HomeMy WebLinkAbout15 - Encroachment Agreement - North Bay Front and Onyx• June 14, 1999
CITY COUNCIL AGENDA
ITEM NO. 15
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE NORTH
BAY FRONT AND ONYX AVENUE PUBLIC RIGHTS -OF -WAY,
ADJACENT TO 1301 AND 1301'/: NORTH BAY FRONT, BALBOA
ISLAND (EP 99 -211)
RECOMMENDATIONS:
Approve the application subject to:
1. Execution of an Encroachment Agreement for non - standard improvements.
a. Authorize the Mayor and City Clerk to execute the Agreement.
b. Authorize and direct the City Clerk to have the agreement recorded with
. the Orange County Recorder.
2. An Encroachment Permit issued by the Public Works Department.
3. A Building Permit issued by the Building Department.
DISCUSSION:
The owner of 1301 and 1301 'Y2 North Bay Front on Balboa Island is in the process of
replacing a picket fence with a combination 3 foot tall brick pilaster and picket fence.
Both the previous fence and the new fence being constructed encroach 2.7 feet into the
public sidewalk area on North Bay Front. (See the attached Exhibit "E "). On Onyx
Avenue, the new fence, pilasters and steps encroach at least 12 inches to 18 inches
more into the public right of way than did the picket fence that was in place in 1994/95.
(See attached photo Exhibit "A ").
The proposed improvements will be a 3 foot high wooden picket fence with 16 x 16 inch
x 3 foot high grouted brick pilasters and a gate (opening inward) between the existing
sidewalk and property line (2.7 feet from the back of sidewalk) on North Bay Front.
The proposed improvements on Onyx Avenue will be a 3 foot to 6 foot high wooden
picket fence /railing with 3 foot to 6 foot high grouted brick pilasters, a gate (opening
inward) and a wooden stairway with wooden landing between the existing sidewalk and
property line (2 feet from the back of sidewalk). The duplex is designed with the
. entrance for 1301 on North Bay Front and the entrance for 1301% on Onyx Avenue
with the garage entrances on Onyx Avenue.
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS
WITHIN THE NORTH BAY FRONT AND ONYX AVENUE PUBLIC RIGHTS -OF -WAY, ADJACENT TO 1301 AND
13011: NORTH BAY FRONT, BALBOA ISLAND (EP 99 -211)
June 14, 1999
Page 2 0
City Council Policy L- 6.D.2.b. requires fences to be a maximum of 3 feet high and
setback 2 feet 6 inches behind the sidewalk along North Bay Front. This 2 foot 6 inch
set back was intended to provide room for a low planter and landscaping along the
sidewalk. In the block between Onyx and Marine Avenues 5 out of 6 properties have
walls or fences that do not provide for the set back. In the block between Onyx and
Amethyst Avenues, the opposite exists; 5 of the 6 properties have set their fences back
and landscaped the area (see Exhibit "D "). The improvements that have been
constructed along North Bay Front adjacent to the back of the sidewalk encroach 2.7
feet and do not provide for any landscaping. City Council Policy L -6A.1. prohibits
structural encroachments greater than 1 foot into the public right -of -way or exceeding 3
feet in height. The proposed improvements along the Onyx Avenue right -of -way will be
a 3 to 6 foot high wooden picket fence /railing with 3 to 6 foot high grouted brick pilasters
and a wooden stairway /landing adjacent to the sidewalk (encroaching 2 feet).
The North Bay Front unit has a non - encroaching stairway with railing for a 3 foot high
elevated main entrance. Whereas the Onyx Avenue unit has a stairway encroaching 8
inches with a railing and pilasters for a 3 foot high elevated main entrance encroaching
2 feet. The encroachments along Onyx Avenue are adjacent to a garage entrance,
thereby restricting sight- distance. In addition, the encroachments may hinder the view
of the adjacent residents. Staff recommends as a condition of the Encroachment
Permit, that the fencing and railing along Onyx Avenue shall be a minimum of 50% •
open to improve the sight- distance and view. The Building Department requires a 3 foot
high railing on the stairway and landing. The stairway is needed to provide access to
the elevated entrances of the property.
City Council Policy L -6, "Private Encroachments in the Public Right -of- Way ", requires
the prior approval of City Council for private structural improvements such as fences,
stairway, etc., in public easements or rights -of -way. The encroachment agreement will
allow construction of the fence, stairway /landing, and gates in the right -of -way as
approved by the Public Works Department and requires the property owner to maintain
the proposed and existing encroachments. The Encroachment Agreement will include
a hold harmless clause indemnifying the City of Newport Beach against any liability of
any manner connected with the proposed and existing encroachments in the North Bay
Front and Onyx Avenue right -of -way.
R sp @ctfull witted,
IC WORKS DEPARTMENT
Don Webb, Director
By:
Gilbert Wong .
Associate Civil Engineer
Attachments: Letter of request dated May 28, 1999,
Exhibits and Encroachment Agreement
BAKMAN RANCH
11 It PHONE 0041 ?55.0324 . Pp nOa 1964 • 51051 BELMONT I l NNO, Ca a: v.t.
May 28,1999
Newport Beach City Council
c ^c -: Gil Wong • Public Works Dept.
To whom It May Concern:
While currently attempting to upgrade the fence surrounding my property
of 1301 and 1301 i/2 N. Bayfront, it was brought to my attention Thal we were
dealing with an encroachment on public works. It was my belief that the
replacement of the existing fence with the some dimension )i.e. height),
enclosure would not require a permit. Now having the knowledge of your
codes. I respectfully request the opportunity to explain my need for or)
encroachment agreement with the City of Newport Beach.
On the Onyx side of the building is the entry to 1301 '/2 N. Bayfront. As the
throsl cold of this door is at a height of 3' , there must be an exterior landing or
• sloircase. neither of which can be accomplished per U.C.B. Volume 1.
paragraphs 1003.3.3.3 and 1003.3.3.2. The distance from the property line to the
building is 2'9 ".
11 is my intention to mount entry gates to swing in rather than encroaching
lurther. I've also redesigned the landing enclosure to railings (with visibility)
inslead of the old design which was solid fence. Every effort will be made to
comply. Additionally, I would like to address the encroachment at the N.
Bayfront and Boardwalk side of the property, My intention was io blend with my
neighbor and create an aesthetically pleasing line. Also, if we moved back to
the property line, it would diminish the seating area we've enjoyed since. the
putc:hase of my home on Balboa Island.
thank you for your ossislance on this matter. I can be reached at my
of lice at (559) 255 -0324 if you have any questions.
Sincerely,
Tim Bakman
. Owner .....,,,,9 ...
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1301 % North Bay Front
Facing Onyx Avenue
Exhibit A
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1301 % North Bay Front
Facing Onyx Avenue
Exhibit A
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Wood deck 1.8' abov g e and wood fence 4.0' high are L3' clear of edge of public
sidewalk and encroaches 1.5'; No gate
1301 NORTH BAY FRONT R
Wood fence 3,0' high and brick patio at grade are at edge of public sidewalk and encroaches
2.7'; Brick porch 2.0' above grade is on property line; Iron railing 5.0' high is 0.2' clear of
property line; Mailbox encroaches 2.6'; Wood gate opens in
Exhibit G
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North Bayfront between
Amethyst and Onyx
Exhibit D
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1301 North Bay Front
Looking toward Onyx & Amethyst
1301 North Bay Front
Looking from Onyx toward Marine
Exhibit E
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EXHIIBIT "A'
CITY OF NEWPORT BEACH ENCROACHMENT PERMIT
Foci oFFi6 d- 6q
(Please type or prim, press hard • make 3 copies)
Permit#E.P. 9 9-7-1
(1) APPLICATION FOR: D CURBCUT o SEWER CONNECTION
(CHECK ONE) 0 STREET EXCAVATION D WATER CONNECTION
Amount Foe Palo E Z \0 B^'
0 UNDERGROUND UTILITIES MOTHER:Nod—STO
Recelple 205613
(2) ADDRESSOFWORK: \ 01 N- 0A'(FCLO tJ'C
(3) APPLICANTS NAME :ADDRESS: (r /A 7171 fj
`PHONEYS q
(4) OWNERSNAME :ADDRESS: 11
�lt .. b.l� ll - -�� �yd�y:fv Y>. - r' ♦�T
PHONE.
61 �i� /
(6) CONTRACTORS NAME: :`ADDRESS:
!CIice Phase:
;Job SRa Pharr:
(6) APPLICANT HEREBY MAKES APPLICATION TO: _p L 11•• ro_F— G'
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T S E Ru L
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: C- fit C�K-m 1 0 410,vAci
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0 Locale and pothole existing City owned utilities Cie: water, sewer, or street lighting condmis) to venty locations prior to slap of anywork Maintains
one (1) toot clearance over or under existing City owned idRRles. To arrange for inspection of all cannections to City Utilities or U a conflict should acur
please contact of the Unifies Department. 48 hours prbr to stall of any work at (714) 644.3011. In addition, when
a sewer cleaning is required. V.C.P. or P.V.C. SDR35 shall be used with a 4TT box over the cleanout riser.
" ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR"
CONTACT "UNDERGROUND SERVICE ALERT' AT LEAST 46 HOURS IN ADVANCE
OF ANY EXCAVATION AT 1- 804422 -4133
(7) CONTRACTOR'S CITY BUSINESS LICENSE NO. (8) STATE LICENSE NO.
(9) WORKERS COMPENSATION INSURANCE
CERTIFICATEOF INSURANCE
(Seadn 38W Labor Code)
0 11 that I have a Certificate of Insenl to sell- insure. or Cef iliarts of Workefs Compensation Insurance or a Certified Copy thereof.
Poky No: Companp Expiration Date:
0 Cenifled Copy hereby furnished
Data: Applican
(signature)
110) CERTIFICATE OF EXEMPTION
(Section 390D Labor Code)
0`1 cagily that in the performance of the work for which this permit is issued.I shall not employ any person in any manner sot as to become subbed
to the Workers Compensation Laws of California.
R, after rgning Ih's certificate I become subject to tht sation p Asions of the State Labor Code. I must comply with the provisions of
Section 371X1 a this permit shalt be deemed re lea
Date:S"Z7'� 1 Appliance'
nature)
(11) ONTRA T R LI ENSE EXEMPTION
01 am exempt from hiring a Contractor as I the OWNE of tl apr arty and am personally performing an work within the Pubic dghWf way.
Date_5"Li'anL Applicant- 1
(signature)
(12) HOLD A LESS STATEMENT
D l understand that l am locating minor encroachments within t yrgh1 1vayleasemenl. R is my responsibility as the property owner to maintain the
encroachments. I will be responsible for replacing the improvements d the CRY removes them for maintenance of utilities or other public need; and 1, the
property owner than indemnify and hob the CRY harmless for anyliabuhy associated with the minor encroachments.
Dale: Owner Signalum:
(13) « « « <24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL (714) 644 -3311
The Terms and co d ors of this permB ore printatl on both titles of this loam. Applicant hereby ocknowlatlges that he his read
andun tards Seidl ms cond'Abra andihat he ¢Areas to abide bylMm.
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RS OR T ORRED AGENTS SIGNATURE (DATE)
SPACE BELOW THIS LINE FOR OFFICE USE
DEPARTMENT
APPROVALREQUIRED
GATE
SIGNATURE -TITLE
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DATE OF PERMIT:
PERMIT DENIED:
While . Permit pink . Temmra,v Office Cmi Voe„w. Annrrenf
iL
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk Office
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92659 -1768
(Space above this line for Recorder's use only.)
CITY OF NEWPORT BEACH
BAYFRONT ENCROACHMENT AGREEMENT FOR
1301 North Bay Front
(Property Address)
EP99 -211
1. Definitions.
(a) "Authorized Improvements" shall mean those improvements within the •
Permit Zone that are shown on Exhibit "B" provided the improvement is
consistent with the Policy and the LCP.
(b) "LCP" shall mean the proposed Land Use Plan of the Local Coastal
Program, which the City is now developing.
(c) "Permit Zone" shall mean the area bayward of the property line that runs
generally parallel to the shore line and within the bayward prolongation of
those property lines that are roughly perpendicular to the bayfront shore
line on Balboa Island, from the property line to approximate 2' -6" behind
the back of the public sidewalk.
(d) "Permittee" shall mean Tim Bakeman, the owner of the property at 1301
North Bay Front.
(e) "Policy" shall mean City Council Policy L -6 as approved by the City
Council on January 24, 1994, together with all modifications approved
subsequent to that date, including the proposed new policy regarding
Encroachments to the Bayfront right -of -way.
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• (f) "Public Works Director" shall mean the Public Works Director for the City
of Newport Beach or his designee.
2. Permit Principles.
Permittee acknowledges that the issuance, administration and interpretation of
the Permit is based on, and shall be consistent with, the following:
(a) The City of Newport Beach is in the process of formulating an
encroachment policy for the Bayfront on Balboa Island. This policy is
intended to replace the general provisions of City Council Policy L -6 --
regarding Private Encroachments in Public Rights -of -Way -- as it relates
to Balboa Island.
The policy may amend the definition of "Permit Zone" and the nature of
Authorized Improvements in that Zone. The new policy will impose
annual permit fees for any encroachment permit for the Bayfront Right -of-
Way.
Permittee agrees to modify all existing encroachments to comply with the
criteria of the new Encroachment Policy within 90 days of the Newport
Beach City Council's adoption of the new policy and to pay any fee
required by the new policy.
(b) The fees charged Permittee are to be used solely to defray the cost of
administering the Policy and, in accordance with the LCP, mitigate the
impact on the Bayfront stemming from the construction and maintenance
of Authorized Improvements. The annual fee shall be as specified in City
Policy.
3. Standard Conditions.
Permittee shall strictly comply with the following standard conditions to the
approval of all Bayfront encroachment permits and any special conditions specified in
Exhibit "B ":
(a) Permittee must execute and file an Encroachment Permit for Bayfront
Encroachments (Exhibit "A ").
(b) Permittee must record this completed Bayfront Encroachment Agreement,
a sketch of the improvements within the encroachment zone on Bayfront
Encroachment form (Exhibit "B ") and pay any required annual fee per City
Council Policy L -6.
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(c) Upon sale of property, the new owner must execute and file a Bayfront is
Encroachment Permit before the close of escrow.
(d) Permittee shall construct and maintain only the Authorized Improvements.
(e) Permittee shall maintain at its expense all Authorized Improvements in
good condition and repair.
(f) Permittee shall be responsible for the cost of any repair to public facilities
or improvements damaged by the installation or maintenance of the
Authorized Improvements.
(g) Permittee shall defend, indemnify and hold the City and its officers and
employees harmless with respect to any claim, damage or injury related to
Authorized improvements provided the Permittee shall have no such
obligation if the claim, damage or injury was caused by any officer,
employee or representative of the City;
(h) Permittee shall remove any unauthorized improvements within ten (10)
days after notice to do so, consent to City abatement of unauthorized
improvements if not removed within the time specified in the notice and
shall pay all costs incurred by the City in removing any unauthorized
improvement.
(i) Permittee shall allow the Public Works Director, or designee, to inspect
improvements within the Permit Zone during normal business hours
without notice to Permittee.
(j) Construction within Permit Zone:
1. All construction within the Permit Zone must be performed by
licensed contractors, unless waived by the City.
2. All work must be inspected by the City. Forms and subgrades must
be inspected and approved before concrete is ordered. Inspectors
are normally available during working hours upon 24 hours
advance notice. Call (949) 644 -3311 to arrange for an inspection.
3. Barricades and or flagging must be provided and maintained around
all trenches, excavations and obstructions.
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4. Refuse or unused materials shall be removed within 24 hours after
completion of the work. If materials are not removed, the City may
remove the materials and bill the applicant.
5. Work which has been done prior to issuance of a permit is subject
to rejection and /or fine.
(k) City may enter into the Permit Zone to exercise its rights with respect to
the Public Right -of -Way, including, but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or future
public facilities or improvements. City may remove portions of the
Authorized Improvements as required, and in such event:
1. City shall notify Permittee of its intent to perform the work, except in
the case of an emergency.
2. City shall bear only the cost of removing any Authorized
Improvement necessary for City to complete the work.
3. Owner shall be responsible for restoring any Authorized
Improvement affected by the City's work, and shall pay all costs
associated with such restoration.
4. Encroachment Permit Term/Renewal-
(a) Term
The encroachment permit issued pursuant to this Agreement shall be
effective on the date of issuance.
(b) Renewal
1. In order to maintain Authorized Improvements within the Permit
Zone, Permittee must pay the required annual encroachment fee
and file a completed Bayfront Encroachment Permit form (Exhibit
"A ") by May 31st of each year.
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2. In order to construct new improvements or modify existing
improvements within the Permit Zone, Permittee must pay
Encroachment Fees Schedule, if applicable, and file both a
completed Bayfront Encroachment Permit form (Exhibit "A ") and a
sketch of the improvements on the Bayfront Encroachment form
(Exhibit "B ") for approval prior to beginning work.
5. Stipulation to Property Right.
Permittee stipulates that City has at a minimum, an easement for street and
public access purposes across the Permit Zone. The construction or maintenance of
authorized encroachments pursuant to any Bayfront Encroachment Permit constitutes a
waiver on the part of the Permittee and all successors to dispute the validity of this
easement or the City's rights to prevent construction of any improvement in the permit
zone.
6. Termination
City shall have the right to terminate this Agreement, or require Permittee to
modify Authorized Improvements, at any time the City Council determines that
termination or modification is in the public interest.
7. Revocation. 0
The Public Works Director may revoke this Agreement after notice and hearing
upon a determination that Permittee is in violation of the terms or principles or
conditions of this Permit.
8. Notice.
Notice shall be deemed given when personally delivered to Permittee or when
deposited in the United States mail, first class postage prepaid, and addressed to
Permittee at the address specified on the Application for Permit.
9. Binding Effect.
Owner agrees that this Agreement shall remain in full force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors,
and assigns of Owners' interest in the land whether fee or otherwise, and shall be
recorded in the Office of the County Recorder of Orange County, California.
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iIN WITNESS WHEREOF, the parties have caused this Permit to be executed on
the day and year first written below.
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CITY OF NEWPORT BEACH
A Municipal Corporation
Dated: By:
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Dated:
f. Wsem \pbwlgwcnglwp511ag%akemanep99 -211 bi.doc.Af
"PERMITTEE ":
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Tim Bakeman
STATE OF CALIFORNIA) •
ss:
COUNTY OF ORANGE )
On 1998, before me,
personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he /she /they has executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 1998, before me,
personally appeared personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she /they has executed the
same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(This area for official notarial seal)