HomeMy WebLinkAbout13 - Request for Waiver of City Council Policy L-6 at 2209 Private RoadQ SEW Pp�T
CITY OF
s NEWPORT BEACH
C'94IF09 City Council Staff Report
August 8, 2017
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director — 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Antony Brine, City Traffic Engineer
tbrine@newportbeachca.gov
PHONE: 949-644-3329
TITLE: Request for Waiver of City Council Policy L-6 at 2209 Private Road
ABSTRACT:
The property owner of 2209 Private Road (Owner) is requesting a waiver of City Council
Policy L-6 to maintain an existing six-foot high concrete retaining wall within the public
right-of-way on Private Road.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow
the existing six-foot high concrete block wall and appurtenances that encroach into
the Private Road public right-of-way to remain in place, contingent upon all conditions
of the Encroachment Permit process being met; and
c) Direct staff to enter into an Encroachment Agreement with the Owner and authorize
the City Manager and City Clerk to execute the Encroachment Agreement within one
(1) calendar year upon receipt of approval; or
d) Provide other direction to staff.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Request for Waiver of City Council Policy L-6 at 2209 Private Road
August 8, 2017
Page 2
DISCUSSION:
The Owner of 2209 Private Road is requesting a waiver of City Council Policy L-6 to
maintain an existing six-foot high concrete wall within the Private Road public right-of-
way. The public right-of-way extends 10 feet behind the existing curb. The existing
retaining wall is located at the back of the existing sidewalk, approximately 9 feet from the
back of curb. The existing wall encroaches approximately one foot into the public right-
of-way. Public Works has no records of the date of construction of the wall. City Council
Policy L-6 was adopted on August 25, 1969. Private Road was built in 1959.
City Council Policy L-6, "Public 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., that exceed 3 feet in
height are prohibited. The Owner is requesting City Council consideration for waiver of
this policy to allow an existing encroachment to maintain the existing six-foot high
retaining wall.
In staff's review, the existing wall does not affect the walking pathway. The requested
action would not diminish the rights of the public, present and future at that location
regarding the sidewalk. As an alternative direction, the City Council could require Property
Owner, as part of their proposed home replacement project, to either:
1. Remove the existing 6' high block wall currently within the City right-of-way, and
construct any new walls outside the public right-of-way; or
2. Cut the existing 6' high block wall (currently within the City right-of-way) down to a
level below 3' in height to comply with Council Policy L-6 (Al), (i.e. encroachments
shall not exceed 3 feet in height), contingent upon the property owner entering into
a City Encroachment Agreement allowing said encroachment.
Should the City Council elect to approve the waiver and maintain the existing wall, staff
recommends that the City Council require the Owner to enter into an encroachment
agreement with the City. The encroachment agreement specifies the rights of the City
including future removals, Hold Harmless and the responsibilities of the 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.
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Request for Waiver of City Council Policy L-6 at 2209 Private Road
August 8, 2017
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is exempt from 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 will not result
in a 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:
Attachment A — Project Site Plan
Attachment B — Location Map
Attachment C — City Council Policy L-6
Attachment D — Property Photograph
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ATTACHMENT A
EXHIBIT A
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Attachment B
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CITY OF NEWPORT BEACH
2209 PRIVATE RD
LOCATION MAP PUBLIC WORKS DEPARTMENT
8/8/2017
13-5
Attachment C
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.
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.
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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
13-11
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