HomeMy WebLinkAboutC-7043-1 - Grant of Easement for Sanitary Sewer Line Purposes for 1011 Kings RoadDocument -2150224 -Page -1
RECORDING REQUESTED BY:
CITY OF NEWPORT BEACH
WHEN RECORDED MAIL TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Page 1 of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111I111IIIIII11111111111111111111111111111111111IIIIII1111111111111111 NO FEE
-$ R 0 0 0 8 8 0 2 5 6 6 8+
201600052884110:30 am 10127116
227 402 SM A04 8
0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
WITH A COPY TO:
Bruce Ray D'Eliscu and Allyson Jean Ayres-D'Eliscu,
As Trustees of the D'Eliscu Family Trust Established August 28, 1997
1011 Kings Road
Newport Beach, CA 92663
Exempt from recoding fee per Government Code §§ 6103 and 27383
Documentary Transfer Tax Exempt per Rev & Tax Code § 11922
(Space above this line for the Recorders
GRANT OF EASEMENT FOR
SANITARY SEWER LINE PURPOSES
On this _3 a day of Sx 2016, for VALUABLE CONSIDERATION, receipt of
Which Is hereby acknowledged, BRUCE RAY D'ELISCU AND ALLYSON JEAN AYRES-
D'ELISCU AS TRUSTEES OF THE D'ELISCU FAMILY TRUST ESTABLISHED
AUGUST 28, 1997 ("Grantor'), owners of that certain real property, Assessor's Parcel
No. 049-212-19, commonly known as 1011 Kings Road, in the City of Newport Beach,
County of Orange, State of California, hereby grants to the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("Grantee" or "City'), an
exclusive easement for sanitary sewer line purposes and the construction, re-
construction, relocation, operations, maintenance, and repair of sewer mains, facilities
and appurtenances in, over, under, along, and across said certain real property
described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this
document.
It is understood and agreed that the improvements approved by the City Council
on March 8, 2016, are allowed to be constructed within the sewer easement area with
the execution of an Encroachment Agreement with the City for said improvements. Any
new improvements within the sewer easemeht area shall be reviewed and approved in
writing by the City Manager prior to installation. The cost to install, remove, replace,
maintain, and repair improvements installed by the Grantor in the sewer easement area
shall be borne exclusively by the Grantor, including any relocation or removal required
by City to exercise its easement rights.
[SIGNATURES ON NEXT PAGE]
about:blank 10/27/2016
RECORDING REQUESTED BY:
CITY OF NEWPORT BEACH
WHEN RECORDED MAIL TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
WITH A COPY TO:
Bruce Ray D'Eliscu and Allyson Jean Ayres-D'Eliscu,
As Trustees of the D'Eliscu Family Trust Established August 28, 1997
1011 Kings Road
Newport Beach, CA 92663
Exempt from recoding fee per Government Code §§ 6103 and 27383
Documentary Transfer Tax Exempt per Rev & Tax Code § 11922
(Space above this line for the Recorder's use)
GRANT OF EASEMENT FOR
SANITARY SEWER LINE PURPOSES
On this 3 cD day of _j�. 2016, for VALUABLE CONSIDERATION, receipt of
which is hereby acknowledged, BRUCE RAY D'ELISCU AND ALLYSON JEAN AYRES-
D'ELISCU AS TRUSTEES OF THE D'ELISCU FAMILY TRUST ESTABLISHED
AUGUST 28, 1997 ("Grantor"), owners of that certain real property, Assessor's Parcel
No. 049-212-19, commonly known as 1011 Kings Road, in the City of Newport Beach,
County of Orange, State of California, hereby grants to the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("Grantee" or "City'), an
exclusive easement for sanitary sewer line purposes and the construction, re-
construction, relocation, operations, maintenance, and repair of sewer mains, facilities
and appurtenances in, over, under, along, and across said certain real property
described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this
document.
It is understood and agreed that the improvements approved by the City Council
on March 8, 2016, are allowed to be constructed within the sewer easement area with
the execution of an Encroachment Agreement with the City for said improvements. Any
new improvements within the sewer easement area shall be reviewed and approved in
writing by the City Manager prior to installation. The cost to install, remove, replace,
maintain, and repair improvements installed by the Grantor in the sewer easement area
shall be borne exclusively by the Grantor, including any relocation or removal required
by City to exercise its easement rights.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Grant of
Easement to be executed on the date(s) written below.
GRANTOR:
BRUCE RAY D'ELISCU AND ALLYSON
JEAN AYRES-D'ELISCU AS TRUSTEES
OF THE D'ELISCU FAMILY TRUST
ESTABLISHED AUGUST 28. 1997
Date: I - 30 -(
By: �ts�
Bruce Ray D'Eliscu
Trustee
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On fi -15' 2016, before me, �4 Sv spy n of, eel o notary public, personally
appeared e e ,,r.i � Gl J S r u who proved to me on the
basis of satisfactory evidenc to be the person(() whose name( is/aro subscribed to within
instrument and who acknowledged to me that he/&heMiey executed the same in their authorized
capacity(k.*, and by his/her/their signature($) on the instrument the person(s), or entity upon
behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
M. SUSAN DIEGO
WITNESS my hand and official seal. Commission N 2055204
Notary Public - California
(� OCounty
1 �J.rirA,.t.-..,y (Seal) Comm. E% resPob12.2018�
( ignature of Notary)
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On t -5, 2016, before me, M% Sy,tn Ae- a , notary public, personally
appeare tflIN15D ti Jl�', D who proved to me on the
basis of satisfactory idence to be the person(* whose name(jo is/afe subscribed to within
instrument and who acknowledged to me that 4ae/she/they executed the same in their authorized
capacity(ies), and by Wa/her/their signature() on the instrument the person(s), or entity upon
behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Gxidls(se
(Signature of Notary)
M. SUSAN DIEGO
7 Commission N 2Q55204 Z
(Seal) i �� Notary Public -California Z
Z Orange County
My Comm. E ires Feb 12, 2018
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT "A"
EASEMENT AREA LEGAL DESCRIPTION
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A
PORTION OF PARCEL 1 OF PARCEL MAP NO. 84-712, AS PER MAP RECORDED IN BOOK 199,
PAGES 18 AND 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL 1, SOUTH 03°33'00" WEST, 69.00 FEET, TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 86026'29" EAST, 8.00 FEET;
THENCE SOUTH 03033'00" WEST, 10.00 FEET, PARALLEL WITH AND 8 FEET EASTERLY OF THE
WESTERLY LINE OF SAID PARCEL 1;
THENCE SOUTH 86027'00" EAST, 52.00 FEET, TO THE EASTERLY LINE OF SAID PARCEL 1;
THENCE SOUTH 03033'00" WEST, 10.00 FEET, ALONG THE EASTERLY LINE OF SAID PARCEL 1;
THENCE LEAVING SAID EASTERLY LINE NORTH 86027'00" WEST, 60.00 FEET, TO THE WESTERLY
LINE OF SAID PARCEL 1;
THENCE NORTH 03033'00" EAST, 20.00 FEET, ALONG THE WESTERLY LINE OF SAID PARCEL 1 TO
THE TRUE POINT OF BEGINNING;
THE ABOVE DESCRIBED PARCEL CONTAINS 0.02 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
:r�e7x•�
This legal description was prepared by me or under my direction.
14tU4•3016130 16
Lucas A. Corsbie, PLS 9073 Date
�FIN0.
P� A. Cpl
v* 9073
EXHIBIT B
EASEMENT DEPICTION
EXHIBIT "B"
EASEMENT AREA EXHIBIT
0
o POB KINGS ROAD
S86'27'00'E 60_00'
�� LAND gU9 i �
A. C I
m
V I
* .
0.90
I S86'26'29"E I
�' TF 8.00' S3'33'00"W
O
Op CA P //, 10.00'
6150 �1`
NS33'00"E
20.00'
•m
I
5'EASEMENT TO SO. 1
CALIF. EDISON PER
i
O.R. 1811/11
EXISTING SEWER EASEMENT
DOC NO. 85-169387 O.R.
TO BE VACATED
ST33'00"W
10.00'
�
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Am
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88'04'39"W---
60.27'
oa�ye
a�
EASEMENT
AREA
SANITARY
SEWER
CENTERLINE
PROPERTY
BOUNDARIES
EXISTING
EASEMENTS
30 15 0
GRAPHIC SCALE
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed
by the Grant of Easement for Sanitary Sewer Line Purposes, as more particularly described in
Exhibit A to the Grant of Easement dated 0 , . 0 _, 2016 from BRUCE RAY D'ELISCU
AND ALLYSON JEAN AYRES-D'ELISCU AS TRUSTEES OF THE D'ELISCU FAMILY TRUST
ESTABLISHED AUGUST 28, 1997, as Grantor and the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city, as Grantee, is hereby accepted on
pct. /2 , 2016, by the undersigned officer on behalf of the CITY OF NEWPORT BEACH
pursuant to authority conferred by Resolution No. 1992-82 of the City Council adopted on July
27, 1992. The City consents to the recordation of said document in the Office of the County
Recorder of the County of Orange, State of California.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:--i'-//z /('
By: Z /
Aaron C. Harp cnM U�-IoIHv
City Attorney
ATTEST: I/-
Date: . i �/
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 10117.1 it,
By:
Dave Klff
City Manager
RECCOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS DEPARTMENT
Date: 0 - Z6- t
By / L14),
David A. eb
Public Works Director
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On O(.'CO13E9-- 12- , 2016 before mejeNNlWA03ra (iIJW Notary Public,
personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JENNIFER ANN MULVEY
Commission k 2045022
Z . �� - Notary Public • California
Orange County
(Seal) Comm. Ex Ifres Oct 12, 2017+
7-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
March 8, 2016
Agenda Item No. 7
ABSTRACT:
The owners of 1011 Kings Road (Owners) are planning to redevelop the subject
property with a new single-family dwelling unit. The property is encumbered by an
existing City sewer main and easement bisecting the property that limits their proposed
development of their property. The Owners are propo sing to realign the City sewer main
and sewer easement in order to accommodate their proposed redevelopment project.
RECOMMENDATIONS:
a) Find the easement realignment and replacement sewer construction exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15302
(Replacement or Reconstruction) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3;
b) Direct owner to realign the existing City sewer main as proposed to accommodate
their proposed redevelopment of the property and to provide a new applicable sewer
easement. Direct staff to process and record the new sewer easement. Authorize
the City Manager and City Clerk to execute the acceptance of the new easement;
c) Waive City Council Policy L-6, Private Encroachments in the Public Rights-of-Way,
to allow the installation of stairs, handrails, pre-cast concrete stepping pads, low
retaining wall, curbs, balcony with handrails and shade structure on or over a
proposed new sewer easement, contingent upon all conditions of the Encroachment
Permit process being met;
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Request to Install Private Improvements within a Proposed New
Sewer Easement at 1011 Kings Road
Request to Install Private Improvements within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 2
7-2
d) Direct staff to enter into an Encroachment Agreement with Owners, and authorize
the City Manager and City Clerk to execute the Encroachment Agreement within one
calendar year upon receipt of approval; and
e) Direct owner to provide a new 15-foot-wide sewer easement located along the
southerly property line for future sewer purposes. Direct staff to process the new
sewer easement, and authorize the City Manager and City Clerk to execute the
acceptance of easement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Owners of 1011 Kings Road are planning to redevelop the sub ject property with a
new single-family dwelling unit. The property is encumbered by an existing city sewer
main and easement mid-slope and bisecting the property. The Owners are proposing to
realign the sewer main and sewer easement in order to accommodate th eir proposed
redevelopment project. The Owners have worked with Public Works and Municipal
Operations Department staff to ensure that the proposed sewer design will
accommodate future maintenance and reconstruction. The Owners have agreed to
provide the City with an additional 15-foot-wide easement along the southerly property
line for future sewer purposes. The long term goal of the City is to relocate the mid-
slope sewer line that bisects the properties along the south side of Kings Road to the
southerly property lines.
The Owners have also filed a variance application reque sting relief from the 24-foot
height limit primarily due to constraints on the building footprint created by the easement
and sewer main. Portions of the owners’ new home would exceed the 24-foot height limit
for flat roof structures by approximately 8 feet. The variance application will be considered
by the Planning Commission at a noticed public hearing on March 17, 2016 should this city
sewer relocation be approved.
The Owners propose to install pre-cast concrete stair pads, wood and steel handrails
with fence post style footings, a 4.83-foot-tall retaining wall, a 2-foot-tall curb, balcony
with handrails, and shade structure within and above the new sewer easement. The
footings for the home and balcony are located outside the proposed sewer easement
and shall be designed to accommodate future reconstruction of the sewer main and
manholes. The balcony and shade structure will project over the new sewer main
alignment with the exception of two small areas over the manholes. The balcony shall
provide a minimum clearance of 10 feet above finish grade. The shade structure is
proposed to have a minimum clearance height of 23.5 feet above finish grade w ithin the
Request to Install Private Improvements within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 3
7-3
sewer easement area. The final clearance height of the shade structure will be based
upon Planning Commission’s decision on the variance request, but shall not provide
less than 10 feet of clearance above grade. Per City Council Policy L -6, all structural
encroachments including stairs, handrails, walls, curbs, balconies and shade structures
are prohibited within the easement.
In addition to the above-mentioned encroachments, Owners are requesting to install at
grade pre-cast concrete stepping pads in various loc ations, which is consistent with City
Council Policy L-6 with execution of an encroachment agreement.
Staff recommends approval of this request, as the proposed improvements do not
diminish the present or future rights of the public. This recommendation is made under
the condition that Owners agree to enter into an Encroachment Agreement and provide
two new sewer easements. Upon completion of the sewer realignment, staff will return
to City Council for the vacation of the existing sewer easement.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the easement realignment and replacement
sewer construction (project) exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The project would be
located in the same location on the property and will have the same capacity and
function as the easement and sewer line replaced. The easement and sewer
realignment has no potential to have a significant environmental effect.
The realigned easement and sewer line is directly related to the applicant’s plan to
demolish the existing single-family home and construct a new, replacement home. The
demolition and construction would be exempt from CEQA pursuant to Section 15302
(Replacement or Reconstruction) and Section 15303 (New Construction or conversion
of small structures). The future construction replaces a structure with a similar structure
with the same use substantially the same capacity on the same property. In urbanized
areas, Section 15303(a) and (d) allow up to three single -family homes, including
necessary utility systems of reasonable length to be constructed on a single parcel.
Staff finds that there are no special circumstances related to the property that would
suggest the demolition and construction of a new home, including the realigned
easement and sewer line, would have a significant environmental effect.
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).
Request to Install Private Improvements within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 4
7-4
ATTACHMENTS:
Attachment A – Location Map
Attachment B – Project Plans – Architectural
Attachment C – Project Plans – Preliminary Grading
Attachment D – Existing Easement to be Vacated
Attachment E – New Sewer Easements
Attachment F – New Sewer Alignment Plans
Attachment G – City Council Policy L-6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
7-5
KINGS ROAD
1011 KINGS ROAD
SINGLE FAMILY RESIDENCE
COL(2)
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(82
.
0
0
F
G )
(89.65 TW)(88.35 FS TOP)(82.73 FS BOT)
(88.95 BOT STAIR)
(90.57 TOP STAIR)
(90.99 TW)(90.71 FS)(90.37 FG)
(89
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5
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(88
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4
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(87
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BLOCK WALL W/ WOOD FENCE
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PALM TREES (TYP)
SWALE
SCE VAULT(2)
18"TR
12"TR
12"TR
8"TR
12"TR
8"TR
8"TR
8"TR
8"TR(2)
12"TR
12"TR
12"TR
12"TR(2)
18"TR
6"TR6"TR
COL
COL
(90.68 FS)(89.84 FS)(92.37 FS)(92.06 FG)(92.10 FS)(92.73 TW)(92.95 TC)(92.65 FG)(92.56 TC)(92.59 FS-GB)(92.92 FS-GB)(92.30 FS-GB)(93.35 TC)(93.32 FG)
(89.86 TOP STAIR)
(90.67 FF)
(88.97 TOP STAIR)
(87.55 TOP STAIR)
(86.80 TOP STAIR)
(86.05 TOP STAIR)
(82.54 BOT STAIR)
(82.32 TOP STAIR)
(77.94 BOT STAIR)
(89.05 BOT STAIR)
(88.78 4"SD INV)
(86.77 FL)
(88.99 TOP STAIR)
(85.94 FL)
(84.33 FL)
(81.42 FL)
(80.32 BOT STAIR)
(79.85 FL)
(78.04 FL)
(77.51 FL)
(76.92 FL)
(76.22 FL)
(74.63 FL)
(75.03 TOP STAIR)
(70.01 TG)
6" AD
(69.83 BOT STAIR)
(72.49 TOP STAIR)
(71.15 TW)
(77.89 FS)
(77.79 FS)(77.80 FS)
(78.22 TW)(77.87 FS N)(77.79 FS S)
(79.14 TW)
(78.41 FG N)
(78.26 FG S)
(8 2 .2 1 F S )
(79.35 TOP STAIR)(78.07 BOT STAIR)(79.31 EC)(79.09 FG)
(79.65 FF)
(77.93 EC)(77.84 FG)
(77.75 FS)
(77.34 TW)(76.96 FG N)(76.89 FG S)
(76.60 TG)
4" AD
(79.75 TW)
(79.06 FG N)
(78.72 FG S)
(79.33 FS)
(78.78 FG)
(79.30 TG)
4" AD
(88.81 FF)
EM
(78.80 FS)
(90.53 FS)
(88.75 FG)
(88.69 FS)(88.47 FG)
(89.68 TW)(88.67 FS)
(88.52 FS)
(88.38 FS)
(88.31 FS)
(22.64 TW)
(20.98 FL)
(21.19 FG)
(22.65 TW)
(20.77 FL)
(21.57 TW)
(20.95 FL)
(21.43 FG)5' EASEMENT TO SOUTHERN CALIFORNIA EDISON
PER O.R. 1599/200 & 1811/11
AND TO THE PACIFIC TELEPHONE AND TELEGRAPH COMPA NY
PER O.R. 1600/313
10' SANITARY SEWER
EASEMENT TO CITY OF
NEWPORT BEACH PER O.R.
85-169387
L.S. 4653FOUND LT&T FLUSH W/CURBL.S. 4653 FOUND LT&T FLUSH W/CURBL.S. 4653FOUND LT&T FLUSH W/CURBL.S. 4653
PORTION OF SANITARY
SEWER EASEMENT PER
3237/480 SHOWN TO BE
VACATED PER R2
COL
~PA~
~PA~
~PA~
~PA~
~PA~
COL
OVERHEAD EAVE
OH EAVE
RD
(76.15 TOP CO)
(70.65 INV)
(97.78) TOP ROOF
(99.15) TOP ROOF
(102.22) TOP ROOF
(98.73) TOP ROOF
(100.82) TOP ROOF
(98.63) TOP ROOF
GUTTER
(80.17) DECK
(89.97) DECK
(103.28) TOP
ROOF
(108.88) TOP ROOF
(103.40) TOP
ROOF-GB
(103.40) TOP
ROOF-GB
(68.21)
TOP 8" SS
25'
30'
35'
40'
45'
50'
55'
60'
65'
24'
26'
27'
28'
29'
31'
32'
33'
34'
36'
37'
38'
39'
41'
42'
43'
44'
46'
47'
48'
49'
51'
52'
53'
54'
56'
57'
58'
59'
61'
62'
63'
64'
66'
67'
68'
69'
70'
75'
71'
72'
73'
74'
76'
77'
78'
79'
90'
91'
92'93'93'
23'
22'
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3 2 11These drawings and specifications, and the designs and ideas contained herein are the property of the Architect and shall not be used for any other work except by written agreement with the Architect. Architect reserves all rights including the copyright. Written dimensions shall take preference over scaled dimensions and shall be verified in the field. Any discrepancy or error shall be brought to the attention of the Architect prior to the commencement of any work.2 43384 Forest Avenue, Suite 12 Laguna Beach, CA 92651 949 280 7097 Anders 949 497 1827 Office anders@anderslasaterarchitects.com Anders Lasater Architects, Inc .Revisions C-30374 S T A T E O FCALIFORNIA R EN.0 1 /31/2017 LICENSEDARCHITECTE.ANDERSLASATER Issued452/17/20169:19:39AMD'EliscuResidence013-2015 New Single Family Residence 1011 Kings Rd.Newport Beach, CA 92663 A1.1 Existing Site Plan09-10-2015PWSubmit1 11-03-2015VarianceandPWSubmit2 12-07-2015VarianceSubmit2
1
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8
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=
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magnetic northproject north 7-6
KINGS ROAD
COL(2)
SSCO (2)
PP
PP
COL(2)
GMICVWM(2)
H B
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CATV
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PA
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W
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APPROX LIMIT
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APPROX LIMIT
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4
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W )
(82
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0
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(88.95 BOT STAIR)
(90.57 TOP STAIR)
(90.99 TW)(90.71 FS)(90.37 FG)
(89
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8
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(88
.
4
4
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(87
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8
9
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BLOCK WALL W/ WOOD FENCE
BLOCK WALL
PALM TREES (TYP)
SWALE
SCE VAULT(2)
18"TR
12"TR
12"TR
8"TR
12"TR
8"TR
8"TR
8"TR
8"TR(2)
12"TR
12"TR
12"TR
12"TR(2)
18"TR
6"TR6"TR
COL
COL
(90.68 FS)(89.84 FS)(92.37 FS)(92.06 FG)(92.10 FS)(92.73 TW)(92.95 TC)(92.65 FG)(92.56 TC)(92.59 FS-GB)(92.92 FS-GB)(92.30 FS-GB)(93.35 TC)(93.32 FG)
(89.86 TOP STAIR)
(90.67 FF)
(88.97 TOP STAIR)
(87.55 TOP STAIR)
(86.80 TOP STAIR)
(86.05 TOP STAIR)
(82.54 BOT STAIR)
(82.32 TOP STAIR)
(77.94 BOT STAIR)
(89.05 BOT STAIR)
(88.78 4"SD INV)
(86.77 FL)
(88.99 TOP STAIR)
(85.94 FL)
(84.33 FL)
(81.42 FL)
(80.32 BOT STAIR)
(79.85 FL)
(78.04 FL)
(77.51 FL)
(76.92 FL)
(76.22 FL)
(74.63 FL)
(75.03 TOP STAIR)
(70.01 TG)
6" AD
(69.83 BOT STAIR)
(72.49 TOP STAIR)
(71.15 TW)
(77.89 FS)
(77.79 FS)(77.80 FS)
(79.14 TW)
(78.41 FG N)
(78.26 FG S)
(8 2 .2 1 F S )
(79.35 TOP STAIR)(78.07 BOT STAIR)(79.31 EC)(79.09 FG)
(79.65 FF)
(77.93 EC)(77.84 FG)
(77.75 FS)
(77.34 TW)(76.96 FG N)(76.89 FG S)
(76.60 TG)
4" AD
(79.75 TW)
(79.06 FG N)
(78.72 FG S)
(79.33 FS)
(78.78 FG)
(79.30 TG)
4" AD
(88.81 FF)
(90.53 FS)
(88.75 FG)
(88.69 FS)(88.47 FG)
(89.68 TW)(88.67 FS)
(88.52 FS)
(88.38 FS)
(88.31 FS)
(22.64 TW)
(20.98 FL)
(21.19 FG)
(22.65 TW)
(20.77 FL)
(21.57 TW)
(20.95 FL)
(21.43 FG)5' EASEMENT TO SOUTHERN CALIFORNIA EDISON
PER O.R. 1599/200 & 1811/11
AND TO THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
PER O.R. 1600/313
10' SANITARY SEWER
EASEMENT TO CITY OF
NEWPORT BEACH PER O.R.
85-169387
FOUND S&W FLUSH PER R2L.S. 4653FOUND LT&T FLUSH W/CURBL.S. 4653 FOUND LT&T FLUSH W/CURBL.S. 4653FOUND LT&T FLUSH W/CURBL.S. 4653
COL
~PA~
~PA~OVERHEAD EAVE
OH EAVE
(76.15 TOP CO)
(70.65 INV)
(97.78) TOP ROOF
(99.15) TOP ROOF
(102.22) TOP ROOF
(98.73) TOP ROOF
(100.82) TOP ROOF
(98.63) TOP ROOF
GUTTER
(80.17) DECK
(89.97) DECK
(103.28) TOP
ROOF
(108.88) TOP ROOF
(103.40) TOP
ROOF-GB
(103.40) TOP
ROOF-GB
(68.21)
TOP 8" SS
25'
30'
35'
40'
45'
50'
55'
60'
65'
24'
26'
27'
28'
29'
31'
32'
33'
34'
36'
37'
38'
39'
41'
42'
43'
44'
46'
47'
48'
49'
51'
52'
53'
54'
56'
57'
58'
59'
61'
62'
63'
64'
66'
67'
68'
69'
70'
75'
71'
72'
73'
74'
76'
77'
78'
79'
90'
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3 2 11These drawings and specifications, and the designs and ideas contained herein are the property of the Architect and shall not be used for any other work except by written agreement with the Architect. Architect reserves all rights including the copyright. Written dimensions shall take preference over scaled dimensions and shall be verified in the field. Any discrepancy or error shall be brought to the attention of the Architect prior to the commencement of any work.2 43384 Forest Avenue, Suite 12 Laguna Beach, CA 92651 949 280 7097 Anders 949 497 1827 Office anders@anderslasaterarchitects.com Anders Lasater Architects, Inc .Revisions C-30374 S T A T E O FCALIFORNIA R EN.0 1 /31/2017 LICENSEDARCHITECTE.ANDERSLASATER Issued452/17/20169:19:56AMD'EliscuResidence013-2015 New Single Family Residence 1011 Kings Rd.Newport Beach, CA 92663 A1.2 New Site Plan09-10-2015PWSubmit1 11-03-2015VarianceandPWSubmit2 12-07-2015VarianceSubmit2
1
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3 2 11These drawings and specifications, and the designs and ideas contained herein are the property of the Architect and shall not be used for any other work except by written agreement with the Architect. Architect reserves all rights including the copyright. Written dimensions shall take preference over scaled dimensions and shall be verified in the field. Any discrepancy or error shall be brought to the attention of the Architect prior to the commencement of any work.2 43384 Forest Avenue, Suite 12 Laguna Beach, CA 92651 949 280 7097 Anders 949 497 1827 Office anders@anderslasaterarchitects.com Anders Lasater Architects, Inc .Revisions C-30374 S T A T E O FCALIFORNIA R EN.0 1 /31/2017 LICENSEDARCHITECTE.ANDERSLASATER Issued452/17/20169:20:15AMD'EliscuResidence013-2015 New Single Family Residence 1011 Kings Rd.Newport Beach, CA 92663 A2.1 Roof Plan09-10-2015PWSubmit1 11-03-2015VarianceandPWSubmit2 12-07-2015VarianceSubmit2 1/4" = 1'-0"1
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Owner's Max Building Height102.78'Lower Level Finish Floor79.00'Upper Level Finish Floor90.00'
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3 2 11These drawings and specifications, and the designs and ideas contained herein are the property of the Architect and shall not be used for any other work except by written agreement with the Architect. Architect reserves all rights including the copyright. Written dimensions shall take preference over scaled dimensions and shall be verified in the field. Any discrepancy or error shall be brought to the attention of the Architect prior to the commencement of any work.2 43384 Forest Avenue, Suite 12 Laguna Beach, CA 92651 949 280 7097 Anders 949 497 1827 Office anders@anderslasaterarchitects.com Anders Lasater Architects, Inc .Revisions C-30374 S T A T E O FCALIFORNIA R EN.0 1 /31/2017 LICENSEDARCHITECTE.ANDERSLASATER Issued452/17/20169:21:43AMD'EliscuResidence013-2015 New Single Family Residence 1011 Kings Rd.Newport Beach, CA 92663 A3.2 East Elevation09-10-2015PWSubmit1 11-03-2015VarianceandPWSubmit2 12-07-2015VarianceSubmit2 1/4" = 1'-0"1 East Elevation 7-9
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3 2 11These drawings and specifications, and the designs and ideas contained herein are the property of the Architect and shall not be used for any other work except by written agreement with the Architect. Architect reserves all rights including the copyright. Written dimensions shall take preference over scaled dimensions and shall be verified in the field. Any discrepancy or error shall be brought to the attention of the Architect prior to the commencement of any work.2 43384 Forest Avenue, Suite 12 Laguna Beach, CA 92651 949 280 7097 Anders 949 497 1827 Office anders@anderslasaterarchitects.com Anders Lasater Architects, Inc .Revisions C-30374 S T A T E O FCALIFORNIA R EN.0 1 /31/2017 LICENSEDARCHITECTE.ANDERSLASATER Issued452/17/20169:25:46AMD'EliscuResidence013-2015 New Single Family Residence 1011 Kings Rd.Newport Beach, CA 92663 E1.2 Easement Encroachment Diagram09-10-2015PWSubmit1 11-03-2015VarianceandPWSubmit2 12-07-2015VarianceSubmit2
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7-13
7-14
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7-20
7-21
7-22
L-6
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY
It is the general policy of the City that the public rights-of-way are to be reserved for
public use or open space; and that the rights of the public, present and future, are not to
be diminished by the installation of private improvements within the public rights-of-
way.
Categories of private encroachments and improvements are listed below, together with
the permit requirement for each category.
A. Private encroachments prohibited.
1. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of 1
foot into the public right-of-way, or exceed 3 feet in height, measured
from the top of curb elevation/or from sidewalk elevation where sidewalk
exists.
2. Driveway approaches not conforming to Council Policy L-2.
3. Ocean front street end, or Bay front street end improvements not
conforming to Council Policy L-8.
4. Ocean front alley end improvements not conforming to Council Policy
L-8.
5. Modifications to original design concepts approved by the City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
8. Parkway surfacing of loose rock, gravel, or any surfacing other than
standard or colored/textured concrete or flat stone/brick/pavers
installed at grade.
9. Private dwellings and appendages including raised patios and decks,
except as provided for in this section and the Building Code.
10. Pay telephones and private mail carriers drop boxes.
1
ATTACHMENT G
7-23
L-6
B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and Municipal
Operations Department approval.
1. Tree planting and removal.
2. Shrub planting and removal.
3. Median landscaping.
If, in the opinion of the Municipal Operations Department, the approved planting is not
being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance
Abatement," of the Municipal Code shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any
City tree removed by this process. This value will be determined by the City Arborist
using the International Society of Arboriculture's "Guide for Plant Appraisal."
C. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy L-2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacing (standard or colored/textured concrete or flat
stone/brick) installed at grade (subject to Municipal Operations
Department review for tree well location).
5. CATV and public utility facilities.
6. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less
into the public right-of-way. If, however, in the opinion of the Public
Works Department, the nature or location of this type of encroachment is
such that Council review is warranted, the Department may forward the
item to the Council for action.
2
ATTACHMENT G
7-24
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.
There shall be at least 4 feet of clear sidewalk width and/or pedestals shall
be placed in the parkway outside of walk area.
9. When connecting to or relocating public utilities.
10. Artificial Turf up to 100% of the required parkway landscape area.
Artificial turf grass shall be installed in accordance to manufactures
recommendations. Material must be securely anchored and maintained so
as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or
any other type of material performance. Material shall be replaced prior to
the aforementioned conditions occur. Prohibited application: Indoor and
outdoor carpet, green in color or otherwise. The Director of Public Works
shall from time to time update the standards for this application. See
Artificial Turf - Material and Installation Standards.
D. Private encroachments requiring an Encroachment Permit from the Public Works
Department and subject to the execution of an agreement for non-standard
improvements.
1. Structural encroachments not otherwise listed which do not exceed 3 feet
in height measured from the top of curb elevation/or from sidewalk
elevation where sidewalk exists, including, but not limited to fences,
walls, and raised planters in public rights-of-way in areas that are more
than 8 feet behind the face of curbs on the following streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
2. Permitted Structural Encroachments on Balboa Island along South Bay
Front, North Bay Front, Grand Canal, and East Bayfront are as follows:
a. Planters that do not exceed 1 foot in height located within 2'-6" of
the back of existing sidewalk, planted with ground cover and
3
ATTACHMENT G
7-25
L-6
shrubs not to exceed 2 feet in height measured from sidewalk
elevation;
b. Fences with a minimum setback of 2'-6" from back of sidewalk.
i. For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high above
sidewalk grade.
ii. For patios constructed greater than 1' above sidewalk grade
elevation, Fences must be set back a minimum of 3' from
back of sidewalk, not exceed 2'-6" in height above the patio,
have at least 40% visibility through them, and not to exceed
4' in height above existing public sidewalk grade.
c. Patios with a minimum setback of 2'-6" from the back of sidewalk.
i. Raised Patios are permitted provided they have a maximum
height of 2'-6" above sidewalk grade, are set back a
minimum of 2'-6" from back of sidewalk, and provided all
bulkhead deadman and tiebacks supporting the Bay front
bulkhead are replaced "If required by the Public Works
Department" in conformance with the requirements of the
Public Works Department; Stairs located a minimum of 2'-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.
4. Non-standard encroachments, including, but not limited to fences, walls,
and raised planters within City easements.
If, in the opinion of the Public Works Department, the nature or location of this type of
encroachment is such that Council review is warranted, the Department may forward
the application to the City Council for original action.
4
ATTACHMENT G
7-26
L-6
The City Manager is authorized to execute, on behalf of the City, agreements for non-
standard improvements which are entered into pursuant to this section or other
authorization.
E. Private encroachments not requiring a permit:
1. Parkway lawn and ground cover.
2. Parkway sprinkling systems.
3. Use of public streets and projections over public property which are
covered by the California Building Code or California Residential Code
under a valid building permit issued by the City.
F. Application for any permit as required by this policy shall be filed with the
Public Works Department on a form to be provided by the City and shall show
the proposed planting or work and the nature thereof. If the application is for a
permit required under Section A, it shall be forwarded to the City Clerk for
submission to the City Council. If the application is for a permit under Section B,
it shall be processed by the Municipal Operations Department. Drawings for
encroachment permits requiring City Council review shall be prepared to scale.
Plan and elevation drawings shall accurately depict location, height, and extent
of the proposed encroachments. No building permit shall be issued on a parcel
whose access requires City Council review for an encroachment permit on public
property, until said encroachment permit has been issued.
G. Variances from the strict application of this policy shall not be granted unless
individual circumstances indicate that approval will be consistent with the public
interest.
Adopted – August 25, 1969 Amended - August 14, 1989
Amended - February 14, 1972 Amended - November 27, 1989
Amended - August 11, 1975 Amended - December 9, 1991
Amended - February 9, 1981 Amended - December 14, 1992
Amended - November 23, 1981 Amended - July 12, 1993
Amended - October 27, 1986 Amended - January 24, 1994
Amended - January 26, 1987 Amended - May 9, 1994
Amended - July 13, 1987 Amended - February 27, 1995
Amended - February 13, 1989 Amended - February 26, 1996
5
ATTACHMENT G
7-27
L-6
Amended – May 8, 2001
Amended – January 27, 2015
6
ATTACHMENT G
7-28
MEMORANDUM
Date: March 8, 2016
To: Honorable Mayor & Members of City Council
From: David A. Webb, Public Works Director
Subject: Regular Meeting March 8, 2016, Agenda Item 7 — Public Works
Request to Install Private Improvements within a Department
Proposed New Sewer easement at 1011 Kings Road
Since the posting of the agenda, the Public Works Department has revised the staff report per
the request of the Owners of 1011 Kings Road. This clarifies that the additional easement is a
future easement and is a irrevocable offer to dedicate. A redline draft of the revised staff report
hereto as Attachment 1.
Staff recommends that you approve this item as amended, and have provided a final draft of the
staff report in Attachment 2.
Submitted by:
David A. Webb
Public Works Director
c:\users\jmulvey\appdata\local\microsoft\windows\temporary internet files\content.outlook\6wjcitc6\memo to council for 1011 kings
road.docx
ATTACHMENT A
SEW POR CITY O F
T
z NEWPORT BEACH
rq</FORN�P City Council Staff Report
March 8, 2016
Agenda Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Request to Install Private Improvements Within a Proposed New
Sewer Easement at 1011 Kings Road
ABSTRACT:
The owners of 1011 Kings Road (Owners) are planning to redevelop the subject
property with a new single-family dwelling unit. The property is encumbered by an
existing City sewer main and easement bisecting the property that limits their proposed
development of their property. The Owners are proposing to realign the City sewer main
and sewer easement in order to accommodate their proposed redevelopment project.
RECOMMENDATIONS:
a) Find the easement realignment and replacement sewer construction exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15302
(Replacement or Reconstruction) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3;
b) Direct owner to realign the existing City sewer main as proposed to
accommodate their proposed redevelopment of the property and to provide a
new applicable sewer easement. Direct staff to process and record the new
sewer easement. Authorize the City Manager and City Clerk to execute the
acceptance of the new easement;
c) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -
Way, to allow the installation of stairs, handrails, pre -cast concrete stepping
pads, low retaining wall, curbs, balcony with handrails and shade structure on or
over a proposed new sewer easement, contingent upon all conditions of the
Encroachment Permit process being met;
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 2
d) Direct staff to enter into an Encroachment Agreement with Owners and authorize
the City Manager and City Clerk to execute the Encroachment Agreement within
one calendar year upon receipt of approval.
e) Direct owner to provide an irrevocable offer of dedication to provide a new 15 -
foot -wide sewer easement located along the southerly property line for future
sewer purposes. Direct staff to process the irrevocable offer of dedication for a
new sewer easement and authorize the City Manager and City Clerk to execute
the acceptance of the irrevocable offereasement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Owners of 1011 Kings Road are planning to redevelop the subject property with a
new single-family dwelling unit. The property is encumbered by an existing city sewer
main and easement mid -slope and bisecting the property. The Owners are proposing to
realign the sewer main and sewer easement in order to accommodate their proposed
redevelopment project. The Owners have worked with Public Works and Municipal
Operations Department staff to ensure that the proposed sewer design will
accommodate future maintenance and reconstruction. The Owners have agreed to
provide the City with an additional 15 -foot -wide easement along the southerly property
line for future sewer purposes. The long term goal of the City is to relocate the mid -
slope sewer line that bisects the properties along the south side of Kings Road to the
southerly property lines.
The Owners have also filed a variance application requesting relief from the 24 -foot
height limit primarily due to constraints on the building footprint created by the easement
and sewer main. Portions of the owners' new home would exceed the 24 -foot height limit
for flat roof structures by approximately 8 feet. The variance application will be considered
by the Planning Commission at a noticed public hearing on March 17, 2016 should this city
sewer relocation be approved.
The Owners propose to install pre -cast concrete stair pads, wood and steel handrails
with fence post style footings, a 4.83 -foot -tall retaining wall, a 2 -foot -tall curb, balcony
with handrails, and shade structure within and above the new sewer easement. The
footings for the home and balcony are located outside the proposed sewer easement
and shall be designed to accommodate future reconstruction of the sewer main and
manholes. The balcony and shade structure will project over the new sewer main
alignment with the exception of two small areas over the manholes. The balcony shall
provide a minimum clearance of 10 feet above finish grade. The shade structure is
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 3
proposed to have a minimum clearance height of 23.5 feet above finish grade within the
sewer easement area. The final clearance height of the shade structure will be based
upon Planning Commission's decision on the variance request, but shall not provide
less than 10 feet of clearance above grade. Per City Council Policy L-6, all structural
encroachment including stairs, handrails, walls, curbs, balconies and shade structures
are prohibited within the easement.
In addition to the above-mentioned encroachments, Owners are requesting to install at
grade pre -cast concrete stepping pads in various locations, which is consistent with City
Council Policy L-6 with execution of an encroachment agreement.
Staff recommends approval of this request, as the proposed improvements do not
diminish the present or future rights of the public. This recommendation is made under
the condition that Owners agree to enter into an Encroachment Agreement,. -and provide
tea new sewer easements and an irrevocable offer of dedication to provide a 15 -foot
wide easement for future sewer purposes. Upon completion of the sewer realignment,
staff will return to City Council for the vacation of the existing sewer easement.
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the easement realignment and replacement
sewer construction (project) exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The project would be
located in the same location on the property and will have the same capacity and
function as the easement and sewer line replaced. The easement and sewer
realignment has no potential to have a significant environmental effect.
The realigned easement and sewer line is directly related to the applicant's plan to
demolish the existing single-family home and construct a new, replacement home. The
demolition and construction would be exempt from CEQA pursuant to Section 15302
(Replacement or Reconstruction) and Section 15303 (New Construction or conversion
of small structures). The future construction replaces a structure with a similar structure
with the same use substantially the same capacity on the same property. In urbanized
areas, Section 15303(a) and (d) allow up to three single-family homes, including
necessary utility systems of reasonable length to be constructed on a single parcel.
Staff finds that there are no special circumstances related to the property that would
suggest the demolition and construction of a new home, including the realigned
easement and sewer line, would have a significant environmental effect.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —
Location Map
Attachment B —
Project Plans — Architectural
Attachment C —
Project Plans — Preliminary Grading
Attachment D —
Existing Easement to be Vacated
Attachment E —
New Sewer Easements
Attachment F —
New Sewer Alignment Plans
Attachment G
— City Council Policy L-6
ATTACHMENT B
SEW POR CITY O F
T
z NEWPORT BEACH
rq</FORN�P City Council Staff Report
March 8, 2016
Agenda Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Request to Install Private Improvements Within a Proposed New
Sewer Easement at 1011 Kings Road
ABSTRACT:
The owners of 1011 Kings Road (Owners) are planning to redevelop the subject
property with a new single-family dwelling unit. The property is encumbered by an
existing City sewer main and easement bisecting the property that limits their proposed
development of their property. The Owners are proposing to realign the City sewer main
and sewer easement in order to accommodate their proposed redevelopment project.
RECOMMENDATIONS:
a) Find the easement realignment and replacement sewer construction exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15302
(Replacement or Reconstruction) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3;
b) Direct owner to realign the existing City sewer main as proposed to
accommodate their proposed redevelopment of the property and to provide a
new applicable sewer easement. Direct staff to process and record the new
sewer easement. Authorize the City Manager and City Clerk to execute the
acceptance of the new easement;
c) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -
Way, to allow the installation of stairs, handrails, pre -cast concrete stepping
pads, low retaining wall, curbs, balcony with handrails and shade structure on or
over a proposed new sewer easement, contingent upon all conditions of the
Encroachment Permit process being met;
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 2
d) Direct staff to enter into an Encroachment Agreement with Owners and authorize
the City Manager and City Clerk to execute the Encroachment Agreement within
one calendar year upon receipt of approval.
e) Direct owner to provide an irrevocable offer of dedication to provide a 15 -foot -
wide sewer easement located along the southerly property line for future sewer
purposes. Direct staff to process the irrevocable offer of dedication for a sewer
easement and authorize the City Manager and City Clerk to execute the
acceptance of the irrevocable offer.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Owners of 1011 Kings Road are planning to redevelop the subject property with a
new single-family dwelling unit. The property is encumbered by an existing city sewer
main and easement mid -slope and bisecting the property. The Owners are proposing to
realign the sewer main and sewer easement in order to accommodate their proposed
redevelopment project. The Owners have worked with Public Works and Municipal
Operations Department staff to ensure that the proposed sewer design will
accommodate future maintenance and reconstruction. The Owners have agreed to
provide the City with an additional 15 -foot -wide easement along the southerly property
line for future sewer purposes. The long term goal of the City is to relocate the mid -
slope sewer line that bisects the properties along the south side of Kings Road to the
southerly property lines.
The Owners have also filed a variance application requesting relief from the 24 -foot
height limit primarily due to constraints on the building footprint created by the easement
and sewer main. Portions of the owners' new home would exceed the 24 -foot height limit
for flat roof structures by approximately 8 feet. The variance application will be considered
by the Planning Commission at a noticed public hearing on March 17, 2016 should this city
sewer relocation be approved.
The Owners propose to install pre -cast concrete stair pads, wood and steel handrails
with fence post style footings, a 4.83 -foot -tall retaining wall, a 2 -foot -tall curb, balcony
with handrails, and shade structure within and above the new sewer easement. The
footings for the home and balcony are located outside the proposed sewer easement
and shall be designed to accommodate future reconstruction of the sewer main and
manholes. The balcony and shade structure will project over the new sewer main
alignment with the exception of two small areas over the manholes. The balcony shall
provide a minimum clearance of 10 feet above finish grade. The shade structure is
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 3
proposed to have a minimum clearance height of 23.5 feet above finish grade within the
sewer easement area. The final clearance height of the shade structure will be based
upon Planning Commission's decision on the variance request, but shall not provide
less than 10 feet of clearance above grade. Per City Council Policy L-6, all structural
encroachment including stairs, handrails, walls, curbs, balconies and shade structures
are prohibited within the easement.
In addition to the above-mentioned encroachments, Owners are requesting to install at
grade pre -cast concrete stepping pads in various locations, which is consistent with City
Council Policy L-6 with execution of an encroachment agreement.
Staff recommends approval of this request, as the proposed improvements do not
diminish the present or future rights of the public. This recommendation is made under
the condition that Owners agree to enter into an Encroachment Agreement, provide a
new sewer easement and an irrevocable offer of dedication to provide a 15 -foot wide
easement for future sewer purposes. Upon completion of the sewer realignment, staff
will return to City Council for the vacation of the existing sewer easement.
Request to Install Private Improvements Within a Proposed New Sewer Easement at
1011 Kings Road
March 8, 2016
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the easement realignment and replacement
sewer construction (project) exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The project would be
located in the same location on the property and will have the same capacity and
function as the easement and sewer line replaced. The easement and sewer
realignment has no potential to have a significant environmental effect.
The realigned easement and sewer line is directly related to the applicant's plan to
demolish the existing single-family home and construct a new, replacement home. The
demolition and construction would be exempt from CEQA pursuant to Section 15302
(Replacement or Reconstruction) and Section 15303 (New Construction or conversion
of small structures). The future construction replaces a structure with a similar structure
with the same use substantially the same capacity on the same property. In urbanized
areas, Section 15303(a) and (d) allow up to three single-family homes, including
necessary utility systems of reasonable length to be constructed on a single parcel.
Staff finds that there are no special circumstances related to the property that would
suggest the demolition and construction of a new home, including the realigned
easement and sewer line, would have a significant environmental effect.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —
Location Map
Attachment B —
Project Plans — Architectural
Attachment C —
Project Plans — Preliminary Grading
Attachment D —
Existing Easement to be Vacated
Attachment E —
New Sewer Easements
Attachment F —
New Sewer Alignment Plans
Attachment G
— City Council Policy L-6