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HomeMy WebLinkAbout21 - Non-Standard Improvements at 3431 Ocean BoulevardCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P. E. 949- 644 -3324 or ftse @city.newport- beach.ca.us SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD OWNER: Lawrence Tabak RECOMMENDATION: Approve a limited expansion of the existing encroachments in the public right -of -way and direct staff to prepare an encroachment agreement and permit for the non - standard Improvements in the public right -of -way fronting 3431 Ocean Boulevard. DISCUSSION: Earlier this year the Owner requested City Council approval to construct new retaining walls and planters within the public right -of -way fronting his residence. After some discussions, the City Council denied the applicant's request at its June 13 regular meeting. (See attached Council report and minute excerpt.) Since then, the Owner has decided to accept the compromise design developed by the Public Works Department where the Owner will be allowed to extend the existing retaining wall easterly of the existing trash enclosure along the wall's current alignment to provide improved vehicle turning movements into and out of the new "pulled forward" garages. This design substantially reduces the scope of additional encroachment sought by the Owner's original request. Additionally, the existing trash enclosure will be removed from the public right -of -way. CONCLUSION: Staff believes the Owner's request to construct a limited wall extension along the current retaining wall alignment will provide adequate space for vehicles to get into and out of the new garages. A smaller planter along the easterly edge will allow the Owner to have a reasonable entry area even though he designed the home to be within two feet of the property line. Request to Construct Nonstandard Improvements in the Public Right -of -Way at 3431 Ocean Boulevard September 12, 2008 Page 2 Should the City Council grant an approval to extend the existing retaining wall, an encroachment agreement will be prepared by staff for the Mayor to execute and will stipulate the Owner and future owner(s) to be responsible for the maintenance of all of the approved non - standard improvements to the satisfaction of the City. Furthermore, the Owner will be required to submit an $80,000.00 Faithful Performance Bond and Labor and Materials Bond as surety for completing the work in the public right -of -way to the satisfaction of the Public Works Department. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption is for minor alteration of existing facilities not expanding existing uses. Submitted by: Attachment: June 13, 2006 Council Report and Minute Excerpt Exhibit A — Site Plan of Existing Condition Exhibit B — Site Plan of Proposed Walls and Planters CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949- 644 -3324 or ftse @city.newport- beach.ca.us SUBJECT: 3431 OCEAN BOULEVARD - REQUEST TO CONSTRUCT NON- STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY OWNER: Lawrence Tabak RECOMMENDATIONS: 1. Deny the Owner's request to construct non - standard encroachments, which include, but are not limited to, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -of -way adjacent to the property located at 3431 Ocean Boulevard as presented on the latest grading plan received by staff; and Direct Owner to enter into an encroachment agreement with the City to maintain the existing walls and planters encroachments existing in the public right -of -way to the satisfaction of the Public Works Department. Or 2. Approve a limited expansion of the existing encroachments in the public right -of- way and directs taff to prepare an encroachment agreement and permit for the non - standard improvements in the public right -of -way fronting 3431 Ocean Boulevard. BACKGROUND: The project at 3431 Ocean Boulevard in Corona del Mar has been under way for several years. The following is a list of key dates of actions related to the proposed project: 5/29/2002 — Modifications Committee approves a 5' encroachment into the 10' front setback. 3431 Ocean Boulevard - Request to Construct Non - Standard Improvements in the Public Right-of -Way June 13, 2006 Page 2 * 7/22/2003 — Applicant applies for variance to exceed height limit and modification to encroach an additional 3' into the front setback for a total of 8'. Home size is 6710 s.f. with 615 s.f. of garage space. * 9/18/2003 — Planning Commission denies Variance but approves modification for additional encroachment into front yard setback. * 10/14/2003 — City Council denies both the Variance and the Modification. * 10/21/2003 — Councilmember Heffernan requests reconsideration of the action taken on 10/14/2003. * 11/12/2003 — City Council reaffirms denial of the Variance, but approves the Modification. * 12/15/04 — Modifications Committee approves request for sideyard guardrail to exceed the height limit for such railings. * 5/9/2005 — Zoning Administrator approves Modification to allow underground elements to encroach 10' into the 10' front yard setback. DISCUSSION: It is important to note that the approvals up to the City Council approval on 11/12/2003 were approvals for modifications to zoning regulations that apply to private property. The plans submitted for the approvals in 2003 showed maintaining the existing retaining walls and relocating the trash enclosure that apparently was constructed in the public right of way years ago. A copy of the pertinent portion of this Site Plan is attached as Exhibit A. Resolution 2003 -60, denying the Variance and approving the Modification, includes the following in Section 4 g): "... sufficient space remains for vehicular access and maneuvering" as a reason for finding the Modification to be consistent with the legislative intent of the Municipal Code. Sometime between 11/10/2004 and 1/5/2005 the applicant submitted several plans for informal review to the Public Works Department that proposed revisions to the existing retaining walls and the addition of planter areas, all of which were further encroachments into the public right of way beyond the existing development. An earlier concept plan showed an encroachment including caissons and entry walkway widening into Inspiration Point Park as well as gated entry on the common driveway. This informal plan was rejected by staff. as it would be unlikely that the..Council would approve private expansion into a park as well as a gated driveway on public property. Because this plan was not a formal submittal, a record of it was not entered into the tracking system. The review of these plans was performed by an employee, Gil Wong, who has since retired, taking with him any knowledge of such a plan. However, it is our understanding that Mr. Wong was trying to provide guidance as to what would be an acceptable plan for submittal to and potential approval by City Council. As a long time City employee, Mr. Wong was well 3431 Ocean Boulevard - Request to Construct Nonstandard Improvements in the Public Rightof -Way June 13, 2006 Page 3 aware of the City's encroachment policies and would have known that any extensive encroachment would need to be approved by the City Council. We would also expect that Mr. Wong shared that information with the applicant and /or his architect. Therefore, Staff believes that the notation, "OK ", made by Mr. Wong on the attached, Exhibit B, is in reference to an acceptable plan that could be processed and not a formal approval. As a follow u p to the notation in exhibit B, the General Services Department sent the attached letter, dated March 10, 2005 (Exhibit C), granting "approval in concept" for the re- landscaping. Formal on -site plan checks were submitted through the Building Department to the Public Works Department in December 2004, May 2005, and February 2006. The first submittal did not show any work in the public right of way and a plan check correction was made that the trash enclosure should be relocated onto private property. The May 2005 submittal continued to show the existing retaining walls were to remain, but did show the trash enclosure relocated into the northwesterly corner of the right of way. It wasn't until the February 2006 submittal that showed the proposed moving of the walls further into the slope. It was at this point that staff advised the applicant that the Public Works Department was opposed to any further encroachment beyond what is currently existing and that we would not recommend approval. The applicant requested review of the Public Works decision by the City Council. At its May 23, 2006 regular meeting, the City Council directed staff to discuss the encroachment issues once again with the Owner and to bring the Item back to City Council at its June 13, 2006 regular meeting. On May 24th, the day following the May 23rd City Council meetinq, staff met with the Owner and his Architect on the case history and issues. On May 25 , staff informed the Owner's Architect via telephone that the Public Works Department had developed a compromise and was prepared to recommend allowing the Owner to extend the existing retaining wall easterly of the existing trash enclosure along the wall's current alignment to provide improved vehicle turning movements into and out of the new "pulled forward" garages. Staff agreed to allow the trash enclosure to remain in the right -of -way due to the fact that it had been there for many years. The compromise also required a reduction in the size of the planters on the easterly side to reduce the need for additional encroachment from 12' to 8'. Based upon comments by the architect, staff anticipated receiving revised plans showing this compromise solution. Instead, a letter from the Tabak's attorney was received which is attached as Exhibit D. CONCLUSION: While the existing improvements in the public right -of -way exceed those normally allowed by City Council Policy L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY, the proposed improvements represent significant further encroachment for personal use. Staff believes the alternative to construct a limited wall extension along the current retaining wall alignment will provide adequate space for vehicles to get into and out of the 3431 ocean Boulevard - Request to construct Nonstandard Improvements in the Public Right -of -Way June 13, 2006 Page 4 new garages. A smaller planter along the easterly edge will allow the owner to have a reasonable entry area even though he has moved the home to be within 2' of the property line. Should the City Council grant an approval to extend the existing retaining wall, an encroachment agreement will be prepared by staff for City Council approval and will stipulate the Owner and future owner(s) to be responsible for the maintenance of all of the approved non- standard improvements to the satisfaction of the City. Furthermore, the Owner will be required to submit an $80,000.00 Faithful Performance Bond and Labor and M aterials B and a s s urety for completing the work in the public right -of -way to the satisfaction of the Public Works Department. Environmental Review: Categorically Exempt under Chapter 3, Articl e California Code of Regulations. Exemption not expanding existing uses. Prepared by: 19, Section 15301, Class 1(c) of Title 14, is for minor alteration of existing facilities Submitted by: Fong Tse Stephen G. Badum Civil Engineer Public Works Director Attachment: May 23, 2006 Council Report Exhibit A - Reduced scale conceptual plan (submitted in January 2005) Exhibit B - Reduced scale latest grading plan (submitted on 2/26106 for 3'd plan check) Exhibit C — Letter from General Services, Dated March 10, 2005 Exhibit D - May 30, 2006 letter from Owner's counsel City of Newport Beach City Council Minutes -- Excerpt Regular Meeting June 13,2006.- 7:00 pm. STUDY SESSION - 3:00 p.m. CLOSED SESSION - 6:00 P.M. ROLL CALL Present: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Excused: Council Member Curry 32. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY - 3431 OCEAN BOULEVARD (contd. from 5/23/06). [100 -2006] Staff Report In response to the comments made by Lawrence Tabak, the applicant, at the previous City Council meeting, Public Works Director Badum stated that additional research was done by staff, and it was found that although Gil Wong did make some notations on a conceptual plan, it was not an approval in concept for the project. Public Works Director Badum admitted that there might have been some miscommunication and stated that staff made the effort to resolve the issue by working on some compromises with the applicant's architect. He noted; however, the letter that was received from the applicant's attorney, dated May 31, 2006, and included with the staff report. He additionally noted that staff did prepare a response to this letter, and that it was being provided at the current meeting. In response to questions by the Council. Members, Public Works Director Badum stated that the existing trash enclosure does make it difficult to maneuver a vehicle in and out of the garage. He also confirmed that other alternatives could have been utilized in the design of the home. Thomas Stewart, Fleetwood Joiner & Associates, the architects representing the applicant, provided a brief history of the sequence of events that the applicant went through. He requested that the City Council consider the fairness to Mr. Tabak and the unreasonable changes now being required by Public Works, and noted that resolution of the issue is holding up approval of the permit for the home itself. He asked the City Council to honor the initial approvals to proceed that were given at the beginning of the plan check process and to endorse the proposed encroachment as presented in the application. In response to questions of the Council Members, Mr. Stewart provided additional information and clarifications. Don Kazarian provided additional history on the encroachments in the area. Motion by Mayor Pro Tem Rosansky to 1) deny the Owner's request to construct non- standard encroachments, which includes, but are not limited to, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -of -way adjacent to the property located at 3431 Ocean Boulevard as presented on the latest grading plan received by staff; and direct owner to enter into an encroachment agreement with the City to maintain: the existing walls and planters encroachments in the public right- of-way to the. satisfaction of the. Public Works Department. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry err I RY K 5Q 78.50 0 i U �. GY EXISTING GAS i METER VAULT • MAILs& •� LOCATION I. CONC. 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