HomeMy WebLinkAboutC-8481-1 - Encroachment Agreement EPN N2016-594 for 1021 Kings RoadDocument -3510609 -Page -1
RECORDING REQUESTEp BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Page I of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II11I1III11]1111111111I11IIIII11I11 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 36.00
.$ 8 0 0 0 9 3 7 5 7 3 6$
2017000266059 4:16 pm 06127/17
7 405 Al2 F13 10
0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00
Space above this line for Recorders use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2016-0594)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
2nd day of June, 2017, by and between Jason Freeman as Trustee of The Jason Freeman
Living Trust, dated November 13, 2007 ("Owner"), and the City of Newport Beach, a
California municipal corporation and charter city, organized and existing under and by virtue
of its Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 1021 Kings Road,
Newport Beach, California, 92663, Orange County Assessor's Parcel Number 049-212-18
and as legally described on Exhibit A, attached hereto and incorporated herein by reference
("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Kings Road right-of-way (hereinafter
"Right -of -Way") that is located adjacent to Property;
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 enter into this Agreement providing for
fulfillment of the conditions required by City to permit Owner to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
2. It is mutually agreed that Permitted Improvements shall be defined as:
Jason Freeman Encroachment Agreement 1
about:blank 06/27/2017
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2016-0594)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
2nd day of June, 2017, by and between Jason Freeman as Trustee of The Jason Freeman
Living Trust, dated November 13, 2007 ("Owner"), and the City of Newport Beach, a
California municipal corporation and charter city, organized and existing under and by virtue
of its Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 1021 Kings Road,
Newport Beach, California, 92663, Orange County Assessor's Parcel Number 049-212-18
and as legally described on Exhibit A, attached hereto and incorporated herein by reference
("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Kings Road right-of-way (hereinafter
"Right -of -Way") that is located adjacent to Property;
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 enter into this Agreement providing for
fulfillment of the conditions required by City to permit Owner to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
It is mutually agreed that Permitted Improvements shall be defined as:
Jason Freeman Encroachment Agreement 1
a. Three (3) planter walls, of varying heights up to 2.77 feet constructed of
concrete with white stone tile finish with black stone cap encroaching up to 7.43
feet into the Kings Road right-of-way;
b. A decorative mailbox pilaster measuring 21 inches wide by 25.75 inches deep
and 53 inches tall, constructed of tan stucco encroaching up to 10.36 feet into
the Kings Road right-of-way;
C. Decorative driveway constructed of gray colored concrete with grouted river
rock bandings encroaching up to 10.36 feet into the Kings Road right-of-way;
Grouted river rock bandings encroaching up to 10.36 feet into the Kings Road
right-of-way;
e. Two (2) steps constructed of gray colored concrete encroaching up to 4 feet
into the Kings Road right-of-way; and
f. 21 feet wide decorative walkway constructed of gray colored concrete
encroaching up to 10.36 feet into the Kings Road right-of-way; as approved by
the Public Works Department and as shown on Exhibit B, attached hereto and
incorporated herein by reference.
g. In addition, if any improvements actually built or installed during the time of
construction vary from Permitted Improvements approved herein, such
variations or changes must be approved in advance by the Public Works
Department and shall be shown on the "As Built" plans.
3. 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, if in substantial conformance with the plans and
specifications on file in City. City will further allow Owner to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
4. Rights granted under this Agreement may be terminated by City with or without cause
and at any time without notice. City shall make good faith efforts to provide sixty (60)
calendar days' notice in advance of termination, 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.
5. Owner and City further agree as follows:
a. Owner may construct and install Permitted Improvements and appurtenances
incidental thereto in substantial conformance with the plans and specifications
on file in City's Public Works Department, and as described on Exhibit B.
b. Owner shall maintain Permitted Improvements in accordance with generally
prevailing standards of maintenance and pay all costs and expenses incurred
in doing so. However, nothing herein shall be construed to require Owner to
Jason Freeman Encroachment Agreement 2
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 and restoration of these public facilities or improvements to their
condition at the time of entry into this Agreement.
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
Permitted Improvements, as required, and in such event:
(i) City shall notify Owner in advance of its intention to accomplish such
work, provided that an emergency situation does not exist.
(ii) Owner shall be responsible for arranging for any renewal, replacement,
or restoration of Permitted Improvements affected by such work by City.
(iii) City agrees to bear only the cost of any removal of Permitted
Improvements affected by such work by City.
(iv) Owner agrees to pay all costs for the renewal, replacement, or
restoration of Permitted Improvements.
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
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) calendar days'
notice, with the notice specifying the date of termination.
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
8. 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 Permitted Improvements.
9. Owner agrees 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 Owner's interest in the land, whether fee or otherwise; and shall be
recorded in the Office of the County Recorder of Orange County, California.
Jason Freeman Encroachment Agreement 3
10. The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court
of competent jurisdiction in the County of Orange, California.
11. The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of
the authorship of the Agreement or any other rule of construction which might
otherwise apply.
12. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions herein.
13. A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
[SIGNATURES ON NEXT PAGE]
Jason Freeman Encroachment Agreement 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: SZolM7
By:
Aaron C. Harp o5�2
City Attorney MA
ATTEST:
Date: li 1.17
By:&AJf-A�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: (oj-7_[tj
By:
Dave iff
City Manager
OWNER(S): Jason Freeman, Trustee of
the Jason Freeman Living Trust Dated
November 13, 2007
Date:T k -A-
By.Jas(n Fr eman
Trus se, Jason Freeman Living Trust
Dated November 13, 2007
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Legal Description of Property
Exhibit B — Permitted Improvements as Approved by
Public Works
Jason Freeman Encroachment Agreement 5
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 ss.
On (16 1 02 20 before me, TU KHUCW(A PRIA 0NG TeW, Notary
Public, personally appeared 9A70N -c2F E M -0N , who 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 signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s). 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. TU KHUONGPHw• UONG TRAM
WITNESS
Gmy—yhand and official seal.
Signature
ComCor
mission No. 2177922 �
pg ?I%d•-' C NOTARY PUBLIC -CALIFORNIA n
i •.164 ORANGE COUNTY
My Comm ExPires DECEMBER 31. 2020
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.
(seal)
State of California
County of ) ss.
On 20 before me, Notary
Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) 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.
Signature (seal)
Jason Freeman Encroachment Agreement 6
WA001 Wir_1
LEGAL DESCRIPTION OF PROPERTY
Jason Freeman Encroachment Agreement A-1
EXHIBIT "A"
All that certain real property situated In the County of Orange, State of California, described as
follows:
Lot 2 of Parcel Map 84-712, in the City of Newport Beach, County of Orange, State of Califomia,
filed in Book 199, Page(s) 18 through 19, Inclusive of Parcel Maps, in the Office of the County
Recorder of Orange County, California.
Excepting therefrom all oil, oil rights, minerals, mineral rights, natural gas rights, and other
hydrocarbons by whatsoever name known that may be within or under the parcel of land
hereinabove described without, however, the right to drill, mine, store, explore and operate
through the surface or the upper 500 feet of the subsurface of the land hereinabove described, as
reserved in deed from the Irvine Company, a West Virginia corporation recorded September 29,
1972 In Book 10350, Page 94 and recorded October 14, 1977 in Book 12415, Page 997, both of
Official Records.
Tax Assessor's Number: 049-212-18
EXHIBIT B
PERMITTED IMPROVEMENTS PLAN
Jason Freeman Encroachment Agreement B-1
KINGS ROAD
CONCRETE PLANTER WALL CONCRETE PLANTER WALL
6.5" WIDE WALL WHITE 6.5" WIDE WALL WHITE STONE TILE FINISH - —
STONE TILE FINISH W/ 10" W/ 10" WIDE BLACK STONE CAP
WIDE BLACK STONE CAP MAX WALL H=2.77'
MAX WALL H=21" RETE WALL
STUCCO MAILBOX PAINTED TAN 6.5"WIDESTUCCO
21 "Wx2 5. 75"Dx53"H PAINTED TAN W/ 10"
COLORED CONCRETE BLACK STONE CAP
VARIES 1" TO ROLLED CURB MAX WALL H=1.89'
3.5" STEP 92.09 BC
LOOSE ROCKS LOOSE ROCKS IN GAP
x91.88 BC IN GAP _ 92.43 BC
21' -------
COLORED
CONC-
6' Z z COLORED z a COLORED z 0 ? 3
COLORE STEPS - N CONCH Z CONCH z
CONC- °DOD r� `�
LO uui
La w
�' z � z � 90.33 ST ROW z
90.90 FS -t, R
0
tO a 89.81 TG 89.82 TG
a
90.39 FF
q
CENTERLINE
W
WIDE
CATV PB
CABLE TV PULLBOX
W/
WfTH
D
DEEP
WM
WATER METER
ICV
IRRIGATION CONTROL VALVE
GM
GAS METER
H
HEIGHT
MAX
MAXIMUM
"NOTES:
N
NORTH OF
•
ELECTRICAL TO BE REMOVED FROM 0 4 8
R
PROPERTY UNE
RIGHT OF WAY.
ST
STREET
"
LOOSE ROCK TO BE REMOVED OR
ROW
RIGHT OF WAY
GROUTED WITHIN RIGHT OF WAY. 1"=8'
N C LE D N ENCROACHMENT PERMIT EXHIBIT
1021 KINGS ROAD
(HI c.�y�,��Pd�y. s„r�Pi����,�. I'M 1., 03/10/17
OWNER: THE JASON FREEMAN TRUST N201b 05fn-exn1ern+
ADDRESS: 1021 KINGS ROAD PAGE i OF i
CITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
May 9, 2017
Agenda Item No. 12
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Kathryne Cho, Civil Engineer, kcho@newportbeachca.gov
949-644-3014
TITLE: Request to Retain Existing Private Improvements within the Public
Right -of -Way at 1021 Kings Road
ABSTRACT:
The property owners (Owners) of 1021 Kings Road (Site) are requesting to retain several
existing non-compliant private improvements within the Kings Road public right-of-way
including low planter walls of varying heights, a decorative mailbox pilaster, decorative
driveway, grouted river rock bandings, two (2) steps down to the main entry, and a colored
concrete walkway.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way,
and City Council Policy L-18, Protection of Water Quality: Drainage — Public Rights -
of -Way, to allow the retention of planter walls, decorative mailbox, decorative
driveway, grouted river rock bandings, two (2) steps, and colored concrete walkway
within the Kings Road right-of-way; and
c) 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 (1)
calendar year upon receipt of approval.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
12-1
Request to Retain Existing Private Improvements within the
Public Right -of -Way at 1021 Kings Road
May 9, 2017
Page 2
DISCUSSION:
This request for a waiver of City Council policies was brought to staff's attention via a
complaint received by Code Enforcement. Per staff's review, it has been determined that
the existing private improvements are not consistent with City Council Policies L-6 and
L-18. Several items have been taken into consideration in reviewing this matter:
1) No construction is currently being done at the Site; and
2) The existing private improvements do not presently diminish the rights of the public
and there currently are no sidewalks along the Kings Road right-of-way nor current
plans to install a sidewalk; and
3) Kings Road is not identified as a Significant Link Street in the City's Circulation
System (Resolution No. 88-88); and
4) Requiring the Owners to enter into an Encroachment Agreement so as to allow the
existing improvement to remain as requested, any liability associated with the
existing private improvements is transferred to the Owners. Additionally, if the
need for sidewalks should arise in the future, Owners have agreed to remove all
encroachments, at no cost to the City.
At this time, the Owners are requesting City Council approval to retain several existing
private improvements at the Site. After much consideration, staff recommends the
approval of this request. However, this recommendation is made under the condition that
Owners agree to enter into an Encroachment Agreement.
The existing private improvements include portions of three (3) planter/low walls of
varying heights up to approximately 2.77 feet, one (1) 21 inches by 25.75 inches
decorative mailbox pilaster, decorative driveway, grouted river rock bandings, two (2)
6 -foot -wide steps down to the main entry, and a 21 -foot -wide colored concrete walkway
(see attached pictures). Owners purchased the property with the existing improvements
in 2014. Said improvements have recently been refinished, but no additional
improvements have been added.
L-6 allows for private encroachments, up to 36 inches in height, to encroach up to 1 foot
into the public right-of-way. Below is a quick overview of how each encroachment
compares to the L-6 requirements:
a. The existing planter walls are consistent with the height requirement, but they
encroach up to 7.43 feet past the property line.
b. The existing decorative mailbox pilaster measures 21 inches wide, 25.75 inches
deep and 53 inches tall. The bottom of the mailbox opening is 1.5 inches lower
than the U.S. Postal Service's requirement and pilaster depth is 1.75 inches
deeper than the dimension allowed by L-6.
c. Decorative driveway is consistent with L-6.
12-2
Request to Retain Existing Private Improvements within the
Public Right -of -Way at 1021 Kings Road
May 9, 2017
Page 3
d. River rock bandings will be grouted -in to be consistent with L-6.
e. There are specific areas in the City where L-6 allows for stairs. However, said
project site falls outside of the allowable area. The finish floor of the residence is
lower than the street elevation; therefore, the steps are necessary for access.
Owners have agreed to remove all electrical improvements within the Kings Road
public right-of-way to be consistent with L-6.
L-18 limits the amount of impervious material to 25% of the property's public right-of-way
frontage, excluding the drive approach width. The existing colored concrete walkway
exceeds the 25% allowable area.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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 —
Site Plan
Attachment C
— Site Photos
Attachment D
— City Council Policy L-6
Attachment E
— City Council Policy L-18
Attachment F —
Owner Letter dated February 23, 2017
12-3
215
ATTACHMENT A
CLIFF DR rn
v
o
:v reva
¢, a
CD 0
.- a c,
a
r o � a
m
KINGS RD
Cl
cn
.- c v c t-
'� CD a
ry
F
COASTyWV W
cz
L1
V -
a
co
m
v
u7
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
12-4
�-
cv
�-
`�
a
CD
c
v
o
:v reva
¢, a
CD 0
.- a c,
a
r o � a
m
KINGS RD
Cl
cn
.- c v c t-
'� CD a
ry
F
COASTyWV W
cz
L1
V -
a
co
m
v
u7
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
12-4
CONCRETE PLANTER WALL
6.5" WIDE WALL WHITE
STONE TILE FINISH Wf 10"
WIDE BLACK STONE CAP
MAX WALL H=210
VARIES 1' TO
3.5" STEP
LOOSE ROCKS
f_ 91.88 BC 2.1 IN GAP A
-COLORED
CONC-
co
6'
Z.. r
COL
L CONCw/
L6
ATTACHMENT B
KINGS ROAD _ ST�
CONCRETE PLANTER WALL
6.5" WIDE WALL WHITE STONE TILE FINISH
W, j 10" WIDE BLACK STONE CAP
MAX WALL H=2.77'
STUCCO MAILBOX PAINTED TAN
21-WX26-DX56"H (MEASURED TO CAP)
COLORED CONCRETE
FROLLED CURB
92.09 BC
LOOSE
Z -COLORS
Z r CONCH
r w
«i
col
�CD 11
CIF �
Lq
90.39 FF
ABBREVIATIONS
F�_
/-59.81 TG
ROCKS IN GAP
CONCRETE WALL
6.5" WIDE STUCCO
PAINTED TAN W/ 10 -
BLACK STONE CAP
MAX WALL H=1.89'
92.43 BC
CL -COLORED Z
CONC-
aa ^ _
�ST Rt31INl - -- z
90.90 FS
89.82 TG_
q
CENTERLINE
W WIDE:
CATV PB
CABLE TV PULLBOX
W% WITH
D
DEEP
WM WATER DETER
ICY
IRRIGATION CONTROL VALVE
GM
GAS METER
H
HEIGHT
MAX
MAXIMUM
"NOTES:
N
NORTH OF
ELECTRICAL TO BE REMOVED FROM
It
PROPERTY LINE
RIGHT OF WAY..
ST
STREET
LOOSE ROCK TO BE REMOVED OR
ROW
RIGHT OF WAY
GROUTED WITHIN RIGHT OF WAY.
0 4 8
62%iiii
I W=a.
N G LED -N ENCROACHMENT PERMIT EXHIBIT
1 021 KINGS BOAC?
Cipil Frt,qiof + 4urnPdunni.q 03110117
12-5
FYA4 i��a
P i
��. �
�..� � �,-✓ P .. � yr _
`1 I
I',_
.19 le
i
.pyrt s..y,
pip
�x
J
.K
SITE PHOTOS
1021 KINGS ROAD
ATTACHMENT C
12-7
ATTACHMENT D
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
12-8
ATTACHMENT D
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
12-9
ATTACHMENT D
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
12-10
ATTACHMENT D
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.
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.
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
12-11
ATTACHMENT D
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
k
12-12
ATTACHMENT D
L-6
Amended - May 8, 2001
Amended - January 27, 2015
12-13
PROTECTION OF WATER QUALITY:
DRAINAGE - PUBLIC RIGHTS-OF-WAY
PURPOSE
ATTACHMENT E
L-18
This policy, along with Policy L-22 (Water Quality Management Plans), is intended to
minimize dry -weather runoff and runoff from small rain events (collectively referred to
as "runoff" in this Policy) in an effort to improve water quality of Newport Bay, water
quality -limited receiving waters (like Buck Gully) and the near -shore ocean
environment. The motivation for this Policy, in addition to the community's interest in
clean water, is in part the adoption of regulations upon the City of Newport Beach by
the California Regional Water Quality Control Board, Santa Ana Region ("Regional
Board") contained in the Regional Board's Order, NPDES No. CAS618030.
FINDING
Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and
washdowns of hardscape areas contribute flow to the street drainage systems and
natural watercourses which then convey pollutants such as pesticides, fertilizers, pet
waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other
pollutants into surface waters.
POLICY
Whenever possible, runoff should be retained on private property to prevent the
transport of these pollutants in the manner described below. Reduction, retention or
diversion of runoff can benefit property owners through water conservation and reuse
of water that would otherwise drain to the City's street drainage system and our
harbors, bays, and ocean.
A. Curb Drains. Curb drains have been utilized as a means of draining sump areas
and roof drains within a property by conveying flows via subsurface piping
systems to the curb gutter. Curb drains typically convey runoff directly to the
City's street drainage system without the benefit of absorption by permeable
surfaces and natural treatments such as landscaped areas and planters.
Whenever possible, runoff shall be diverted through planted areas or sumps that
recharge the groundwater. The use of permeable surfaces affords the
opportunity to use the natural filtration properties of the earth to prevent the
1
12-14
ATTACHMENT E
L-18
transport of harmful pollutants directly to our water resources. The use of curb
drains to drain private residential and commercial property shall only be
permitted as follows:
1. New Development/ Redevelopment - see Policy L-22.
2. Reconstruction or Grading of Existing Properties - The grading/ drainage
for additions and/or modifications to existing properties including the
construction of patios, decks, roof drains, downspouts, gutters or
substantial grading remodel (grading affecting over 50% of the existing
yard/ setback areas that alter existing drainage patterns) shall be designed
to retain and/or direct urban runoff into planted/ permeable areas. Curb
drains and subsurface piping shall be permitted for secondary or overflow
of hardscape or planted areas to prevent dwellings from flooding due to
significant (defined for this Policy as more than 3/4" of rain in any 24-
hour period) storm events only. Curb drains may be permitted to correct
existing drainage problems on a case-by-case basis after all reasonable
alternatives are explored. Curb drains, when approved, shall have a
French drain system of perforated pipe and gravel unless site-specific
circumstances endanger public safety so as to prohibit its use as
determined by the Public Works Director.
B. Parkway, permeability. The City's parkway areas represent the last opportunity
to retain and allow urban runoff to percolate into the earth before entering the
City's street drainage system. Non -sidewalk areas within the City's parkway
areas (defined as the area between the curb and the street right of way/property
line) shall utilize permeable surfaces that permit the percolation of urban runoff.
Non -permeable parkway surfacing within the area between the street curb and
sidewalk for decorative (non -pedestrian) purposes, installed at grade, not to
exceed 25% of the parkway area (between back of curb and sidewalk) less
driveways when installed in conjunction with landscaping, irrigation, and street
trees is permitted in accordance with Council Policy L-6. Decorative materials
include colored, stamped, and patterned concrete; brick, pavers, and stone
masonry, pavers, flat stone, and brick set in sand; and other materials as
approved by the Public Works Department.
C. Down Slope Drains. Wherever practical, private property drainage shall be
diverted away from bluffs or steep slopes (2:1 slopes or greater). The design
shall include:
M
12-15
ATTACHMENT E
L-18
1. Hydrological and hydraulic calculations in conformance with the latest
edition of the Orange County Drainage Design Manual;
2. Subsurface piping system utilizing approved piping materials which
incorporate sealed joints;
3. The drainage system shall have a French drain system of perforated pipe
and gravel, or similar device to percolate low flow urban runoff unless site-
specific circumstances endanger public safety or improvements so as to
prohibit its use as determined by the Public Works Director and/or the
project soils engineer does not allow percolation; and
4. Any permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or
create a nuisance such as odor or algae growth. The property owner will
accept responsibility to maintain the slope drainage facility and will
execute a non-standard permit agreement with the City. The City reserves
the right to revoke this agreement at any time for non-compliance.
D. Sump Pump discharges into the public right of way. Permanent sump
pump discharges shall be permitted as follows:
1. Permitted sump pump discharges shall be filtered and piped directly to
the City' storm drain system. Connections to the city's storm drain shall
be in accordance with City standards and executed under a valid
encroachment permit from the Public Works Department.
2. The permittee and the City have executed a non-standard permit
agreement which authorizes the City to revoke the permit at any time for
non-compliance.
3. Discharges from permanently installed sump pumps of basement garage
spaces (areas with motor vehicle storage) shall not be permitted within the
public right of way.
4. Storage areas and living areas below natural grade as permitted by the
Building Division may discharge sump pump flow into the City's street
drainage system provided that:
3
12-16
ATTACHMENT E
L-18
• The property owner show evidence of all approved permits as
required by the Regional Water Quality Control Board and other
jurisdictional agencies;
• The discharge flow must not be continuous and be shown to be less
than five (5) gallons per day; and
• The permitted flow shall not create continuous standing water
within City street gutters, pose a hazard to safe motor vehicle or
pedestrian use, or create a nuisance such as odor or algae growth.
E. Construction Dewatering. Construction dewatering as permitted by the Building
Division may discharge pump flow into the City's street drainage system
provided that:
• The property owner show evidence of all approved permits as required by
the Regional Board and other jurisdictional agencies;
• The permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or
create a nuisance such as odor or algae growth; and
• An encroachment permit is executed in accordance with City Council
Policy L-6, including authorization for the City to revoke this permit at
any time for non-compliance.
Adopted - April 23, 2002
Amended - September 27, 2011
0
12-17
ATTACHMENT F
1021 Kings Rd.
Newport Beach, CA 92663
February 23, 2017
City of Newport Beach
Re: Encroachment Permit N2016-0594
Dear City of Newport Beach:
We are requesting an encroachment permit for our home residence at 1021 Kings Rd.
We have purchased the house in 2014 with all existing structures (planters and mailbox) already in place. We
have simply resurfaced a few for some curb appeal. We have not added any new structure to the existing
area. We understand the property restrictions and hope you can grant us this permit on this basis.
Sincerely,
Pao" 928Ct2l"
12-18