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HomeMy WebLinkAbout25 - Private Improvements in the public right-of-way at 3431 Ocean BlvdTO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 25 September 13, 2011 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Socheata Chhouk, Associate Civil Engineer APPROVED: 0, TITLE: Request to Construct Non - Standard, Private Improvements in the Public Right -of -Way at 3431 Ocean Boulevard - Encroachment Permit N2011-0190 ABSTRACT: The property owner at 3431 Ocean Boulevard, Mr. Lawrence Tabak, is requesting non- standard, private improvements within the public right -of -way, including eliminating an angle point along an existing private retaining wall, installation of an 8 -inch high planter curb, installation of a decorative stamped concrete driveway, and landscaping on the City slope between the retaining wall and Ocean Boulevard vehicle access ramp. RECOMMENDATIONS: Staff recommends approval of the following: • Reconstruction of the private retaining wall to eliminate the angle point provided that the retaining wall is moved forward toward the residence to ensure no net loss of public area occurs due to the realignment; • Addition of a tan colored stucco finish to the retaining wall; • Installation of landscaping and irrigation on the City slope in front of the site between the retaining wall and Ocean Boulevard. Landscaping and irrigation plans shall be approved by the Public Works Department and Municipal Operations Department prior to installation; • Replacement of the driveway in front of the site with stamped concrete; • Installation of an above ground gas meter with two concrete pipe bollards; • Installation of a below ground Edison three -phase transformer vault; and • Requiring an encroachment agreement for all non - standard private improvements within the public right of way. Request to Construct Non - Standard, Private Improvements in the Public Right -of -Way at 3431 Ocean Boulevard - Encroachment Permit N2011 -0190 September 13, 2011 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. All improvements will be funded by the property owner. DISCUSSION: This site is currently under construction for a single family residence. The Public Works Department is asking City Council for direction on the property owner's request due to the limitation set forth in City Council Policy L -6, Private Encroachments in the Public Right -of -Way, and Council's interest and concern for the development dating back to at least 2006. In 2006, the property owner requested for City Council's approval for several non- standard, private improvements in the public right -of -way and the requests were denied. The current proposal is less intrusive to the public right -of -way than the property owner's original requests in 2006. Attached are the proposed Site Plan and a letter of request by the property owner shown as Attachments "A" and "B," respectively. The proposed non - standard, private improvements within the public right -of -way include: 1. Remove and replace approximately 30 feet of the existing, private retaining wall in order to eliminate an angle point along the wall; 2. Minor repair to damaged areas of the existing retaining wall as deemed necessary (repairs to be made in the same location) and add a tan colored stucco finish to the retaining wall; 3. Installation of an 8 -inch high planter curb; 4. Landscape a 2 -foot wide planter area between the 8 -inch high planter curb and retaining wall; 5. Landscape the City slope in front of the site between the retaining wall and the Ocean Boulevard vehicle access ramp with native, drought tolerant, and non - invasive plantings: a. Add new landscaping in the existing bare spots or replace all existing groundcover at Council's direction; b. Install a drip irrigation system for the landscaping; 6. Replace the driveway in front of the site with stamped concrete; 7. Installation of an above ground gas meter with two concrete pipe bollards (previously approved by the Public Works Department) 8. Installation of a below ground Edison three -phase transformer vault (previously approved by the Public Works Department); and 9. Related appurtenances. Request to Construct Non - Standard, Private Improvements in the Public Right -of -Way at 3431 Ocean Boulevard - Encroachment Permit N2011 -0190 September 13, 2011 Page 3 The proposed improvements, excluding items 7 and 8, would provide the site with aesthetic enhancement. The proposal to eliminate an angle point along the retaining wall proposal is less intrusive than the original 2006 retaining wall design proposal. However, it is still encroaching further into the public right -of -way, beyond the existing conditions. The existing retaining wall is considered a private wall in the public right -of -way, most likely installed years ago by a prior property owner. Should the City Council approve the scope of work proposed by the property owner, an Encroachment Agreement will be prepared for the Office of the City Attorney's approval which will stipulate that the Owner and future owner(s) are responsible for the maintenance of all of the proposed and existing non - standard improvements to the satisfaction of the City. In addition, should the City Council approve the modification to the existing retaining wall, Public Works requests that Engineered Plans be provided for review. Background History In 2006, the property owner and City staff presented a few retaining wall designs to City Council for consideration at several different Council meetings. City Council was not in favor of the proposed encroachments into the public right -of -way, and ultimately the requests were denied. On May 23, 2006, the property owner requested City Council's approval on an extensive list of non - standard, private improvements in the public right -of -way and Council requested that Staff work with the property owner. This extensive list includes: 1. Approximately 100 feet of eight -foot high, eight -inch thick retaining wall with permanent waterproof shoring system and a subdrain system to control slope seepage overturning forces against the retaining wall; 2. Surface v -ditch behind the top of retaining walls; 3. Twelve 24 -inch diameter caissons that would be a minimum of 22 feet deep; 4. Landscaped planter areas and planter walls; 5. Trash enclosure with a 48 -inch access gate under a new planter with a fiberglass waterproofing system with drain and overflow; Request to Construct Non - Standard, Private Improvements in the Public Right -of -Way at 3431 Ocean Boulevard - Encroachment Permit N2011 -0190 September 13, 2011 Page 4 6. Landscaping consisting of drought- resistant low groundcovers with jute matting on the City slope between the retaining walls and Ocean Boulevard vehicle access ramp; 7. Six -inch thick reinforced concrete roadway paving with 48 -inch diamond - patterned scoring; 8. Mortared stone planter area and steps paving /surfacing, and 9. Related appurtenances. On June 13, 2006, the property owner requested Council's approval on an extensive list of non - standard, private improvements in the public right -of -way and Staff recommended a limited expansion of the existing encroachments and retaining wall. The request for the extensive list of improvements was denied by Council. This limited expansion list includes: 1. Extend the existing retaining wall easterly of the existing trash enclosure along the wall's current alignment; 2. Allow the trash enclosure to remain at the existing location; and 3. Reduce the planters on the easterly side from 12 feet to 8 feet. On September 12, 2006, the property owner requested Council's approval on the limited expansion of the existing retaining wall and planter area. The request was denied by Council. This limited expansion list was modified slightly to include: 1. Extend the existing retaining wall easterly of the existing trash enclosure along the wall's current alignment; 2. Remove the trash enclosure from the public right -of -way; and 3. Reduce the planters on the easterly side from 12 feet to 8 feet. The above staff reports and meeting minutes are attached as Attachment "C." 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. Request to Construct Non - Standard, Private Improvements in the Public Right -of -Way at 3431 Ocean Boulevard - Encroachment Permit N2011 -0190 September 13, 2011 Page 5 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). Submitted by: Attachments: A. Proposed Site Plan, Dated June 22, 2011 B. Letter from Property Owner, Mr. Lawrence Tabak C. May 23, 2006 Council Staff Report and Minute Excerpt, June 13, 2006 Council Staff Report (Partial Attachment) and Minute Excerpt, and September 12, 2006 Council Staff Report (Partial Attachment) and Minute Excerpt D. Site Photos Ll HNEWUNDE R I C NEW STUCCO WALL FINISH ON EXISTING WALL TO REMAIN PLAN ER i EXIST NG- -0RI�.WA ' I I I I I t o � � T t I I 1 { { JEW DROUGHT J", LEV I 4QLERAN•T,' ire ON- INVASIVE; `I 4 t ORNAMENTAL S -L 4NDSCAPING -IN { o PLANTERS 2' -0" I T 16':la" 0 PROPE . RTYl NEW-IjUDICO WALL LINE FINIS 04 EXISTING WA L rO REM 1 7 6 4 0 T7 I �sy3"r p P1 KIT EWIGtvVR OCAATIT j h 06 -22 -11 �_I IA L O WALLIT i T M ED E E I Y j I I 1 I IG R T I NG LL R O E S D N RETA IN IT T JCCO ISH I. r I co �I r �1 I t I I I u I T E T M IN � 1 I 1 I I I 1 HT� IASIVE KJE�TIN `TAI D i, 0 5' 10' 20' ATTACHMENT "A" PROPOSED SITE PLAN PLANE 8 HI Hi EWI C I ET D PI E � RD ��,Vj 8 "1HIT H I 06 -22 -11 �_I IA L O WALLIT i T M ED E E I Y j I I 1 I IG R T I NG LL R O E S D N RETA IN IT T JCCO ISH I. r I co �I r �1 I t I I I u I T E T M IN � 1 I 1 I I I 1 HT� IASIVE KJE�TIN `TAI D i, 0 5' 10' 20' ATTACHMENT "A" PROPOSED SITE PLAN ATTACHMENT "B" LETTER FROM PROPERTY OWNER From: The Tabak Family 8 Southwind Irvine Ca 92606 July 8`h 2011 Re:- City Right of Way Located at 3431 Ocean Blvd. Newport Beach. Dear Socheata, My family purchased an older house at this location thirteen years ago. We lived there for six years before demolishing it. After construction is complete our family intends to occupy the home and we are excited about spending many more years at this location enjoying the terrific views and beach amenities. For your consideration we are proposing to straighten a portion of retaining wall in the City right of way driveway area. Part of this wall, at one time, formed the rear and side walls of a garbage closet that we abandoned and demolished, at the City's request. This now leaves an irregular shaped, unsightly wall. We would like to straighten the wall and add a narrow planter along the base, extending it in a straight line north -south for the full length of new and existing retaining walls. The foliage will then help to soften and hide the wall that otherwise would be exposed and stark. We are also proposing to remove the ice -plant located above the wall and above the adjacent existing diagonal retaining wall to the south and to replant that area with drought resistant shrubbery. Those areas are presently not adequately maintained and one can observe patches of dirt. We will also install a drip irrigation system to get the shrubbery growth started. We will continue to maintain the shrubbery. The subject area is quite visible to the public and it is visited by many residents and visitors who enjoy walks while taking in the surrounding views. Our goal is to visually improve the area for our family and for those who visit the area. Your kind consideration of the above is greatly appreciated. Sincerely, Lawrence Tabak CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ATTACHMENT "C" PAST STAFF REPORTS AND MINUTES Agenda Item No. i I May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 or ilee @city.newport- beach.ca.us SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF- WAY -3431 OCEAN BOULEVARD 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. 2. Direct staff to prepare an encroachment permit and encroachment agreement for the existing non - standard improvements in the public right -of -way fronting 3431 Ocean Boulevard. DISCUSSION: In November 2003, the City Council denied a variance and approved a modification requested by the owner of 3431 Ocean Boulevard, Lawrence Tabak. The plans that accompanied that approval showed the existing retaining walls in the public right -of -way were to remain. Although the existing off -site improvements will provide sufficient space for vehicles getting into and out of the new home's garages, the Owner has requested to widen the Ocean Boulevard frontage street -end by removing the existing retaining walls, cutting into the existing public slope, and securing /stabilizing the slope by constructing new retaining walls, caissons, subdrains, v- ditches, and landscaping at a location ranging from approximately one foot to ten feet beyond the existing retaining wall location. He is also proposing to extend the improvements further to the east of their current terminus. Request to Construct Non - Standard Improvements in the Public Right -of -Way - 3431 Ocean Boulevard May 23, 2006 Page 2 The proposed new non - standard improvements, including the widening of the existing driveway, within the public right -of -way will include: 1) Approximately 100 feet of eight -foot high, eight -inch thick retaining wall with permanent waterproof shoring system and a subdrain system to control slope seepage overturning forces against the retaining wall; 2) Surface v -ditch behind the top of retaining walls; 3) Twelve - 24 -inch diameter caissons that will be a minimum 22 feet deep; 4) Landscaped planter areas and planter walls; 5) Trash enclosure with a 48 -inch access gate under a new planter with a fiberglass waterproofing system with drain and overflow; 6) Landscaping consisting of drought- resistant low groundcovers with jute matting on the City slope between the retaining walls and Ocean Boulevard vehicle access ramp; 7) Six -inch reinforced concrete roadway paving with 48 -inch diamond - patterned scoring; 8) Mortared stone planter area and steps paving /surfacing; and 9) Related appurtenances. The non - standard improvements proposed are not required for the development of this site. Full access and maneuverability is provided to the site with the current public right - of -way configuration. The proposed improvements will provide the site with aesthetic enhancement and added area for private usage while making the public right -of -way appear to be private and diminishing public usage and access. The proposed development of this site is currently under plan check (Plan Check No. 3452 -2004 submitted to the Public Works Department on December 21, 2004, May 25, 2005, and February 14, 2006). As of May 3, 2006, only Planning Department approval has been issued. Public: Works plan check approval will not be issued until Council approval has been granted for the proposed non - standard improvements in the public right -of -way. An encroachment permit for the non - standard work will not be issued until the encroachment agreement has been executed. Recommendation: 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 further encroachment for personal use. Staff has specific concerns related to the large number of caissons required to support the retaining wall, the expansion of the area inside the wall both to the north and east, and the inclusion of a trash enclosure in the right -of -way. For these reasons staff recommends that the proposed improvements be denied. Should the City Council approve the scope of work proposed by the Owner, an encroachment agreement will be prepared for City Council approval which will stipulate that the Owner and future owner(s) are responsible for the maintenance of all of the Request to Construct Non- Standard Improvements in the Public Right -of -Way - 3431 Ocean Boulevard May 23, 2006 Page 3 approved non - standard improvements to the satisfaction of the City. Furthermore, the Owner will be required to submit a $200,000.00 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. 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T -G' — a w�tx R w roux TIYT TI@ eB10eq SCALE T•70' i City Council Regular Meeting Page 6 of 7 Project; and 2) authorize the City Manager or his designee to approve any change orders to the WRC Consulting Services contract provided that such change orders do not exceed 10% ($70,000) of the contract cost and provided that previous budget authorization for such expenditure exists. In response to Council Member Nichols' questions, City Manager Bludau and Assistant City Manager Kiff clarified that the contract is for plans, not to conduct the project; the State wants to see the design specifications before issuing the grant; and the City will need to continue the upkeep since the Big Canyon Nature Park is the City's responsibility. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro To. Rosansky, Mayor Webb, Council Member Daigle Abstain: Council Member Ridgeway, Council Member Nichols P. CURRENT BUSINESS( ... td) 22. RESOLUTION NO. 2006 -39 RELATING TO THE FORMATION OF A CITY COUNCIL AD HOC COMMITTEE ON LEGISLATIVE ADVOCACY. /100 -20061 Staff Report It was moved by Mayor Pro Tom Rosansky to 1) adopt Resolution No. 2006 -39 forming the City Council Ad Hoc Committee on Legislative Advocacy; and 2) confirm the Mayors appointments of Mayor Webb, Mayor Pro Tom Rosansky, and Council Member Curry to the Committee. Dolores Citing requested and received clarification that the Ad Hoc Committee will not be subject to the Brown Act and that its term expires December 31; 2006. Council discussed how legislative advocacy has been handled in the past and received confirmation that the Committee's recommendations for its legislative platform goes before Council far public discussion and Council approval. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pre Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes; Council Member Nichols 23. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR NEGOTIATING AN AMENDMENT TO THE HOAG HOSPITAL DEVELOPMENT AGREEMENT. 110020061 Staff Report It was moved by Council Member Curry to 1) adopt Resolution No. 2006 -40 creating an Ad Hoc Committee for negotiating an amendment to the Haag Hospital Development Agreement to consist of two (2) Council Members; and 2) confirm the Mayor's appointments of Mayor Pro Tem Rosansky and Council Member Selich to the Committee. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 24. RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB) REGARDING THE NEWPORT BRACH MARINE LIFE REFUGE AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBSL (100 -20061 staff Report It was moved by Council Member Rideewav to 1) direct City staff to submit all relevant data to the State Water Reeoumes Control Board ( SWRCB) relating to the Newport Beach MLR ASBS and the Irvine Coast MLR ASBS; 2) authorize the Mayor to write a letter to the SWRCB stating the City's interest in working within the SWRCHe Exception Process for the Newport Beach MLR ASBS provided that the City's participation leads to an outcome within the Exception Process is reasonable and attainable; and 3) authorize City staff to work with other communities adjacent to ASBSs regarding ways to protect ASBSs from adverse discharges even if such discharges do not meet the so -called "zero - molecule" (of pollutants) rule. In response to Council Member Nichols' questions, Mayor Webb clarified that the City is asking for an exception and for the SWRCB to be reasonable, knowing that there are State regulations the City must follow. Assistant City Manager Kiff added that the City is already paying for much of the monitoring costs associated with assisting Pelican Paint in the installation of a storm drain -to -sewer diversion. The motion carried by the following all call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Q. MOTION FOR RECONSIDERATION It was moved by Council Member Ridgeway to reconsider Item 11. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich. Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway. Council Member Daigle, Council Member Nichols y 11. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY - 3431 OCEAN BOULEVARD. (100 EXCERPT 20061 MAY 23, 2006 Staff Report MINUTE Lawrence Tabak, property owner, stated that, after six years, he still doesn't have a building permit and believed that he has an approval in concept from General Services and Gil Wong of Public Works. He indicated that the can cannot be backed out of the garage with the existing retaining wall and the new entrance cannot be appeased without the proposed encroachments. He pointed out that the City built a manhole and sewer fine on his property and stated that he would grant the City an easement for this work if he received concessions on his encroachments. Public Works Director Badman noted that Mr. Wong could not authorize these types of encroachments. He reported that Council already allowed the new building to encroach into the front yard setback. He printed out that the City has never allowed gates because it's a public right -of -way and that the area adjacent to his entry is Inspiration Point. Regarding the retaining wall, he stated that the City wouldn't object to have them redone but what was proposed is more intrusive into the public right -of -way. He emphasized that Mr. Tabak's proposed changes would give the impression of a private compound. He confirmed that the sewer manhole is located on the beach portion of his property, the City may want to relocate the line but doesn't have to since it has been there since 1999, it is not part of the usable property, and there is no connection between this issue and the requested encroachments. Mayor Webb pointed out that the City already granted Mr. Tabak an encroachment into the front yard setback and that it is unreasonable to design the http://newportbeach.granicus.com/MinutesViewer.php?view id=26&clip_id=259&event... 08/24/2011 City Council Regular Meeting Page 7 of 7 property m further encroach into the public right -of -way. He noted that approvals in concept go to the Coastal Commission. Council requested that staff work with Mr. Tabak and came back with an update. It was moved by Mayor Webb to continue the item to the June 13, 2006 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tom Rosmaky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols R. ADJOURNMENT - at 11:50 p.m. to 3:00 p.m. on Tuesday, June 13, 2006. The agenda for the Regular Meeting was posted on May 17, 2006, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk http://newportbeach.granicus.com/MinutesViewer.php?view id=26&clip_id=259&event... 08/24/2011 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 32 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 NOW 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 direct staff 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 Nan - Standard Improvements in the Public Right-of-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 up 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 comer 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 23`d City Council meeting 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 Non - Standard Improvements in the Public Right -oFWay 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 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. Prepared bv: Attachment: Submitted by: Baum Director Exhibit A - Reduced scale conceptual plan (submitted in January 2005) Exhibit B - Reduced scale latest grading plan (submitted on 2/26/06 for 3� plan check) Exhibit C — Letter from General Services, Dated March 10, 2005 Exhibit D - May 30, 2006 letter from Owner's counsel t V. Wi 4 o 0 d X44 0`1 IMHW9YW Y[� IIO \ytll ll0]II Y01 LOT ,.8,. 76.5 FF AT 3RD FLOOR 67.3 FF AT 2ND FLOOR 68.7 FF AT GROUND FLOOR Ap O/A'{A /A/ 7 3�� W ' y W U Ap O/A'{A /A/ 7 3�� Ir- I UT4Lq -TABAK �AJ - 3431 C AL - OFF-SIT-f-ORAOR H PT ..Iry 4. ( 5&4 rwa- HAW L-V6 -V P6 oil Fpt- 4,03 rfo -14 rpfpppc P -of, ojtli�i,p ol f '.66 Al. tolo 600' 5 ,Atf,. PO f. ,, % V) OS Aft gcf�&.w M& vo i '2005 15:06 969 650 0767, NEWPORT BEACH GENERAL SERVICES #1089 P.0011001 EXHIBIT C CITY OF NYWPORT BEACH GENERAL SERVICES DEPARTMENT David E. Niederhaus. Director March 10, 2005 Fleetwood B. Joiner and Associates Attn: Tom Stewart 20320 SW Birch, Suite 140 Newport Beach, Ca 92660 Dear Mr. Stewart, The General Services Department is in receipt of your conceptual site plan for the driveway, retaining walls, and regrading off -site and in the right of way or Narcissus Avenue for the Tabak Residence at 3431 Ocean Boulevard. Your conceptual site plat has been reviewed by General Services staff and approved in concept. If you have any questions, please do not hesitate to call meat W-644 -3057. Sincerely, 04-4L— Jeremy Hammond, Administrative Analyst General Services Department 3.800 Newport Boulevard • Post O1Hoe Box 1768 • Newport Be ach. Cedilorrrta 92658-8915 Telephone- (949) 644 -3055 • Fara (949) 650 -0747 • www.dW.newport-bcachca.us EXHIBIT D Mayor Don Webb (don2webbOoearthlink. net) (dwebbacity. newport - beach. ca. us) Steve Badum (sbadumacity.n w ort- beach.ca.us) Richard Edmonston (redmonstonOcity. newport - beach. ca . us) Iris Lee (Ileeacity. newport- beach. ca. us) City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Tabak Residence, 3431 Ocean Blvd., Corona del Mar Dear Sirs and Madam: Please be advised that this office represents Mr. Lawrence Tabak, the owner of the real property referenced above. Please allow us to share our concerns regarding the manner in which the City of Newport Beach has addressed our client's attempt to build his dream home at this location, all of which have resulted in a six year odyssey to obtain a building permit. The most recent example is most illustrative. After negotiating with City staff for over one year, and making numerous concessions, an agreement was reached on an acceptable driveway design. Given the lengthy delays in reaching this agreement, Mr. Tabak requested and received a written "Approval in Concept" on January 5, 2005, which memorialized this agreement. A further Approval in Concept agreement was received on March 10, 2005. Based on same, and at considerable cost, our client retained the services of an architect, soils engineer, civil engineer, structural engineer and landscape architect in order to comply with the terms and conditions of the Approval in Concept agreements for obtaining an encroachment permit. VOGT & RESNICK, LLP RICHARD M. BLUMENTHAL JEROME A. BUSCH' ATTORNEYS AT LAW CaINSEL CHARLES C. McKENNA 440D M8c4RTHUR BOULEVARD, NINTH FLOOR STEVEN A EHRLICH BARNET RESNICK' P.O. BOX 7849 NANCY LEVIN JEFFREY M. RESNICK NEWPORT BEACH, CALIFORNIA 92658 -7849 JAMES D. VOGT• DAVID A. SHERAK' TELEPHONE (949) 851.9001 JOHANNA F. ZERINGUE JACK SMART' TELECOPIER (949) 833.3445 •A Law C WP&a iW www.vDgt- resnick.com I aw @vD9 t -re s n ick. com FILE N0. 2465A May 31, 2006 Mayor Don Webb (don2webbOoearthlink. net) (dwebbacity. newport - beach. ca. us) Steve Badum (sbadumacity.n w ort- beach.ca.us) Richard Edmonston (redmonstonOcity. newport - beach. ca . us) Iris Lee (Ileeacity. newport- beach. ca. us) City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Tabak Residence, 3431 Ocean Blvd., Corona del Mar Dear Sirs and Madam: Please be advised that this office represents Mr. Lawrence Tabak, the owner of the real property referenced above. Please allow us to share our concerns regarding the manner in which the City of Newport Beach has addressed our client's attempt to build his dream home at this location, all of which have resulted in a six year odyssey to obtain a building permit. The most recent example is most illustrative. After negotiating with City staff for over one year, and making numerous concessions, an agreement was reached on an acceptable driveway design. Given the lengthy delays in reaching this agreement, Mr. Tabak requested and received a written "Approval in Concept" on January 5, 2005, which memorialized this agreement. A further Approval in Concept agreement was received on March 10, 2005. Based on same, and at considerable cost, our client retained the services of an architect, soils engineer, civil engineer, structural engineer and landscape architect in order to comply with the terms and conditions of the Approval in Concept agreements for obtaining an encroachment permit. VOGT & RESNICK, LLP ATTORNEYS AT LAW Mayor Don Webb Steve Badum Richard Edmonston Iris Lee May 31, 2006 Page 2 Throughout this time, Mr. Tabak worked diligently to comply with all of the requirements, including revisions, as requested by the City's plan checker. At no time during this long and expensive process did City staff, including the plan checker, mention that the driveway project could be derailed by other circumstances not included in the Approval in Concept agreements nor discussed in any fashion whatsoever. Nevertheless, after complying with all of the terms and conditions mandated by those agreements, only a couple weeks ago Mr. Tabak was informed for the very first time of the following: He needed an encroachment agreement, drafted by an attorney, not just the encroachment permit required by the Approval in Concept agreements. 2. He would need to appear before a public hearing at which the driveway plan would be voted upon, regardless of the fact that the Approval in Concept agreements had been satisfied. The staff of the Pubic Works Department now objected to certain of the terms and conditions in the Approval in Concept agreements, evidently based on changes in City policy since the time those agreements were reached. 4. The staff of the Public Works Department issued a report recommending denial of the driveway project, despite full compliance with the Approval in Concept agreements. Thereafter, at the May 23, 2006 City Council meeting, the public hearing on the driveway project was continued. At a meeting a couple of days later, Mr. Tabak was informed by a City staff member that he did not believe staff was in possession of the January 5, 2005 Approval in Concept agreement at the time it drafted the report recommending denial of the project, and had it been, the report would not have been so written. This staff member added, however, that additional changes would in fact be needed in order for staff to recommend approval, once again imposing conditions above and beyond the Approval in Concept agreements. This incident is a perfect example of the inconsistent and haphazard manner in which the City has continuously addressed Mr. Tabak's plans. VOGT & RESNICK, LLP ATTORNEYS AT LAW Mayor Don Webb Steve Badum Richard Edmonton Iris Lee May 31, 2006 Page 3 To compound matters, Mr. Tabak is also in the final stages of the plan check process for the house itself, and has been informed by City staff that a building permit will not be issued in the absence of the approval of the off -site driveway project. Our client has already received a third and final extension of this application for a building permit, yet this will expire on June 20, 2006. Upon expiration he will have to pay the full plan check fees again. Sadly, the driveway project represents just one of several well- documented experiences over the last six years through which Mr. Tabak has received conflicting information from the City and has been otherwise misled and misinformed by staff. This has caused a pattern of costly delays and inconvenience, which the City has seemingly not taken into account. Moreover, our client has lost the full use and value of his property and is now facing construction costs that are over double what they would have been had a building permit been issued in a timely and orderly fashion. In short, we believe the City has not worked with Mr. Tabak in good faith to implement the Concept in Approval agreements it reached with him. Our client has reasonably relied on those agreements, only to see the driveway project remain in jeopardy despite complying fully with the conditions mandated by the City. This has unfortunately reinforced the belief that some in the City are determined to see that Mr. Tabak's home is never approved for construction. The City's actions have resulted in substantial damages suffered by Mr. Tabak, including but not limited to increased construction costs and lost use of the property. Mr. Tabak respectfully requests that the City immediately reconsider its decision on the driveway project, so that it is approved and a building permit issued forthwith, before the current deadline of June 20, 2006. Otherwise, Mr. Tabak will have no alternative but to seek his legal remedies. We hope this does not become necessary, and look forward to working with you toward a satisfactory resolution. Please feel free to contact us at any time to discuss this serious matter; we look forward to hearing from you very soon. Very truly yours, VOGT & RESNICK, LLP Attorneys at La v� Y BARNET RESNICK CCM /alo cc: Lawrence Tabak CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT SUPPLEMENTAL ,V Agenda Item No. 32 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 - 644 -3311 or sbadum(cDeity.newport- beach.ca.us SUBJECT: Response to letter dated May 31, 2006 from Barnett Resnick, attorney for Lawrence Tabak 3431 Ocean Boulevard This supplemental staff report is submitted to address the issues raised in the correspondence dated May 31, 2006 from Barnet Resnick, attorney for Lawrence Tabak. In his correspondence, Mr. Resnick states that there was a "negotiation" with City Staff and several "concessions" were made over a year period. Pursuant to Council Policy L -6, City staff is prohibited from "negotiating" permits. The City's encroachment permit procedures and what can be approved within the public right of way is set forth in City Council Policy L -6. The approval or rejection of an encroachment permit is not a negotiation. It is a thoughtful and professional review by City staff for compliance with the City Council's codes and policies. During the period from November 2004 through January 2005, Mr. Tabak's architect submitted several informal concepts for modifying the existing non- standard improvements within the City's right of way including some that proposed expanding into the adjacent Inspiration Point Park and a private gate on the common driveway. Because the Public Works Director and City Manager could not approve the extensive improvements due to the limitations on their authority set forth in City Council Policy L -6, City staff recommended that the architect modify the plans to revise various design features such as a park encroachment and a private gate because City staff believed these encroachments would probably not be approved by City Council While Mr. Resnick claims that City staff approved the plans in concept, this is not case. Based on City Council Policy L -6, improvements, such as the ones now proposed by Mr. Tabak, require City Council approval. The claim that the City gave approval in concept is a manipulation of the facts and a misrepresentation of the complete information. The notation, dated January 5, 2005, by Gil Wong was "OK ", is not an "approval in concept" as stated in Mr. Resnick's letter. The complete text of the notation written on the informal submittal dated January 5, 2005 is as follows: "O.K. G.W. 1 -5 -2005, Regrading and relandscaping will require General Services approval. Formal submittal via an encroachment permit. Plans /submittal should include engineering for proposed walls /retaining walls, landscape plans, elevations, and cross sections. G.W. 1 -5 -2005 ". Clearly, the "OK" notation was in reference to the fact that the proposed plan was acceptable for processing and subsequent submittal to City Council for consideration. The March 10, 2005 letter was from General Services was in reference to the January 5, 2005 notation, (Regrading and relandscaping will require General Services approval) and is an approval in concept for the proposed re- landscaping only. As to the claim that his client had been "negotiating" for over a year, this is also a misrepresentation of the facts. After receiving the informal "OK" for processing, Mr. Tabak's architects did not submit the current plan showing the proposed retaining wall system until February 2006. During the period between January 2005 and February 2006, Mr. Tabak's architect only submitted plans once in May 2005 that showed the existing retaining walls to remain. No other contact with PW staff was made until the current plan was submitted in February 2006. Mr. Resnick also claims that Mr. Tabak was not informed of the City's encroachment permit and agreement policies. For clarification, the City's encroachment agreement process was established by City Council Policy L -6 and utilizes a standard agreement in which the applicant agrees to construct and maintain private improvements within the public right of way. Again, City Council Policy L -6, clearly spells out the limitations and boundaries that the Public Works Director can and cannot approve. Improvements such as the ones now proposed by Mr. Tabak, clearly require City Council approval. As a long time City employee, Mr. Wong was well 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. In addition, Mr. Tabak first sought a Modification permit (MD 2002 -049) on May 29, 2002. One of the standard conditions that Mr. Tabak received with that Modification read; "All work performed within the public right of way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement, if required. ". That same standard condition also appeared on subsequent Modification permits up to and including the May 9, 2005 Modification (MD2005 -025). Additionally, Mr. Tabak's architect, Fleetwood Joiner Architects, has been doing business in the City of Newport Beach for many years. We find it inconceivable that such an experienced architect would not be well versed in the City's codes and policies. Additionally, Mr. Resnick claims that Mr. Tabak was not informed: 1) of the need to execute an encroachment agreement; 2) of the need for City Council to consider the permit and agreement at a public meeting; 3) that the City Staff had concerns with certain elements within the proposed encroachment plan; and 4) that staff was going to write a report recommending denial of the encroachment until within two weeks of the May 23, 2006 City Council meeting. This is not the case. Shortly after the February 2006 submittal, Mr. Fong Tse, replacing Gil Wong, informed Tom Stewart, Fleetwood- Joiner Architects, via telephone that staff could not approve the encroachments as submitted and that City Council would need to consider the encroachments within the public right of way. Additionally, staff informed the architect that staff would not support the proposal, however, they would have an opportunity to advocate approval with the Council who would have the authority to grant approval over staffs recommended denial. In his letter, Mr. Resnick consistently refers to an "approval in concept agreement ". The City's encroachment permit process does not contain an "approval in concept agreement." The City's process consists of a review by staff for compliance with City codes and policies. The permit and /or agreement are issued by the Public Works Director and /or the City Manager upon compliance with those codes and policies or separate approval by City Council. At no time during the permit/agreement process does the applicant obtain any vested rights until the permit/agreement is approved and issued. The only "approval in concept" that is issued by the City is for submittal purposes in connection with a Coastal Development Permit from the California Coastal Commission (CCC) and that approval is issued by the City's Planning Department. It's my understanding that the proposed encroachments into the public right of way were not included on the CCC Approval in Concept plans that were submitted to the Coastal Commission. Therefore, no Approval in Concept was formally issued for the proposed encroachments into the public right of way. The remaining portion of the letter attempts to lay blame on the City for Mr. Tabak's six year process. The facts paint a different picture. The below timeline indicates that Mr. Tabak's stubborn determination to process a project with unsupportable variances and modifications caused him to delay the project by approximately two years. The Coastal Commission process consumed four years including two revised AIC submittals. The building plan check logs show that three to six months passed between plan checks 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: • 5/3/2001 - Approval in Concept (AIC) approved for CDP • 5/29/2002 — Modifications Committee approves a 5' encroachment into the 10' front setback. • 6/3/2002 — Re- approval of AIC for revised plans • 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'. • 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. • 10/8/04 - Re- approval of AIC for revised plans • 12/15/04 — Modifications Committee approves request for sideyard guardrail to exceed the height limit for such railings. • 12/20/04 —1 st Building Plan Check submittal • 1/12/05 —1 s' Building Plan check corrections posted • 2/15/05 —1st plan check picked up by applicant • 5/9/2005 —Zoning Administrator approves Modification to allow underground elements to encroach 10' into the 10' front yard setback. • 5/24/05-2 n' Building Plan check re- submitted by applicant • 7/07/05 — 2nd plan check corrections picked up by applicant — Bldg /Grading /PW • 8/12/05— City receives confirmation of CDP issuance • 8/23/05 — 2nd plan check corrections picked up by applicant — Planning • 2/13/06 — 3rd Building Plan check re- submitted by applicant — Proposed Encroachments shown on the plan for the first time. • 2/23/06 - 3" plan check corrections picked up by applicant — Bldg • 4/10/06 — 3'd plan check corrections picked up by applicant— Planning • 4/19/06-4 th Building plan check re- submitted by applicant, Bldg /Grading only • 4/28/06 - PW plan check corrections picked up by applicant. Part of that time is out of the City's hands as the Coastal Commission is the current permitting authority for development permits in the Coastal Zone. The fact that our PW staff did not see any submittal for the proposed encroachment during the timeframe of May 2005 until February 2006 clearly indicates that the delay lies with himself or his architect. Had Mr. Tabak submitted a more conventional plan, without the need for variances and modifications, then the residence would probably have been built by now. Contrary to the claim made by Mr. Resnick, we believe the City has acted in good faith. We have provided timely reviews as the record shows. Any increased construction costs, delays, and loss of property use are due to Mr. Tabak's inaction or the inaction of his architect. We strenuously object to any characterization of City employees that implies that we are purposefully trying to block this project. Our staff has an exemplary record in providing timely and professional service. Submitted by: Works Director City Council Regular Meeting Page 6 of 7 Laura Dietz, GPAC and EQAC member, reported that EQAC reviewed the draft ED2 and submitted approximately 20 pages of comments. Secondly, she noted that there is an increase in the number of seniors m the community, not children, and that this should also be taken into consideration. L. PUBLIC COMMENTS - None M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 30. PLANNING COMMISSION AGENDA FOR JUNE 1, 2006. 1100 -20061 Staff Report Received and filed written report. O. CONTINUED BUSINESS 31. NON - STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE (could. from 5/23/06). [100 -20061 Staff Report Public Works Director Badum stated that the encroachment is in the public right -of -way area adjacent to the bike lane on Seashore Drive, and that its height and proximity to the bike lane impedes the safe operation of bicycles in the bike lane. In response to questions by the Council Members, he provided additional background information on the improvements that have been made at the site. It was moved by Council Member Ridgeway to 1) deny Encroachment Permit N2005 -0490 based on its non- conformance with provisions documented in Council Policy L -6 and safety hazard potentials; and 2) direct staff condition the owner to remove all nonstandard, nnpermitted improvements from the public right -of -way fronting 6707 and 6709 Seashore Drive within 30 days. The motion carried by the following tell call vote: Ayes: Council Member SeBch, Mayor Pro Tem R comsky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols \ , Absent: Council Member Curry y 32. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY - 3431 OCEAN BOULEVARD (contd. EXCERPT from 5 /23/06). (100 -20061 JUNE 13, 2006 Staff Report MINUTE 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 GB Wong did make some notations on a conceptual plan, it was not an approval in concept far 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. It was moved by Mayor Pro Tom Rossnskv to 1) deny the Owner's request to construct non - standard encroachments, which includes, but are not limited m, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -o£ -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 on 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 P. CURRENT BUSINESS 33. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (OC CRUISER). 1100 -20061 Approved the issuance of a permit to OC Cruiser to operate two vehicles for hire subject to conditions. Staff Report ]This item was taken out of order, and the action included with the motion approving the Consent Calendar.] S34. HARBOR VALUATION - THREE STUDIES (ECONOMIC EVALUATION, APPRAISAL, COST OF SERVICES STUDY) (C- 3850); BUDGET AMENDMENT (06BA -077). 1381100.20061 Staff Report & Attachments Assistant City Manager Kiff introduced the item and stated that the recommended action is a result of the discussion that took place at the Study Session held on January 10, 2006. He noted one change to the contracts and that was to change the expiration date of all three to December 31, 2006. It was moved by Mayor Pro Tom Rosansky to 1) authorize the City Manager to execute Professional Services Agreements in substantially similar form to the draft agreements, as revised to set the expiration date of all three contracts to December 31, 2006, with: A. Netzer & Associates for the appraisal of commercial tideland properties within Newport Beach: B. Maximus, Inc. to identify and analyze cost-to- service activities pertaining to City tidelands; and C. Professors Hanemann and DeShazo to conduct an economic analysis of the Lower Harbor and its assets: and 2) approve a budget amendment (06BA -077) in the amount of $119,500.00 from 010 -3605 to 0310 -8080 to fund these three agreements. Mark Sites suggested that the studies focus solely on the harbor and that an analysis of existing revenue streams attributed to the harbor also be done. He disagreed with the Harbor Commissioners being excluded from the study. Council Member Nichols confirmed with Mr. Sites that he is in support of http://newportbeach.granicus.com/MinutesViewer.php?view id=26&clip_id=262&event... 08/24/2011 CITY 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. 949-644-3324orftse@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 $80,000.00 Faithful Performance Bond and Labor and Materials Bond as surety for completing the work in the public right -of -way to the satisfaction of the Public Works Department. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption is for minor alteration of existing facilities not expanding existing uses. Submitted by: Attachment: June 13, 2006 Council Report and Minute Excerpt Exhibit A — Site Plan of Existing Condition Exhibit B — Site Plan of Proposed Walls and Planters i r� STEW ■ 7 flu3 111l111�. a A : kloy (\.�METER VAULT R . 1 Ay I;Sit>•' r 11111_ 1� ° ' P � s f� 6 swp6 I PROPOSED PLAN AugwS} 30, Zoc�ts EXHIINT —12> E,cisr�rib � e 51�iST1N6 VA t"- -" fm*N I I: = - - --� =o" -po.w• aS rY4.o I I wow w ~sk�Wa�s l(Tro - tp�t+Sli Ecr�c•oSN{�$ s }9Wc - 1;�•W. ' P � s f� 6 swp6 I PROPOSED PLAN AugwS} 30, Zoc�ts EXHIINT —12> City Council Regular Meeting Page 4 of 5 http://newportbeach.granicus.com/MinutesViewer.php?view id=26&clip—id=3 33 &event... 08/24/2011 ownership be verified, and that the encroachment be modified to include a twelve -foot taper. He reported that the applicant has agreed to the modification and that it has been verified that the current owners of the property are not the same owners involved in a previous litigation issue. It was moved by Council Member Ridgeway to approve the owner's request to construct mn- standard encroachments, which include, but are not limited to, installing a not to exceed three feet in height wooden fence and appurtenances four feet into the Edgewater Place public right -of -way adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing the existing concrete sidewalk; and planting ground cover inside the encroachment area; and direct staff to process an encroachment permit and prepare an encroachment agreement for these non - standard encroachments. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky. Mover Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 7 21. REQUEST TO CONSTRUCT NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD. 1100 - EXCERPT 20061 SEPT. 12, 2006 Staff Report MINUTE Public Works Director Barium stated that the City Council addressed the matter at its June 13, 2006, meeting and, at that time, staff felt that the extent of the improvements were more than should be allowed. He reported that a compromise has since been agreed upon by the applicant. He provided several clarifications in response to questions of the Council Members, Council Member Nichols stated that the retaining wall is visible from the sidewalk, that the cutback is excessive and he is not in favor of it. Mayor Pro Tem Rosansky stated that he also is not in favor of approving the encroachment. Council Member Daigle stated that she has visited the site and there is not a visual impact from Inspiration Point. Council Member Selich stated that he is not in favor of approving further encroachments at the site. It was moved by Council Member Nichols to deny the owner's request for an expansion of the existing encroachments in the public right -of -way. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich. Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Nichols Noes: Council Member Daigle 22. CITYWIDE WAYFINDING & DIRECTIONAL SIGNAGE PROGRAM. 1100 -20061 Staff Report Council Member Ridgeway acknowledged the history involved in the development of the sigrege program and complimented the program under consideration at the current meeting. It was moved by Council Member Ridgeway to approve final design and direct staff to begin implementatioreconstruction of Citywide Wayfinding & Diction Signage Program. Gary Sherwin, President of the Conference & Visitors Bureau, stated that it's a remarkable time for Newport Beach, in terms of tourism and the newly renovated hotel. in the area. He stated that the sigmgs program will be a part of the quality that Newport Beach offer. as a destination. Council Member Selich asked for the rationale for the signs on Jamboree Road near Bayview Way and an MacArthur Boulevard at Biaon Avenue. It was explained that they have been placed at the best locations possible to serve as gateway signs. Council Member Nichols expressed his opinion that the signs are too big. He specifically noted the impact the sign across from Sherman Gardena will have. In response to Mayor Webb's question, Community & Economic Development Program Manager Berger stated that complaints were received about one of the signs; and explained that it was a sign on Margueri te Avenue and the complaints were from residents regarding the reflections on the back of the sign. He stated that the matter has been addressed, and that complaints were not received about any of the signs on the arterial streets. Mayor Webb confirmed that residents will be given the opportunity to object to the placement of new signs in the future. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols P. CURRENT BUSINESS 23. ADOPTION OF NEIGHBORHOOD TRAFFIC MANAGEMENT POLICY. (100 -20061 Staff Report City Manager Bludau stated that the matter was reviewed by the City Council at the Study Session held on August 22, 2006. It was moved by Council Member Ridgeway to adopt City Council Policy L -26, Neighborhood Traffic Management Policy. Council Member Nichols stated that some of the calming measures will redirect traffic and cause problems in other areas. Mayor Webb stated that the proposed program allows for that consideration to be made. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols 24. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE REGARDING ISSUES WITHIN OR ADJACENT TO THE CITY'S SPHERE OF INFLUENCE ('SPHERES ISSUES') (C- 3885). 138110420061 Status Report It was moved by Council Member Daigle to continue the item to a City Council meeting to be held on September 19, 2006, at 7:00 p.m. The motion carried by the following roll call vote: http://newportbeach.granicus.com/MinutesViewer.php?view id=26&clip—id=3 33 &event... 08/24/2011 NOTICE NOTICE IS HEREBY GIVEN that on Tuesday, September 13, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following request: 3431 Ocean Boulevard Non - Standard Public Improvements — The property owner at 3431 Ocean Boulevard is requesting to construct non - standard private improvements within the Ocean Boulevard public right -of -way, including eliminating an angle point along an existing private retaining wall, installation of an 8 -inch high planter curb, installation of a decorative stamped concrete driveway and landscaping on the City slope between the retaining wall and Ocean Boulevard vehicle access ramp. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 1506(c)(2) and 1506(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. All interested parties may appear and present testimony in regard to this discussion. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.aov on the Friday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact David Keely, Senior Civil Engineer, at (949) 644 -33498 or dkeelv(a)newportbeachca.cov. NOTICE NOTICE IS HEREBY GIVEN that on Tuesday, September 13, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following request: 3431 Ocean Boulevard Non - Standard Public Improvements — The property owner at 3431 Ocean Boulevard is requesting to construct non - standard private improvements within the Ocean Boulevard public right -of -way, including eliminating an angle point along an existing private retaining wall, installation of an 8 -inch high planter curb, installation of a decorative stamped concrete driveway and landscaping on the City slope between the retaining wall and Ocean Boulevard vehicle access ramp. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 1506(c)(2) and 1506(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly or indirectly. All interested parties may appear and present testimony in regard to this discussion. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact David Keely, Senior Civil Engineer, at (949) 644 -33498 or dkeely(a)newportbeachca.gov. ATTACHMENT "D" 1 OF 2 3431 Ocean Boulevard Replanting Area ATTACHMENT "D" 2OF2 Driveway and Retaining Wall Driveway and Retaining Wall