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C-7050-3 - Second Encrochment Agreement EPN N2017-0435 for 3235 Ocean Boulevard
Batch 3031721 - Print Confirmations RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works. Department City: of Newport Beach P.O: Box 1768 Newport Beach, CA 92658-891:5 Page 11 of 12 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111111111111111111111111111111111111111 111111 11111111 11 105.00 *$ R 0 0 0 9 8 3 0 6 0 1$* 201800001537411:34 am 01117118 90 SC5 Al2 F13 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.00 75.00 Space above this. line for Recorder's use only. SECOND ENCROACHMENT AGREEMENT (Encroachment Permit Number N2017-0435) THIS SECOND ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 9t" day of November, 2017, by and. between. Nizar M. Tannir and Nada Tannir; husband and wife as community property with right of survivorship ("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 3235 Ocean Boulevard, Newport Beach, California, 92625 and legally described as Lot 16 and southeasterly half of Lot 15 of Tract 1026, as shown on a map recorded in. Book 33, Pages. 37 through 38. Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 052-120-54 ("Property"); WHEREASi on March 17, 2016, Owner, recorded an Encroachment. Agreement regarding. the Property, as document number 2016000111776, with the Orange County Clerk -Recorder regarding the following .improvements: (a) a decorative driveway with concrete retaining walls; (b) a twenty-four (24) inch wide concrete V -ditch swale behind said concrete retaining walls; (c) a concrete stairway with retaining .walls and .wrought iron guard rails to a. maximum height of forty-two (42) inches above stairway grade; (d) a fourteen (14) inch wide by twenty-four (24) inch deep by forty-eight (48) inch high plastered block mailbox; and (e) private landscaping and irrigation improvements and. appurtenances. that encroach in excess of one (1) foot into the Ocean Boulevard right-of-way, as approved by the Public Works Department ("2016 Encroachment Agreement")- WHEREAS, greement");WHEREAS, Owner desires. to construct certain additional non-standard improvements as further described herein ("Permitted Improvements") within the Ocean Boulevard right-of-way (hereinafter "Right -of -Way") that is located adjacent to Property, and in addition to those previously agreed to in the 2016 Encroachment Agreement; Nizar M. Tannir and Nada Tannir Encroachment Agreement 1 https:Hgs.secure-recording.com/Batch/PrintConfirmations 01/17/2018 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. SECOND ENCROACHMENT AGREEMENT (Encroachment Permit Number N2017-0435) THIS SECOND ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 9th day of November, 2017, by and between Nizar M. Tannir and Nada Tannir, husband and wife as community property with right of survivorship ("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 3235 Ocean Boulevard, Newport Beach, California, 92625 and legally described as Lot 16 and southeasterly half of Lot 15 of Tract 1026, as shown on a map recorded in Book 33, Pages 37 through 38 Inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 052-120-54 ("Property"); WHEREAS, on March 17, 2016, Owner recorded an Encroachment Agreement regarding the Property, as document number 2016000111776, with the Orange County Clerk -Recorder regarding the following improvements: (a) a decorative driveway with concrete retaining walls; (b) a twenty-four (24) inch wide concrete V -ditch swale behind said concrete retaining walls; (c) a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of forty-two (42) inches above stairway grade; (d) a fourteen (14) inch wide by twenty-four (24) inch deep by forty-eight (48) inch high plastered block mailbox; and (e) private landscaping and irrigation improvements and appurtenances that encroach in excess of one (1) foot into the Ocean Boulevard right-of-way, as approved by the Public Works Department ("2016 Encroachment Agreement"); WHEREAS, Owner desires to construct certain additional non-standard improvements as further described herein ("Permitted Improvements") within the Ocean Boulevard right-of-way (hereinafter "Right -of -Way") that is located adjacent to Property, and in addition to those previously agreed to in the 2016 Encroachment Agreement; Nizar M. Tannir and Nada Tannir Encroachment Agreement 1 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. This Agreement is intended to supplement the 2016 Encroachment Agreement and in no way diminishes the effectiveness of the 2016 Encroachment Agreement as to the improvements discussed therein. 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: a. Seventeen (17) temporary shoring caissons and four (4) permanent caissons and appurtenances that encroach in excess of one foot (1) into the Right -of - Way, as approved by the Public Works Department and as shown on Exhibit A, attached hereto and incorporated herein by reference. b. 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 A. b. Owner shall maintain Permitted Improvements in accordance with generally prevailing standards of maintenance and pay all costs and expenses incurred Nizar M. Tannir and Nada Tannir Encroachment Agreement 2 in doing so. However, nothing herein shall be construed to require Owner to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said Permitted Improvements, except as otherwise provided herein. C. If City or other public facilities or improvements are damaged by the installation or presence of Permitted Improvements, Owner shall be responsible for the cost of repairs and restoration of these public facilities or improvements to their condition at the time of entry into this Agreement. d. 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. 6. 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. 7. 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. Nizar M. Tannir and Nada Tannir 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] Nizar M. Tannir and Nada Tannir 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 ATTO JNE 'S QFFICE Date: /6/17 By: gr --- Aaron C. Harp, ��g•�'t City Attorney ATTEST: 4444Date: /• : B GAj "vV l By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 11 12J t By: David A. Kiff City Manager OWNER(S): Nizar M. Tannir and Nada Tannir, husband and wife as community property with right, of survivorship Date: C, By: Nizar M. Tannir Owner Date: By: Nada Tannir Owner [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A — Permitted Improvements Plan as Approved by Public Works Nizar M. Tannir and Nada Tannir 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 -(ex Cou . f Iss. On r � jq v-1 20 before me, lL LUZ%✓ZC �Z - -- Notary Public, personally appeared tXI TLS,to- who proved to me on the basis of satisfactory evide a to be the person(s) w ose nan' e(-) 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 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 &46-stif is Texas CAROL FOURTUNIA Notary ID #123963363 My Commission Expires August 23, 2021 (seal) count t �/� )ISS. On 1 �,U t-�/t 0 l _7 e me 7J�` -?.1t� Notary Public, personally appeared _GtCt (U2,twt-1 proved to me on the basis of satisfactory evidence to be the person(s) whose nam s.)-islare 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. 0��g, � -7" C Signatur ��.NY PUA i, CAROL FOURTUNIA Notary ID #123963363 My Commission Expires �"�oF�`� August 23, 2021 (se Nizar M. Tannir and Nada Tannir Encroachment Agreement 6 EXHIBIT A PERMITTED IMPROVEMENTS PLAN Nizar M. Tannir and Nada Tannir Encroachment Agreement A_1 'd7 'WYN 122 I NOa00 'Qni9 NIVOW S9z8Kms\ 1191HXM 9NIUGHe 0 YONY�9 �dWW;LL ain��a�iy�iy a{�auuoa� uoug AIVM AO 1H9116 Tl- _ LL QO En ~ —w =w x= LU cn F, �EwP0 INA O B U � T CAIFORN P CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: October 10, 2017 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director — 949-644-3311, dawebb@newportbeachca.gov Socheata Chhouk, Civil Engineer schhouk@newportbeachca.gov 949-644-3346 TITLE: Request for Waiver of City Council Policy L-6 at 3235 Ocean Blvd. ABSTRACT: The property owner of 3235 Ocean Blvd (Owner) is requesting a waiver of City Council Policy L-6 to install 17 temporary shoring caissons and four (4) permanent caissons and appurtenances within the Ocean Boulevard right-of-way. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow 17 temporary shoring caisson and four (4) permanent caissons and appurtenances that will encroach in excess of 1 -foot into the Ocean Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owner, 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. DISCUSSION: As part of the redevelopment of the property located at 3235 Ocean Boulevard in Corona del Mar, the Owner is requesting to install 17 temporary shoring caissons and four (4) permanent caissons within the Ocean Boulevard right-of-way. 9-1 Request for Waiver of City Council Policy L-6 at 3235 Ocean Blvd. October 10, 2017 Page 2 The permanent caissons will encroach up to approximately 8 -feet into the Ocean Boulevard right-of-way. The temporary shoring caissons will encroach up to approximately 22 -feet into the Ocean Boulevard right-of-way. This portion of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 10 -feet between the back of the existing sidewalk on Ocean Boulevard and the property line. On March 24, 2015, City Council approved installation of a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42 -inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping, and irrigation improvements and appurtenances within the Ocean Boulevard right-of-way. The Owner is requesting the caissons in the Ocean Boulevard right-of-way to limit massive grading between the public sidewalk and property line, which is approximately 45 -foot wide. The 17 temporary shoring caissons will be up to 30 -inch wide diameter and will be removed after the retaining walls are complete. The temporary shoring caissons vary in depth from 17 feet to 25 feet depending on the retaining wall height. The four permanent caissons will be 42 -inch wide diameter and be located under the previously approved staircase and will not be visible from the public sidewalk. The permanent caissons depth below ground will vary depending on the soil conditions, but could be a maximum of 30 feet. City Council Policy L-6, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way. The caissons are considered structural encroachments and would be encroaching in excess of 1 -foot into the Ocean Boulevard right-of-way. Currently, there are existing sidewalks on Ocean Boulevard and there are no City -owned utilities that will be impacted by the proposed private encroachments. These proposed private improvements will not diminish the rights of the public, present and future. The Building Division has reviewed the site plan and request to include the following condition: • A licensed land surveyor shall monitor all shoring daily and deliver the survey reports to the City. Any deflection greater than a'/4 inch shall be reported to the City. Should the City Council elect to approve the installation of the said private improvements and appurtenances, staff recommends that the City Council require the Owner to enter into an Encroachment Agreement with the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is exempt from 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 will not result in a physical change to the environment, directly or indirectly. 9-2 Request for Waiver of City Council Policy L-6 at 3235 Ocean Blvd. October 10, 2017 Page 3 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 — Letter from Property Owner Attachment D — City Council Minutes and Staff Report from March 24, 2015 Attachment E — City Council Policy L-6 9-3 �� Attachment A 22� � j G °c = D s - . y f� S � Ir. u Corona Del Mar State Beach r 330r 3235 Ocean Blvd CITY OF NEWPORT BEACH Location Map PUBLIC WORKS DEPARTMENT N2017-0435 10/10/17 9-4 1p cn 1 _—_--._----_J z IU �I To. \ � I 1 A O�, \ � � m O r 1 1 r! � g ii 5 rnN Ia NOO a DD o OCEAN 5LVI�). NA tP� >z Ur" z 9 A �D 1�4�011 N 1 ,a4 1 70 t�6 4 1- zu > 1 _ tea- iopS \: � a �� � %l N B B DOZO I/ 1 - u •N O�m � -� PAftKIN6 .� _ ME v n 3 CD W To. a _ O r � g n p�A � NOO a DD o OCEAN 5LVI�). NA tP� >z Ur" z 9 A ME v n 3 CD W Brion Jeannette Architecture August 10, 2017 Socheata Chhouk City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Request for Waiver of City Council Policy L-6 (adjustment to permit # N2015-0446) Terra Blanca (Tannir Residence) 3235 Ocean Blvd., Corona del Mar, CA (Plan Check No. 2358-2014) Dear Socheata, This project was previously reviewed and approved by the Planning Commission for a variance (VA2013- 004/PA2013-110) to allow the construction of the Lower Level to encroach 10 feet into the required 10 foot front yard setback subject to a list of conditions of approval. To satisfy Conditions #39 and #40 and Public Works Plan Check Corrections #1 and #2, we obtained an encroachment permit (N2015-0446) for vacating the existing 4 -foot wide sewer easement located along the east side of the property and for installing site improvements in the City's public right of way between the northern property line and Ocean Boulevard. As originally planned the grading for the drive way and site walls would require the removal of earth all the way to the public sidewalk. To substantially reduce the grading in the public right of way a series of (4) permanent caissons will be utilized along with (17) temporary caissons for shoring purposes. Justification for the shoring caisson design: 1. As originally requested —the installation of the retaining walls on the North side of the driveway will require temporary shoring during construction. The (17) shoring caissons are temporary and will be removed after the retaining walls are built. 2. The grading process utilizing caissons will be approximately a 3 -month duration of time. 3. The (4) permanent caissons are located under the approved staircase and are 37 feet south of the public sidewalk. 4. The (4) permanent caissons are located 2 feet below the staircase (and planter) and range from 3 feet to 7 feet below the existing grade of 80'. The reconstruction of the driveway, steps on grade, and walkway in the public right away are necessary to provide vehicle and pedestrian access for the new garage and house as it did for the existing house. Additionally, the proposed site improvement will continue to preserve the public's ocean view and will enhance the city property to be more aesthetically pleasing for the owner, neighbors, and those using the 470 Old Newport Blvd • Newport Beach, GA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design 9-6 public right of way. Finally, the property owner has agreed to maintain the new landscaping in a manner consistent with city standards. Attached, please find the site plan exhibit of the proposed shoring in the City's public right of way. Should you have any questions, please feel free to reach me at (949)645-5854. Thank you for your assistance with this matter. &na ,AI Architect End: 2017.08.21 ROW Shoring Exhibit.pdf 470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design 9-7 City of Newport Beach Study Session and Regular Meeting March 24, 2015 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCES FOR ADOPTION 3. Adoption of Ordinance No. 2015-2 Regulating Massage Establishments and Resolution No. 2015-19 Removing Outdated Massage Technician Fees [100-20151 a) Conduct second reading and adopt Ordinance No. 2015-2, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Chapter 5.50 Regulating Massage Establishments and Repealing Chapter 5.64 Regulating Holistic Health Practitioners; and b) Adopt Resolution No. 2015-19, A Resolution of the City of Newport Beach Amending the Master• Fee Schedule to Eliminate Outdated Massage Fees, which removes nine (9) outdated massage technician fees from the Master Fee Schedule. 4. Balboa Island Residential Condominium Prohibition Code Amendment Second Reading (PA2014-170) j100-20151 Conduct second reading and adopt Ordinance No. 2015-5, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Prohibit Residential Condominium Projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. C/7�.��1CY13rIiIlYt17�1C`i.Y/3:7f17/ " 1i7/7�� 5. Addition of Off -Street Parking Meter Zone 31 [100-20151 Adopt Resolution No. 2015-20, A Resolution of the City Council of the City of Newport Beach Establishing an Off -Street Parking Meter Zone for the Marcus Avenue Parking Lot (Staff Report Attachment "A"), and amending Resolution No. 2000-38 to establish Parking Meter Zone 31. Resolution Endorsing the City's Grant Application for the Arches Storm Drain Dry Weather Diversion Project [100-20151 Adopt Resolution No. 2015-21, A Resolution of the City Council of the City of Newport Beach. Authorizing Entering into an Agreement with the State of California and Designating a Representative to Sign the Agreement, and any Amendments Thereto for• the Arches Storm Drain Dry -weather Diversion Project, and endorsing the submittal of the City's grant application to the SWRCB for Arches Dry -Weather Diversion Project. 7. Summary Vacation of Existing Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard (C-6061) 138/100-20151 a) Adopt Resolution No. 2015-18, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 4 -Foot wide Sewer Easement at 3235 Ocean Boulevard (Lot 16 and Southeasterly Half of Lot 15 of Tract 1026); and Directing the City Clerk to Record Same with the County Recorder's Office, and ordering the summary vacation of a sewer easement at 3235 Ocean Boulevard; b) Direct staff to process the summary vacation of said easement; c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder; d) Waive Council Policy L-6, Private Encroachments in Public Rights -of -Way, to allow a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls Volume 62 - Page 241 9-7 City of Newport Beach Study Session and Regular Meeting March 24, 2015 and wrought iron. guard rails to a maximum height of 42 -inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and e) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. D. CONTRACTS AND AGREEMENTS 8. Residential Street Overlay Program -- Notice of Completion and Acceptance of Contract No. 5523 (CAP14-0013)1381100-20151 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 9. Corona del Mar Pocket Park — Award of Contract No. 6042 (CAP14-0026) [381100- 2015] a) Approve the project plans and specifications; b) Award Contract No. 6042 to Clean Cut Landscape for the total bid amount of $78,670.10, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $12,000 (approximately 15% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA-040 transferringlreappropriating project savings in the amounts of $20,600 from 7012-C2502006 and $4,400 from 7015- C1002044 to Account No. 7015-C4002011 to cover a portion of the construction cost, geotechnical and material testing services, construction contingency and incidentals. 10. Newport Boulevard Water Transmission Main Replacement — Approval of Amendment No. 3 with Tetra Tech, Inc. - C-5546 (CAP14-0030) [381100-2015] Approve Amendment No. 3 with Tetra Tech, Inc. for additional final engineering services for the Newport Boulevard Water Transmission Main Replacement project at a not -to - exceed price of $50,500, and authorize the Mayor and City Clerk to execute Amendment No. 3. 11. Final Tract Map No. 17763 for Residential and Commercial Development located at 4311 Jamboree Road (C-6072) [381TT177631100-2015] a) Review and approve Final Tract Map No. 17763 located at 431.1 Jamboree Road pursuant to Section 19.60.010 of the Municipal Code; b) Review and approve the Subdivision Agreement for Final Tract No. 17763 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement; and c) Review and approve the required construction securities for Final Tract Map No. 17763 pursuant to Section 19.36.030 of the Municipal Code and authorize the Public Works Director to execute and release securities. 12. Final Tract Map No. 17194 for 24 -Unit Residential Condominium Development located at 5515 River Avenue (C-6073) 1381TT171941100-2015] a) Review and approve Final Tract Map No. 1.7194 located at 5515 River Avenue pursuant to Section 19.60.010 of the Municipal Code; Volume 62 - Page 242 TO FROM PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report March 24, 2015 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Rodi Almendralo, Civil Engineer (949) 644-3334 Summary Vacation of Existing Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard The property owner of 3235 Ocean Boulevard (Owner) is requesting that the City summarily vacate an existing City sewer easement running across the property, and request approval to install a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42 -inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right-of-way. RECOMMENDATION; a) Adopt Resolution No. 2015-18, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 4 -Foot Wide Sewer Easement at 3235 Ocean Boulevard (Lot 16 and Southeasterly Half of Lot 15 of Tract 1026); and Directing the City Clerk to Record Same with the County Recorder's Office, and ordering the summary vacation of a sewer easement at 3235 Ocean Boulevard: b) Direct staff to process the summary vacation of said easement; c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder; d) Waive Council Policy L-6, Private Encroachments in Public Rights -of -Way, to allow a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42 -inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 - foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met: and 7-19-9 e) Direct staff to enter into an Encroachment Agreement with the 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. DISCUSSION: As part of the redevelopment of the property located at 3235 Ocean Boulevard in Corona del Mar, the Owner is requesting that the City summarily vacate an existing sewer easement and for approval to install a decorative driveway with concrete retaining walls, a 24 -inch wide concrete V -ditch swale behind said concrete retaining walls, a concrete stairway with retaining walls and wrought iron guard rails to a maximum height of 42 -inches above stairway grade, a 14 -inch wide by 24 -inch deep by 48 -inch high plastered block mailbox, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right-of-way. In 1952, the City obtained a 4 -foot wide easement on the southeasterly portion of the property for the installation of a sewer force main. In 2001, the City constructed a sewer force main on Breakers Drive which abandoned the sewer force main within the 4 -foot wide easement on the property. Although this sewer force main was abandoned, the 4 -foot wide easement was not vacated. Once the easement is vacated, the Owner will be able to use the land without any easement restrictions. Pursuant to the California Streets and Highways Code Section 8333 et seq., the City Council may summarily vacate a City easement if the easement is unnecessary for present or prospective sewer purposes. The proposed summarily vacated easement satisfies the condition of the California Streets and Highways Code since the said easement will not be needed for sewer purposes. The existing easement to be summarily vacated is legally described in Attachment "A" and shown in Attachment "B" of the attached Resolution. The requested private encroachments will encroach up to approximately 20 -feet into the Ocean Boulevard right-of-way. This portion of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 10 -feet between the back of the existing sidewalk on Ocean Boulevard and the property line. Adjacent neighbors to the East have similar private encroachments within the Ocean Boulevard right-of-way that are permitted through an encroachment permit and agreement. City Council Policy L-6, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way. Currently, there are existing sidewalks on Ocean Boulevard and there are no City -owned utilities that will be impacted by the proposed private encroachments. These proposed private improvements will not diminish the rights of the public, present and future. Should the City Council elect to approve the installation of the said private improvements and appurtenances, staff recommends that the City council require the property owner to enter into an encroachment agreement with the City. 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. 7-29-10 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: Description Attachment A - Resolution Attachment B - Location Ma Attachment C - Site Plan Attachment D - Letter from Property Owner Attachment E - Council Policy L-6 7-3 9-11 ATTACHMENT A RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 Recording Fee: Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) 17*`Z91 M WST�rel WT11 i&I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 4 - FOOT WIDE SEWER EASEMENT AT 3235 OCEAN BOULEVARD (LOT 16 AND SOUTHEASTERLY HALF OF LOT 15 OF TRACT 1026); AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach, pursuant to Chapter 4 of the California Streets and Highways code (Sections 8333 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 3235 Ocean Boulevard to summarily vacate a 4 -foot wide public sewer easement legally described in Exhibit "A" and shown in Exhibit "B"; and WHEREAS, the City has abandoned a 6 -inch sewer force main within said easement at 3235 Ocean Boulevard; and WHEREAS, the City, as part of the abandonment, constructed a 6 -inch sewer force main along Breakers Drive; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to summarily vacate the public sewer easement on this property 7-49-12 and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated to Breakers Drive and there are no other public facilities within said easement. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by the relocation of existing sewer main to Breakers Drive and that there are no other public facilities located within the public sewer easement. By this resolution, the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder, and that from and after the date this resolution is recorded, the portion of the sewer easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easement. Adopted this 24th day of March, 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich Mayor for the City of Newport Beach 7-59-13 EXHIBIT "A" PUBLIC SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 4 -foot wide sewer easement granted to the City of Newport Beach, California, by Resolution of Acceptance recorded in Book 2388, Pages 527 through 529, of Official Record of Orange County, described in said Resolution of Acceptance as: "The southeasterly 4 -feet of Lot 16, Tract 1026, recorder in Miscellaneous Maps, Book 33, Pages 37 and 38, records of Orange County, California." 7-69-14 .Z7 4' SEWER EASEMENT TO 4-i`:) 9-15 f lllli� r k ffir ATTACHMENT B r � a C ma Dad star S lads i' i So mah 3235 OCEAN BOULEVARD LOCATION MAP tol 33Q1 .-0,A - /b Al 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 03/24/2015 7-8 9-16 TERRA BLANCA (TANN I R RES I DENGE) 6l1ARDAHV.RETAIN6 ' 5235 OCEAN 51_1/I7. "ALL APN: 052-120-54 l NV4 E DRIVEWi Yl 9 IDN ATTACHMENT C CONCRETE V -DITCH 4LE BEHIND NEW AIN'& /VALL O )ST�AhIDARP, u 7� TDP OF Bbv WALL 6' _ 0 AOV._ ,.ffi N6 51DEWALK PRNEWARP 42' I ABV. I EXIST'G TREE! TO IN z� REMAIN I ro s;r���nx I z; 900 81A' O I bb;7P TN6 R / -- J a5llnl rn05-21 ` 8I2A' N6 as.rr S, 1 °a a sa I i� 4' ARGH'L 0 `1 12M&K0 1 —6— 4'WX24b 1 8"l.43' CRAPE MYRTLE, TYP. MAIL -50X 86.40 f �I IH b 83A' TR Fe 845x' T 10, P.A. 7� TDP OF Bbv WALL 6' _ 0 AOV._ ,.ffi N6 51DEWALK PRNEWARP 42' I ABV. I EXIST'G TREE! TO IN z� REMAIN I ro s;r���nx I z; 900 81A' O I bb;7P TN6 R / -- J a5llnl rn05-21 ` 8I2A' N6 as.rr S, 1 °a a sa I i� 4' ARGH'L 0 `1 12M&K0 1 6.20° EA. 4'WX24b 1 8"l.43' I MAIL -50X 86.40 f �I PA. 845x' T PA P.A. 40,00' FLA A9W. TER TO BE 6° 1 14% f 3AS 2As m 1'�: CA&" ABV5AR�T� BRION JEANNETTE ARCHITECTURE I PROJECT! TERRA BLANCA scALE: 470 OLD NEWPORT BLVD. N.B, GA 82665 g411.645.5554 DRAWING: ENGROA_HMENT PLAN A DATE: 2015.02.20 SITE PLAN (1 OF 3) �97 ENCROACHMENT PERMIT FOR WORK IMPROVEMENTS IN PUBLIC— R.O.N TO BE APPROVED BY CITY COUNCIL m� ----------------- I I T I =I" �N AT ALI DRIVENAY i L5, TYF. I UPPER LEVEL T.O.SHT'Cv = MIDDLE LEVEL T.0.5HT'6 = 67.0' R -I3 BATT INSUL'N C) ALL 2x4 FURRED HALLS PER GEN. NOTES, TYP. SECTION B C%,ITY OF N.B. HT. LIMIT TOP OF CURB © 81.37' /�EX15'PBLIC eeeeee C7 ATTACHMENT C 7ANN I R RF5I r;�FNOF 5255 OCEAN BLVD. 0 ON n 0 lfl QCEAN BLVD, 0 lu.. Iu T.O.GURS 3� ° SCALE: 1/4" = 1' - O" SITE PLAN (2 OF 3) 9-18 ATTACHMENT C 000�E�00000 _ —000000000 I I Now - - - T -0 -PLT. DRIVEWAY 0 7?NNIR �ESI�ENCE PUBLIC T.O.GUR3 SIDEWALK OGE;AN BLVD. 00 ON EL fl I I - TT INSUL TION E=XT. WAL5, II z0 I d� UPPER LEVEL T.O.SHT'6 = -75.0' �a ° I I Ur �a JU I- m MIDDLE LEVEL v w - - - - T.O.SHT'6 = 6 f.0' Q v m 14! Z z� SECTION G 79 Zn tY o 7-9 9 IQ a SITE PLAN (3 OF 3) 9-19 ATTACHMENT D Brion Jeannette Architecture December 23, 2014 Rodi Almendralo City of Newport Beach Public Works Department 100 Civic. Center Drive Newport Beach, CA 92660 Re: Request for an Encroachment Permit Terra Blanca (Tannir Residence) 3235 Ocean Blvd., Corona del Mar, CA (Plan Check No. 2358-2014) Dear Rodi, Mr. NiiarTannir, has hired our firm, Brion Jeannette. Architecture, to design a new single family residence at 3235 Ocean Boulevard. The project was previously reviewed and approved by the Planning Commission for a variance (VA2013-004/PA2013-110) to allow the construction of the Lower Level to encroach 10 feet into the required 10 foot front yard setback subject to a list of conditions.of approval. To satisfy Conditions #39 and #40 and Public Works Plan Check Corrections #1 and #i2, we would like to request an encroachment permit for vacating the existing 4 -foot wide sewer easement located. along the east side of the property, for granting a new easement for the city's existing sump pump stations to encroach into our client's property at the bottom of the siteadjacent to Breakers Drive, and for installing minor site improvements in the City's public right of way between the northern property line and Ocean Boulevard. The site improvements include the. following: 1. Removal and replacement of the driveway and installation of concrete plastered retaining.walls. The installation of the retaining walls will require temporary shoring during construction. 2. Installation of new concrete steps -on -grade, landings, and concrete plastered retaining walls with 42" high wrought iron guard rails on top. This stair will be used as the main access to the house. 3. Installation of new concrete plastered planters. 4. Installation of an above ground CMU plastered mailbox -that is 14"Wx 24"D x 60" H. 5. installation of a 24" wide concrete v -ditch swale behind the top of the new retaining wall. The v - ditch swale shall be connected to the project's on-site storm drain system to convey the storm Water to the lower portion of the property away from the bluff. 6. Installation -of new landscaping and temporary irrigation system per California Coastal Commission's requirement on the City slope in front of the site between the property retaining wall and the City's sidewalk adjacent to Ocean Boulevard. Landscaping shall be native, drought tolerant and non- invasive plantings as required by California Coastal Commission. 470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854. F: 949.645.5983 Members AIA & NCARB a www.cuslomorchitecture.com Energy Conscious Design 7-129-20 The reconstruction of the driveway, steps on grade, and walkway in the public right away are necessary to provide vehicle and. pedestrian access for the new garage and house as it dict for the. existing house. Additionally, the proposed site improvement will continue to preserve the public's ocean view and will enhance the city property to be more aesthetically pleasing for the owner, neighbors, and those using the public right of way. Finally, the property owner has agreed to maintain the new landscaping in a manner consistent with city standards. Attached, please find two Encroachment Plans of the proposed site improvements in the City's public right of way. Should you have any questions, please feel free to reach me at (949)645-5854 Ext. 214. Thank you for your attention on this project. Sincerely,. Wun Sze Li Job. Captain Encf: Encroachment Plan 1 Encroachment Plan 2 470 Old Newport Blvd • Newport Bench, CA 92663 • T: 949.645.5854 F; 949.645.5983 Members AIA & NCARB www.cuslornarchifeciure:com Fnerpy Conscious Design 7-139-21 ATTACHMENT E 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. B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1 7-149-22 Wei 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. 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. S. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. PJ 7-159-23 Wei 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 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, 3 7-169-24 Wei have at least 40% visibility through them, and not to exceed Tin 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. 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. m 7-179-25 Wei 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 - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 Amended - January 27, 2015 Q 7-189-26 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 9-27 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 9-28 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 N 9-29 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. L 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. L 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 9-30 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 R 9-31 L-6 Amended - May 8, 2001 Amended - January 27, 2015 9-32