HomeMy WebLinkAbout15 - Non-Standard Improvements in Right-of-Way - 401-407 Edgewater PlaceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
August 22, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Rodi Almendralo
949 - 644 -3311 or ralmendralo @city.newport- beach.ca.us
SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE
PUBLIC RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE
APPLICANTS: Thomas C. Edwards representing Burnetta Cassel, owner of 401 -405
Edgewater Place and Robert Schrimmer, owner of 407 Edgewater Place
RECOMMENDATIONS:
1. Approve the Owners request to construct non - standard encroachments, which
include, but are not limited to, installing a wooden fence not to exceed 3 feet in
height and appurtenances 4 feet into the Edgewater Place public right -of -way
adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing
the existing concrete sidewalk; and planting ground cover inside the encroachment
area. Direct staff to process an encroachment permit and prepare an
encroachment agreement for these non - standard encroachments.
XV
2. Deny the Owners request to construct non - standard private encroachments within
the Edgewater Place public right -of -way.
DISCUSSION:
The owners of 401 — 405 and 407 Edgewater Place are requesting to install non - standard
improvements within the southerly 4 feet of the Edgewater Place right -of -way including a
wooden picket or solid fence not to exceed 3 -foot in height, removing the existing City
concrete sidewalk, and planting groundcover in the area behind the new fence.
When completed, the new wooden fence will align with the easterly neighbors' existing
block walls or fences along the Edgewater Place frontage between Cypress Street and
Adams Street. Currently, there is an existing wooden fence in front of 401 — 405
Edgewater Place and a decorative metal fence in front of 407 Edgewater Place located at
the property line. The City maintains a 14 -foot wide easement for public walkway and
incidental purposes along the frontage of these properties on Edgewater Place. The City
obtained the 14 -foot wide easement as a final judgment in Orange County Superior Court,
Request to Construct Non - Standard Improvements in the Public Right -of -Way at 401 -407 Edgewater Place
August 22, 2006
Page 2
Case No. 169606 in January 1970, where a previous owner was intending to close the
existing pedestrian sidewalk along the frontage of these properties on Edgewater Place in
order to maintain the beach as a private beach. The City maintains a 10 -foot wide
easement for public walkway and incidental purposes along the frontage of all other
properties on Edgewater Place easterly of 407 Edgewater Place.
There is an existing PVC storm drain line underneath the existing pedestrian walkway. If
approved as proposed, a portion of this existing storm drain line will be located inside the
proposed private encroachment area in front of 401 -405 Edgewater Place.
CONCLUSION:
City Council Policy L -6, Private Encroachments in Public Rights -Of -Way, states that
structural encroachments such as fences, walls, patios, raised planters, etc., are permitted
so long as they encroach 1 -foot or less into the public right -of -way and an encroachment
agreement is executed by the property owner. The City's Coastal Land Use Plan that was
approved by the Coastal Commission in October 2005, and adopted by the City in
December 2005, states a policy to "protect, and where feasible, expand and enhance
public access to and along the shoreline and to beaches, coastal waters, tidelands,
coastal parks, and trails."
The proposed 4 -foot encroachment into the Edgewater Place public right -of -way exceeds
the limits of private encroachments allowed per City Council Policy.
Should the City Council approve the Owners request, an encroachment agreement will
need to be prepared and executed stipulating that the Owners and future owner(s) are
responsible for the maintenance of all of the approved non - standard improvements to the
satisfaction of the City.
Environmental Review:
Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14,
California Code of Regulations. Exemption is for minor alteration of existing facilities not
expanding existing uses.
Prepared by: Submitted by:
� 4.
Rodi Almendralo ( fhomasEdwards n p-I Sadum
Associate Engineer � Works Director
Attachments: Letter dated July 21, 2006 from
Site Map prepared by Applicant (Exhibit A)
Enhanced Site Map prepared by Staff (Exhibit B)
TCFJkis
J
IL
v
z
0
v
x
W
rJ
Y
3
I!
A
A
0
IA,
r
O
J
1
o �
P
VI
--
v W
rJ
Y
3
I!
A
A
0
IA,
r
O
J
1
o �
U
Q
W
m
J
m
a.
t
0
0
0
Z
Z
ww
0
a
w
x
Y
J
co
m
z
h
x
w
dMIu
LZV
5Z17
£Z17
LZV
6LV
LL17
9L17 IQI�
Z4 CL17
CL17
L H7
6017
L017
9017
0017
Z4 L017
W17
GYPREgS SS
0
z
w
c9
w
J
U)
z
Q
Y
�U)
"o W
W Z
m j Z
p J W
O F" Z W
LL
F- W LL O
Z - (9 w
W U Z U)
w Z m
D O
w Q w d
1
I
I
I
1
0-
Q
Q
W
Q
m
co
x
w