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HomeMy WebLinkAbout31 - 6707 & 6709 Seashore Drive Improvementsr � COUNCIL AGENDA • CITY OF NEWPORT BEACH 31 CITY COUNCIL STAFF REPORT _ t 3 _ p Agenda Item No. 10 May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 or ilee @city.newport- beach.ca.us SUBJECT: NON STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE APPLICANT: WILLIAM F. FREY II & KRISTINA L. FREY RECOMMENDATION: 1. Deny encroachment permit N2005 -0490 based on its non - conformance with provisions documented in Council Policy L -6 and safety hazard potentials. 2. Direct staff to condition Owner to remove all non - standard, unpermitted improvements from the public right -of -way fronting 6707/6709 Seashore Drive, within 30 days. DISCUSSION: Background: William Frey and Kristina Frey, property owners (OWNER) of 6707 and 6709 Seashore Drive, are requesting approval to retain an unpermitted, non - standard improvement within the Seashore Drive public right -of -way. The non - standard improvements consist of a raised patio landing built with a height of up to 30 inches, across the width of the property. The patio has a facing constructed of slate stack stones that encroach up to four feet into the southerly four -foot wide Seashore Drive public parkway. (See Exhibit "A ".) Previously, an approved encroachment agreement (EPN2000 -308; OR_20000500933) was executed and recorded to permit a "raised concrete patio (encroach six inches) with a three -foot high wrought (iron) railing... ". The six -inch encroachment was permitted to allow for a landing outside the two existing french doors; however, improvements in addition to what was documented in the encroachment agreement were never permitted. • A 'red -tag" to stop the non - standard improvement construction was issued on September 8, 2005. A Notice of Violation was issued on October 26, 2005 to remove the unpermitted encroachments and restore the public right -of -way. The Owner and Non Standard Improvements at 6707 and 6909 Seashore Drive May 23, 2006 Page 2 contractor ignored the STOP -ORDER and continued with the unpermitted construction • until completion. It should also be noted that the work was constructed by a contractor that at the time did not have a current State Contractors License or City Business License. City Council Policy L -6 -A states that encroachments in excess of one foot in the public - right -of -way are prohibited. Encroachments within two feet of the curb will impact bicycle traffic in the adjacent, heavily used bike lane. Bicyclists will shy away from nearby encroachments thereby reducing the usefulness of the separate bike lane along Seashore Drive. Staff recommends that the City Council deny the Owner's request to retain the illegal non - standard improvement in the public right -of -way fronting 6707 and 6709 Seashore Drive. Staff further recommends that the Owner be directed to remove the illegal encroachments within 30 days of the final City Council action. Environmental Review: Pursuant to Section 15303, New Construction or Conversion of Small Structures — Class III of CEQA Guidelines, this action is exempt from environmental review. Prepared by: Submitted by: , P. E. ephen G. ad um Associate Civil Engineer Public Works Director Attachment: Exhibit "A" — Photos of Illegal Improvements • i `� %�' s � a �U� �� V .= '<•:j z:�w'..� i �.:. I 'CR �s '. ��'