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HomeMy WebLinkAbout19 - Via Oporto ROW Private ImprovementsCITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer PHONE: (949) 644 -3334 TITLE: Request to Install New Private Improvements within the Via Oporto Public Right -of- Way in Lido Marina Village ABSTRACT: The owners of Lido Marina Village (Owners) request approval to install recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances within the Via Oporto public right -of -way. RECOMMENDATION: a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Via Oporto public right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The design concept for Lido Marina Village was presented at the City Council Study Session on January 14, 2014 and at the Planning Commission Study Session on February 6, 2014. At that time, staff identified that most of the approvals will be at the staff level with the exception of the private improvements within the public right -of -way, the harbor side improvement (boat slips and boardwalk) and the Conditional Use Permit (CUP) for the reduction of on -site parking requirements. The harbor side improvements are currently being designed and will require approval from the Harbor Commission. The CUP for the reduction of on -site parking requirements will be reviewed by the Planning Commission on December 4, 2014. This action before you, if approved, would allow the private improvements within the public right -of -way to be constructed per the new Lido Marina Village Concept plan seen by the Council and public at the January 14, 2014 meeting. The Owners of Lido Marina Village are currently renovating the buildings and parking structure in the center. As a part of the renovation, the Owners are requesting a waiver from City Council Policy L -6, Private Encroachments in Public Rights -of -Way, in order to install new private improvements in the Via Oporto public right -of -way between Via Lido and Central Avenue. The proposed improvements include recessed planters, raised planters not to exceed 36- inches in height, decorative wood deck pedestrian crosswalks, bike racks, private landscaping and irrigation improvements and appurtenances. These private encroachments will encroach into the entire 48 -foot wide Via Oporto right -of -way. In August 1973, the former owner of Lido Marina Village entered into an agreement with the City to install private improvements within the Via Oporto right -of -way. Those improvements included brick paving street and sidewalk surfacing, raised landscaped planters, a fountain, decorative street lights, private landscaping and irrigation improvements and appurtenances. As a part of the proposed Via Oporto improvement work, the raised planter in the middle of Via Oporto at the alley will be removed, the brick paving street and sidewalk surfacing will be repaired and the decorative street lights will be replaced. The Owners are also proposing to install diagonal metered parking and private landscaping and irrigation improvements on Central Avenue. City Council Policy L -6, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right -of -way. In order for these desired improvements to be allowed, Council will need to waive portions of Council Policy L -6 and the applicant will need to enter into the necessary Encroachment Agreement with the City. Currently, there are City -owned utilities on Via Oporto but they will not be impacted by the proposed private encroachments. These proposed private improvements will not diminish the rights of the public, present and future. Should the City Council elect to approve the installation of the proposed private improvements and appurtenances, staff recommends that the City Council require the property owner to enter into a new encroachment agreement with the City to include all private improvements on Via Oporto. ENVIRONMENTAL REVIEW: 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). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Via Ooorto Improvement Plans Attachment C - Via Oporto Improvement Renderings Attachment D - 1973 Agreement and Declaration of Covenants Between Landowners Attachment E - City Council Policy L -6 19 -2 ATTACHMENT A 19 -3 m Z W 7- Q II 3Qtli VNR OOII awn u.� u.e l-dl �•: +....,.e °:. 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A ¢z ¢ �e p 8k 4 ..9-.L low ME � La<gg6 i$ X0'111 0 1 a �e 'PIP ILL! \ ..9 6 sF�gg �gg I M LL O U H z W 5 U Q H Q Y T J in.�, o I co LL O N U z w 2 U Q H Q O O a O Q CD z ry w 0 z w ry 0 d, U �1 qu 40 a ire. u Q 2�a J Q Z Q O O 0 0 d 0 Q C7 Z_ W 0 Z W I b Z W 2 U Q a•� qu 40 a ire. u Q 2�a J Q Z Q O O 0 0 d 0 Q C7 Z_ W 0 Z W I b ATTACHMENT D RESOLUTION NO. 8075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT • BEACH AND DONALD M. KOLL FOR THE MAINTENANCE OF CERTAIN CITY STREETS LOCATED IN LIDO VILLAGE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Donald M. Koll for the maintenance of certain city streets in the Lido Village area; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interest of the City. NOW, THEREFORE, DE IT RESOLVED that said agreement for the maintenance of certain city streets in the Lido Village area is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of August , 1973. ATTEST. City Clerk • IED AS TH& OR AL DON: sh __...eC4Gyso� 8/21/73 b�CnV CLMK OF IHE CnV OF NEWF i BFACa DAM _ AUG 2 9 1973 19 -12 ATTACHMENT L -6 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 Lr2. 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 installed at grade and grouted. 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. 1 19 -13 U6 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services 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 Lr2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone /brick) installed at grade (subject to General Services 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. 2 19 -14 L-6 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 Iength 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. In the commercial areas 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. 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, 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 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. i. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 19 -15 L-6 back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed Tin height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. L Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of T -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. 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. 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 Uniform Building Code under a valid building permit issued by the City. 4 19 -16 110 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 General Services 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 - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 5 19 -17