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The harbor side improvements are currently being designed and will require approval from the Harbor <br />Commission. The CUP for the reduction of on -site parking requirements will be reviewed by the Planning <br />Commission on December 4, 2014. This action before you, if approved, would allow the private <br />improvements within the public right -of -way to be constructed per the new Lido Marina Village Concept <br />plan seen by the Council and public at the January 14, 2014 meeting. <br />The Owners of Lido Marina Village are currently renovating the buildings and parking structure in the <br />center. As a part of the renovation, the Owners are requesting a waiver from City Council Policy L -6, <br />Private Encroachments in Public Rights -of -Way, in order to install new private improvements in the Via <br />Oporto public right -of -way between Via Lido and Central Avenue. The proposed improvements include <br />recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian <br />crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances. These <br />private encroachments will encroach into the entire 48 -foot wide Via Oporto right -of -way. <br />In August 1973, the former owner of Lido Marina Village entered into an agreement with the City to install <br />private improvements within the Via Oporto right -of -way. Those improvements included brick paving street <br />and sidewalk surfacing, raised landscaped planters, a fountain, decorative street lights, private <br />landscaping and irrigation improvements and appurtenances. As a part of the proposed Via Oporto <br />improvement work, the raised planter in the middle of Via Oporto at the alley will be removed, the brick <br />paving street and sidewalk surfacing will be repaired and the decorative street lights will be replaced. <br />The Owners are also proposing to install diagonal metered parking and private landscaping and irrigation <br />improvements on Central Avenue. <br />City Council Policy L -6, Section A, prohibits structural encroachments including fences, walls, patios, <br />raised planters, etc., which encroach in excess of 1 -foot into the public right -of -way. In order for these <br />desired improvements to be allowed, Council will need to waive portions of Council Policy L -6 and the <br />applicant will need to enter into the necessary Encroachment Agreement with the City. <br />Currently, there are City -owned utilities on Via Oporto but they will not be impacted by the proposed <br />private encroachments. These proposed private improvements will not diminish the rights of the public, <br />present and future. <br />Should the City Council elect to approve the installation of the proposed private improvements and <br />appurtenances, staff recommends that the City Council require the property owner to enter into a new <br />encroachment agreement with the City to include all private improvements on Via Oporto. <br />ENVIRONMENTAL REVIEW: <br />This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060 <br />(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the <br />environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA <br />Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in <br />physical change to the environment, directly or indirectly. <br />NOTICING: <br />The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at <br />which the City Council considers the item). <br />ATTACHMENTS: <br />Description <br />Attachment A - Location Mao <br />Attachment B - Via Ooorto Improvement Plans <br />Attachment C - Via Oporto Improvement Renderings <br />Attachment D - 1973 Agreement and Declaration of Covenants Between Landowners <br />Attachment E - City Council Policy L -6 <br />19 -2 <br />