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Home My WebLink About28 - Encroachment Agreement for Construction and Maitenance of Private Improvements within the Santa Ana Avenue Public Right-of-Way Adjacent to 3000 Cliff Drive, Newport HeightsMarch 22, 1993 CITY COUNCIL AGENDA ITEM NO. 28 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE SANTA ANA AVENUE PUBLIC RIGHTS-OF-WAY ADJACENT TO 3000 CLIFF DRIVE, HEIGHTS. lJe'_v /1' OWNERS: Bill and Fran Bennett RECOMMENDATIONS: 1. Deny the application; or 2. Approve the application subject to: a. Execution of an Encroachment Agreement for non-standard improvements. (1) Authorize the City Manager to execute the Agreement; (2) Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. b. An Encroachment Permit from Public Works Department. DISCUSSION: The Bennett property, located on the northwesterly corner of Cliff Drive and Santa Ana Avenue, originally had an existing 4' wide public sidewalk constructed along its Cliff Drive and Santa Ana Avenue frontages (see Attachment "A"). During the holiday weekend of July 3, 1992, the sidewalk along the Santa Ana Drive frontage was removed by the property owner or his representative without City approval. By letter, dated July 6, 1992, the Public Works Department notified the property owner to replace the sidewalk at his earliest convenience (see Attachment "B"). Subject: Encroachment Agreement for Construction and Maintenance of Private Improvements within the Santa Ana Avenue Public Rights -of -Way adjacent to 3000 Cliff Drive, Santa Ana Heights March 22, 1993 Page 2 The property owner responded with a letter, dated July 27, 1992, stating that Architect, Brion Jeanette and Associates would be handling this matter (see Attachment "C"). Along the Santa Ana Avenue frontage the parkway is approximately 22' wide and City Council Policy L-6 permits limited private encroachments to be constructed provided the improvements are constructed a minimum of 8' behind the existing street curb and the fence does not exceed 3' in height. It appears that the sidewalk was removed so that the owner or his agent could construct private improvements within the public right-of-way. The owner is requesting that he be permitted to remove additional sidewalk and construct a 36" high fence that will encroach 13'-3" and tree planters that will encroach from approximately 15' to 19' into the 22' wide Santa Ana Avenue parkway. These improvements are shown on Attachment "D". In lieu of replacement of the sidewalk along the Santa Ana frontage, the Bennetts are offering to donate three trees for the Cliff Drive park (see Attachment "E"). In total 95 feet of 4 foot wide sidewalk would be removed. This would cost approximately $1,000.00 to replace. Council Policy L-6, "Private Encroachment in the Public Right -of -Way", requires prior approval of City Council for private structural improvements such as retaining walls, raised planters, stairs, etc., in public easements or rights-of-way. If approved, the Encroachment Agreement will allow construction of the proposed fence and planters within the public right-of-way as approved by the Public Works Department. Benjamin B. Nolan Public Works Director DH: so Attachments CI1-Y OF NEWPORT BEJ^GH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 July 6, 1992 Mr. William B. Bennett 3000 Cliff Drive Newport Beach, CA 92663 Dear Mr. Bennett, It has come to our attention that you have removed the public sidewalk on the Santa Ana Avenue side of your property at 3000 Cliff Drive. It appears that the work was done over the holiday weekend of July 3 - 5, 1992. Please replace the walk at your earliest convenience. It will not be necessary-- to apply for a permit- for construction of the replacement walk however -please have your contractor call for inspection when the forms are complete. Very truly yours, G. Dunigan, Jr. Field Engineer ATTACHMENT "Bn ,. ALLEY 01 3 4 3 E0. t ; Y (��I•t. -- -e. FW Z Q 0 i LL' 4 • s• al e ; ':• MW II l :. a � � a ( 1z, g vet �I I C - 26 CLIFF DRIVE 0 H U) H W II i tl� -, I ; Y w FW Z Q A ce h a Z +( I a Z a N *( f nl C ATTACHMENT "A" LAW OFFICES FRAN R. FAGEN ATTORNEYS AT LAW PLAZA DEL LAGO 17220 NEWHOPE STREET SUITE 101-102 FOUNTAIN VALLEY, CALIFORNIA 92706 (714) 241-9625 • (714) 241-7212 FAX (714) 435-9767 July 27, 1992 City of Newport Beach Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca. 92658-8915 Attn: Mr. G.P. Dunigan, Jr. Re: Bennett Residence 3000 Cliff Drive Dear Mr. Dunigan: In reference to your letter dated July 6, 1992, please be advised that we have retained the architectural firm of Brion Jeanette & Associates to assist us in handling our proposed landscape renovation. Mr. Jeanette is currently working with Mr. Don Webb on encroachment plans for our property, and I believe that we should be notified shortly of the results. If you are in need of any further information or clarification, please contact Mr. Jeanette, who can be reached at 645-5854. Thank you for your courtesy. Verr truly ours, ra 'Ly FF/lh cc: Mr. Brion Jeannette 1 41 4/V4 2 j �9 A 2 ATTACHMENT "C" �NG;rI por�P•:. �: - - x iii'• U 2 IN r +� t °a Lh i 640, . � � , • : " 5�E et:Thl�. I'ITTOSrOF . TOO, O i e r H VA l FiaATP• - + 30 � HI Of ►-� `t 2. •� . I �- 3 b.�o im co Aw 4 R-A�c 4:6. Five Alopmr � -\?ktgGYal.w.Yf�+V:k1a�1.TQ 4 � CO) U _ • nw� p�1 � W WH a P. ta ATTACHMENT "D" BRIon1. JEAnnETTE & AffOCIATU inn ARCHITECT!/ PLAnnER! March 9, 1993 Don Webb Public Works Dept. City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Calif. 92659-1768 Re: Bennett Residence at 3000 Cliff Drive Dear Don, This letter is to confirm our telephone conversation on 3/5/93 regarding the Bennett's side yard improvements. It is the Bennett's intent to donate three trees for the Cliff Drive park in lieu of replacement of the distressed sidewalk that was on the Santa Ana Avenue side of their property. Council policy L-6-1)(1) allows residents the ability to improve their yards up to 8'-0" from the curb. We hope our suggested improvements meet with your approval. ank you, P n jeatntteVArhitect CC: Bennett/Fagan r RE I EIV,p MAR g � Members R.I.A. 470 N. Newport Blvd., Newport Beach, California 92663 • Phone 714/645-5854 • FAX: 714/645-5983 ATTACHMENT "E" "RECEIVED AM AGENDA PRINTED:" _._._.--'21,2- F_.�...._.._ Nion f JEAnnETTE & AffOCIATU inc, ARCHITECT!/ PLAnnERf March 22, 1993 Dear Don: Some new issues have been brought to our attention that I feel needs further review regarding the Bennett Residence. A continuation to the next City Council Hearing would be appreciated. Thank you for your assistance in this matter and please do not hesitate to call if you have further questions. ncerely, Brion S. e nnette Architect .I.A. /rg A Members A.I.A. SNUOM 3nand C1�C1 Z Z (13A13338 470 N. Newport Blvd., Newport Beach, California 92663 • Phone 714/645-5854 9 FAX: 714/645-5983 Don Webb City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: City Council Agenda Item #28 8 Bill and Fran Bennett 3000 Cliff Drive Dear Don: Some new issues have been brought to our attention that I feel needs further review regarding the Bennett Residence. A continuation to the next City Council Hearing would be appreciated. Thank you for your assistance in this matter and please do not hesitate to call if you have further questions. ncerely, Brion S. e nnette Architect .I.A. /rg A Members A.I.A. SNUOM 3nand C1�C1 Z Z (13A13338 470 N. Newport Blvd., Newport Beach, California 92663 • Phone 714/645-5854 9 FAX: 714/645-5983