TO:
Honorable Mayor Powell and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Richard Thompson, Community Development Director
Nhung Madrid, Management Analyst
Eric Haaland, Associate Planner
SUBJECT: Title
Parking and Public Improvements Commission Recommendation to Approve an Encroachment Permit Appeal to Allow a Raised Yard in the Public Right-of-Way at 519 21st Street.
APPROVE
Body
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RECOMMENDATION: The Parking and Public Improvements Commission recommends that the City Council approve the encroachment appeal request
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The Parking and Public Improvements Commission (PPIC), at its regular meeting of July 26, 2012, recommended approval (4-1 vote, Stabile dissenting) to the City Council of an encroachment permit appeal to allow a raised yard within City right-of-way on a vehicular street adjacent to a remodeled single-family residence. In accordance with Section 7.36.080 of Manhattan Beach Municipal Code, the Parking and Public Improvements Commission (PPIC) must review the appeal request and forward its recommendation to the City Council. The City Council, after receiving a PPIC recommendation, can approve exceptions to the City’s encroachment standards as it determines to be appropriate.
DISCUSSION:
The submitted appeal plans show a new concrete retaining wall, as much as 2 feet tall, forming a raised and leveled front yard for the house occupying most of the site’s existing sloped encroachment area (currently unused public right-of-way) with a walkway leading to the house. The approved home remodel plan does not call for any encroachment work in the right-of-way. Section 7.36.150 of the Municipal Code permits fences and walls in encroachment areas at a maximum height of 3.5 feet in these areas, but does not permit changing the grade in drive-street encroachment areas (unlike walk-streets). This precludes the possibility of continuously leveling the applicant’s front yard area, which consists of some private property and some right-of-way area. Staff would permit a maximum 1-foot tall level retaining wall based on the practice of treating 6-inch curb-height grade changes as insignificant, and applying an averaging method on the slope. This method would not allow the larger level yard desired by the applicant.
The PPIC recommended approval of the raised grade request for the following reasons:
1. There are some raised yards in the neighborhood partially within the encroachment areas.
2. The raised yard will not be visually obtrusive or disruptive to the public.
3. No public parking would be displaced.
The Commissioner opposing the request felt that the project should be in compliance with the encroachment standards and that approving exceptions such as this encourages similar future requests.
Manhattan Beach Municipal Code Section 7.36.065 requires Staff to make the following findings when approving Encroachment Permits:
A. The granting of the encroachment permit will not be materially detrimental to the public health, safety, convenience, and welfare or injurious to property and improvements in the same vicinity and zone in which the property is located;
B. The granting of the encroachment permit will be in conformity with the policies and goals of the General Plan;
C. The proposed encroachment will comply with the provisions of this chapter, including any specific condition required;
D. The proposed encroachment will not encroach into the area of the right of way occupied by an improved paved sidewalk or pedestrian or vehicular accessway or stairway, except as expressly provided in this chapter;
E. The proposed encroachment will not reduce or adversely impact public pedestrian access along the paved and improved portion of the sidewalk, walk street, alley or stairway and does not reduce or adversely impact the vehicular access along the improved alley.
F. For properties that are located in the coastal zone, the proposed encroachment will be consistent with the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976, as follows:
1. The proposed encroachment will not impact public access to the shoreline, adequate public access is provided and shall be maintained in the public right of way adjacent to the subject property (Section 30212 (a)(2)).
2. The present end foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area (Section 30221).
PUBLIC INPUT:
One comment received by the PPIC (attached to its staff report) was from a neighbor supporting the raised yard proposal. Two other written public comments received during and after the PPIC’s consideration opposed the request, expressing that encroachment standard exceptions should not be approved without unusual circumstances being present.
ENVIRONMENTAL REVIEW:
The Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301.
CONCLUSION:
Should the City Council accept the PPIC’s recommendation to approve the encroachment appeal request, staff will issue the applicant’s proposed encroachment permit and impose a condition requiring cost reimbursement if the raised yard results in unusual future costs to the City.
ALTERNATIVE:
Remove this item from the Consent Calendar, discuss the decision of the PPIC, and direct staff as determined to be appropriate.
Attachments:
1. PPIC Minutes excerpt, dated 10/26/12
2. PPIC Staff Report and attachments, dated 10/26/12
3. Opposition letters