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HomeMy WebLinkAbout20 - EPN2000-263 - 2804 Broad Street Public Right-of-Way• February 12, 2002 CITY COUNCIL AGENDA ITEM NO. e2D TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2804 BROAD STREET, NEWPORT HEIGHTS (N2000 -263) OWNER: Robert Malanga RECOMMENDATIONS: 1. Deny the Request or 2. Approve the application subject to: A. Execution of an Encroachment Agreement for non - standard improvements. 1. Authorize the Mayor and the City Clerk to execute the Agreement. . 2. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. B. An Encroachment Permit issued by the Public Works Department. C. A Building Permit issued by the Building Department. D. Modification Committee approval. FRIKOIR3318101 The existing non - standard encroachment was denied during the July 25, 2000, City Council meeting (see attached City Council memorandum, and minutes). The owner did not attend the meeting to support/defend his non - standard encroachment, because he claims he was not notified (see letters of notification and cash receipt). The property owner, in an attempt to convince Staff to allow the encroachment to remain in place, submitted a proposal on October 26, 2000, to the former Public Works Director (Don Webb), requesting to keep the encroachment until the City constructs sidewalk improvements. The owner's proposal was rejected by the Public Works Department. Efforts in the interim to resolve the dispute for over a year have been unsuccessful. Therefore, the encroachment request by the owner has been resubmitted to City Council for approval /denial and to allow the property owner to explain his position. . The property owner has submitted additional information to justify and support his encroachment (see attached January 25, 2002, letter). Public Works became aware of the SUBJECT: Encroachment Agreement for Construction and Maintenance of Private Improvements Within the Public Right -of -Way Adjacent to 2804 Broad Street, Newport Heights (N2000 -263). January 8, 2002 Page 2 existing wall during a Modification Committee Meeting where the owner requested to permit the • retention of the as -built wall encroaching into the setback. Although the owner has submitted photos of similar encroachments to support his case, they are a combination of wooden fence /landscaping with pilasters and wrought iron gate. These encroachments are less permanent and can be more easily removed. Staff does not support the owner's 12 -inch thick solid brick wall and gate encroachment that extends the entire width of the property. Although other similar encroachments exist in the neighborhood, they are not to the extent of his improvements. In addition, if and when these properties are redeveloped they will be required to meet current City Council Policy L -6 - enabling the City to restore the right -of -way for public access. As a result of difficulty in assuring the property owner received notifications, Mr. Malanga was notified in writing on November 21, 2001, via Federal Express (see attached letter and FedEx billing) and a letter hand delivered by City Staff. The property owner was given notice of the January 8, 2002, City Council Meeting for his resubmittal and a December 14, 2001, deadline to submit to staff any additional information to justify /support his encroachments. A written notice from the owner to reschedule the January 8, 2002, City Council Meeting to February 12, 2002, was received on December 27, 2001, (after the December 14, 2001, deadline). Although, the property owner had missed the deadline, the City did honor the property owner's request to reschedule the City Council Meeting to February 12, 2002, (see attached letter dated December 27, 2001). The property owner has been sent a reminder notice of the upcoming February 12, 2002, City Council Meeting (see attached February 1, 2002, letter). Respectfully submitted,. PUBLIC WORKS DEPARTMENT Stephen G BAdum, Director By: a� i bert Wong Associate Civil Engineer Attachments: July 25, 2000 City Council Memorandum July 25, 2000 City Council Minutes Letter dated June 14, 2000 Letter dated June 30, 2000 Cash receipt dated July 6, 2000 Letter dated November 21, 2001 FedEx Billing dated November 21, 2001 Letter dated December 27, 2001 Letter dated January 25, 2002 Letter dated February 1, 2002 • 0 0 I►._J July 25, 2000 CITY COUNCIL AGENDA ITEM NO. 24 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2804 BROAD STREET, NEWPORT HEIGHTS (N2000 -240) OWNER: Robert Malanga --- I Cif' OF NE1.NPL:n r. RECOMMENDATIONS: f 1 JUL 2 5 1. Deny the Request � or j - -- 2. Approve the application subject to: Dztnr� Wl°i rC A. Execution of an Encroachment Agreement for non - standard improvements. 1. Authorize the Mayor and the City Clerk to execute the Agreement. 2. Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. B. An Encroachment Permit issued by the Public Works Department. C. A Building Permit issued by the Building Department. D. Modification Committee approval. 3. Revise City Council Policy L -6 to omit L- 6.D.1.b. for Broad Street. DISCUSSION: Bob Melange, the owner of the property located at 2804 Broad Street in Newport Heights, has requested that he be permitted to keep the existing non - standard improvements within the public right -of -way (see attached letter, photos, and exhibits). The existing non - standard improvements measured from the top of the existing curb are a 43 -inch high and 14 -inch thick grouted brick wall with a 49 -inch high wrought iron gate, 43 -inch high grouted 18 -inch square brick pilasters with 18 -inch lights, and landscaping located between 2 -feet behind the existing curb face and 12 -feet behind the existing curb face (property line). The house is designed with the main entrance off Broad Street and garage entrance off the alley. Per the owner's letter dated June 14, 2000 and exhibit; the brick wall and gate was a replacement of an existing fence and gate, and the brick pilasters with lights were existing. The owner has obtained some support in the neighborhood and stated that there are other non - standard improvements similar in nature in the neighborhood (see attached letters of support and. photos). SUBJECT: Encroachment Agreen .br Construction and Maintenance of Private Impro :nts Within the Public Right -of -Way Adjacent to 2804 Broau street, Newport Heights (N2000 -240) July 25. 2000 Page 2 Although currently there is no existing concrete sidewalk, the existing non - standard improvements and landscaping prevent pedestrian access behind the curb. In addition, the improvements do not provide the minimum 4 -foot requirement for handicap access or any future minimum 5 -foot wide public sidewalk behind the curb. Hence, these encroachments force the pedestrians to walk in the street shared by motor vehicles. Other encroachments in the area are not to the extent of 2804 Broad Street. Many of the existing encroachments are a combination of wooden fencing /landscaping with pilasters and wrought iron gates. Hence, these encroachments are less permanent and can be more easily removed. Staff does not support the wall and gate encroachment that extends the entire width of the property of 45 -feet. Even though other similar non - standard improvements exist in the neighborhood, when existing non - standard improvements are reconstructed /modified they will be required to meet current City Council Policy L -6 so that the City can restore the right -of -way for public access. City Council Policy L- 6.D.1.b. specifically applies to Broad Street from Santa Ana Avenue to Redlands Avenue, allowing a 3 -foot maximum height structural encroachment to be located no closer than 8 feet behind the face of curb. The subject property (2804 Broad Street) is located between the Santa Ana Avenue and Redlands Avenue limits. The Broad Street right -of -way was 22 -feet behind the existing face of curb, when the Council Policy was originally adopted. However in 1998, City Council approved a Broad Street right -of -way vacation per Resolution 98 -36 reducing Broad Street right -of -way to 12 -feet behind the existing face of curb, which is consistant with parkway widths in the area. Therefore, the encroachment per City Council Policy L- 6.D.1.b. no longer applies. Council Policy L -6, 'Private Encroachments in the Public Right -of -Way," requires the prior approval of City Council for private structural improvements such as planters, walls, etc., in public easements or rights -of -way. Should City Council approve the encroachments, an Encroachment Agreement would require the property owner to maintain the existing encroachments and landscape improvements in the right -of -way as approved by the Public Works Department and General Services Department. The attached Encroachment Agreement includes a hold harmless clause indemnifying the City of Newport Beach against any liability connected with the proposed /existing encroachments in the Broad Street right -of -way. qC WORKS DEPARTMENT Don Webb, Director By: Gilbert Wong Associate Civil Engineer Attachments: Letter dated June 14, 2000 Neighborhood letters of support/against Photos Encroachment Agreement Exhibit RECORDING REQUESTED t -4D WHEN RECORDED RETURN TO: Opublic Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000 -263) THIS AGREEMENT is made and entered into this day of 2000, by and between Robert Malanga (hereinafter "OWNER "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY "), "OWNER" is the owner of property located at 2804 Broad Street, Newport Beach, California and legally described as Lot 5, Block 23, First Addition to Newport Heights Tract, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; • WITNESSETH: WHEREAS, OWNER desires to construct certain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the Broad Street right -of -way (hereinafter "RIGHT - OF- WAY ") that is located adjacent to Lot 5, Block 23, First Addition to Newport Heights Tract, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2804 Broad Street, Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT -OF -WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said 0 PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 43- .inch high wall with lights, 49 -inch high wrought iron gate, landscaping, and appurtenances in the Broad Street right -of -way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. All landscaping behind the wall within the public right -of -way shall be maintained no higher than the wall. No landscaping will be allowed between the wall and existing curb that prevents pedestrian access. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approved by the City Engineer and shall be on shown on the "As Built" plans. 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT -OF -WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. OWNER and CITY further agree as follows: a. OWNER may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. In addition, all landscaping behind the wall within the public right -of -way shall be maintained no higher than & wall. No landscaping will be allc A between the wall and existing curb that prevents pedestrian access. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said RIGHT -OF -WAY to exercise its primary rights associated with said RIGHT -OF -WAY, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNER of its intention to accomplish such work, 0 i any emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTEpIMPROVEMENTS. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date o "armination. In the event of litigatic ommenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 6. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 7. OWNER agree that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. • APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: LIM City Manager By: 0 Robert Malanga STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 2000, 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 his 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 acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State *STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) 0 (This area for official notarial seal) On , 2000, 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 persons(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State F 1WP5I IG ILB ERT WG\MCMALANGAEPN2000•NHNH (This area for official notarial seal) 2 -14 -00 • TO: GINA GARCIA FROM: BOB MALANGA 2804 BROAD STREET ENCLOSED PLEASE FIND THE HEIGHT MEASUREMENTS THAT YOU REQUESTED. PLEASE NOTE THAT THE PILASTERS WITH THE LIGHTS AND THE LIGHTS THEMSELVES WERE EXISTING FOR FIFTEEN YEARS. IF YOU HAVE ANY QUESTIONS, GINA, PLEASE GIVE ME A CALL. CELL # 466 -0410 TOP OF WALL 4W . TOP OF LIGHTS 6M1" TOP OF GATE 49" 1p-X"\ e> > W r 0 Q 0 a r X LLI 1 \3 _ Ji at�r ✓ t � y � � K� •' T91' �3� �.:... -•.. 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AU { .' t. t 1 •i,! s: st h� tt rr� a �: y �� "t� i -I � �� ,rl c� :7 i .�:" �rn '1 � R - .. .j St 1 F ., 'iL If �'��_� t •; ��jlr:. [ x � w�. rt • `• :;: �r r 1 �`^ ten. r •1 i,a t , .�jf rt k� I y 0 June 14, 2000 Gilbert Wong Project Engineer Public Works Department City of Newport Beach Subject: 2804 Broad Street Replacement Fence Encroachment Permit Dear Gilbert: Attached is my encroachment permit application for a replacement fence that has stood for sixteen years. In addition, I am submitting letters from my neighbors together with photos of the wall as well as other walls and fences on Broad Street. Please note that the wall is a replacement for a fence that has stood for sixteen years. The light standards and the light fixtures have been there for sixteen years as well. The gate is also a replacement item. The replacement fence became a necessity when the existing materials warped and became structurally unsound I would encourage an on -site meeting and tour of the neighborhood at Broad street, where your committee will have a better visualization of the homes that have fences encroaching in the exact identical parameters that seem to be of issue here. This replacement wall has greatly enhanced this neighborhood as*tically, and has not obstructed anything, as it has not been an issue or of any concerns over the past sixteen years. I anticipate the approval of my permit, and I am sure that all will be in agreement. I greatly appreciate the time and efforts of all staff members pertaining to this matter. ANTHONY K. ELLSWORTt. Attorney at Law 2429 West Coast Highway, Suite 200 Newport Beach, California 92663 (949) 642 -8505 rax (949) 642 -8595 TO: Newport Beach City Council RD 2604 Broad Street Wall Variance This particular used brick wall is not offensive at all, and most certainly is a real "plus" for the neighborhood... I would ask that the property owner be allowed to retain it, as built... Thank you. Owner at... 435 Redlands Avenue Newport Beach, CA 92663 P.S.: I might not feel this way about other neighborhood incursions ` 0 0 02- PLANNING DEPT \_J ID :949 -643 -3229 JUN 14'00 8:16 No.001 P.06 Dear City Council, This letter concerns Mr Malanga at 2604 Broad Street. We think his fence is an asset to the neighborhood and we find it very attractive. Others along Broad Street and Redlands have not set their fences back fifteen feet and the height of the brick pilasters look the same as those across the Street from us. Please allow Mr Malanga to have his fence so his little dog can have access to the front lawn. Names below are neighbors in the area. Thank you, Respectfully • rLrrK -� � �'.�t vr+� Gl.emm P2�Q,� 0 r i r' �`D4t7 .S f CNB- PLRNNING DEPT. ID:949- 644 -3229 JUN 14'00 8 :15 No.001 P.04 ��� a'?� ,2.000 • a so C1,119- PLANNING, DEPT. IU :949- 544 -3229 JUN 14'00 8:15 NO.001 P.03 E CNB- PLANNING DEPT. ID :949- 644 -3229 JUN 14'00 8:15 No.001 P.02 NEWPORT BEACH PLANNING DEPARTMENT . CITY HALL 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 -8915 RE: MODIFICATION NO. 5043 TO WHOM IT MAY CONCERN: i HAVE READ THE PUBLIC NOTICE REGARDING'fHE PROPERTY AT 2804 BROAD STREET, NEWPORT BEACH. I BELIEVE THAT THE REPLACEMENT FENCE AT 2804 BROAD STREET IS AN ENHANCEMENT TO OUR NEIGHBORHOOD. ITS APPEARANCE IS NEAT AND IT DOES NOT INTERFERE WITH SIGHT OF TRAFFIC OR COASTAL VIEWS. ADDITIONS LIKE THIS SHOW PRIDE OF OWNERSHIP AND HELP MAKE OUR NEIGHBORHOOD NICER. THANK YOU, NAME ADDRESS . _n . -f0 � .. 17� ---------- live "� ���-� �/ n - h � ` G.T II 1 3 .. _ F� —. }. JL: ¥�: c� :/: � > � %� 9 �� 2« . � -: �� » .\ \ :�� w� y� } /� . . . . \� � ��� / «, ƒ©`�) . .� � � � � � d! � \� .. . /\2 \�� - � / § ' _T: . � . \� 6 § � �� ' � 2 � w� y� } )/ /���w�� 9 0 0 F.1 7 DISTANCE FROM CURB HEIGHT BROAD - BET`N`EEN 'VIESTNnii'ISTER EOLMWOOD 6' 63" •. -t r ,n 1 '� � .f _ _ �.rS�� a _ �- �# ` • � i I y, 4� °i.' 1 1� tl:. b '/ _ : �' ( [�_. sT _ �- Coi \ICC� ^IE1} ��E1GHT3o12. \UlL�1N C� Gt�-gE;TzT' \1JOC-\G c�t3l lc E�T. n1C HE \ c- tITS NElGHi3o� RHO �ES\bEh�� o-F 1 � wEtiTY -CNE \{BARS ,_r ftM Wt'rHit�1 �tlEfi�1vS oTr" MoDt�\cgTdrt��n43 \ZBd��Ro���T, Z' HRT G,�( �O US E n1�1ZoftLFi ^EniT. PHIS Ent�RoACH E:IL ToTELt --F. c, `�VEn1ci� An���EOC,- F�t1bS ��lEt��UE f�t�lb Gv� N� t�H�3o� t�lc1'Ro�ET�Ti�s - ^TH�s As�3ut�TCvA�L wtt_��aRE��E AF���T PNn ESTRt3��s f-1 FI�RECE�E�Jcc IN fail= l�ij�3olzHov� WH��N Is l�o� T ok--) -F� 'y SSI\4F- S t �\1 C" ELY HEIVH C S Got\lcERt\1EQ �1ElG�1F�c�� z-I • City of Newport Beach City Council Minutes July 26, 2000 the Greenlight initiative web site and forming a committee to develop a policy Council Member Debay stated that she agrees with the suggestions if the TPO initiative is also allowed a link. Mayor Noyes agreed and stated that there are eight other political action committees (PACs) that should also be considered. Council Member Debay stated that the TPO initiative proponents should be allowed the same exposure as the Greenlight initiative proponents. Council Member Ridgeway agreed that it should be added to Council Member Glover's motion. Mayor Noyes suggested that the initiative links only be allowed through the election. City Manager Bludau additionally suggested that other links be frozen until a Council- approved policy is in place. Mayor Pro Tem Adams clarified that the motion was to leave the Chamber link in its current location and place the additional links on the Links page. Council Member Glover agreed to include the amendments to her motion The motion by Council Member Glover to request that a City Council ad hoc committee be formed to develop a policy that sets criteria for links on the City's web site; request that a disclaimer be added to the City's web site; request that the Chamber of Commerce link remain as is; request that the Greenlight proponents and the TPO proponents be allowed on the Links page through November 7, 2000; and to "freeze" other links to the web page until a Council- approved policy is in place carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2804 BROAD STREET, NEWPORT HEIGHTS (N2000 -240). Public Works Director Webb stated that a brick wall was constructed within the public right-of- -way without an encroachment permit and that it does not meet the various policies of the City Council. He stated that staffs recommendation is to deny the appeal of the applicant and require that the wall be removed from the public right -of -way. He stated that if the City Council would prefer that the wall be allowed to remain, staff would like to recommend some conditions. Volume 53 - Page 529 INDEX EPN2000 -240 2804 Broad Street (65) • 0 • City of Newport Beach City Council Minutes July 25,2000 Council Member Glover stated that the street was recently changed to avoid encroachments such as the one before the City Council at the current meeting. Motion by Council Member Glover to deny the request. Kelly Sandore, 430 Redlands Avenue, began by stating that the City is the perfect size and that City staff is great to work with. He stated that the encroachment does not follow City policy. He agreed that the problem is public right-of-way and he doesn't support any structure on public right -of- way. He stated that the neighborhood does not have streetlights or sidewalks, and any encroachments are a hazard. The motion carried by the following roll can vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. ADJOURNMENT -11:50 p.m The agenda for the Regular Meeting was posted on July 19, 2000, at 3:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. off° l%-►�. m . �,� �Q�, City Clerk Volume 63 - Page 580 IN0) June 14, 2000 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. . P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Robert Malanga 2804 Broad Street Newport Beach, CA. 92663 SUBJECT: Non - Standard Improvements in Public Right -Of -Way Dear Mr. Malanga: As a condition of approval of Modification No. 5043 at 2804 Broad Street, approval and encroachment permit are required from the Public Works Department. After further review of your encroachment permit application to allow the encroaching non - standard improvements (i.e. grouted brick wall, grouted brick pilasters with lighting, and wrought iron gate) in the Public right -of -way, staff has determined that City Council approval will be required per City Council policy L -6 (attached). In order to submit your request for City Council approval, please pay the $355 . encroachment permit fee. City Council meetings are scheduled every second and fourth Tuesdays of every month unless there is a holiday. The staff report is due two weeks prior to the City Council meeting. If you have any questions or need additional information, please feel free to call me at (949) 644 -3334. Very truly yours, Gilbert Wong Project Engineer FAUSER\PBW\G WONG \WP51 EP\MALANGA- NH2O00EP.DOC 0 . L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the City that the public rights -of -way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of- way. Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right -of -way, or exceed 3 feet in height, measured from the top of curb elevation /or from sidewalk elevation where sidewalk exists. • 2. Driveway approaches not conforming to Council Policy L -2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L -8. 4. Ocean front alley end improvements not conforming to Council Policy L -8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone /brick installed at grade. 9. Private dwellings and appendages including raised patios and decks, • except as provided for in this section and the Building Code. 10. Pay telephones. 1 L -6 . B. Private encroachments requiring a permit from the General Services Department. 1. Tree planting and removal. 2. Shrub planting and removal. 3 Median landscaping. If, in the opinion of the General Services Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring a permit from the Public Works Department. 1. Drive approaches conforming to Council Policy L -2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored /textured concrete or flat stone /brick) installed at grade (subject to General Services Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right -of -way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 0 2 0 L-6 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. In the commercial areas there shall be at least 4 feet of clear sidewalk width and /or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non - standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. b. Broad Street from Santa Ana Avenue to Redlands Avenue. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front and North Bay Front are as follows: a. Planters that do not exceed 1 foot in height located within 2'-6" of the back of existing sidewalk, planted with ground cover and shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2' -6" from back of sidewalk. i. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. Kl L -6 ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from back of sidewalk, not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2' -6" from the back of sidewalk. i. Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of 2' -6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of T -6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 4 0 ! L -6 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the General Services Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 0 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended -January 24, 1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26, 1996 5 June 30, 2000 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Robert Malanga 2804 Broad Street Newport Beach, CA. 92663 SUBJECT: Non - Standard Improvements in Public Right -Of -Way Dear Mr. Malanga: Your request for City Council approval has been omitted from the July 11, 2000 City Council Agenda. I left a June 26, 2000 phone message on your recorder (949) 646- 6325, requesting that the encroachment permit fees of $355 must be paid and your photo references must be submitted by June 27, 2000 deadline to be on the July 11, 2000 City Council Agenda. Hence, please pay the required $355 encroachment permit fees and submitted your photo references as soon as possible or by July 6. 2000 to be on the next available City Council Agenda scheduled for July 25, 2000. As a reminder, condition of approval of Modification No. 5043 requires an encroachment permit from the Public Works Department and consequently City Council approval. In addition, Modification Committee continued your item (Modification No.5043) for an additional 60 days during the June 14, 2000 meeting. If you have any questions or need additional information, please feel free to call me at (949) 644 -3334. Very truly yours, ilbe� / Project Engineer F:\ USER\ PBWIGWONG \WP5IEP\MALANGA- NH2000EP: 2n° NoticeDOC 0 ���W°°Rr CITY OF NEWPORT BEACH o e ADMINISTRATIVE SERVICES S 3300 NEWPORT BLVD. °' P.O. BOX 1768, NEWPORT BEACH. CA 92659 8915 C74 FO0.H�P RECEIVED BY: PERRY2 TODAY'S DATE: 07/06/00 52005016 CURB CUT FEES 2000 -263 52005033 ENCROACHMNT /ENG 51005014 ENGINEERING SVC • CASH RECEIPT RECEIPT NUMBER: 02000281239 PAYOR: MALANGA, ROBERT REGISTER DATE: 07/07/00 TIME: 17:11:20 $55.00 $220.00 $80.00 --------------- - TOTAL DUE: $355.00 CASH PAID CHECK PAID CHECK NO $.00 $355.00 2080 TENDERED CHANGE $355.00 $.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92638 -8915 (949) 644 -3311 November 21, 2001 Robert Malanga 2804 Broad Street Newport Beach, CA. 92663 SUBJECT: Wall Encroachment (EPN2000 -240, Modification Item No. 5043) Dear Mr. Malanga: Initially, the brick wall was constructed to replace an existing deteriorated fence per your letter dated June 14, 2000. The brick wall was built without any permits and did not meet current City policies. Hence, a variance was needed for the brick wall within the setback per the Modification Committee and City Council approval was needed for encroaching into the public right -of -way per the Public Works Department. On March 1, 2000 the Modification Committee continued your item and as a condition of approval for the wall variance in the setback, it was recommended that City Council approval be obtained for the wall encroaching into the public right -of -way. Your encroachment request was denied by City Council during the July 25, 2000 meeting. You did not attend the July 25, 2000 City Council meeting to support your request, because you claimed you were not notified of the meeting. Efforts in the interim to resolve the dispute have been unsuccessful. Staff will be resubmitting your encroachment request to City Council for denial /approval on January 8, 2002. If you have any additional information (i.e. letter /photos justifying and supporting your encroachment) you would like to submit to staff for consideration, please submit them by December 14, 2001. If you need more time to prepare or if you're unable to attend the January 8, 2002 City Council meeting, please notifiy me as soon as possible in writing to extend the deadline and reschedule the City Council meeting. City Council meetings are scheduled every second and fourth Tuesdays of every month unless there is a holiday. The staff report is due two weeks prior to the City Council meetings. If you have any questions, please feel free to call me at (949) 644 -3334. Very truly yours, Gilbert Wong Project Engineer . F \USER \WP51 \GILBERT\EP \MALANGAEPN2000- 240- NH- 2ndCC2001.00C CC: Dan Ohl USA Airbill tr;ua 8301 7573 7425 i xwnea Address 3300 NEWPORT BLVD oevraemisrwamn city NEWPORT BEACH state CA zip 92663 Your Internal Billing Reference - ... - See back for appPcafion iesi,rf Questions? 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Only Do 7 Payment Bdlro: :,....„ u::: 1:-,, r, r:nc.n un r.mv. Sender ❑ flecipient �� Third Party ❑ CredeCard E] Cash/Check xo snann .vwi;Ne. Tote) ck es Teedweighl TealOeclaredlhaMe+ tour GaeiGrylsfimueee m510)u ee NgM1Ser value See e.sslora.uis kaF.VUanly 6 Release Signature smro .�mor.r<o.manrw.wmnm. +.e,ennu. and s aprnggroointl imilVeM xdeusNannsIeur�ro erry�re uNryel.unI eynaWtt 0192556279 se.,r o.u1Nr•Pon..... s. e, S10 rrnvnnyl[p ru sF 4 66 Robert Malanga 2804 Broad Street Newport Beach Ca. 92663 0 Gilbert Wong Project Engineer City Of Newport Beach 3300 Newport Blvd. Newport Beach 92658 -8915 Re: Wall Encroachment (EPN2000 -240, Mod Item No. 5043 ) Dear Mr. Wong: LIEG 2 7 2001 I am unable to attend the City Council meeting pertaining to the above referenced item scheduled for January 8, 2002. Please re- schedule two meetings out and notify me of exact date of re- scheduled meeting. Thank you, L�' kAle J e--r Bob Malanga 0 u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 December 27, 2001 Robert Malanga 2804 Broad Street Newport Beach, CA. 92663 SUBJECT: Wall Encroachment (EPN2000 -263, Modification Item No. 5043) Dear Mr. Malanga: The Public Works Department received your letter on December 27, 2001 (post marked December 21, 2001), requesting the City to re- schedule the January 8, 2002 City Council hearing on your wall. Hence, per your request the hearing has been re- scheduled to February 12, 2002. Although you missed the December 14, 2001, deadline for an extension per our November 21, 2001, letter, the City will still honor your request. . There will be no more extensions and /or rescheduling of the February 12, 2002, City Council hearing for your wall encroachment. It is imperative that you attend the City Council meeting, so you can have the opportunity to discuss /debate your position on the encroachment issue. If an emergenc and /or unforeseeable predicament prevents you from attending the February 12 City Council meeting, please have a representative on your behalf attend the meeting. If you have any additional information (i.e. letter /photos justifying and supporting your encroachment) you would like to submit to staff for consideration, please submit them by January 25, 2002. If you have any questions, please feel free to call me at (949) 644 -3334. Very truly yours, Gilbert Wong Project Engineer FAUSERMP511GILBERT\EPWALANGAE PN2000- 263- NH- 3rdCC2001.DOC CC: Dan Ohl 0 ROBERT MALANGA 2804 Broad Street Newport Beach, CA 92663 Tel: (949) 466 -0410 Fax: (949) 645 -3036 January 25, 2002 Tod W. Ridgeway, Mayor Steven Bromberg, Mayor Pro Tern Gary B. Adams Council Member Gary Proctor Council Member Norma J. Glover Council Member Dennis D. O'Neil Council Member John Heffernan TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF NEWPORT BEACH '02 JAN 25 P 1 :13 OrFICE ^i' THE CITY CLERA CITY OF NEWPORT BEACH Date �-�_o a' Copies Sent To: M Mayor ® Council Member 0 Manager ❑ Attorney ❑ My name is Robert Malanga and I reside at 2804 Broad Street in Newport 0 Beach. As part of a remodel of my home in 1987, a wooden fence with pilasters and a high gate was constructed at the property. Attached are some photographs from 1987 showing the wooden fence. In 1999, the wooden fence which was constructed of Douglas Fir, was rotting and was difficult to maintain. Therefore, I decided it was necessary to replace the wooden portion of the fence construction in order to enhance the appearance of the property and to (hopefully) reduce maintenance. I decided that a brick wall would be the most appropriate replacement, providing a pleasing aesthetic and a maintenance friendly substitute for the wood fence. I contacted the Public Works Department and spoke with Gilbert Wong. I advised Mr. Wong of my plans to demolish the wooden portion of the existing fence, to keep the pilasters and lights, and to replace the wooden portion with brick. Mr. Wong was very helpful, and advised that I could not exceed existing fence heights. I was informed by Mr. Wong that the fence was within the 12 -foot back -of -curb setback and therefore encroached on City property. He did advise me, however, that the City permitted construction in that area so long as existing heights were maintained. Since I did not anticipate going higher than the existing gate, I assumed that the brick • wall construction would be acceptable. My thought process was based, in part, on a HONORABLE MAYOR AND CITY COUNCIL MEMBERS, ETC. January 25, 2002 Page 2 lack of understanding of all of the City requirements, as well as belief that Public Works had been informed of what I was doing and had "blessed" the project. Also, the project was certainly in line with other projects in the neighborhood. The following examples are included for your information: Picture No. 1 shows my home. The wall ranges from 43 inches high along the course of the bricks to 61 inches high at the gate. It is 3 feet, 4 inches from the curb. Picture No. 2 is directly across the street from my house at 2809 Broad Street. It is 3 feet from the curb and is 57 inches high. This is the Tim Newman home. Picture No. 3 is less than 3 feet from the curb and is 3 feet in height. It consists of a series of pilasters which were constructed within the last several months. Picture No. 4 is located at 3001 Broad Street. The hedge is right at the curb. MPicture No. 5 is located at 3001 Broad Street. The pilasters are at a distance of 3 feet from the curb and the gate is 5 feet, 10 inches high. Picture No. 6 is located at 2815 Broad Street. While the pilasters are set further away from the curb, they are several inches higher than mine. Picture No. 7 is located at 519 Santa Ana. As can been seen, a trellis is flanked by a descending fence on either side within just a few feet of the curb. I have also included several other pictures to demonstrate hedge conditions along Broad Street in the general area. Pictures No. 8 through 12 demonstrate the general curb conditions on the street. Pictures No. 13, 14, 15, and 16 show the view from the street going down Broad Street. It is readily apparent that features come all the way out to the curb, well within the City setback. Picture No. 17 is another picture of my home, this one from the street. It can be seen that the bricks are harmonious with the general surroundings and are an attractive addition to the home. HONORABLE MAYOR AND CITY COUNCIL MEMBERS, ETC. January 25, 2002 Page 3 I am also attaching letters from several neighbors indicating support for the wall as it exists. I have offered the City an agreement that I would remove my wall within the City easement on reasonable notice. If the City will simply give me notice when they plan to construct a sidewalk in the area, I will happily remove the wall at my expense. However, to require me to simply remove the wall at this time would be to treat my property differently than the other properties in the area. The wall is not an eyesore. It complements my home and the houses in the neighborhood, and is consistent with the surrounding properties. Respectfully submitted, ROBERT MALANGA Enclosures 0 f -.S do .�i .tlt. 11a c.: i tAti N � -.S do .�i .tlt. 11a c.: i tAti IF !pt 5rts+e�Y".iTNrhii Z. if fi� b$ 7"1" 1.IjM� , %, 4x y ^r !1 � �' � Ir''! )� ��, * 5 1 �� � I � � i1K �1 Y, � ` J � �.' 1'� Q � M1� � v �{ I S _ S �� y�. a',. -.' ... z _ d". a 3 S ... MF�.�{?d(i�ii'`\i}+�'F.tt 'aG�i }� "`i`Y1'�"�T��' ?e+SY� G Y::F {fl � MM1n��. -.• '�'±Y/ 1� 'w` � +�� w N 7;' 4'%i {��'ly1 r. J re � � my i - $ t $VM'.r X Lr. Flit1 t r ��Sy r kq 4 y5 C �. �v1k4 Y•A /. t �:7 .y\yt� r w ?mss. i r < t� 7 (. t iF 4 r Al _ i �3 �� �.� ��.a.., ..�, _ .. �� ��� --�.1 � �.:.�...�� AL t� 5 YY sy� Skill Ll 0 0 ANTHONY K. ELLSWORTH Attorney at Law 2429 West Coast Highway, Suite 200 . Newport Beach, California 92663 (949) 642 -8505 Fax(949)642 -8595 TO: Newport Beach City Council RE: 2804 Broad Street Wall Variance This particular used brick wall is not offensive at all, and most certainly is a real "plus" for the neighborhood... I would ask that the property owner be allowed to retain it, as built... Thank you. Anthony . Ellsworth Owner at... 435 Redlands Avenue Newport Beach, CA 92663 P.S.: I might not feel this way about other neighborhood incursion 0 0 1 Dear City Council, This letter concerns Mr Melange at 2804 Broad Street. We think his fence is an asset to the neighborhood and we find it very attractive. Others along Broad Street and Redlands have not out their fences back fifteen feet and the height of the brick pilasters look the same as those across the Street from us. Please allow Mr Melange to have his fence so his little dog can have access to the front lawn. Names below are neighbors in the area. Thank you, 1l / Respectfully i'i • P . �W' 94-c- is 4 f 5 UXIM 0 4" a2 oz 000 ae 01/w Acv,, lttc zed a. `-fie_ � a� 7'0 Let, . E !r t 'l fi r -w. d14 e,6 ,��I.- 1z- C2iJTi ✓lam%- t9- i'/f_P_� .�� NEWPORT BEACH PLANNING DEPARTMENT CITY HAIL 3300 NEWPORT BLVD. NEWPORT BEACH, CA 926584915 RE: MODIFICATION NO. $043 TO WHOM IT MAY CONCERN: I HAVE READ THE PUBLIC NOTICE REGARDING THE PROPERTY AT 2804 BROAD STREET, NEWPORT BEACH. I BELIEVE THAT THE REPLACEMENT FENCE AT 2804 BROAD STREET IS AN ENHANCEMENT TO OUR NEIGHBORHOOD. ITS APPEARANCE IS NEAT AND IT DOES NOT INTERFERE WITH SIGHT OF TRAFFIC OR COASTAL VIEWS. ADDITIONS LIKE TIES SHOW PRIDE OF OWNERSHIP AND HELP MAKE OUR NEIGHBORHOOD NICER THANK YOU, pa.ral4 ADDRESS FlI 1... LJ ,r11 u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 February 1, 2002 Robert Malanga 2804 Broad Street Newport Beach, CA. 92663 SUBJECT: Wall Encroachment (EPN2000 -263, Modification Item No. 5043) Dear Mr. Malanga: This letter is to remind you that your encroachment request will be resubmitted for denial /approval at the February 12, 2002 City Council meeting located in the City Council Chambers at City Hall (3300 Newport Boulevard). There will be no more extensions and /or rescheduling of the February 12, 2002 City Council Meeting. Hence, it imperative urgent that you attend the City Council meeting, so you can have the opportunity to discuss /debate your position on the encroachment issue. • As indicated on the December 27, 2001 letter (attached), staff did receive additional information by the January 25, 2002 deadline to justify and support your encroachment. The additional information will be submitted to City Council for consideration. You may contact City Clerk office for the final staff report for February 12, 2002 City Council Meeting. If you have any questions, please feel free to call me at (949) 644 -3334. Very truly yours, Gilbert Wong Project Engineer F:\US E R \W P51 \G I LBERT\E P\MALANGAEPN2000 -240 -N H- 2ndCC2002- REMINDER -NOTI CEDOC CC: Dan Ohl •