HomeMy WebLinkAbout20 - EPN 2001-110 - Concrete Alley Extension Structure - 405 Goldenrod AveSeptember 25, 2001
CITY COUNCIL AGENDA
ITEM NO. 20
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SURETY REDUCTION FOR CONCRETE ALLEY EXTENSION
STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE, CORONA
DEL MAR (N2001 -110)
DEVELOPER: Eric Welton
RECOMMENDATION:
1. Approve the improvement plans and specifications for the concrete alley extension
constructed in conjunction with Encroachment Permit No. 2001 -110.
2. Authorize the City Clerk to release the payment bond certificate guaranteeing faithful
performance in the amount of $29,000.00 (Bond No. 0719033128) upon receipt of a
reduced surety in the amount of $8,000.00.
3. Authorize the City Clerk to release the payment bond certificate guaranteeing
payment of labor and materials (Bond No. 0719033136).
DISCUSSION:
Mr. Eric Welton, the developer, requests the labor and materials bond be released and
the faithful performance bond be reduced as the alley extension structure has been
completed and signed off by the Building Department except for installation of a fence
between the bottom of the alley extension and the existing grade, installation of
landscape planting, and construction of concrete slurry under the alley extension to
prevent erosion.
The developer has provided the City with a labor and materials release showing
payment for all work completed to date which will allow the City to release the Labor
and Materials Bond. The City will retain $8,000.00 of the faithful performance bond in
order to guarantee completion of the remaining construction items.
On April 10, 2001, the City Council conditionally approved Encroachment Permit No.
N2001 -110 (see attached staff report) which allowed the construction of the alley
extension structure to provide access to garages to serve the properties located at 405
and 405 Y2 Goldenrod Avenue.
SUBJECT: SURETY REDUCTION FOR CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405 GOLDENROD
AVENUE, CORONA DEL MAR (N2001 -110)
September 25, 2001
Page 2
On June 26, 2001, the City Council approved the Agreement guaranteeing completion
of the public improvements, and accepted security from the developer in the form of a
faithful performance bond and a labor and materials bond certificates (see
attachments) .
Stephen G. Badum
Public Works Director
By:
Richar L. Hoffstadt, P.E.
Development Engineer
Attachments: Conditional Waiver & Release
City Council Staff Report for April 10, 2001
City Council Staff Report for June 26, 2001
Selo 12-.01 11:54a
CQND�_ OVAL WAIVER AND RELEASE UPON FINAL PAYMENT
(Civil Code §3262(d)(311
Upon by the undersigned if a check from GIB Venture, LLC
(Maker of Check)
In the sum of $ '.547.10 payable to Team Ultimo
(Amour l of Check) (Payee or Payees d ChecO
and when the 0—ck has been properly endorsed and has been paid by the bank upon which it
is drawn, this document shall become effective to release pro tanto any mechanic's lien, stop
notice, or bony -ht the undersigned has on the job of GIB Venture, LLC
(Owner)
Located at 40" ;olden Rod CDM, Ca. I, X I oli,
This relp�,se covers the final payment to the undersigned for all labor, service.
equipment or material furnished on the job, except for disputed claims for additional work in the
amount of $0. Before any recipient of this document relies on it, the party should
verify evidence, Dayment to the undersigned.
Dated: August ' ^. 2001 1 earn Ultimo General Contractors
�COmp ny a e)
,3y '-
NOTE: This form of! e :nase complies with the requirements of Civil Code Section 3262(d)(3). It is to not effecfive until the Bieck
that constitutes final navment has been oropedy endorsed, and has cleared the bank.
Uizr_- _VERSE SIDE AS RELEASE FOR INDIVIDUALS PCRFORMING LABOR FOR WAGES
§464(bj OF THE C "`. "ORNiA PENAL CODE "P.OViOES IN PART
AS FOLLOWS:
-Any person who'-.-gives money for the purpose M obtaining
or paying for services. 'Ohor, materials or equipment and willfully
fails 10 apply such morn° for such purpose by either willfully failing
to complete the imprr, -,enls for which funds were provided or
Mildly failing to pay cervices. labor, materials or equipment
provided incident to s -onslruGion, and wrnngfully diverts the
funds to a use other "' --'gat for which me hinds w,,e rereivra,
shall be guilty of a r: ": offense and punishable by a fine nol
e¢eeding five thous? -' '.ollars ($5,000), or by imprisonment in
the state prison not ovr—Aing five years, or in the county jell not
exceeding one year. r' ' ' hath such fine and such Imprisonment.'
W4(c) OF THE "I.IFORNIA PENAL CODE PROVIDES AS
FOLLOWS:
'Any person - submits a false voucher to obtain
Construction loan fund? `'d does not use the funds for the purpose
for which (he claim was ••-hmitted Is guilty of embezzlement'
§206.5 OF THE CALIFORNIA LABOR CODE PROVIDES:
'No employer shall require the execution of any release of
any claim or right on account of wages due, or to become due. or
made as an advance on wages to be earned, unless payment of
such wages has been made. Any release required or executed in
violation of the provisions of this section shall be null and void as
between the employer and the employee and the violation of the
provisions of this section shall be a misdemeanor,'
§532(x) OF THE CALIFORNIA PENAL CODE PROVIDES AS
FOLLOWS:
'Any person who receives money for the purpose of obtaining
or paying for services, labor. materials or equipment incident to
constructing Improvements on real property and willfully rebates
any part of the money to or on behalf of anyone contracting with
such person, for provision of the services, labor materials or
equipment for which the money was given, shall be guilty of a
misdemoancr, provided, however, that normal trade discount for
prompt payment shall not be considered a violation of this section'
P.3
June 26, 2001
CITY COUNCIL AGENDA
ITEM NO. 20
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVE AN AGREEMENT GUARANTEEING COMPLETION OF A
CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405
GOLDENROD AVENUE, CORONA DEL MAR (N2001 -110)
DEVELOPER: Eric Welton
RECOMMENDATION:
Approve an agreement guaranteeing completion of the alley extension structure approved by
City Council on April 10, 2001, and authorize the Mayor and the City Clerk to execute the
agreement.
DISCUSSION:
On April 10, 2001, the City Council conditionally approved Encroachment Permit No. N2001-
110 (see attached staff report). Improvements required with the approval of the encroachment
permit included the construction of an alley extension structure to provide access to garages to
serve the properties located at 405 and 405 % Goldenrod Avenue.
In order to guarantee completion of the public improvements, the developer has executed an
appropriate agreement and provided accompanying security in the form of Payment Bond
Certificates for Faithful Performance (Serial No. 0719033128) and to guarantee Labor and
Material payments (Serial No. 0719033136).
The agreement establishes the developer's obligation to complete the public improvement
construction. The faithful performance surety and the labor and materials surety are in the
amount of $29,000 each, which is 100 percent of the estimated cost of the improvements.
An exhibit is attached for reference.
Don V�eli
Public Works) Director
By: ,C
RicharcrL. Hoffstadt, P.E.
Development Engineer
Attachments: Agreement and Certificates
City Council Staff Report for April 10, 2001
Exhibit AppRDVED B 1J11
b
OAT
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
(ENCROACHMENT PERMIT NO. /✓ ?OO / -i /O)
THIS AGREEMENT, made and entered into this day of _)t,- N P 200 I , by and
1 4 -6 Veg vAe LL C whose business address is
(�oST alwv X11 cu Covu„i c, D��
IQ vi a. (a 41 c zs and if an individual, whose
residence address is
, hereinafter referred to as " PERMITTEE" and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws
of the State of California, hereinafter referred to as "CITY ";
WITNESSETH:
WHEREAS, PERMITTEE has applied for an encroachment permit for the use and /or
development of land within the City of Newport Beach to be known as Encroachment Permit No. )ve r
i tD (hereinafter "Permit ") pursuant to provisions of the CITY's ordinances and regulations; and
WHEREAS, Permit has been approved, subject to certain requirements and conditions of
approval, which are incorporated into this Agreement by reference ( "Permit Conditions "); and
WHEREAS, in consideration of approval of the Permit by the CITY and in compliance with the
conditions of approval, PERMITTEE desires to enter into this Agreement, whereby PERMITTEE
promises to install and complete, at PERMITTEE'S own expense, street and other public improvement
work required by CITY in connection with the proposed development, (the "Improvements ") which
Improvements, without limitation by enumeration consists of:
An alley extension structure to provide access to garages to serve the properties
located at 405 and 405 112 Goldenrod Avenue, Corona del Mar.
The above description of items is understood to be only a general description of the Improvements,
and not a binding description. PERMITTEE has secured this Agreement by improvement security
required by City Ordinance; and
WHEREAS, complete plans for the construction, installation and completion of the
Improvements shall be prepared by PERMITTEE and approved by the City Engineer, (the
"Improvement Plans"). All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer; and
WHEREAS, PERMITTEE recognizes that by approval of the Permit CITY has conferred
substantial rights upon PERMITTEE. As a result, CITY will be damaged to the extent of the cost of
installation of the Improvements by PERMITTEE's failure to perform its obligations under this
Agreement, including, but not limited to, PERMITTEE's obligation to commence construction of the
Improvements by the time established in this Agreement. CITY shall be entitled to all remedies
available to it pursuant to this Agreement and law ; and
NOW, THEREFORE, in consideration of their mutual promises, the Parties hereto agree as
follows:
1. PERMITTEE agrees to comply with all requirements of the Conditions of
Approval.
2. PERI:iITTEE agroe� to complete 311 Improvements in accordance vailh
Improvement Plans approved by the City Engineer. including all improvements required by the
hiunicipal Code which v:ere not specifically v::aived by the Planning Commission or City Council
approving the Permit, plus any additional improvements required by the Planning Commission or City
Council as a condition of approving the Permit. PERMITTEE shall acquire and dedicate, or pay the
cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for
construction or installation of the public improvements, free and clear of all liens and encumbrances.
The PERMITTEE_'s obligations with regard to acquisition by CITY of offsite rightsof -way, easements
and other interests in real property shall be subject to a separate agreement between PERMITTEE
and CITY. PERMITTEE shall also be responsible for obtaining any public or private drainage
easements or authorization to accommodate the development.
3. PERMITTEE agrees to complete the Improvements within a period of
months from the date hereof, unless the time is extended by the CITY upon written application of the
PERMITTEE. It is understood that by providing security for this Agreement, the surety consents in
advance to any extension of time as may be given by the CITY to the PERMITTEE and waives notices
of such extension. The making of an application for an extension of time by the PERMITTEE shall,
upon the granting of the application by the CITY, constitute a waiver by the PERMITTEE and by the
surety of all defenses of lathes, estoppel, statutes of limitations, and other limitations of action in any
action or proceeding filed by the CITY within the period of four (4) years immediately following the date
to which the time of performance was extended.
4. The Improvements shall be completed to the satisfaction of the City Engineer
of CITY, and PERMITTEE shall pay the costs of inspection of the work in accordance with the
established schedule of charges for inspection heretofore adopted and on file in the office of the City
Engineer.
5. If PERMITTEE shall fail to complete the Improvements within the period set out
above, or fails to reimburse the CITY for the cost of inspection, CITY may resort to any security
deposited by PERMITTEE or call upon the surety for PERMITTEE to pay for the Improvements or to
supply the money for the completion of the Improvements in accordance with this Agreement and the
provisions of the Newport Beach Municipal Code. PERMITTEE shall also be responsible for the
Improvements and the cost thereof.
6. It is further understood and agreed that upon default of any obligation
hereunder, and at any time any such default, the CITY may make written demand upon the
PERMITTEE or surety or both to immediately remedy the default or complete the work. If the remedial
activities or completion of work are not commenced within seven (7) days after such demand is made
and are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days
after the making of such demand (or such other time as may be contained in said demand), the CITY
may then complete or arrange for completion of all remaining work or conduct such remedial activity as
in the sole judgment of the CITY may be required, all at the full expense and obligation of the
PERMIT-TEE and PERMITTEE's surety and all without the necessity of giving any further notice to the
PERMIT-TEE or surety before the CITY performs or arranges for performance of any remaining work to
complete the Improvements, and whether the PERMIT-TEE or surety have constructed any of the
required Improvements at the time. In the event the CITY elects to complete or arrange for completion
of remaining work and improvements the City Engineer, upon such election, may require all work by
the PERMIT-TEE or surety to cease in order to permit adequate coordination by the CITY for
completing any remaining work and improvements not yet completed.
7. PERMIT-TEE shall at all times guarantee PERMITTEE's performance of this
agreement by furnishing to CITY security in the amount ofrwe.Sty, ideA,eTMo,6e.ve, dollars ($z`, O-V ) to
guarantee the performance of this reement. The PERMIT-TEE shall provide security in the amount
of(w,r.t.TyM -rkjrko.,so.)dollars ($1 1 o guarantee payment to any contractors, subcontractors, and
persons furnishing labor, materials and equipment to them for the performance of the work herein
described. Said security shall be in the form of (Bend Nes. /Certificate of
Deposit No's.o 71 R4?73 13 C. DT 14c331) f ).
2
o. The PERMITTEE promises and agrees to maintain all of the Improvements to
I)o constructed under this Agreement in a state of good repair. until all of the work and Improvements
are completed and accepted by or on behalf of the CITY and until the security for the performance of
this Agreement is released. Maintenance of the Improvements shall include. but shall not be limited to,
repair of pavement. curbs. gutters. sidewalks. parkways. sewers. and removal of debris from sewers
and storm drains: and shall also include. but not be limited to by this enumeration. sweeping. repairing
and maintaining in good and safe condition all streets and street improvements. Upon failure of the
PERMITTEE to property maintain the Improvements. the CITY may do all necessary work required by
this paragraph, the cost thereof being chargeable to the PERMITTEE and his surety under this
Agreement.
9. The securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act. obligation. work or
agreement shall be released upon the final completion and acceptance of the act or work.
b. Security given to secure payment to the contractors, his or her
subcontractors and to persons furnishing labor. materials or equipment shall. six months after the
completion and acceptance of the work. be reduced to an amount equal to the total claimed by all
claimants for whom liens have been filed and of which notice has been given to the legislative body,
plus an amount reasonably determined by the City Engineer to be required to assure the performance
of any other obligations secured by the Security. The balance of the security shall be released upon
the settlement of all claims and obligations for which the security was given.
10. Neither PERMITTEE nor any of PERMITTEE's agents or contractors are or
shall be considered to be agents of the CITY in connection with the performance of PERMITTEE's
obligations under this Agreement.
11. Indemnity /Hold Harmless. CITY or any officer or employee thereof shall not be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
PERMITTEE. its agents or employees in the performance of this Agreement. PERMITTEE further
agrees to protect. defend, indemnify and hold harmless CITY. its officials and employees from any and
all claims, demands. causes of action. liability or loss of any sort. because of. or arising out of. the
negligent or intentional acts or omissions of PERMITTEE. its agents or employees in the performance
of this Agreement, including all claims, demands, causes of action. liability. or loss because of. or
arising out of. in whole or in part, the design or construction of the Improvements. This indemnification
and agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said development, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the
CITY of any responsibility for any damage or taking covered by this paragraph.
12. CITY shall not be responsible for the design or construction of the development
or the Improvements pursuant to the approved improvement plans or map, regardless of any negligent
action or inaction taken by the CITY in approving the plans or map, unless the particular improvement
design was specifically required by CITY over written objection by PERMITTEE submitted to the City
Engineer before approval of the particular improvement design, which objection indicated that the
particular improvement design was dangerous or defective and suggested an alternative safe and
feasible design. After acceptance of the Improvements. the PERMITTEE shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction defect.
however PERMITTEE shall not be responsible for routine maintenance. It is the intent of this section
that PERMITTEE shall be responsible for all liability for design and construction of the Improvements
installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence.
nonfeasance. misfeasance and malfeasance in approving. reviewing. checking, or correcting any plans
or specifications or in approving. reviewing or inspecting any work or construction. The improvement
security shall not be required to cover the provisions of this paragraph.
3
13. If the PERMITTEE and the surety fail to install all or any part of the
Improvements required by this Agreement within the lime set forth herein, or fail to comply will) any
other obligation contained herein, they shall be jointly and severally liable to the CITY for any
administrative expenses and attorney's fees and costs incurred in obtaining compliance with this
Agreement and any such expenses and fees incurred in processing any action for damages or for any
other remedies permitted by law.
IN WITNESS WHEREOF, PERMITTEE has executed this Agreement and the CITY OF
NEWPORT BEACH has caused its corporate name and seal to be affixed by its Mayor and City Clerk
thereunto duly authorized as of the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
AG'EP AGT
CITY OF NEWPORT BEACH,
a municipal corporation
M
Mayor Garold B. Adams
PERMITTEE '/n /t;/V U2 L
By: r'
1*er"8r2
Office of Account: HARBOR VIEW OFFICE
Account Number: 0719033128
PAYMENT BOND CERTIFICATE
Automatic Renewal, Non - Negotiable
Certificate Serial Number: 0719033128
Amount Deposited $29.000.00
On June 11, 2001, Twenty Nine Thousand And 001100 Dollars was deposited for 018 Months by GIB VENTURE, LLC (Depositor) and is
payable to CITY OF NEWPORT BEACH on December 11, 2002 (the Maturity Date), upon presentation of this certificate, property endorsed.'
This deposit will earn interest at the rate of 03.850% compounded daily using a 365 -day year, for an annual percentage yield of 03.920 %.
Interest will be paid to the Depositor Monthly. If this Certificate is not presented for payment on the account's Maturity Dale or within 10 days
after that dale, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Date.This Certificate is
transferable.
If alt or any part of this deposit is withdrawn before the account's Maturity Date, the amount withdrawn may be subject to an early withdrawal
or compensating fee.
EPN- 2001 -110
AUTHORIZED SIGNATURE
FORM 03117 -OASIS (F.REV.1 12001)
. ANK O'r
. -i-L FOR NIA
Office of Account: HARBOR VIEW OFFICE
Account Number: 0719033136
PAYMENT BOND CERTIFICATE
Automatic Renewal, Non- Negotiable
Certificate Serial Number 0719033136
Amount Deposited 529.000.00
On June 11, 2001, Twenty Nine Thousand And 001100 Dollars was deposited for 018 Months by GIB VENTURE, LLC (Depositor) and is
payable to CITY OF NEWPORT BEACH on December 11, 2002 (the Maturity Date), upon presentation of this certificate, properly endorsed.
This deposit will earn interest at the rate of 03.850% compounded daily using a 365 -day year, for an annual percentage yield of 03.920 %.
Interest will be paid to the Depositor Monthly. If this Certificate is not presented for payment on the account's Maturity Dale or within 10 days
after that date, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Dale.This Certificate is
transferable.
If all or any part of this deposit is withdrawn before the account's Maturity Dale, the amount withdrawn may be subject to an early withdrawal
or compensating fee.
EPN- 2001 -110
AUTHORIZED SIGNATURE
FORM 03117 -OASIS (F.REV.1 12001)
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407 GOLDENRO
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PROPOSED ALLEY 405 GOLDENROD
EXTENSION PER
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ENCROACHMENT PERMIT N12000 -254
CAISSON & CONCRETE SPORT AREA
/./ BEAM BELOW
CONCRETE SLAB
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1--� EXISTING STEPS
I iIN ALLEY
RIGHT OF WAY
ALLEY EXTENSION
PROPOSED PLAN 111=20'
2720 BAYSIDE
GOETZ & ASSOCIATES
ARCHITECTURE, PLANNING, ENGINEERING
250 NEWPORT CENTER DRIVE SUITE 102 {949) 644 -9319
NEWPORT BEACH, CA. 92660 FAX (949) 644 -9317
April 10, 2001
CITY COUNCIL AGENDA
ITEM NO.
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION
AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE
ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 4051/2 GOLDENROD
AVENUE, CORONA DEL MAR (N2001 -110)
OWNER: Shelley Nora Walker, Trustee to the Brandt Family Survivor's Trust
RECOMMENDATIONS:
Approve the Encroachment Permit Application No. 2001 -110 subject to:
1. The execution of an Encroachment Agreement providing for the construction of
an alley extension structure that will become City property after it is completed
and accepted by the City, and the Mayor and City Clerk are authorized to
execute this agreement. The Encroachment Agreement also requires the Owner
to maintain the slope, landscaping, and fence below the structure.
2. An Encroachment Permit issued by the Public Works Department.
DISCUSSION:
At the March 27'h meeting, the City Council requested additional information concerning
this item.
Rex Brandt's estate property consists of four lots located on the westerly side of
Goldenrod Avenue, adjacent to the pedestrian bridge that crosses over Bayside Drive.
The northerly - or upper two lots (405 and 407) front on an improved section of Goldenrod
Avenue. The property at 407 Goldenrod Avenue has full alley access and a garage on
the alley as well as a carport on Goldenrod Avenue. The property at 405 Goldenrod
Avenue has partial alley access across approximately 13 feet of the rear of the property
and no drive access from Goldenrod Avenue. The existing residential structures currently
occupying 403, 405, and 407 Goldenrod Avenue are to be demolished.
Item C of City Council Policy L -2 - under the section, "RESIDENTIAL ZONES AND
RESIDENTIAL USES — SPECIAL REQUIREMENTS" states: "Street curb openings shall
not be permitted to residential property which abuts an alley."
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE,
CORONA DEL MAR (N 2000 -254)
April 10, 2001
Page 2
The current owner of the Rex Brandt estate properties is Shelley Nora Walker, trustee
to the Brandt Family Survivor's Trust. The representative of the owner, Mr. Eric Welton,
proposes to construct a duplex on both 405 and 407 Goldenrod Avenue. In
accordance with City Council L -2, the drive access to 407 Goldenrod Avenue will be
closed and the access will be taken from the alley. To gain full vehicular access from
the alley to the proposed duplex at 405 and 405 '/2 Goldenrod, the owner's
representative requests that the City permit the construction of a structure at the end of
the alley to extend the alley by approximately 16 feet. The proposed alley extension
structure improvements are shown on Exhibits A and B. Also attached are pictures
showing story poles that approximate the limits of the alley extension structure deck.
The proposed alley extension structure will be constructed of reinforced concrete and
include a vehicular guardrail and pedestrian railing complying with City standards. The
structure and alley improvements will require an Encroachment Permit issued by the
Public Works Department to do the construction in the public alley right -of -way. From
the alley, this structural extension will appear to be a part of the alley and it will be built
to meet the standards for public alley improvements.
Council Policy L -6, 'Private Encroachments in the Public Right -of- Way ", prohibits
private structural encroachments in the right -of -way. When the construction of the alley
extension structure has been completed and accepted by the Public Works Department
it will be maintained by the City. The area below the structure will not have any public
access. This area will be fenced and landscaped by the applicant and should be
maintained by the adjoining property owner.
In addition to the standard Encroachment Permit Conditions, the following conditions
will be required:
1. An Encroachment Agreement shall be executed to cover the construction of
the alley extension structure and provide for the continuing maintenance of
the area below the structure.
2. A Building Permit for the 405 and 405'/2 Goldenrod Avenue improvements
shall include the alley extension structure and all the requirements of the
Building Department shall be met.
The attached Encroachment Agreement provides for the approval by the Public Works
Director of the plans and specifications with supporting design calculations and
geotechnical studies for the alley extension structure. Liability, automobile, and workers
compensation insurance - with the City named as additional insured - as well as labor
and performance bonds will be required. The City will own and be responsible for
maintaining the alley extension structure after it is completed and accepted by the City.
The owner will be responsible for the installation and maintenance of the fence, slope,
and landscaping under the structure. The owner will hold the City harmless from claims
related to the construction of the alley extension structure. This agreement will be
recorded and the conditions will run with the land.
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 ✓: 405 % GOLDENROD AVENUE,
CORONA DEL MAR (N 2000 -254)
April 10. 2001
Page 3
Some of the nearby property owners along Bayside Drive - below and westerly of the
site - have expressed concern over the impacts of the proposed alley extension from
safety and geotechnical perspectives. The design approvals required by the
Encroachment Permit and the Encroachment Agreement will review these concerns
and provide for a structure that meets Public Works and Building Department
standards.
The construction of the alley extension structure is tied to the duplex construction and
considered to be a minor structure categorically exempt from CEQA. The City
Attorney's office has prepared a separate memo concerning this issue (copy attached).
The duplex construction does not require a Coastal Permit. At the present time, staff
does not know if the Coastal Commission will separate the alley extension structure
from the duplex construction and require work in the alley right -of -way to have a
Coastal Permit. If the Coastal Commission staff determines that a permit is required,
one will have to be obtained before work on the duplex can begin.
With the exception of the existing 407 Goldenrod Avenue drive to be removed when a
new duplex is constructed, all of the properties on Goldenrod Avenue between the
pedestrian bridge and First Avenue take garage access from the alley. Exhibit C shows
a front elevation of the proposed duplexes at 405 and 407 Goldenrod Avenue. Both
would have garage access from the alley. Exhibit D shows 405 Goldenrod taking
garage access from the street. If this were to occur, one of the two street parking
places gained in front of 405 and 407 would be lost. A drive access to 405 Goldenrod
Avenue would be directly across the street from the heavily used bicycle access to the
Goldenrod Avenue pedestrian bridge, and cars backing out of the drive would conflict
with this use. A drive at this location would also require the removal of a very tall palm
tree.
If the City Council determines that extending the alley is not the best way to provide
access to this parcel, the Council can make the following findings and require a
condition related to a driveway off Goldenrod Avenue:
FINDINGS
1. City Council Policy L -2 does not apply to this property.
2. Access may be provided from Goldenrod Avenue and that access may exceed
50 % of the lot frontage.
CONDITION
That the existing palm tree be relocated to the common property line.
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 8 405 % GOLDENROD AVENUE,
CORONA DEL MAR IN 2000 -254)
April 10. 2001
Page 4
Also attached is a letter from Shelley Walker, the property owner.
Respectfully submitted,
Don Webb
Public Works Director
Attachments: Photographs
Exhibits A, B, C, and D
City Attorney Memo
Encroachment Agreement
March 30, 2001 letter from Shelley Nora Walker