CITY COUNCIL STAFF REPORT
December 5, 2023 {{section.number}}g
REVIEW ENCROACHMENT PERMIT APPLICATION NUMBER E2309-003 FOR INSTALLATION OF PRIVATE SEWER LATERAL AT 478 ORANGE AVE IN THE PUBLIC
RIGHT-OF-WAY AND CONSIDER APPROVAL OF AN ENCROACHMENT MAINTENANCE
AND REMOVAL AGREEMENT COVERING SAID PRIVATE IMPROVEMENT RECOMMENDATION:
Approve encroachment permit application E2309-003 by authorizing the City Engineer to execute the associated Encroachment Maintenance and Removal Agreement for the proposed private improvements in the public right-of-way at 478 Orange Avenue.
BACKGROUND:
The existing sewer lateral serving the property at 478 Orange Avenue is in need of replacement as part of the redevelopment of the site. The existing sewer lateral alignment crosses the adjacent property of 1017 Fifth Street, the owner of which will not allow for construction of a new lateral.
Therefore, the owner of 478 Orange Avenue, 1025 Fifth Coronado, LLC, is proposing the new/replacement sewer lateral run underneath the existing sidewalk along Fifth Street before connecting to the existing sewer main in the alley (see Attachment 1).
ANALYSIS:
The subject encroachment permit would authorize the private improvement consisting of one (1) 4” sewer lateral and two (2) cleanouts to be constructed along the centerline of the sidewalk adjacent to 1017 Fifth Street as seen in Attachment 1. The proposed design would also require the removal/replacement of the existing sidewalk and a pedestrian ramp along Fifth Street.
City staff has confirmed the owner of 1017 Fifth Street is unwilling to allow a new sewer lateral to be built across their property. As a result, the only option available to the owner of 478 Orange Avenue is to construct the new/replacement lateral within the public right-of-way in order to obtain sewer service. The proposed design, once constructed, does not interfere or hinder the public’s use of the right-of-way, and does not appear to pose a hazard to, or impact public infrastructure.
Terms of the proposed Encroachment Maintenance and Removal Agreement with 1025 Fifth Coronado, LLC include appropriate indemnification and insurance requirements, reserve the ability to revoke the permit, and describe that maintenance responsibilities are assigned to 1025 Fifth Coronado, LLC. (Refer to Attachment 2 – Proposed Encroachment Maintenance and Removal Agreement for additional design details).
Considering all of the above, it is recommended that the City Council approve the encroachment request and authorize the execution of the proposed Encroachment Maintenance and Removal Agreement.
FISCAL IMPACT:
The applicant has paid the City a non-refundable encroachment permit fee of $400 and, if approved, will be required to maintain the encroachment and required insurance at their expense.
ALTERNATIVE:
The Council may opt to deny the private enhancements being proposed on public property.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The project is categorically exempt pursuant to Class 1 of Section 15301 (existing facilities) and Class 2 of Section 15302 (replacement or reconstruction).
PUBLIC NOTICE:
Courtesy notices were mailed to residents within 300' of the affected property.
ATTACHMENTS:
1. Proposed Construction Drawings
2. Proposed Encroachment Maintenance and Removal Agreement Submitted By: Public Services and Engineering Department / Jim Newton & Dave Eastlick