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Home My WebLink About07 - Summary Vacation of Existing Sewer Easement and Request to Install Private Improvements within the Public Right-of-Way at 3235 Ocean BoulevardCITY OF y NEWPORT BEACH City Council Staff Report March 10, 2015 Agenda Item No. 7 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: Summary Vacation of Existing Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard ABSTRACT: The property owner of 3235 Ocean Boulevard (Owner) is requesting that the City summarily vacate an existing City sewer easement running across the property, and requests approval to install a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42- inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right -of -way. RECOMMENDATION: a) Adopt Resolution No. 2015 -18, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 4 -Foot Wide Sewer Easement at 3235 Ocean Boulevard (Lot 5, Block D of Tract 1219); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; c) Direct the City Clerk to have all Resolutions and summary vacation documents recorded by the Orange County Recorder; d) Waive Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42- inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1- foot into the Ocean Boulevard right -of -way, contingent upon all conditions of the Encroachment Permit process being met; and 7 -1 e) 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: As part of the redevelopment of the property located at 3235 Ocean Boulevard in Corona del Mar, the Owner is requesting that the City summarily vacate the existing sewer easement, and requests approval to install a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42- inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right -of -way. In 1952, the City obtained a 4 -foot wide easement on the southeasterly portion of the property for the installation of a sewer force main. In 2001, the City constructed a sewer force main on Breakers Drive which abandoned the sewer force main within the 4 -foot wide easement on the property. Although this sewer force main was abandoned, the 4 -foot wide easement was not vacated. Once the easement is vacated, the Owner will be able to use the land without any easement restrictions. Pursuant to the California Streets and Highways Code Section 8330 et seq., the City Council may summarily vacate a City easement if the easement is unnecessary for present or prospective sewer purposes. The proposed summarily vacated easement satisfies the condition of the California Streets and Highways Code as the easement will not be needed for sewer purposes. The existing easement to be summarily vacated is legally described in Attachment "A" and shown in Attachment "B" of the attached Resolution. The requested private encroachments will encroach up to approximately 20 -feet into the Ocean Boulevard right -of -way. This portion of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 10 -feet between the back of the existing sidewalk on Ocean Boulevard and the property line. Adjacent neighbors to the East have similar private encroachments within the Ocean Boulevard right -of -way that are permitted through an encroachment permit and agreement. 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. Currently, there are existing sidewalks on Ocean Boulevard and there are no City -owned utilities that will 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 private improvements and appurtenances, staff recommends that the City council require the property owner to enter into an encroachment agreement with the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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. 7 -2 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 - Resolution for Summary Vacation at 3235 Ocean Boulevard Attachment B - Location Mao Attachment C - Site Plan Attachment D - Letter from Property Owner Attachment E - Council Policy L -6 7 -3 ATTACHMENT A RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 Recording Fee: Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 4- FOOT WIDE SEWER EASEMENT AT 3235 OCEAN BOULEVARD (LOT 5, BLOCK D OF TRACT 1219); AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach, pursuant to Chapter 4 of the California Streets and Highways code (Sections 8330 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 3235 Ocean Boulevard to summarily vacate a 4 -foot wide public sewer easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, the City has abandoned a 6 -inch sewer force main within said easement at 3235 Ocean Boulevard: and WHEREAS, the City, as part of the abandonment, constructed an 6 -inch sewer force main along Breakers Drive; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to summarily vacate the public sewer easement on this property 7 -4 and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated to Breakers Drive and there are no other public facilities within said easement; and WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport Beach. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by the relocation of existing sewer main to Breakers Drive and that there are no other public facilities located within the public sewer easement. By this resolution, the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder, and that from and after the date this resolution is recorded, the portion of the sewer easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easement. Adopted this 10th day of March, 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich Mayor for the City of Newport Beach 7 -5 EXHIBIT "A" PUBLIC SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 4 -foot wide sewer easement granted to the City of Newport Beach, California, by Resolution of Acceptance recorded in Book 3237, Pages 507 through 523, of Official Record of Orange County, described in said Resolution of Acceptance as: "Being over a portion of Lots 2 to 10 inclusive of Block D, Tract #1219 as shown upon a map recorded in Book 38, pages 26,27 of Miscellaneous Maps, Records of Orange County, California, and being ten feet in width, five feet (5) on each side of the following described center lines ;" "Lot 5 - Beginning at a point in the southeasterly line of said Lot 5, said point being northeasterly of and distant 125.00 feet from the southeasterly corner of said Lot 5; thence in a straight line to a point in the northwesterly line of said Lot 5, said point being northeasterly of and distant 75.00 feet from the southwesterly corner of said Lot 5." 7 -6 OcF4�'�/ B� CVO 3235 AN BLVD 3301 O� OCEAN BLVD J� J 4' SEWER EASEMENT TO BE VACATED EXHIBIT B 7-7 ATTACHMENT B J t ice. F2 Gtra Dd 61m $iiR ad wh Ir 3235 OCEAN BOULEVARD LOCATION MAP 4 r J f,l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 03/10/2015 7 -8 ATTACHMENT C TERRA BLANCA f (TANNIR RESIDENCE) NEW CONCRETE V -DITCH SWALE BEHIND NEW ava ACV wErAlmis ' 5255 OCEAN BLVD. RETAIN'G WALL APN: 052- 120 -54 seas )yn I 1 J Akmi: J L / / l / PA Inui ^ ' NEW 1 /® ^ IVEW I 1 II I , I II X9 . W eUM6D AOV 7DP AND Q m"" �.M 7D 4YRA9V. M111C .W� •�. I Y'I ' ' j. �I ply s o O L �ANDAMP TY� RrVLllb PGSGTY I Al I u CID PA a, �• ems' J ,m `! OIOB'4V.K• w 42• I EXI9r I I i. I TREE 70 I II REMAIN M' ABV. NS. 8090 PL 2 +• � _ m.� MNLE PLA TER TO Be 61, fill I ABK. HIV 16Ff - ! 14% 4 V] I 8097'7W GR Y PAD1 1 ro I I AMP w 7D. .. . M .6- AZ WALL x ` - - -T _ ,n b•. AIIJ. N6. sss�ss ®sass ' r r W OYARD /ABJ 7CP 1 i r 1n 11II 1`y I. oP auVCD 7o de 4]• ICNALL AASIKa / o FRI 1 BRI'ON JEANNETTE ARCHITECTURE PRo.EcT:TERRA BLANCA 5CALE: 1"=10'-O" 410 OLD NEWPORT BLVD. N.5, CA 92665 949.645.5854 DRAWING:ENGROAGHMEW PLAN A DATE: 2015.02.20 SITE PLAN (1 OF 3) y ATTACHMENT C ENCROACHMENT PERMIT FOR WORK TANNIR RESIDENCE IMPROVEMENTS IN PUBLIC R.O.Y4 TO BE, 5.255 OCEAN. SLVP. APPROVED BY CITY COUNCIL 9� y� OCEAN BLVD. -a m (89:301) o CITY OF N.B. HT. LIMIT TOP OF CURB ® 84.51' T.00URB a e e e m m® e e e ov EXIST' PUBL LSIDEK �. T tV, )N AT AL'I DRIVEAAY L5, TYP.: o UPPER LEVEL .: -- — - — - T.O.5HT'6 =_ -18.0' ~ . :j i O os juv MIDDLE LEVEL U of ' T:0.5HT'6 = 6i.0' 4 R -15 BATT IN5UL'N ® ALL 2x4 FURRED WALLS PER = r i GEN. NOTE5, TYP., SeCTION B w o� My SITE PLAN (2 OF 3) 7 -10 m ATTACHMENT C SITE PLAN (3 OF 3) 7 -11 L TANNIR RE50ENCE 3235 OCEAN 5LVfl. s (81.60 ') s T.O.CURB - A 2 ". PUBLIO DRIVEAAY SIDENIALK OCEAN BLVD. a ®e,le e aQee - -- ® --- ae — — - -�- - TO.PLT -. I I TT INSULATION a� g EXT. N1AL 5, UPPER LEVEL 'T.0.514T'6- == 18.0' . I I O i MIDDLE LEVEL pr xl U - — - - -' T.O.5HT'6 = 6"1.0' Q SECTION C �' o� ms SITE PLAN (3 OF 3) 7 -11 L ATTACHMENT D Brion Jeannette Architecture December 23; 2014 Rodi Alrnendralo City of Newport Beach Public Works Department 1.00 Civic Center Drive Newport Beach; CA 92660 Re: Request for an Encroachment Permit Terra Blanca (Tannir Residence) 3235 Ocean Blvd., Corona del Mar, CA (Plan Check No. 2358 -2014) Dear Rodi, Mr. Nizar Tannir, has hired ourfirm, Brion Jeannette Architecture, to design a new single family residence at 3235 Ocean Boulevard. The project was previously reviewed and approved by the Planning Commission for a variance (VA2013- 004/PA2013 -110) to allow the construction of the Lower Level to encroach 10 feet into the required 10 foot front yard setback subject to a list of conditions of approval. To satisfy Conditions #39 and #40 and Public Works Plan Check Corrections #1 and #2, we would like to request an encroachment permit for vacating the existing 4 -foot wide sewer easement located along the east side of the property, for granting a new easementfor the city's existing sump pump stations to encroach into our client's property at the bottom of the site adjacent to Breakers Drive, and for installing minor site improvements in the City's Public right of way between the northern property line and Ocean Boulevard. The site improvements include the following: 1. Removal and replacement of the driveway and installation of concrete plastered retaining walls. The installation of the retaining walls will require temporary shoring during construction. 2. Installation of new concrete steps -on- grade, landings, and concrete plastered retaining walls with 42" high wrought iron guard rails on top. This stain will be used as the main access to the house. 3. Installation of new concrete plastered planters. 4. Installation of an above ground CMU plastered mailbox that is 14'Wx 24 "D x 60" H. 5. Installation of a 24" wide concrete v -ditch swale behind the top of the new retaining wall. The v- ditch swale shall be connected to the project's on -site storm drain system to convey the storm water to the lower portion of the property away from the bluff. 6. Installation of new landscaping and temporary irrigation system per California Coastal Commission's requirement on the City slope in front of the site between the property retaining wall and the City's . sidewalk adjacent to Ocean Boulevard. Landscaping shall be native, drought tolerant and non- invasive plantings as required by California Coastal Commission. 470 Old Newport Blvd • Newport Beach, CA 92663 T: 949.645.5854 B 949.645.5983 Members AIA &NCARB. • www,cuslomorchilecture.com Energy Conscious Design 12 The reconstruction of the driveway, steps on grade, and walkway in the public right away are necessary to provide vehicle and pedestrian access for the new garage and house as it did for the existing house. Additionally, the proposed site improvement will continue to preserve the public's ocean view and will enhance the city property to be more aesthetically pleasing for the owner, neighbors, and those using the public right of way. Finally, the property owner has agreed to maintain the new landscaping in a manner consistent with city standards. Attached; please find two Encroachment Plans of the proposed site improvements in the City's public right of way. Should you have any questions, please feel free to reach me at (949)645 -5854 Ext. 214. Thank you for your attention on this project. Sincerely, mew Sye Ze Won Sze Li Job Captain End: Encroachment Plan 1 Encroachment Plan 2. 470 Old Newport Blvd - Newpott Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members.AIA & NCARB • www.customorchilecture.com Energy Conscious Design 7 -13 Five ET6l: I'M IWk1 -8a 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 L -2. 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 /pavers installed at grade. 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. B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1 7 -14 L -6 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operations 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 L -2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone /brick) installed at grade (subject to Municipal Operations 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. 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 length 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. 2 7 -15 L -6 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. 10. Artificial Turf up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufactures recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf - Material and Installation Standards. 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 measured from the top of curb elevation /or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than S 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. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from back of sidewalk, not exceed 2' -6" in height above the patio, 3 7 -16 L -6 have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2' -6" from the back of sidewalk. i. Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of 2' -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 2'4" 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. 4. Non- standard encroachments, including, but not limited to fences, walls, and raised planters within City easements. 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 California Building Code or California Residential Code under a valid building permit issued by the City. 0 7 -17 L -6 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 Municipal Operations 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 Amended - January 27, 2015 5 7 -18