HomeMy WebLinkAbout11 - EP 99-409 Adjacent to 3625 Ocean Boulevard•
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November 8, 1999
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN
BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3625 OCEAN
BOULEVARD, CORONA DEL MAR (EP99 -409)
OWNER: William R. Benz
RECOMMENDATIONS:
Approve the application subject to:
Execution of an Encroachment Agreement for non - standard improvements.
a. Authorize the Mayor and City Clerk to execute the Agreement.
b. Authorize and direct the City Clerk to have the Agreement recorded with the
Orange County Recorder.
2. An Encroachment Permit issued by the Public Works Department.
3. A Building Permit issued by the Building Department.
DISCUSSION:
John M. Garcia, Architect representing the owner of the property located at 3625 Ocean
Boulevard in Corona del Mar, has requested that they be permitted to reconstruct and
enlarge the existing front entry/patio. The proposed improvements will be a colored
concrete paving patio with stone veneer block wall and planter, a water fountain with
retaining wall, a grouted tile entryway, a stamped colored concrete driveway and
approach, and landscaping in the front yard. The proposed improvements will
encroach from 0.5' to 58' from the existing curb face within the Ocean Boulevard right -
of -way (see attached letter and photos). The house is designed with the main and
garage entrances off Ocean Boulevard.
The proposed encroachments within the Ocean Boulevard right -of -way will be below
• curb level and will not obstruct the view of adjacent residents and /or properties on the
other side of Ocean Boulevard. The proposed landscaping will be approved with a
conditioned height restriction to improve sight distance for vehicle and pedestrian traffic
SUBJECT: Encroachment Agreement for Construction and Maintenance of Private Improvements within the Ocean Boulevard
Public Right -of -Way Adjacent to 3625 Ocean Boulevard, Corona del Mar (EP99 -409)
November 8, 1999
Page 2
adjacent to the driveway and public sidewalk; and to protect any views of the residents
and non - residents along the street and sidewalk of Ocean Boulevard, adjacent
residents, and properties on the other side of Ocean Boulevard. In addition, a portion
of the proposed patio (Modification No. 4941) within the setback was approved on July
20, 1999, by the Modification Committee.
The proposed encroachments within the Ocean Boulevard right -of -way are similar in
nature (with the exception of the highest portion of the patio wall being 17' including a
36" high railing wall) to other existing encroachments along the ocean side of Ocean
Boulevard. The patio wall may be constructed with concrete caisson(s) for stability.
Landscaping would be added to help soften the appearance of the massive wall. On
August 23 and September 13, 1999, City Council approved similar requests for the
adjacent neighbors at 3619, 3601 and 3611 Ocean Boulevard. The maximum wall
height approved for those properties ranged from 15' to 24' and no railing walls were
required.
Council Policy L -6, "Private Encroachments in the Public Right -of -Way," requires the
prior approval of City Council for private structural improvements such as planters,
walls, stairs, etc., in public easements or rights -of -way. An Encroachment Agreement
would allow construction of the driveway, wall, patio, planter, drainage system, and
landscape improvements in the right -of -way as approved by the Public Works
Department and require the property owner to maintain the proposed and existing
encroachments. Proposed landscaping would be maintained by the owner and
approved by the General Services Department with a maximum height restriction. The
Encroachment Agreement (see attached) would include a hold harmless clause
indemnifying the City of Newport Beach against any liability of any manner connected
with the proposed and existing encroachments in the Ocean Boulevard right -of -way.
ResffiLC pectfullyLKS ubmitted,
0 DEPARTMENT
Don Webb, Director
am
Gilbert Wong
Associate Engineer
Attachments: Letter dated October 12, 1999
Photos
Encroachment Agreement
f:l users% pbW, sharedlcoundl14l99.001rrovember- 813625 ocean ep99.409.doc •
City of Newport Beach
City Council Members
3300 Newport Boulevard
Newport Beach. California 92660
Re: 3625 Ocean Boulevard, Corona del Mar
Request for Encroachment Permit
October 12, 1999
Dear Council Members,
We are processing this request for encroachment permit necessary for enlarging the existing front
entry/patio. This improvement will project into the unused, unimproved slope area, which is part of
city property. We are proposing a wood frame extension to the patio that extends additional green
space to within 5 feet of the westerly property line. In comparison to the access driveway, which
was approved at 3619 Ocean Boulevard this application, will create a more scenic foreground to
the ocean view enjoyed by the public and neighbors across Ocean Boulevard.
As requested by Public Works we have included a landscape plan with this submittal. This plan
illustrates the types of plant materials proposed. Care has been taken in the selection of planting
materials to correspond with the request by Gilbert Wong of the city of Newport Beach Public
® Works Department. Existing non - conforming plants will be replaced with new plantings, these
plants will remedy any situations which are at issue with the Public Works Department. The new
planting scheme proposes replacing the existing hedge, which currently creates a visibility
challenge when exiting the driveway to get to Ocean Boulevard. Though the existing planting was
in place prior to Mr. Benz's purchase of the property he is willing to replace it appropriate
materials that meet current city standards.
•
We see no adverse effects or hazards being created by this proposal. In fact it should serve to
protect the slope from erosion compared to its current unimproved state.
The neighbors in the immediate area are familiar with the project having received notification due
to the application for a modification. The modification was granted and there were no objections
to the project.
In addition to replacing planting materials, the owner Mr. William Benz has agreed to maintain the
plantings in such a way that they will not grow to a height any taller than the height limit for the
structures on the site.
We have included photographs of similar conditions on Ocean Boulevard illustrating conditions
similar to our request.
Should you have questions regarding this request, please feel free to contact me by telephone at
(949)474 -3744.
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Clerk
• City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EP99 -409)
THIS AGREEMENT is made and entered into this day of
1999, by and between William R. Benz (hereinafter "OWNER "), and the City of Newport
Beach, California, a municipal corporation organized and existing under and by virtue of its
Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"),
"OWNER" is the owner of property located at 3625 Ocean Boulevard, Newport Beach,
California and legally described as a portion of Block "A ", Corona Del Mar Tract, (hereinafter
( "SUBJECT PROPERTY ") as shown on a map recorded in Book 3, Pages 41 and 42
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County,
California;
• WI TNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non - standard
improvements and existing non - standard improvements (hereinafter "PERMITTED
IMPROVEMENTS ") within the Ocean Boulevard right -of -way (hereinafter "RIGHT -OF- WAY ")
serving of a portion of Block "A ", Corona Del Mar Tract, as shown on a map recorded in Book
3, Pages 41 and 42, inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; and
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 execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to reconstruct and maintain said
PERMITTED IMPROVEMENTS;
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NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
24" X 24" colored concrete paving patio with stone veneer block wall /planter, a water fountain •
with retaining wall, a grouted tile entry way, a stamped colored concrete driveway /approach,
drainage system, landscaping, and appurtenances in the Ocean Boulevard right -of -way as
shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. In addition, the
proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any
changes must be approved by the City .Engineer and shall be on 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, all in substantial conformance with 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 at any time by
giving 60 days' notice, 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 plans and specifications
therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto
attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
doing so. In addition, any new and existing trees, shrubs, and landscaping that are on the
adjacent City property shall be maintained below the existing top of curb elevation at all times.
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.
•
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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.
•
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 of its intention to accomplish such work,
if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal 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 renewal 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) days' 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 be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify, waive, 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.
3
7. OWNER shall accept the fact that surface drainage water may enter onto the
"SUBJECT PROPERTY" from "RIGHT -OF -WAY" located in the City of Newport Beach, County
of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or •
as a result of the development or improvement of the "RIGHT -OF- WAY ".
8. OWNER shall accept and waive any and all liability for any damages to the
"SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the
"SUBJECT PROPERTY ". OWNER shall defend, indemnify, waive, 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
attomeys' 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 to surface drainage water
entering the "SUBJECT PROPERTY" from the "RIGHT -OF- WAY ".
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 OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written. •
APPROVED AS TO FORM:
ATTEST:
City Attorney
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
0
•IFT 1 -
13
Mayor
William R. Benz
LJ
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
is On 1999, before me,
personally appeared personally
known to me (or 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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
10 ) ss:
COUNTY OF ORANGE )
(This area for official notarial seal)
On 1999, before me,
personally appeared . personally
known to me (or 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 /shetthey has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(this area for official notarial seal)
F: W SERSIPBW 1G WONG 1WP511AGlSPATAROEP99- 257CDM.DOC
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LEGEND
PId'Ji1C0ED YNT R
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Rellfelfi PEN PL� 1L'
EXISTING PLANTING $HALL BE
REMOVED. NEW RENOVATED PLANTING
PLwI
AS PEN PLANTING PLAN.
NEW COLORED GONG.
®
W/ 24 "X 24" GRID PATTERN
FINAL COLOR SELECTION
APPROVED BY OWNER
TYPICAL PLANTER WALLS WITH
PLASTER FINISH TO MATCH
HOUSE 4 STONE CAP.
12 "XI2" ACCENT TIRE e
® FRONT ENTRY. FINAL SELECTION
APPROVED BY OWNER
EXISTING PLANTING AREAS
SHALL REMAIN. SUPPLEMENT
WITH NEW COLOR PLANTING
PEN PLANTING PLAN.
®
EXISTING PLANTING $HALL BE
REMOVED. NEW RENOVATED PLANTING
AS PEN PLANTING PLAN.
®
NEW ACCENT COLOR PLANTING
LOCATED IN RA15ED PLANTERS.
REFER TO PLANTING PLAN.
TYP. WATER FEATURE WITH
WALL MOUNTED FOUNTAIN.
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gXHISIT A
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EXHIBIT RA
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rASTING PLANTING CONSISTING OF
STAN JASMINE, A6APANTWg, RHAPHIOLEPIS 4
LANTANA SHALL REMAIN CLEAN { SHAPE
AS RECKARED.
-
®
EXISTING PLANTING CONSISTING OF
HIBISCUS SHALL REMAIN. CLEAN 4 SHAPE
UNOM OIRPLTION OF LANDSCAPE ARCHITECT.
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EXISTING 61ANT BIRD OF PARADISE SHALL
REMAIN. CLEAN 4 F40M AS RBWRED.
PHOENIX ROEBELENIi. PIGMY PALM
®
HEN PLANTIN& REPER TO LE600 THIS SIFT.
OHIM
Of' BOX SINGLE TRUK
®
EXIST AA
REMAIN. CLEAN
4 �5�
16N.. SIZE SC60NIA RICHMONOEHSIs
SPACED • 16'04. APPLY 1- 1 BLTV* 1
®
NEW WALL PLANTER W/ STAR JASMINE.
PLANTS.
REFER TO L.EOEND.
16AL*CMEROCALLIS VELLOW 4 ORANGE'
OAT SPACED • IS' 04. APPLY hL14M
8
EXISTING PLANTING CONSISTING OF CARISSA
Bi K
EE
6RANDIFLORA MYOPORUM, FLOWERING PLUM
SMALL REMAIN CONTRACTOR SHALL YUT -BACK'
SI
16AL. TRACHELOSPORMIa JAWN0112y
4 PKINE IN ORDEN TO REFLECT NEK RETAINMS
STAR JASMINE, SPACE AS INDICATED,
WALL R POIINTAIN WALL LOCATIONS.
TRANSPLANT INTO 2 S GAL
TA O RAISM
R PLACE ENTIRE CONTAIIEt INTO RAr,
®
EXISTING RHAPHIOL WP* WITHIN THIS AREA SWU1
PLANTER, APPLY A DECORATVE RYtIC
BE F454ONAM AND/OR TRANSPLANTED AS INDICATED.
TOP DRESSING' OVER ALL CONTA Mgt$.
®
mom STANPEO CONG. DRIVEWAY. Rcrm TO
HApRVSC,ACPGLPAL7AAK
®
D �NLS.
FOR VIIeST R68t TO
®D
EXXTIN6 MELALEWA SHALL BE R340VED.
®
MON MAFMWAPE PAVANS AREA
RIS TO HARDSCAPE FLAK
•
®
PRCWQSW YIATER PEATURE.
REFER TO POLMTAIH DETAILS.
®
REL0 -,ATE EXISTING C.L. PION GE
APPROX. 14' -56' MAX OVT TO
®6E OF BLLIPP.
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EXHIBIT RA
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