HomeMy WebLinkAbout07 - 3101 Clay Street2EWPpQT
= CITY OF
NEWPORT BEACH,
City Council Staff Report Agenda Item No. 7
September 10, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Kathryne Cho,_�unior Civil Engineer
APPROVED: /
TITLE: e- est to Retain Existing Private Improvements within the Public
R ght -of -Way ai 3101 Clay Street
ABSTRACT:
The owners of 3101 Clay Street (Owners) request to retain the existing white picket fence
and posts encroaching into the Clay Street and Catalina Drive rights -of -way.
RECOMMENDATION:
1. Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to
allow a white vinyl picket fence with posts to encroach up to 8 -feet 5- inches into the
Clay Street and Catalina Drive rights -of -way, contingent upon all conditions of the
Encroachment Permit process being met.
2. Direct Staff to enter into an Encroachment Agreement with Owners and authorize the
City Manager and City Clerk to execute the Encroachment Agreement,
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The owners of property located at 3101 Clay Street have requested a waiver from City
Council Policy L -6, Private Encroachments in the Public Rights -of -Way to retain the existing
white vinyl picket fence located in the right -of -way. The existing fence is taller than 36- inches
and encroaches up to 7 -feet 6- inches into the Clay Street right -of -way and 8 -feet 5- inches
into the Catalina Drive right -of -way. Based on the City's aerial photos, the fence was
installed within the City's right -of -way between 2006 and 2010 without approval or permit.
Currently there is a 2 -inch galvanized steel City water line within the fenced area along
Catalina Drive. In order to keep the existing fence with the street right -of -way, the property
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Request to Retain Existing Private Improvements within the Public Right -of -Way at 3101 Clay
Street
September 10, 2013
Page 2
owners will be required to enter into an Encroachment Agreement with the City which permits
the City to terminate rights granted, at any time in the future. This also could require the
removal of the fence and posts if and when access to the City's water line is necessary.
Finally, no sidewalks exist along the Clay Street and Catalina Drive rights -of -way, and neither
of these streets has been identified as a Significant Link Street in the City's Circulation
System (Resolution No. 88 -88). With the encroachment agreement in place and no current
need to install a sidewalk, staff supports leaving the existing fence and posts in place as it
does not presently diminish the rights of the public.
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:
—��/ -,- -d14 JVJ
David A. Webb
Public Works Director
Attachments: A. Location Map
B. Project Plan
C. Project Photos
D. Water Line Location
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Imagery: 2009 -2011 photos provided by Eagle
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ATTACHMENT C
3101 Clay Street - View from Clay Street
3101 Clay Street - View from Catalina Drive
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disclaim any and all responsibility from or relating to
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Imagery: 2009 -2011 photos provided by Eagle
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