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Home My WebLink AboutN2017-0120City Newport Beach IIII IIIIIIIIIIII IIIIIIIIIIIIIIII III IIIIIII III N2017-0120 K��.N''`'y�� Permit No: \!r ach, CA 926so N 2 0 1 7 0 1 2 0 Permit Counter Phone (949)644-3311 Project No . 0984-2016 ` r Online Inspection Request - www newportbeachca gov / Online Services '`"�" "�`�` Inspection Requests Phone (949)644-3255 Job Address: 365 NEWPORT GLEN CT NB Thomas:Guide: 889C2 Description : Council staff report for approval of pool installation within existing flood control easement. UPDATED 5/1/17 (KC): Encroachment Agreement aWANNED construction of pool within said easement. UPDATED 5/18/17 (KC): Survey report to be provided to the Building Inspector out in the field prior to gunite inspection. Parcel # : 4392-323-1 - Legal Desc : N TR 9776 LOT 6 Owner: BEYRATH JEAN-FRANCOISE/PEREZ JUDIT TASSO Contractor: SUNSET OUTDOOR CREATIONS INC Phone: 0 Phone: 951-371-5888 Address : 365 NEWPORT GLEN CT Address : 1159 POMONA RD STE D1 NEWPORT BEACH, CA CORONA CA 92882 Contractor State Lic: 774807 Applicant: SUNSET OUTDOOR CREATIONS INC License Expire : 03 31, 2019 Phone: [ Address Business License : BT30050902 Business Expire : 04 30, 2018 Special Cond.: COUNCIL APPROVED ON APRIL 11,2017. Workers' Compensation Insurance - - ENCROACHMENT AGREEMENT ATTACHED Carrier : EVEREST NATL INS CO PRE -JOB MEETING REQUIRED. Policy No : 7600009762 W. C. Expire: 09 20, 2017 Permit Processing Fee : $0.00 Sewer Connection : $0.00 Total Fee $1,147.00 Agreement Fee : $817.00 4TT Box Cover $0.00 Paid : $1,147.00 Traffic control Plan Check : $0.00 Total Water Meters : $0.00 Balance : $0.00 Inspection Fee : $330.00 Water Meter Connection : $0.00 Receipt No: �C_ Refundable Deposit: $0.00 Total Water Meter Box $0.00 Street Tree Fee : $0.00 Adjustment : $0.00 Processed By: Date: _/_/ Other Department : Date Utilities Approval : Date. _/_/ Permit Denied Date Traffic Approval : Date: _/_/ Issued Permit ram"" Date General Services Approval . Date: _/_/ POW 1 ., ,.. - _::. e ,.t',.jam• •. ?. ; „� PI ,., d� COMPLETE THE BELOW INFORMATION PROJECT ADDRESS: 5 r 6'ck COu,-fi DETAILED DESCRIPTION OF PROPOSE WORK: APPLICANT: S Phone: qsr 3 41 S" g 960 Email Address: � � 0.00wo,L : ecs.- Mailing Address: City/State/Zip: OWNER: ' 1 Phone: 4 et o3' Email Address: Mailing Address�6g tJ� jl /' CitylState/Zip: Z &/4O ALL CONTRACTOR INFORMATION IS REQUIRED -PLEASE COMPLETE CONTRACTOR:.3u Olyt �'� e� �„ Office Phone: S' 2 7 I S"�? g Company (if different): Jobsite Phone: 1 Other Phone: Email Address: �q �� c �, _ _ _ t �' Lti' Mailing Address: �� , City/State/Zip: c�� ( 2 �� State License Number & Class: g3 7 7 C o , Expires: D3 1 1 City Business License Number: 'MU 2 Ex Tres: 41 3O1-1 WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code) Com an ES7' - Policy No: oo o q 76216 x ires: q. 7,3 - I Municipal Orations: 949-644-3065 Utilities: 949-644-3011 Urban Forestry: 949-644-3083 "FOR OFFICE Ua ONLY Special Conditions of Permit: CCY" `� Yf l�A ADDITIONAL APPROVAL REQUIRED FROM THE FOLLOWING DEPARTMENTS Utilities: Traffic: Fire: Municipal Operations Other: Engineering Technician: tv`. Permit Specialist Date: S�Ik�11 Permit No. N2017- 0120 f /users/pisters/epworksheet As Public Works Department 949444-3311 100 Civic Center Drive, Newport Beach, CA 92660 Permit Processing Fee: Q Public Works Only $241.00 Other Department $275.00 Agreement Fee: Preparation of Report/Agreement $817.00 ' Document Recordation Fee $192.00 Monitoring Wells $502.00 Inspection Fee: CIty. Public Works Field Inspection $165.00 01) Utilities Field Inspection $121.00 General Services Inspection $165.00 Water Quality/Artificial Turf Inspection $108.00 Refundable Deposit: TBD Improvements TBD Street/Alley/Walk Closure: $65.000 Newspaper Rack Inspection $108.00 I� Traffic Control Plan Check 8-1/2" x 11" $65.00 Sewer Connection Fee $250.00 24" x 36" $143.00 4TT Box & Cover $64.00 Additional _J I TFOLWING ITEMS REQUIRE APP HE LO ROVAL FROM THE Division I 1 REVENUE DIVISION PRIOR TO PAYMENT OF FEES 19evenue Approval: 1 1 Qty. Qri' Water Meter: , Installation Charge $528.001 I 13/4" Meter $50.25 Water Meter Boxes: 11" Meter $121.50 For Parkway & Sidewalk Area (Box + Cover = Cost 11 1/2" Meter $285.00 1" Meter: 13.00 + 37.00 $50.00 1 11 1/2" Turbine Meter $700.00 2: Meter: 27.00 + 61.25 $88.25 12" Meter $425.00 12" Turbine Meter 13" Meter $845.00 $3,310.00 For Traffic & Alley Areas (Box + Cover = Cost) 1" Meter: 13.00 + 38.00 $51.00 1 14" Meter $4,730.00 2" Meter: 27.00 + 162.00 $189.00F 16" Meter $7,190.00 Qty. Budget Number Certificate of Compliance Fee (+100% of My over 3 hrs) $288.00 5200-5029 Development Services Fee (Plan check hourly) $155.00 5200-5015 Final Tract Map Checking Fee $2,488.00 5200-5026 Final Parcel Map Checking Fee - Moderate $2,488.00 5200-5027 Lot Line Adjustment Fee $1,079.00 5200-5028 Park Dedication Fee Zone TBD 405-470 Street Easement/Vacation Fee (+100% of My over 4 hrs) $1,022.00 5200-5031 Street Tree Fee ($700 Planting Fee) TBD 030-2284 Engineering Tech: Total Amount Due: For Finance Use Only ��. &'1,t4l-oo Permit Specialist Receipt No. f /users/pbw/shared/encroach/masters/ep front and beds masters/ Rev. 1/5/2017 epfeesheet x1s-revised 10/21/2016 pC Cq � 4 - 2-ci (o ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR Contact "Underground Service Alen`." At Least 48-Hours in Advance of Any Excavation at 800-422-4133 TERMS AND CONDITIONS OF ENCROACHMENT PERMIT 1 Encroachment Permits may be taken out by the owner of benefited property or a licensed contractor A licensed contractor must provide a Letter of Authorization" to allow another party to pull a permit An approved copy of the permit and construction plan shall be kept at the job site at all times Work, which has been done prior to issuanomf a permit, is subject to rejection/fine City reserves the right to void permit if work does not commence within 30 days after date of issuance 2 The Permittee agrees to defend, indemnify and hold the City, its authorized agent, officers, representatives and employees harmless from any responsibility liability, suit or action of any description arising out of any accident, loss or damage to persons or property occurring as a result of work undertaken under this permit 3 All work shall be done in accordance with the approved plans, Standard Special Provisions and Standard Drawings of the City of Newport Beach and in compliance with all applicable State laws and City ordinances 4 Permittee guarantees all work performed under this permit to be free of hidden and latent defects Any failures shall be corrected within two weeks after notification to the satisfaction of the Public Works Director 5 A valid State licensed contractor must perform all construction within the public right-of-way, unless waived by the Public Works Director A valid State Contractor License Class A can perform any work in the public right-of-way For construction or connection to water Imes a valid State Contractor License Class C-34 is required For construction or connection to sewer lines a valid State Contractor License Class C-42 is required 6 All trenching and/or resurfacing shall conform to City Standard 105-L for parkway/roadway and City Standard 140-L, in the alley, where a minimum half -alley width resurfacing shall be provided, unless otherwise directed by the Public Works Dept Contractors shall obtain permits to perform excavation or trench work from the California Division of Industrial Safety prior to commencing underground construction as required by State law Walls and faces of all excavations over 5 feet in depth shall be protected by a shoring system, sloping of the ground, or other equivalent means Trenches less than 5 feet in depth shall be guarded when hazardous ground movement may be expected 7 The Public Works Department Inspectors must inspect all work in the Public right-of-way Forms and subgrade must be inspected and approved before concrete is ordered/poured Sewer pipelines, and subgrade construction must be inspected and approved before backfilling, or applicant may be required to excavate site Separate Utilities Department or General Services Department inspections may be required depending on scope of work performed 8 All trench restoration must be inspected by the Public Works Department No utility installation(s) shall be allowed over or within 5 feet of any City utilities unless approved by the Public Works Department Locate and pothole existing City -owned utilities tie water sewer or street lighting conduits) to verify locations Maintain a one -foot clearance over or under existing City -owned utilities Sewer cleanouts require VCP or PVC SDR35 be used with a 4TT box over the riser 9 Properly lighted barricades must be provided and maintained around all trenches excavations and obstructions All signs, flags, lights and other warning and safety devices shall conform to the requirements of the current "Manual of Warning Signs Sights and Other Devices for the Use in Performance of Work Upon Highways" issued by the California Department of Transportation If needed 'barricades can be obtained from the City at a charge of $10(�0 per barricade per day with a minimum charge of $35 00 It is the responsibility of the applicant to place barricades to protect the general public Access to fire hydrants must be maintained at all times 10 Work within or near beach sensitive areas will not be allowed during City holidays spring break Memorial Day weekend, summer between June 15 and September 15 and during the holiday season from December 19 to January 1 unless approved by the Public Works Department 11 Any work that extends into traffic or parking lanes and impedes the normal flow of traffic requires the applicant to acquire a Temporary Street Closure Permit from the Public Works Department Access for fire police and emergency vehicles must be maintained at all times Traffic Control must be per Work Area Traffic Control Handbook (WATCH) No nighttime traffic lane Closures unless prior approval has been granted Any lane(s) closure on a major street will only be allowed between 9:00 a.m. and 3:00 p m. (Monday thru Friday) unless approved by the Public Works Department Any work affecting the State Highway's traffic or within the State Highway right-of-way will require a Caltrans Permit All vehicles shall be lawfully parked 12 This permit does not authorize the closure of sidewalks streets, or alleys for construction access storage of materials, or parking of construction vehicles unless detailed on an attached temporary Street Closure 13 Applicant must notify USA at 1-800-227-2600 2 days before starting any underground construction. Applicant must notify all affected residents 24 hours in advance of restricted access and any inconveniences 14 Refuse or unused materials shall be removed within 24 hours after completion of the work If not removed, the City may remove and bill the applicant Coordinate alley closures with City's refuse pick-up days by calling 949-644-3066 for the collection schedule so service is not interrupted To place a dumpster or materials in the public right-of-way, a Temporary Street Closure Permit must be obtained from the Public Works Department WORKER'S COMPENSATION INSURANCE (Section 3800 Labor Code) I certify that I have a Certificate of consent to self -insure, Certificate orker's Compensation Insurance, or a Certified Copy thereof._ Date: — . 18 _ IT- Signatu CERTIFICATE OF EXEMPTION (Section 3800 Labor Code) I certify that in the performance of the work under this permit, I shall not employ any person so as to become subject to California Worker's Compensation Laws. If, after signing this certificate I become subject to the Worker's Compensation provisions of the State Labor Code, I must comply with the provisions of Section 3700 or this permit shall be deemed revoked. Date: Signature: CONTRACTOR LICENSE EXEMPTION As the Owner of the benefiting property, I certify I am personally performing all work in the Public Right -of -Way. Date: Signature: HOLD HARMLESS STATEMENT I understand that I am locating minor encroachments within the City Right-of- Way/Easement. As property owner it is my responsibility to maintain the encroachments. I will be responsible for replacing the improvements if the City removes them for maintenance of utilities or other public need. I shall indemnify and hold the City harmless for any liability associated with the minor encroachments. Date: Signature: 24-hour notice for Encroachment Permit Inspection is required by calling I Public Works at 949-644-3311. �� 15 Any above ground utility facilities will require documented approval from the adjacent affected property owner(s) 16 Homeowner, contractors, and subcontracotrs may each be liable for violations of Water Quality Laws Best Management Practices will be enforced It is against the law to discharge construction debris into the gutter and storm dram Felony violations of VVa!er Quality Laws are punishable by fines up to $25,000 and/or up to three years in Slate prison plus the full cost to clean up an illegal discharge or spill 17 If a refundable deposit was paid, applicant must submit a Soils Compa( tie-/ Certificate or Evidence of a Slurried Backfill and request a final inspection from the Public Works Department Monies may be held for six months after final inspection before a refund will be processed 18 No trees in the public right-of-way shall be planted, removed, trimmed, or reloc;atpd without approval from the General Services Department 19 All work in the public right-of-way must meet the approval of the Public Mork-. Department or corrections will be required It e removals exposing cnnnectir,ns etc ) Additional inspection fees may be required 20 Permit is for standard materials in the public right-of-way only, unless previously approved by Public Works and an Encroachment Agreement has been processed 21 Permit is valid for 'description" of work noted on front only Additional work performed may require Issuance of a separate permit and/or additional fees INo work related to this encroachment permit shall be performed until the Public Works Department has issued this permit. Applicant hereby acknowledges he/she has read and under nds the terms and I conditions of this permit and he/she agrees to abide by them. Permit is void if work is not commenced within 30 days after issuance. Permit fees are nonrefundable. - :;I' Date: Si.Inat 2{ 'BYRATH RESIDENCE :6 r'Kut'tK I Y LINE P' r' _'"C-'"'0N S. _'l RF'e'E=' \ -EtiSE -�^ 1 Vi-IE\ 116,RT I )F "_;F V: F• ,:EMBERS SHrtL :?NC ::es C, �.TF'S -AITHIN A BARRIER OR FE'�CE SHALL COMPLY WITH THE FOL OWING REQUIREMENTS: OMPL V� ITH ALL FENCi REQUIRE E'N : t ! NCLI:DL SELF CLOSING AND SELF -LA'! CH;�0 MECHANISMS. :'HE SEi,F-LA FCHING MECHANISM SHALL BI- AT :-EAST 54-" ABOVE THE B07-FOM OF THE GATE- IF THE LATCH ► AN BE REACHED FROM )tTSIDE THE POOL AREA. �:_L GA'TFS SHALT. S' WVINC, 0,' T UI THE PC1( I, AREA _ _ )LL01r,'.' NG STRUCT� RES AND=QUIPME'_�- SHALL BE B0?\'DED P R C _ C 180.26 POOL REINFORCING OR MET.=,L SHELL. ''NDERWATER LIGHTING, METAL FITTINGS ATTACHED TO POOL STRUCTURE - ELECTRICAL EQUIPMENT INCLUDING PUMPS. MOTOR ELECTRIC POOL COVERS. METAL SHEATHED CABLES. METAL PIPING 'A'ITHIN 5' HORIZONTALLY FROM INSIDE OF POOL WALL. VERTICAL STRUCTURES :WITHIN' 12' VERTICALLY FROM HIGHEST WATER LEVEL: STEEL REINFOi2t :.N t :'\ �',Cr ETr '_ NJ£R 1 ..I::'.0 c; Rr �,�Lc 1k : , ... = FR )M INSIDE OF Pr) !)I_ V, ALL cc - o TRACT I R S.65-.f � oo o,o o:o.Wl 2t 22 23� 24 � 25 y n 'A B �C •a r /�7�1 w( L3/1 ( ��/ • �} Z 26 ]z r.or ios TRACT 9 �I 232 9 10 •• u _- REAL PROPERTY ENCROACHMENT AGREEMENTS This form is to be used for properties encroaching in the public right-of-way, after an encroachment permit has been issued. Name and extension of staff preparing Kathryne Cho, x3014 this worksheet Encroachment Permit # (EPN) N2017-0120 ✓ Effective date — FILLED OUT BY CITY 4/26/2017 ATTORNEY'S OFFICE ONLY Legal owner(s) name, e.g., Ken and Mary Jean-Francoise Beyrath and Judit Tasso Doe Perez How title is vested in the owners, e.g., Husband and wife as joint tenants joint tenants, community property, a California limited liability company, etc. Street number and street name of 365 Newport Glen Court property, e.g., 3300 Newport Boulevard Zip code of property 92660 ✓ Lot number of property 6 ./,i Block number of property Click here to enter text. Tract number of property 9776 Book number of Miscellaneous Maps of 426 property First page number of Miscellaneous 15 Maps Last page number of Miscellaneous Maps 16 Assessor's Parcel Number (APN) of 439-232-31 �✓ property, e.g., 811-23-42 Short description of public right-of-way Newport Glen Court w/in +he area, e.g. Flower Street ex�St,n Description of permitted improvements A 10-ft by 40-ft saving pool, ef-varyirrg encroaching in the public right-of-way, widths, e e.g., a 9-foot wide driveway constructed Gity's flood control easement; of beige pavers encroaching four feet into the Flower Street right-of-way; and... Cite authority for each permitted City Council Meeting — April 11, 2017 improvement. (Cite Council Policy *mLawit, �Lutedtomc - Number and applicable sections, or city council meeting at which permitted improvements were approved, attaching final staff report and council meeting minutes). City signatory Dave Kiff REAL PROPERTY ENCROACHMENT AGREEMENTS City signatory's title City Manager ✓ First owner's name Jean-Francoise Beyrath First owner's title, e.g. Joint Tenant or Owner &caner— JUN Ter\(Mt Second owner's name Judit Tasso Perez Second owner's title, e.g. Joint Tenant or Owner swner. 5')mt Tenant Exhibit A - Permitted Improvements Plan as approved by Public Works Attached by staff Evidence of signing authority of owners, if Attached by staff owners are trust, LLC or corporation If applicable, council meeting minutes Attached by staff. d ro approving permitted improvements and final staff report. " L1_ RECORDING REQUESTED BY: Jean-Francoise Beyrath AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENT TO: Jean-Francoise Beyrath 365 Newport Glen Court Newport Beach, CA 92660 Parcel No. 439-232-31 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11INI111111111INIIININ11,111 ]1111 N111111111111IIIIII111119.00 * $ R 0 0 0 7 8 3 9 5 6 3 S* 2015000482045 2:52 pm 09/18/15 62 416 G02 F13 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $0.00 computed on full value of property conveyed, or computed on full value less liens or encumbrances remaining at the time of sale, unincorporated area: X City of Newport Beach, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jean -Francois Beyrath, a married man as his sole and separate property hereby GRANTS to Jean-Francoise Beyrath and Judit Tasso Perez, husband and wife as joint tenants the following described real property in the City of Newport Beach, County of Orange, State of California: PARCELI: Lot 6 of Tract No. 9776 in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 426 Page(s) 15 And 16 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California. PARCEL 2: Non -Exclusive appurtenant easements for ingress, egress, use and enjoyment in and to the common area, being Lot "A" of said Tract No. 9776, as set forth in Book 12959, Page 1150, Official Records. Commonly known as: 365 Newport Glen Court, Newport Beach, CA 92660 Date March 20, 2015 Jean -Franc ise Beyrath A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE I S.S. On March 20, 2015, before me, Brooke M. Hutchinson, personally appeared Jean-Francoise Beyrath 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 signature(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. WITNE y hand and official seal. BROOKE M HUTCHINSON Commission # 1962873 Signature Notary Public -California i Z Orange County My Comm. Expires Dec 5, 2015 City of Newport Beach Study Session and Regular Meeting April 11, 2017 b) Reject all bids received for Contract No. 8134-1; and c) Direct staff to re -advertise for bids at a later time. Council Member Herdman recused himself on Item 8 due to real property interest. 9. Fire Station No. 6 Apparatus Bay Replacement Project - Reject All Bids - Contract No. 6422-1 (16F11) [381100-2016] a) Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Reject all bids received for Contract No. 6422-1; and c) Direct staff to re -advertise for bids. 10. Request to Construct Improvements within Existing Flood Control Easement at 365 Newport Glen Court (C-8462-1) [381100-2016] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow the construction of a 10-ft wide by 40-ft long pool within the existing flood control easement; and c) Direct Staff to enter into an Encroachment Agreement with Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 11. Amendment No. One to Maintenance/Repair Services Agreement with Duke's Root Control, Inc. for Sewer Line Root Control Services (C-4571) [381100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQ) 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; and b) Approve Amendment No. One to the Maintenance/Repair Services Agreement with Duke's Root Control, Inc., for sewer root control services to increase the total not -to -exceed amount to $236,151 for the remainder of the term of the agreement, and authorize the Mayor and City Clerk to execute the amendment. 12. Amendment No. Two to On -Call Maintenance/Repair Services Agreement with GCI Construction, Inc. for Underground Utility Work (C-6148) [381100-2016] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Two with GCI Construction, Inc. for utility on -call maintenance/repair services increasing the compensation limits by $125,000 for the remaining one-year period of the agreement, and authorize the Mayor and City Clerk to execute the amendment. MISCELLANEOUS 13. Planning Commission Agenda for the April 6, 2017 Meeting [100-2016] Receive and file. 14. Pending Coastal Development Permit Waiver for De Minimis Development, Located at 129 46th Street (PA2017-017) [100-2016] a) Determine this action is not a project as defined exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines Volume 63 - Page 243 F ��WP�RT CITY OF '* z NEWPORT REACH City Council Staff Report April 11, 2017 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kathryne Cho, Civil Engineer, kcho@newportbeachca.gov PHONE: 949-644-3014 TITLE: Request to Construct Improvements within Existing Flood Control Easement at 365 Newport Glen Court ABSTRACT: The property owners (Owners) of 365 Newport Glen Court (Site) are requesting to construct a 10-ft wide by 40-ft long pool within an existing flood control easement. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow the construction of a 10-ft wide by 40-ft long pool within the existing flood control easement; and c) Direct Staff to enter into an Encroachment Agreement with Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The site was part of the Bay Knolls community which was annexed into the City of Newport Beach on July 1, 2003. Prior to annexation, the flood control improvements were owned and managed by the County of Orange (County). Per the City of Newport Beach Annexation No. 91 (RO 01-04P) (Attachment B), City assumed the ownership and maintenance responsibilities for all County drainage devices, storm drain channels and appurtenant facilities, site drainage and all master plan storm drain facilities within the annexed area. 10-1