HomeMy WebLinkAbout03 - Vacation and Abandonment of Portions of Unused Right-of-Way Along the Westerly Side of Ocean Boulevard in Corona del Mar0
•
October 12, 1998
CITY COUNCIL AGENDA
ITEM NO. 3
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -
OF -WAY ALONG THE WESTERLY SIDE OF OCEAN BOULEVARD IN
CORONA DEL MAR
LOCATION: On Ocean Boulevard adjacent to 2735 and 2741 Ocean Boulevard in
Corona del Mar.
RECOMMENDATIONS:
1. Adopt Resolution No. 98--ordering the summary vacation and abandonment of
unused right -of -way along the westerly side of Ocean Boulevard adjacent to 2735
and 2741 Ocean Boulevard in Corona del Mar.
2. Direct the City Clerk to have the Resolution recorded by the County Recorder at
the same time as the Restrictive Covenants are recorded.
3. Direct the Mayor to sign and the City Clerk to record the Restrictive Covenants
DISCUSSION:
The City has received a request from the property owners at 2735 and 2741 Ocean
Boulevard, to abandon a portion of the right of way adjacent to their properties. The
property to be abandoned is a steep slope that runs from the back of sidewalk to the
existing private property boundary. The Public Works Department has determined that
the right -of -way to be abandoned is unsuitable for any present or prospective public
use. This right -of -way has not been used for public purpose since dedication
(approximately 1904), the City has no facilities or utilities within the easement, and we
have no plans to use the right -of -way in the future for any public purpose. Any widening
of the sidewalk to the west would require construction of a large and costly retaining
structure. In the event the City Council desired a wider sidewalk in this area we would
propose using a portion of the existing fifty (50) foot roadway.
The sidewalk adjacent to 2735 Ocean Blvd. was constructed and the adjacent slope
. improved by the property owner pursuant to a letter agreement between the City and
John Hamilton. Staff received a copy of this letter agreement from Mr. Remer during
SUBJECT: VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE
WESTERLY SIDE OF OCEAN BOULEVARD IN CORONA DEL MAR
September 28. 1998
Page 2 of 3
L
the afternoon on October 7, 1998 (letter agreement, correspondence and photo are
collectively Exhibit F). The letter agreement also requires the property owner to (1)
remove eucalyptus trees; (2) maintain the height of "ficus rubiginosa trees... no higher
than the northerly most point" of the sidewalk handrail. These trees were removed but
ficus benjamina was planted along the back of sidewalk and, until recently, was allowed
to grow approximately two (2) feet above the handrail. The "ficus hedge" was recently
trimmed by the property owner and is now approximately six to eight inches above the
handrail. At the current height the hedge does not block views of the water. The
sidewalk and handrail slope toward the south.
The proposed abandonment is conditioned upon the recordation of a restrictive
covenant that protects public views by restricting the height of structures or landscaping
in the area to be abandoned. The property owners at 2735 and 2741 Ocean Boulevard
have each agreed to sign and record Restrictive Ccovenants (see Exhibits C and D
respectively). The proposed covenant would:
1. Prohibit any structure or new landscaping in the area to be
abandoned that would interfere with views from the sidewalk;
2. Requires the property owners to maintain existing landscaping to
preserve views and give the City a right of entry to maintain the •
landscaping at the property owner's expense in the event of any
violation;
3. Guarantees that the property to be abandoned and the private
property be held as a single building site.
4. Ensures that lighting in the area is confined to illumination of
walkways and entrances — and not illumination which could create
glare.
In the case of 2735 Ocean, the property owner would be required to maintain the ficus
benjamina hedge at a height not to exceed fifty -four (54) inches above the sidewalk
unless the Public Works Director determines that a sixty (60) inch hedge would not
block the view of the water by a person of normal height. The fifty -four (54) inch limit
will keep the hedge below the point at which the existing flat roof blocks views. The
hedge would be trimmed to a height of forty -eight (48) inches or less when the
maximum height was reached The height of the hedge should follow the slope of the
sidewalk to protect views from the south end of the parcel. In the case of 2741, the
covenant requires existing landscaping (except the two pine trees) on the property to be
abandoned to be maintained at or below the height of the existing fence along the back
of sidewalk. This restriction will keep landscaping below the point at which the existing
roof blocks views.
•
SUBJECT: VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE
WESTERLY SIDE OF OCEAN BOULEVARD IN CORONA DEL MAR
September 28, 1998
Page 3 of 3
•
These covenants would be recorded contemporaneously with the resolution of
abandonment. The covenants have been revised to reflect input from Carter Wurtz
Exhibit G), Phil Sansone (Exhibit H) and Frank Remer (Exhibit F) although we have not
incorporated all of their suggestions.
The right -of -way proposed for abandonment as described in Exhibit "A" and depicted in
Exhibit "B" is not needed for any present or future public use and the Public Works
Department concurs with the abandonment.
It is recommended that City Council approve the Resolution (Exhibit E) to summarily
vacate the right of way, with the Resolution recorded at the same time as the Restrictive
Covenant. The Public Works Department will monitor the height of vegetation and ask
the General Services Department to trim if the property owner fails to comply with the
maintenance obligations.
Respectfully submitted,
Public Works Department
Don Webb, Director
Attachments: Letter Dated September 20, 1998
Exhibit "A"
Exhibit "B"
Resolution of Intention
Restrictive Covenant
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The Property
EXHIBIT "A"
That certain portion of street right of way within Ocean Boulevard in the City of Newport Beach,
County of Orange, State of California lying easterly of and adjoining Block 033 of the Corona
Del Mar Tract as shown on map thereof filed in Book 3, Pages 41 and 42 of Miscellaneous
Maps in the office of the County Recorder of said County. Said certain portion being bound on
the west by the easterly boundary of said Block 033, bound on the east by a line parallel and
55.00 feet westerly, measured at right angles, from the easterly line of said Ocean Boulevard
and its northerly and southerly prolongation, bound on the north by the southeasterly
prolongation of the northeasterly line of Parcel A as shown on a map of City of Newport Beach
Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825,
Pages 125 through 127 inclusive of Official Records in the office of said County Recorder and
bound on the south by the southeasterly prolongation of the southwesterly line of Shell Street
(formerly A Street) as shown on said map of Corona Del Mar Tract.
Parcel
Parcel A as shown on a map of City of Newport Beach Resubdivision No. 82 recorded August
3,1959 as Document No. 124759 and filed in Book 4825, Pages 125 through 127 inclusive of
Official Records in the office of said County Recorder.
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EXHIBIT "B"
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RECORDING REQUESTED BY RECORDERS USE ONLY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
Planning Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658 -8915
RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY
This Restrictive Covenant and Agreement to Maintain Property (Covenant) is
made in favor of the City of Newport Beach by John Hamilton and Kathryn D. Hamilton
(Owner) is made with reference to the following:
A. Owner is the owner in fee of the real property commonly known as 244 -2735
Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit A and legally
described in Exhibit B.
B. City possesses an easement for street and highway purposes over the
Property adjacent to the Parcel and westerly of public improvements
associated with Ocean Blvd. The PfepeFtyis
C. The Property consists of steep slopes that are unsuitable for any public
improvement and are not necessary for any present or prospective public
purpose.
D. Owners have improved the Property in conjunction with their use of the Parcel
as a single - family residence. The improvements were authorized by the City
and have been in place for more than twenty-five years.
E. City desires to abandon the Property while preserving public views from the
adjacent sidewalk by controlling the height and nature of improvements within
the Property.
F. Owner acknowledges that City would not abandon the Property but for
Owner's agreement to execute and record this Covenant.
NOW, THEREFORE, the Parties agree as follows:
1. ABANDONMENT
City will adopt a Resolution of Abandonment for the Property (Resolution). The
Resolution shall reference this Covenant and shall reserve to the City all appropriate
public facilities easements. The Resolution and this Covenant shall concurrently be filed
with the County Recorder.
2. RESTRICTIONS
Owners agree to the following restrictions on the use of the Property;
A. The Property shall be used only in conjunction with the permitted uses
on the Parcel and shall be considered as a single building site for all
purposes;
B. Structures on the Property shall strictly comply with all provisions of the
Newport Beach Municipal Code (NBMC), including, without limitation,
Title 20 of the NBMC (Zoning Code) restrictions on the height and
location of structures. Owner acknowledges that, as of the date of this
covenant, the Zoning Code establishes a twenty-four (24) foot limit on
the height of structures and prohibits any structure that exceeds the
height of the "top of curb" on Ocean Blvd. Owner also acknowledges
that, as of the date of this Covenant, the current front yard setback is ten
(10) feet and the current side yard setback is four feet.
C. Landscaping and vegetation on the Property shall not exceed the
permitted height of structures. However, the existing (as of the date of
this Covenant) hedge immediately adjacent to the sidewalk shall be
permitted to a height of fifty -four (54) inches above the elevation of the
adjacent sidewalk. The City Public Works Director may approve an
increase in the height of the hedge to sixty (60) inches upon a
determination that an increase in height would not impact water views
from the sidewalk by a person of average height. The Public Works
Director shall retain the right, at his /her sole discretion, to require the
hedge to be trimmed to fifty -four (54) inches.
D. Lighting on the property shall be confined to low -level lighting designed
to illuminate walkways and access points. Lighting that creates glare or
impacts views shall not be installed.
3. MAINTENANCE
Owner agrees to maintain all landscaping and vegetation on the Property and the
Parcel at or below the height specified in this Covenant. City shall have the right to enter
onto the Property or Parcel and bring the landscaping or vegetation into conformance
with this Covenant in the event Owner fails to do so within ten (10) days after written
notice of non - compliance is served on Owner. Owner shall pay City all costs associated
with enforcement of the height restrictions on vegetation or structures including a thirty
percent (30 %) administrative fee.
4. MUTUAL RELEASE
A. Owner agrees to release and discharge the City (including officers and
employees) from any claim, loss or liability or damage that now exists or
may exist at any time in the future, that is in any way related to City
ownership, control or maintenance of the Property. Owner also
acknowledges that all control over, or maintenance of, the Property has
been the responsibility of Owner, or Owners predecessors, for at least
twenty (20) years prior to the date of this Covenant. Owner has consulted
with legal counsel and as a result of that consultation fully understands the
nature and extent of this release.
B. City releases and discharges Owner (including agents and representatives)
from any claim, loss, liability or damage that is in any way related to Owners
improvements to, or maintenance or control of, the Property prior to the
date this Covenant is recorded.
C. In granting their mutual releases, City and Owner waive the provisions of
Section 1542 of the Civil Code that reads as follows:
"A general release does not extend to claims which the creditor does not
know of suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor
5. NOTICES
Notices required to be sent pursuant to this Covenant shall be deemed given when
personally delivered to the Party or when deposited in the U.S. Mail, first class postage
prepaid and addressed as follows:
OWNER
CITY
John and Kathryn D. Hamilton
2735 Ocean Blvd
Corona Del Mar, CA 92625
City Manager
3300 Newport Blvd.
Newport Beach, CA 92663
Dated:
Signature
Print or Type Name
Dated:
Signature
Print or Type Name
Approved for recording.
In
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STATE OF CALIFORNIA
COUNTY OF ORANGE
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On , before me
appeared
personally
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Title of Document
Date of Document
Other Signatures not acknowledged
No. of Pages.
RECORDING REQUESTED BY RECORDERS USE ONLY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
Planning Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658 -8915
RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY
This Restrictive Covenant and Agreement to Maintain Property (Covenant) is
made in favor of the City of Newport Beach by Wade G. Ellis (Owner) is made with
reference to the following:
A. Owner is the owner in fee of the real property commonly known as 2741
Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit A and legally
described in Exhibit B.
B. City possesses an easement for street and highway purposes over the
Property adjacent to the Parcel and westerly of public improvements
associated with Ocean Blvd.
C. The Property consists of steep slopes that are unsuitable for any public
improvement and are not necessary for any present or prospective public
purpose.
D. Owner has improved the Property in conjunction with their use of the Parcel
as a single - family residence. The improvements were authorized by the City
and have been in place for more than twenty-five years.
E. City desires to abandon the Property while preserving public views from the
adjacent sidewalk by controlling the height and nature of improvements within
the Property.
F. Owner acknowledges that City would not abandon the Property but for
Owner's agreement to execute and record this Covenant.
NOW, THEREFORE, the Parties agree as follows:
HIMMETWATIT29-0672
City will adopt a Resolution of Abandonment for the Property (Resolution). The
Resolution shall reference this Covenant and shall reserve to the City all appropriate
public facilities easements. The Resolution and this Covenant shall concurrently be filed
with the County Recorder.
2. RESTRICTIONS
Owner agrees to the following restrictions on the use of the Property;
A. The Property shall be used only in conjunction with the permitted uses
on the Parcel and shall be considered as a single building site for all
purposes;
B. Structures on the Property shall strictly comply with all provisions of the
Newport Beach Municipal Code (NBMC), including, without limitation,
Title 20 of the NBMC (Zoning Code) restrictions on the height and
location of structures. Owner acknowledges that, as of the date of this
covenant, the Zoning Code establishes a twenty -four (24) foot limit on
the height of structures and prohibits any structure that exceeds the
height of the "top of curb" on Ocean Blvd. Owner also acknowledges
that, as of the date of this Covenant, the current front yard setback is ten
(10) feet and the current side yard setback is four feet.
C. Landscaping and vegetation on the Property shall not exceed the
permitted height of structures. However, the two existing (as of the date
of this Covenant) pine trees shall be permitted provided they are
properly trimmed and maintained to minimize view impacts and existing
vegetation shall be permitted to a height not to exceed 36 inches above
sidewalk.
D. Lighting on the property shall be confined to low -level lighting designed
to illuminate walkways and access Points. Lighting that creates glare or
impacts views shall not be installed
3. MAINTENANCE
Owner agrees to maintain all landscaping and vegetation on the Property and the
Parcel at or below the height specified in this Covenant. City shall have the right to enter
onto the Property or Parcel and bring the landscaping or vegetation into conformance
with this Covenant in the event Owner fails to do so within ten (10) days after written
notice of non - compliance is served on Owner. Owner shall pay City all costs associated
with enforcement of the height restrictions on vegetation or structures including a thirty
percent (30 %) administrative fee.
4. MUTUAL RELEASE
A. Owner agrees to release and discharge the City (including officers and
employees) from any claim, loss or liability or damage that now exists or
may exist at any time in the future, that is in any way related to City
ownership, control or maintenance of the Property. Owner also
acknowledges that all control over, or maintenance of, the Property has
been the responsibility of Owner, or Owner's predecessors, for at least
twenty (20) years prior to the date of this Covenant. Owner has consulted
with legal counsel and as a result of that consultation fully understands the
nature and extent of this release.
B. City releases and discharges Owner (including agents and representatives)
from any claim, loss, liability or damage that is in any way related to Owners
improvements to, or maintenance or control of, the Property prior to the
date this Covenant is recorded.
C. In granting their mutual releases, City and Owner waive the provisions of
Section 1542 of the Civil Code that reads as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor
5. NOTICES
Notices required to be sent pursuant to this Covenant shall be deemed given when
personally delivered to the Party or when deposited in the U.S. Mail, first class postage
prepaid and addressed as follows:
OWNER
CITY
Wade G. Ellis
2741 Ocean Blvd
Corona Del Mar, CA 92625
City Manager
3300 Newport Blvd.
Newport Beach, CA 92663
Dated:
Signature
Print or Type Name
Dated:
Signature
Print or Type Name
Approved for recording.
By:
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STATE OF CALIFORNIA }
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COUNTY OF ORANGE }
On , before me , personally
appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her/their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Title of Document
Date of Document No. of
Other Signatures not acknowledged
• RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING
THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OF OCEAN
BOULEVARD LOCATED ADJACENT TO 2735 AND 2741 OCEAN BOULEVARD IN CORONA
DEL MAR; 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 the provisions of
the Street Vacation Act (Section 8300 et sec. of the Streets & Highways Code) is authorized to
vacate a portion of a public easement; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of
Ocean Boulevard, legally described in Exhibit "A" and depicted on the map in Exhibit "B, the
vacation to be processed pursuant to the provisions of the Street Vacation Act.
WHEREAS, the easement above - described has not been used for five years by the City
• of Newport Beach or public utilities for the purpose for which it was dedicated or acquired and
has remained continuously unused by the City of Newport Beach or public utility for any public
purpose for a period of five consecutive years; and
WHEREAS, no money has been expended for the maintenance of the easement during
that period of time; and
WHEREAS, there are no public utility facilities in place that would be affected by the
vacation and abandonment of this easement; 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 a
summary vacation of easement and has determined that the proposed vacation is consistent
with the General Plan, and
WHEREAS, the easement is unnecessary for present or prospective public use, and it is
the desire of the City Council of the City of Newport Beach to vacate the easement legally
• described in Exhibit "A" and depicted on Exhibit "B ", the vacation and abandonment to be
processed pursuant to the provisions of the Street Vacation Act, and
WHEREAS, the City Council has considered and approved the attached Restrictive
Covenant and Agreement to Maintain Property.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
that the portion of street easement legally described in Exhibit "A ", and depicted on the map
attached as Exhibit "B" is hereby ordered to be summarily vacated and abandoned. Provided
however, that abandonment shall not become effective until the Restrictive Covenant and
Agreement to Maintain Property, approved by City Council concurrently with this Resolution,
has been recorded.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
Resolution of Vacation be recorded with the Orange County Recorder.
ATTEST:
CITY CLERK
Adopted this _day of 1998
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11
NIEMORANDUA'I TO CITY COUNCIL 0
To: Robert Burnham Esq. -City Attorney
Re: "VACATION OF UNUSED RIGHT- OF- WAY ... OCEAN BOULEVARD..."
Agenda Item #4 [On September 281h calendar - continued to October 12.19981
Date:October 7,1998
From: Alice and Franklin Remer- Residents at 210 Goldenrod.C.D.M.
Comments
History -2735 Ocean Blvd.- Hamilton Residence
1. In June of 1972 it was discovered that Mr. Hamilton's new patio,entrance and related
landscaping were built out onto the public right of way without variance or City permission.
2. On June 8,1972, the City and Mr. Hamilton with input and agreement of affected
neighbors, agreed in writing [see enclosed letter signed by Mr. Hamilton and Cal Stewart]
to the following:
A. That for a period of 2 years the planted Ficus hedge would be maintained
no higher than the handrail (approx. 40 inches)
B. That all fiats would be removed no later than July 1, 1974.
C. "No additional improvem;ents, including landscaping will be made on public
property without ... prior approval ".
.).The enclosed photos taken on Septemeber 26,1998 (two days before the last hearing)
clearly demonstrate the present conditions:
A.The Ficus hedge has not been removed
B. The Ficus hedge is considerably higher than the handrail
C. The existing hedge is not a" legal non - conforming use " - but rather a use in
direct violation of the City's written agreement with Mr. Hamilton .
Recommendation(by way of compromise) That Mr. Hamilton not be required to remove
the Ficus (as per agreement) but that it and all other planting be maintained no higher than
the northerly end of the handrail.
Respectfully:
Franklin and Alice Remer
P.S. I have furnished you with copies for distribution to the Council
•
E
CITY OF NEWPORT BEACH
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� CALIFORNIA �.
C1t7 HAD
972 13M Newport BTt
June 8 1
— ,972 (714) $73-=10
Mr. John Hamilton
2735 Ocean Boulevard
Corona del Mar, California 92625
Dear Mr. Hamilton:
In crapliance with our conversation of 3:00 p.m. on Wednesday, Tune 7th, I an
forwarding the following letter to you for your confirmation.
Tr t„ Lhe use of public property at your new residence on Ocean
Boulevard and to retain the landscaping chat you have installed within the public
right of why, we agree to the following conditions: - -
(1) That you will, at your expense, install a sidewalk along the street right -
of -way behind the curb a width of approximately five feet for the length of
your property. This will be done prior to August 15th and the City will
remove the shrubs that are in the path of the sidewalk.
(2) The Ficus rubigi.nosa trees that have been planted bayward of the curb will
be maintained at a height no higher than the 12 .rlr most point of yaLw
sidewalk handrail. The Citr will oeriodlc ections and even XW
pprru�un__e__ the '?Ms to mair}_ta_u"i this level. It is �ed that within
E— WRod.of �, or no later than July 1, 1974, these Ficus nubiginosa
trees will a�e removed at your expense.
That the four Evcalyptu� trees that are the closest to Ocean Boulevard will
be remov andTia£ the fifth Eucalyptus tree, which is immediately ad)at�en
to yout property line, will be permitted to remain.
These conditions have been approved by the adjacent property owners.
Also, subject to these coniltirw s, the Darks, deac'�es 6 P#creation Department will
mniorize the installation of a trellis not to exceed t iri width and placed
adjacent to the retaining wall just bayward o£ Ocean Bo d. J
Finally, no additional improvements, includingg lands will be made on the
public property without prior Parks, ipea�cneR Recreation approval.
Should you have any questions relative to these conditions, I would appreciate ycir
imrediate response; otherwise, if you will sign cr. the lire indicated, and retain
one copy for your files and return two copies for my files, I will be most grateful
Thank you for your cooperation in helping to resolve this matter.
CC$:dm
cc, Robert Wv= City mg-r.
Dennis O'Neil , City Attorney
Verr,Iruly you
/y ul� " l k .
CALVIN C. STEW�RT, Director
Parks, Be?hes P Rezration
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EXHIBIT "G"
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Sword, Kelli
From: sunsetkds @mail.mindspring.com [SMTP :sunsetkds @mail.mindspring.comj
Sent: Wednesday, October 07, 1998 5:12 AM
To: BBurnham @City.Newport- Beach.Ca.US
Cc: KSword @City.Newport- Beach.Ca.US
Subject: Vacation - R O W 2735 and 2741 Ocean BI., Com.
The following comments refer to the Draft Restrictive Covenant on this issue:
Item E: The City should preserve public views from the sidewalk on both sides of
Ocean Blvd.
Item #2 RESTRICTIONS:
C. Landscaping and Vegetation - --
I am aware of existing agreements between the City and property owners and between
two property owners. The former requires vegetation to be no higher than 3 feet above curb in
the City ROW. The latter is the result of a 1976 California Coastal Zone Commission Ruling
restricting upper vegetation to not more than 2 feet above Ocean Blvd. street level and planting
on the slope to not exceed the roof -line height of the residence. The 2 feet above Ocean Blvd.
street level provides Chanel and Ocean Views from both sides of Ocean Blvd.
E. (Recommendation)
City Policy L- 6 prohibits lighting on Public ROW. Lighting of homes, trees, or plants
should not be allowed since it creates glare which inhibits Ocean and Harbor Lights' views at
night.
Lighting, if approved, should be confined to low, downward illuminating lights for access
and walkways, and should not create view affecting glare.
MY OPINION is this issue, which will affect all Ocean BI. bluff homes, is being addrssed in a very
piecemeal manner.
Carter B.Wurts
2700 Ocean Blvd. CDM
11
0
MBP9q &AN1J1IM
TO: Bob Burnham, City Attorney
Robin Clauson, Assistant City Attorney
Councilman Dennis O'Neil
FROM: Phil Sansone ems,
Re: Proposed Abandonment of Public Right -of -way at 2735 and
2741 Ocean Boulevard
No objections to material on 2741 Ocean. The City Arborlst
should direct any tree trlmmino that 1s required to comply
with the appropriate section of paragraph 2, "Restrictions'.
The accuracy of the statement In paragraph C, of the
Restrictions "for the property at 2735 Ocean which read$ "is
a legal non - conforming use" is hereby challenged.
While there may not be an official encroachment permit, City
records Cold PB &R) will show that for many years appropriate
officials unsuccessfully attempted to maintain the public
view by having the shrubbery trimmed. As I recall, the City
position was that the height of the shrubbery was to be
maintained level with the height of the owner - installed
railing across the front of the property.
The City's Inability to effect compliance over, the yeaf's,
due to lack of enforcement Personnel or otherwise, has
resulted in the shrubbery now approaching six (6) feet In
height, completely obstructing the public view of the
harbor, ocean and peninsula.
This property should have the same restriction as that being
Imposed on 2741, specifically, landscaping and vegetation on
the property shall not exceed the permitted height of
structures. In any event. the maximum height measured from
the lowest point of the sidewalk should not exceed four (4)
feet.
SEP -20 -1998 17:16
7146759138 9E'
P.01