tree, all of which encroach in excess of 1�foot into the Catalina Drive public right - of -way, provided the property owners of 339 Catalina Drive to 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 339 Catalina Drive February 28, 2012 Page 2 DISCUSSION: Along the Catalina Drive frontage, the property currently has: • A stone stairway of varying widths with a 9 -foot wide stone carriage walk that leads up to the home • A short stone planter wall along the entire width of the property • Six private Cypress trees which have been maintained by the property owners The property owners have requested to retain the existing stairway and have proposed to remove the stone. There will be five concrete stair risers within the Catalina Drive public right -of -way, encroaching up to 4 feet. The existing stone carriage walk will be removed and replaced with new flagstone in the same location, encroaching up to 7 feet into the Catalina Drive public right -of -way. The existing 28 -inch tall stone planter wall will be removed and replaced with a 36 -inch tall keystone planter wall system in the same location, encroaching up to 4 feet. One of six existing Cypress trees will be protected in place. These private improvements violate Council Policy L -6, Section A, Item 1, which prohibits private improvements which 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. Approval of this variance would allow for beautification of the home, as well as the neighborhood. 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 are no sidewalks along the Catalina Drive right -of -way nor has Catalina Drive 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 Catalina Drive 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. Request to Retain Private Improvements in the Public Right -of -Way at 339 Catalina Drive February 28, 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: Attachments: A. B. C. D. Area Map Project Plan Council Policy L -6, Photos of Existing Private Encroachments in Public Rights -of -Way Private Encroachments ig lj� 1111, - '1111 Q w Q l� EXHIBIT A YS, \ ff , �.`� , III , ,_ ,1�� ((�„ f � � '`v' � l i � � ��, �� > Ji L./ 01 Al FILE OF GIiRB-� f LIP OP fI1T iCtJ Ensung 28 inch tall stone wall to be replac with a 36 inch tall keystone wall system in same location W a!I to he 3 feet from curb face. Alignment shall follow existing curb. PROJECT PLAN iva M UM6M FIELD PER(q !9a -O') Landscaping shall be low - growing ground cover wvthin he first 12 inches from the curb face, to allow of ingress and egress of car passengers. Otherwise, landscaping shall be a maximum height of 36 inches except for one existing cypress tree which will be privately maintained. CUM L6 Fxlsbng stone stairway to remain in place. Owz to remove the stone for a aray concrete finish. CATALINA DRIVE Q9 S CW pwim, 'LffGf RE M PM e oa -o* to be removed and ced with new flagstone in e location. 77' ,MAI H N H H {,� �' All I EXHIBIT C L -6 PRIVATE ENCROACHMENTS.IN PUBLIC RIGHTS- OP-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 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. L -6 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. 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 General Services Department review for tree well location). 5. CATV and public utility facilities. b. 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. L 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 mirurnum of 3' from 3 Ir6 back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility though them, and not to exceed Tin height above existing public sidewalk grade. C. Patios with a nunimum 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 T -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 wluch 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 L -6 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 pernuts 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. n� lit �� (� , � IA i A �,� EXHIBIT D