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HomeMy WebLinkAboutC-7772-1 - Encroachment Agreement EPN N2012-0166 for 1539 Sulvia LaneRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Recorded In Off lcial Records, orange County Tom Daly, Clerk-Recorder IIISIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�lllllll IIIIIIIIIIIIIIIIIIIIII 27,00 *$ R 0 0 0 5 1 2 3 6 4 3$+ 2012000517128 8:32 am 09106112 276 422 Al2 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Space above this ENCROACHMENT AGREEMENT (EPN 2012 -0166) use only, THIS ENCROACHMENT AGREEMENT ( "Agreement ") is made and entered into this I Ztn ' day of J -J1 \,f , 2012, by and between Marshall Scott Solomon and Maria Lee Solomo , Trustees of The Solomon Revocable Living Trust dated October 26, 2007 ( "Owner "), and the City of Newport Beach, California, a California municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California ( "City "). WITNESSETH: WHEREAS, Owner is the vested owner of property located at 1539 Sylvia Lane Newport Beach, California 92660 and legally described as Lot 5 of Tract 1805, as shown on a map recorded in Book 61, Page 40 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 117- 402 -21 ( "Property "), WHEREAS, Owner desires to construct certain non - standard improvements as further described herein ( "Permitted Improvements ") within the Sylvia Lane and Beryl Lane right -of -way (hereinafter "Right -of -Way ") that is located adjacent to the 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 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: It is mutually agreed that Permitted Improvements shall be defined as: q1 'I Y a. A USPS approved mailbox mounted in a 19 -inch by 22 -inch pilaster constructed of brick pavers encroaching up to seven feet into the Sylvia Lane public right -of -way; b. A 30 -inch high wooden picket fence and 34 -inch high wooden posts encroaching up to 5' -3" into Sylvia Lane and Beryl Lane public rights -of -way and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. C. In addition, if the wooden picket fence and posts are reconstructed in the future, said Permitted Improvements will be installed a minimum of three feet from the curb face. d. In addition, if any of the Permitted Improvements actually built or installed during the time of construction vary from the 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. 2. City will permit Owner to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within a portion of Right -of -Way, if in substantial conformance with the plans and specifications on file in the City. City will further allow Owner to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement-may be terminated by City with or without cause and at any time without notice. The City shall make good faith efforts to provide notice (60) days 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. 4. 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 the City's Public Works Department, and as described on Exhibit "A" attached hereto. b. Owner shall maintain the 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 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. Encroachment Agreement Page 12 d. That should City be required to enter onto said Right -of -Way to exercise its primary rights associated with said Right -of -Way, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, City may remove portions of the Permitted Improvements, as required, and in such event: i) City shall notify Owner 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 the Permitted Improvements affected by such work by City. iii) City agrees to bear only the cost of any removal of the Permitted Improvements affected by such work by City. iv) Owner agrees to pay all costs for the renewal, replacement, or restoration of the Permitted Improvements. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is Owner, City may enter upon the Right -of -Way and remove all or part of the improvements installed by Owner. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. In the event of litigation, commenced with respect to any term of condition of this Agreement, the prevailing party shall not be entitled to reasonable attorneys fees and costs incurred. 6. Owner shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the Permitted Improvements. 7. Owner 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 Owners' interest in the land, whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. 8. 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. Encroachment Agreement Page 13 9. 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. 10. 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. 11. 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. 12. 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. 13. If any term or portion of this Agreement is held to be unenforceable by a court of competent jurisdiction, this Agreement shall continue in full force and effect. invalid, illegal, or otherwise the remaining provisions of Encroachment Agreement Page 14 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: !L. ;'L By: i'. . l- (Of Aaron C. Harp, City Attorney ATTEST: Date: By: I _� Leilani Brown, City Clerk CITY OF NEWPORT BEACH, a California Municipal corporation Date: a- .By: I ,�s --fin Dav ff, City Manager OWNER(s):II Date: --I 12- 12 By:—NLw — , Ti -..a? Marshall Scott Solomon, Trustee The Solomon Revocable Living Trust Date: -711;?- it 2 By ✓ l OL c 4U '4/� -r rke- M ria Lee Solomon, Trustee The Solomon Revocable Living Trust Owners must sign in the presence of notary public ATTACHMENTS: EXHIBIT A —Plans as approved by Public Works llcnb- 2005luserslpbw lsharedll- encroachirow agreements1201202012 -0166- 1539 sylvia lane.doc Encroachment Agreement Page 15 CALOFORNBA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of UE'ay G C� On ,Q"3L l `� 1ct a before me, l v y,- L�,1 e-E-s�, `�I 0 V!U P01011-C. Oato _ Mere Insert Name: and Title of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the personWwhose narnako is lard subscribed to the within Instrument and acknowledged to me that he /sfv_d/tbq executed the same in his /he#03eif authorized capacityW, and that by his /het`/ttlefr signature(ey on the instrument the person(s), or the entity upon behalf of which the personjsfacted, 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 d official seal. Signature: _ Placo Notary Son; Above Signature of No iry I th le OPTIONAL Though the Information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of-Document: Document Date: .Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L1 Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Tor, of Thumb here • Attorney In Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing:. Signer's Name: ❑ Corporate Officer — ❑ Individual a • Partner — ❑ Limited ❑ General Top of Thumb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1� 0 2010 Nallonal Notary Assoemflon • NalonalNotary.brg • 1 -800.Ua NOTARY (1-800 B7 6,6827) Item 45007 ACKNOWLEDGMENT State of California County of -e _) ss. J /�. On -7- l L / Z before me, Notary Public, personally appeared / / /'YA't l 's7c vm a'1 ,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. , _- _ _ _ JULIE ffIDD. WITNESS my hand and official seal. commiselon n 1966686 L1@WW:V:VM4`::MM tart' Public - California Orange County . EN Ires Feb 6, 2016+ i Signa (seal) ACKNOWLEDGMENT State of California County of �� g� ) ss. On before me, Notary Public, personally appeared Maria- � orno 7 ,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. WITNESS my hand and official seal. / � Sign re (seal) JUL" "0) Commission a 1968896 Notary Public - California Orange Counly _ Encroachment Agreement Page 16 WM CMRB DRAIN YL LANE A. VCIP RLATERAL ARTY LINE, ! _ a TRUGT G.O. P P GI 15D 57 2P-OP. $ NEW 5EW-=R PER AND CPC STANDA 5 ---*=- h P.A'i _ I& 9� E). CC NGRETE CURB GUTTER (E)NG DEMRAI �. U Iw. - TURF and (O I' I (E) SEWER i0 t- PLANTED AREA L�.TERAL I,: In• I i S.F. w I i IJ. ADD 90 a9b i I TO 19T FLR I ^ ADD 875 S.F. �3 rTO 2ND FLR. O I p ,"RR; The Solomon Revocable Living j m /(E) - BRIGK WALK. IE! MAILBOX PILASTER AND PICKET TnIst I �� FENCE IN R. TO REMAIN- A CITY ADD"SS- 1539 Sylvia Ln ADD 17'S•F. m ENCROACHMENT AGREEMENT IS R13QUIIM NewportBeaoli, CA 92660 i I To GARAGE 1 .. N NEW 0TTOMLE55 - - TRENCH DRAIN AT -i, ppon RTY LINE ! w DETAI 8 1A -1 Z_ •> EXISTING ; j E 0 E _ qYQ I 296 N 10° WIDE Exhibit "A99 Sheet 1 of 1 N2012 -0166 p =90° R =18' L = 28.27' tY9 � U1 t4i22....a� ♦ _ �J d. .OPE 1% MIN_-- _ -~ - -^ 710.00' I EXISTING STREET L GHT AND (E1 5' HIGH ELECTRICAL VAULT WOOD FENCE T_O 18'-0' • s •YUE���\`� � tiH v iLS 6� ,� Visa y F 'y it y�v` k tii � Q -., t r Agenda Item No. 5 June 26, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Socheata Chhouk, Associate Civil Engineer APPROVED: A TITLE: Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane ABSTRACT: The property owners at 1539 Sylvia Lane„ Marshall Scott Solomon and Maria Lee Solomon, Trustees of The Solomon Revocable Living Trust, are requesting to retain private, non - standard improvements within the Sylvia Lane and Beryl Lane public rights - of -way, which include a brick mailbox pilaster and wooden picket fence, with varying heights up to 2 feet, 10 inches and encroaching up to 5 feet, 3 inches into the public rights -of -way. RECOMMENDATION: Waive Council Policy L -6, "Private Encroachments in the Public Rights -of- Way ", to allow the existing brick mailbox pilaster and wooden picket fence, all of which encroach in excess of one foot into the Sylvia Lane and Beryl Lane public rights -of -way, provided the property owners enter into an Encroachment Agreement with the City to maintain these private improvements within the public rights -of -way and that all conditions of the Encroachment Permit process are met. Authorize the City Manager to execute the Encroachment Agreement." FUNDING REQUIREMENTS: There is no fiscal impact related to this item. All improvements will be funded by the property owners. Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane June 26, 2012 Page 2 DISCUSSION: Along the Sylvia Lane and Beryl Lane frontages, the property currently has a brick mailbox pilaster and a wooden picket fence. The property owners have requested to retain these existing private, non- standard improvements in the public rights -of -way. The brick mailbox pilaster is 19" by 22" wide and 51" high and is located at the back of curb. The wooden picket fence is 30" high. The wooden posts are 34" high. The fence encroaches up to 5' -3" into the right -of -way: The property line is T from the curb face. These existing private, non - standard improvements violate Council Policy L -6, Section A, Item 1, which prohibits private improvements to encroach in excess of 1 foot into the public right -of -way: The property owner is asking City Council for a variance to Council Policy L -6 under Section G. The variance will not impact the ability of people to exit parked vehicles. The fence is located 21 -22" behind the curb face. Typically, the City requires 18" behind the curb face to be clear for passenger access and vehicle door swing. There are no existing City utilities within the parkway and the proposed encroachments do not impact the public interest. These private improvements do not diminish the rights of the public, present and future. Presently, there is no public sidewalk along the Sylvia Lane and Beryl .Lane public rights -of -way and these two roadways have not been identified as a Significant Link Street in the City's circulation system (Resolution No. 88 -88). An Encroachment Agreement would permit the City to terminate rights granted at any time in the future and could require removal of the non- standard improvements within the Sylvia Lane and Beryl Lane public rights -of -way. 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. 0 Request to Retain Private Improvements in the Public Right -of -Way at 1539 Sylvia Lane June 26, 2012 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). Submitted by: ffi'"G. Badum Works Director Attachments: A. Area Map B. Project Plan C. Photos of Private Encroachments D. Council Policy L -6, Private Encroachments in Public Rights -of -Way E. Letter from Property Owners 3 liki n E H H k w o+ o W T n y D m N N D � O p, O � O C L N _ 4, � V Ak`a r r Qt 1 r � fad rfi S '�t .� m � �1br 4, / '� �° >� a3 �c•a ��„ +wt , *rr jj into g':` l f 11 4 ors i j, x ✓, lr ti 1001, ✓' ', r rr Y s '`r O l F ; g F hrj 6 r ? x, s�•c• f d `� x a0� 7/ 0� �a`•� \`x�l d vl \e 9""—, 4 J r" n A ✓ e-J S r �, ,��3 t+ tig u+ " i(+r JKk., `vi 't it�°�4ai, "ea .!{'�� -'"'S a,,,� a. o �q� i• � h �� q' l' 1. ey 1 q 5 CA, Vffixtff-.9 TIP ';, 0 EXHIBIT B - PROJECT-SITE PLAN R� L LANE CURB DRAIN I b' P.A. I I10' qEW I TURF and I O (E) SEWER •iN' v. • PLANTED AREA '0• 0 PC NH �. LATERAL 'gip'% ' . . r I 1J_ I ADD 30 S.F. �.w 2% TO 15T FLR I (, .� •' ADD 875 S:F. 13 I P � TO 2ND FLR L, r LO J� I I /(E) BRICK WALK / / \\ ADD 17 S.F. P.A. I ' �TO GARAGE — i N • ; I L EXISTING s w �GARAGE� � -- - -- `l J - - - - -- - y 2% :D SLOPE 196 MIN E 110.00' (E) 5' HIGH WOOD FENGE I w z r� Illy a —CORIBE GUTTER i I (E). W< OD W —FENC TO . REI"IAI I . Q I I G 1^ ! v1 (E) MAILBOX PILASTER AND PICKET FENCE IN R.O.W TO REMAIN- A CITY ENCROACHMENT AGREEMENT IS REQUIRED KIT 611VC 3 /A -1 O a :)NC, TO I EXISTING STREET L GHT AND ELECTRICAL VAUL - p = 900 R =18' S.F. t L = 28.27' L (SEWER LATERAL 7 2.0 PROPERTY LINE (Y q _ ' _ CONSTRUCT G.O. P R Gt 15D;; bDa ON -1R9. p� A'1vjJ E RI V. PROP. $NEW STANDAR EW9R PER Ct4N D S _ 9N I b' P.A. I I10' qEW I TURF and I O (E) SEWER •iN' v. • PLANTED AREA '0• 0 PC NH �. LATERAL 'gip'% ' . . r I 1J_ I ADD 30 S.F. �.w 2% TO 15T FLR I (, .� •' ADD 875 S:F. 13 I P � TO 2ND FLR L, r LO J� I I /(E) BRICK WALK / / \\ ADD 17 S.F. P.A. I ' �TO GARAGE — i N • ; I L EXISTING s w �GARAGE� � -- - -- `l J - - - - -- - y 2% :D SLOPE 196 MIN E 110.00' (E) 5' HIGH WOOD FENGE I w z r� Illy a —CORIBE GUTTER i I (E). W< OD W —FENC TO . REI"IAI I . Q I I G 1^ ! v1 (E) MAILBOX PILASTER AND PICKET FENCE IN R.O.W TO REMAIN- A CITY ENCROACHMENT AGREEMENT IS REQUIRED KIT 611VC 3 /A -1 O a :)NC, TO I EXISTING STREET L GHT AND ELECTRICAL VAUL - 1 II 1i F2 le-lh A F40, 1 j,, a IA EXHIBIT D- COUNCIL POLICY L -6 M PRIVATE ENCROACHMtNTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the Gty that "the public A are to be reserved for public use or open space; and that the rights of the public; present and future, are norto be diminished by the installation of private improvements within the public ,rights:-& - way. Categories of private encroachments and improvements are listed below; together with the permit requir.ement'for each category. A. Private enaoachrnents prpWig d; 1. Structural encroachments not otherwise listed, ineludmg but not I to, fences, wedip, patios,, hised planters, etc" which encroacli'm excess`of I foot. :into the public nght of dvay, or exceed 3 feet ' in heigt►t, measured from "the top, of °curb elevation /or <from sidewalk eleuahon:syhere sidewalk exists. 2. Diiveway approaches iot- conforming to:CouhW Policy Lr2. 3. Ocean front street end, or Bay front street 'end improvements mot C046 to- Policy Lr8. 4. Ocean front alley end iinprovements not conforming to Council Pblicy L=8. 5. Modificatio its 'to ongu►al design con- PIT ts ,approved ^.by. ieePy. 6: Private signs except as provtded for m the Builduig'Coie. 7. Lighting. 8. Paikway surfacing of loose rock .gravel, or any surfacing other :than standard or colored %textured :concrete or flat stone /brick ms' W' Jed at grade and grouted, 9. Private dwellings and appendages including raised patios and decks; except as provled.for in this section' and the Building Code. 10. Pay telephones and;privaie mail carriers drop boxes. ti E Private encroachments requiring an encroachment permit and if - applicalle an eneroachirient agreement from the L'ablic Works Department and General Services Department appioval. 1. Tree planting andrenoval. 2. Shrub plan ting and A!hi6val. 3 Median' 'if in the „opinion ,of the General Service being tnaintaune3 for view and safety Abatement " of the,lVlurucipal Code shaIIb C. applicable ad 1. Drive = approaches confonvng to Council I?ohcy L 2. 2. Standard sidewalks. 3.: - Carnage walks: 4: Parkway surfacing (standard colorea xt or :flat stone /back) uistalled ai grade (subject -to General Seavices Depart nerit review for tr&ivell locati6r ): 5. CATV and pubhc u"tq facilities: 6. Strflctvral encroachments riot otherwise listed, uicludung b "it root limited. to, fences, walls, patios; rahs a planters, ek , which encroach Y foot or less into the public right- of=way, if howeve, m ttie opuuon of the &'ublic Works Department, the nature or locaison of this type of encroachment is :S,& i :that Council review v."warranted, the Department may forward the t0 the C6i*. .action. 2 I-z- M 7. Mail,boxies, when required by ihe'U.S.PoAal Service. The front of mailbox shall be aligned in the same vertical plane as the back of 'the curb. Mailbbjc base construdion'l-en'gth shall not exceed the length of,the mailbox, or 24 . inches,,ivbichever is less. I 8. The placement of utility pedestals sbAU be at the back of sidewalks on 4 shall I arterials and major pedesfrian.tboroughfares without zero setbacks: In h. e commercial areas there . sha, ll be at least 4 feet 6f'deAr sidewalk w idt h d /orp- destals,shalI, placed in he oiagae of walk area:• 9. Ohein connecting to 6r,reloci M9 ift public utilities. .". D. Private -encroachments re" ' " " - ' Iaq hment Permitifrom the Public Department encroachments I � quwing an , - , - i 1. � . - .1 1 . I � " D6artment and subject to the execution o an agreement for' 'non standard improvements. , 1. a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachin.ents on'Balboa island along South , pay Bay Front „ Grand. Canal, and . I Front, North Va ift areas follows. a. Planters that do .not ,exceed 1, foot ,, a' Wi4dft'2U.69, of the back of '- - .J 5p... `. Pl. . a..h..b...i.d . 't,h,..,gr cover: . shrubs not -t oe*c� 2 ic&t n .4 . ine e.,ure, A o. eleyatio b. Fences with a rni'Mirn U-M.setibaickof'2;- 6"-from back oftideivaik. For patios constructed at grade :elevaho to 1' Ab&?e sidewalk &ad,-- elevatiM ;Fences . ' *_ . r, i I y be 3' high above sidewalk gr a&i6c6nfq' with `Budding and i” q-ode Regulations. ii. For patios constructed, ' greater ib6v gre;k, ?r than .1 6 sidewalk grade elevatioN* Fences must be set back a minimum of 3' -from, 3 1,77 E back of sidewalk; •not exceed 2'-6" ,in,h6ij it aUove tie patio, have at least 40% wisibihty'through -them, and „ not to ;exceed 4' in height above' exvstiug. public sidewalk grade. C. Patios with a,n nimum setback cif 2'4' from the back of sidewalk: L 3. Structural encroachments 491 otlierwase .l. . tC - d which do not exceed three (3) feet Kheight including but not limited to fences, walls, patios, and raised planters in public nghts of ways m areas; that are five ;(5) feet behind the'face of curb'!on the following streets: a. Southerly side of West Bay Avenue lietw $th Street and;,i5th Street. E. Private encroachments not iequuu►g a: permit: 1; Faz way lawn and ground cover. 2., Pazkway sprinkling systems. 3: Use of public streets •an projections over public property wlucl are covered by the Urufor i Building Code under a �vand building pe u t issued 1>y the City. 4 IA- I r F. Application for ally J AuPU Depot ft the p",qopd pland�,t€ pe=�. required klnoi submission the C#3 it :shall be proce sse( ,G; init as r it on a form work and tt section A, It )ijhcit �Iflhe Im -01e tow jr a ,kale. I granted nl esp Ithifi. "."bt with e pu c , 1 -1 5 16 5 1 E EXHIBIT E- LETTER FROM PROPERTY OWNERS MARSHALL d& MARIA SOLOMON 1539 SYL P IA LANE NB1WPORTBEACH, CA 92660 (949) 631 -6753 June 4, 2012 Dear Newport Beach City Council Members, We are constituents of yours living in the Dover Shores area. We have been working with the Public Works Department at City ]-fall to find a way to resolve a small matter involving our property. We recently completed a remodel of our home on Sylvia Lane (in the sister streets portion of Dover Sbores). In connection with our final sign -off, the city raised an issue regarding a front IaHn fence that we have on our property that sits on an easement. Councilman Bill graciously helped us to remove resolution of this issue as a condition of our final construction sign -off with the understanding that we would still apply for an encroachment permit and put the matter before you, the City Council. We are now appealing to all of you to grant the encroachment permit for the reasons outlined below. As we arc on a comer, the fence itself protects our front yard from both Beryl and Sylvia Lane. We have 2 young children and a dog and a number of the neighborhood kids love to play on the large olive tree sitting in our front yard. Therefore, the fence itself serves a very valid purpose in protecting everyone from cars and passersby. The fence itself has been in its same location since at least 2001 as the aerial photos will attest. As you can see from the enclosed pictures, the fence is no more than 3 feet high and is in very good shape. We understand that the fence sits in an casement. As you may know, our neighborhood does not have sidewalks and it is our understanding that the City has no plans to 'install them. Certainly if the City ever decides to build a sidewalk, it would be our responsibility to pay for the removal of the fence as it is an encroachment. Given the fact that fence has been in the same location for a number of years, the fact that City doesn't have any plans to build sidewalks in our neighborhood, the size of the fence, etc. it is our understanding that all City officials who have reviewed this case to date agree with the recommendation to allow the fence to remain "as is" and we appeal to you to do the same. Thank you for your consideration. Sincerely, Marshall Solomon Maria Solomon t7