HomeMy WebLinkAbout14 - EPN2001-110 - 405 & 405 1-2 Goldenrod Avenue• April 10, 2001
CITY COUNCIL AGENDA
ITEM NO. .14
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION
AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE
ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 4051/2 GOLDENROD
AVENUE, CORONA DEL MAR (N2001 -110)
OWNER: Shelley Nora Walker, Trustee to the Brandt Family Survivor's Trust
RECOMMENDATIONS:
Approve the Encroachment Permit Application No. 2001 -110 subject to:
• 1. The execution of an Encroachment Agreement providing for the construction of
an alley extension structure that will become City property after it is completed
and accepted by the City, and the Mayor and City Clerk are authorized to
execute this agreement. The Encroachment Agreement also requires the Owner
to maintain the slope, landscaping, and fence below the structure.
2. An Encroachment Permit issued by the Public Works Department.
DISCUSSION:
At the March 27th meeting, the City Council requested additional information concerning
this item.
Rex Brandt's estate property consists of four lots located on the westerly side of
Goldenrod Avenue, adjacent to the pedestrian bridge that crosses over Bayside Drive.
The northerly - or upper two lots (405 and 407) front on an improved section of Goldenrod
Avenue. The property at 407 Goldenrod Avenue has full alley access and a garage on
the alley as well as a carport on Goldenrod Avenue. The property at 405 Goldenrod
Avenue has partial alley access across approximately 13 feet of the rear of the property
and no drive access from Goldenrod Avenue. The existing residential structures currently
occupying 403, 405, and 407 Goldenrod Avenue are to be demolished.
Item C of City Council Policy L -2 - under the section, "RESIDENTIAL ZONES AND
•RESIDENTIAL USES — SPECIAL REQUIREMENTS" states: "Street curb openings shall
not be permitted to residential property which abuts an alley."
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE,
CORONA DEL MAR IN 2000.254)
April 10, 2001
Page 2
The current owner of the Rex Brandt estate properties is Shelley Nora Walker, trustee •
to the Brandt Family Survivor's Trust. The representative of the owner, Mr. Eric Welton,
proposes to construct a duplex on both 405 and 407 Goldenrod Avenue. In accordance
with City Council L -2, the drive access to 407 Goldenrod Avenue will be closed and the
access will be taken from the alley. To gain full vehicular access from the alley to the
proposed duplex at 405 and 405'/2 Goldenrod, the owner's representative requests that
the City permit the construction of a structure at the end of the alley to extend the alley
by approximately 16 feet. The proposed alley extension structure improvements are
shown on Exhibits A and B. Also attached are pictures showing story poles that
approximate the limits of the alley extension structure deck.
The proposed alley extension structure will be constructed of reinforced concrete and
include a vehicular guardrail and pedestrian railing complying with City standards. The
structure and alley improvements will require an Encroachment Permit issued by the
Public Works Department to do the construction in the public alley right -of -way. From
the alley, this structural extension will appear to be a part of the alley and it will be built
to meet the standards for public alley improvements.
Council Policy L -6, "Private Encroachments in the Public Right -of- Way ", prohibits
private structural encroachments in the right -of -way. When the construction of the alley
extension structure has been completed and accepted by the Public Works Department
it will be maintained by the City. The area below the structure will not have any public •
access. This area will be fenced and landscaped by the applicant and should be
maintained by the adjoining property owner.
In addition to the standard Encroachment Permit Conditions, the following conditions
will be required:
1. An Encroachment Agreement shall be executed to cover the construction of
the alley extension structure and provide for the continuing maintenance of
the area below the structure.
2. A Building Permit for the 405 and 405 '/2 Goldenrod Avenue improvements
shall include the alley extension structure and all the requirements of the
Building Department shall be met.
The attached Encroachment Agreement provides for the approval by the Public Works
Director of the plans and specifications with supporting design calculations and
geotechnical studies for the alley extension structure. Liability, automobile, and workers
compensation insurance - with the City named as additional insured - as well as labor
and performance bonds will be required. The City will own and be responsible for
maintaining the alley extension structure after it is completed and accepted by the City.
The owner will be responsible for the installation and maintenance of the fence, slope,
and landscaping under the structure. The owner will hold the City harmless from claims •
related to the construction of the alley extension structure. This agreement will be
recorded and the conditions will run with the land.
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE.
CORONA DEL MAR (N 2000 -254)
April 10. 2001
Page 3
Some of the nearby property owners along Bayside Drive - below and westerly of the
site - have expressed concern over the impacts of the proposed alley extension from
safety and geotechnical perspectives. The design approvals required by the
Encroachment Permit and the Encroachment Agreement will review these concerns
and provide for a structure that meets Public Works and Building Department
standards.
The construction of the alley extension structure is tied to the duplex construction and
considered to be a minor structure categorically exempt from CEQA. The City
Attorney's office has prepared a separate memo concerning this issue (copy attached).
The duplex construction does not require a Coastal Permit. At the present time, staff
does not know if the Coastal Commission will separate the alley extension structure
from the duplex construction and require work in the alley right -of -way to have a Coastal
Permit. If the Coastal Commission staff determines that a permit is required, one will
have to be obtained before work on the duplex can begin.
With the exception of the existing 407 Goldenrod Avenue drive to be removed when a
new duplex is constructed, all of the properties on Goldenrod Avenue between the
pedestrian bridge and First Avenue take garage access from the alley. Exhibit C shows
a front elevation of the proposed duplexes at 405 and 407 Goldenrod Avenue. Both
• would have garage access from the alley. Exhibit D shows 405 Goldenrod taking
garage access from the street. If this were to occur, one of the two street parking
places gained in front of 405 and 407 would be lost. A drive access to 405 Goldenrod
Avenue would be directly across the street from the heavily used bicycle access to the
Goldenrod Avenue pedestrian bridge, and cars backing out of the drive would conflict
with this use. A drive at this location would also require the removal of a very tall palm
tree.
If the City Council determines that extending the alley is not the best way to provide
access to this parcel, the Council can make the following findings and require a
condition related to a driveway off Goldenrod Avenue:
1. City Council Policy L -2 does not apply to this property.
2. Access may be provided from Goldenrod Avenue and that access may exceed
50% of the lot frontage.
That the existing palm tree be relocated to the common property line.
SUBJECT: ENCROACHMENT AGREEMENT AND PERMIT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 % GOLDENROD AVENUE,
CORONA DEL MAR (N 2000 -254)
April 10, 2001
Page 4
Also attached is a letter from Shelley Walker, the property owner.
Respectful) submitt ed%
�L
Don Webb
Public Works Director
Attachments: Photographs
Exhibits A, B, C, and D
City Attorney Memo
Encroachment Agreement
March 30, 2001 letter from Shelley Nora Walker
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PROPOSED ALLEY 405 GOLDENROD
EXTENSION PER
ENCROACHMENT PERMIT N12000 -254
�✓ CAISSON & CONCRETE CARPORT AREA
BEAM BELOW
CONCRETE SUB
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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RIGHT OF WAY
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ALLEY EXTENSION
PROPOSED PLAN 111=20'
2720 BAYSIDE
EXHIBIT A
GOETZ & ASSOCIATES
ARCHITECTURE, PLANNING, ENGINEERING
250 NEWPORT CENTER DRIVE SUITE 102 949 644 -9319
NEWPORT BEAM. CA. 92680 FAX (9493 644 -9317
2710
BAYSIDE
14' WIDE LOT 5
ALLEY 405 GOLDENROD
I
PROPOSED GUARDRAIL
4' DIAMETER MAXIMUM OPENING
CAISSON h CONCRETE
BEAR/ BELOW
CONCRETE SLAB
GALVANIZED CHAIN LINK
FENCE TO GRADE
SCREENED
GUNRE SLOPE BELOW
ALLEY EXTENSION
LINE OF EXISTING
GRADE AT CAISSON LOCATION
ION
FRONT ELEVATION (NORTH)
PROPOSED GUMOL
14' WIDE 4' OMETER LMIMUM OPENING
ALLEY ll 11 Mill 111111111111111111
PROTECTIVE BARRIER AND ALLEY
CONSTRUCTION TO THE PUBLIC
WORK DEPARTMENT STANDARDS
:. IN
tl
AREA FOR LANDSCAPING
BELOW CONCRETE SLAB
LINE OF EXISTING
GRADE AT CAISSON LOCATION
111=20'
ALLEY EXTENSION
SIDE ELEVATION (WEST) 111=20'
•1
EXHIBIT B GOETZ & ASSOCIATES is
ARCHITECTURE, PLANNING, ENGINEOWC
250 NEWPORT CENTER DRIVE SUITE 102 94g g4µ -9319
NEWPORT BEACH, CA. 92880 FAX f 949,644 -9317
CITY-OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robin L. Clauson, Assistant City Attorney
RE: APPLICATION OF CATEGORICAL EXEMPTION
TO DUPLEXES TO BE CONSTRUCTED AT
2720 AND 2730 BAYSIDE DRIVE AND
405 GOLDENROD AVENUE
DATE: April 10, 2001
The City Council has before it a determination of whether to approve encroachments into
the public right of way under Council Policy L -6 to provide street access for two similar but
separate projects. The projects are to construct duplexes on separate lots at 2720 and
. 2730 Bayside Drive and at 405 Goldenrod Avenue. Each duplex is authorized under the
City's Zoning Code and General Plan, and requires access to a publicly improved street
or alley. The project at 2720 and 2730 Bayside includes applications for a lot line
adjustment and an amendment to the districting map to establish a 4 -foot front yard set
back for the Property.
State guidelines adopted at Title 14 of the California Code of Regulations 15000 et. seq.
contain certain categories of projects that are deemed exempt from further environmental
evaluation. If a project falls within a categorical exemption there is no need to conduct an
initial study or other further environmental evaluation. Staff has reviewed the duplex
projects and found them to be exempt under Section 15303(b), "a duplex or similar multi-
family residential structure totaling no more than four dwelling units ". The duplexes at
2720 and 2730 Bayside while on separate lots may be considered one project that does
not entail more than four dwelling units. The duplex at 405 Goldenrod is a separate
project, not conditioned upon approval of the Bayside Drive project.
Projects that are categorically exempt require no further environmental review unless
there is substantial evidence that there is a reasonable possibility that an activity would
have a significant effect on the environment due to "unusual circumstances ". There are
no unusual circumstances surrounding either project that create a reasonable probability
of significant environmental impacts. The duplexes are similar to other single - family
• homes or duplexes built on similar terrain throughout the City.
The neighboring property owners concerns of stability of the hillside or the effect of the •
construction of the duplexes or the alley extension on their properties are not unusual, but
rather a common issue of proper construction techniques. These issues are addressed
through the City by standard requirements of the Public Works Department and the
Building Department. The projects will require detailed soils reports and engineered
plans certified by engineering geologists and geotechnical and soils engineers. In
addition, short term traffic impacts and other impacts resulting from construction of the
duplexes is a common impact for adjoining property owners. There has been no
evidence of significant environmental impact from either duplex project that would effect
the environment of persons generally as opposed to the short -term individualized impacts
on the neighboring properties. Projects that are categorically exempt are presumed to not
have a significant adverse effect on the environment. Therefore it is our belief that the
duplexes and appurtenant alley extension or driveway extension to provide access qualify
under Categorical Exemption 15303(b) and no furt pr environmental review is required.
46—
ROBIN L. USON
Assistant City Attorney
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
405 AND 405 % GOLDENROD
(N2001 -110)
THIS AGREEMENT is made and entered into this day of
2001, by and between Shelley Nora Walker, Trustee to the Brandt
Family Survivor's Trust; 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 405 and 4051/2 Goldenrod
Avenue, Newport Beach, California, and legally described as Lot 5, Block 333 of
Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 through 42
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California (hereinafter the `PROPERTY ");
W ITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non - standard
improvements (hereinafter 'PERMITTED IMPROVEMENTS ") within alley right -of -way
(hereinafter 'RIGHT -OF- WAY ") that is located adjacent to the PROPERTY, to provide
alley access to PROPERTY;
WHEREAS; the parties hereto desire to execute an agreement providing for
fulfillment of the conditions required by CITY to permit OWNER to construct and CITY
to accept and maintain said PERMITTED IMPROVEMENTS.
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 concrete alley extension structure with beams and caissons, guardrail with .
signage, pedestrian railing and appurtenances in alley right -of -way including
LANDSCAPE AND FENCE IMPROVEMENTS as shown on EXHIBITS "A" AND "B"
attached hereto and shall be more specifically described and detailed on the plans and
specifications with supporting design calculations and geotechnical reports approved by
the Public Works Department. The PERMITTED IMPROVEMENTS may vary at the
time of construction, provided any changes are determined by the Public Works
Department to be substantially in conformance with the approved plans and
specifications and are shown on the "As Built' plans.
2. Prior to construction of the PERMITTED IMPROVEMENTS OWNER shall:
a. Obtain from Public Works Department an Encroachment Permit
authorizing work in RIGHT -OF -WAY and comply with all conditions of the Permit.
b. Obtain commercial liability, automobile and workers compensation
insurance in amounts required by Public Works Department and City's Risk Manager.
C. Require contractor to name CITY an additional insured on •
commercial liability and automobile insurance policies.
d. Provide Performance Bonds and Labor Material Bonds in amounts
equal to one hundred percent (100 %) of the cost of PERMITTED IMPROVEMENTS.
3. OWNER shall fence and protect any open areas under the alley extension
structure to prevent access to this area and shall provide slope maintenance and
landscaping sufficient to cover the fencing, and these improvements shall be referred to
as LANDSCAPE AND FENCE IMPROVEMENTS.
4. OWNER agrees that upon completion of the PERMITTED
IMPROVEMENTS, and acceptance by the CITY, the PERMITTED IMPROVEMENTS
shall be open for public use and to provide access to other properties.
5. Upon acceptance of the PERMITTED IMPROVEMENTS by CITY, CITY
shall repair and maintain the PERMITTED IMPROVEMENTS and appurtenances .
incidental thereto, within a portion of RIGHT -OF -WAY, except that OWNER shall repair
and maintain the LANDSCAPE AND FENCE IMPROVEMENTS under the alley
extension structure.
6. OWNER and CITY further agree as follows:
a. OWNER shall construct PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with detailed plans and
specifications approved by the Public Works Director and maintained on file in the
CITY's Public Works Department, and as shown on Exhibits "A" and "B ".
b. If CITY, or other facilities or improvements are damaged by the
construction of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the
cost of repairs.
7. 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 with one exception. That one exception shall be
the CITY cannot permanently deny vehicular access to the subject property.
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.
8. 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 or construction of the PERMITTED IMPROVEMENTS.
9. OWNER agrees that during construction of the PERMITTED
IMPROVEMENTS, OWNER shall indemnify and hold harmless adjoining property
owners from any and all damage to structures on property adjoining RIGHT -OF -WAY
• caused by the construction of the PERMITTED IMPROVEMENTS.
10. 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.
11. OWNER agrees that this Agreement shall be recorded against the
PROPERTY in the Official Records of the County Recorder of Orange County,
California, prior to or subordinated to any recorded deed of trust or other financing
interest or lawful encumbrance on the PROPERTY made in good faith and for value.
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:
By:
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City Manager
OWNER:
By:
f: \users\pbw\ shared \council \fy00 -01 \ apol- 10\agbrandt405gol den rod2.doc
Shelly Nora Walker, I rustee
To the Brandt Family Survivor's
Trust
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE)
On
ersonall a eared
2001, before me,
P y PP
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
(This area for official notarial seal)
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE)
On 2001, 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
0
(This area for official notarial seal)
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DUPLEX
2710
I CAROL j
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._._._._._._._._..+
j LOT 7
b j 407 GOLDENROIR
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PROPOSED ALLEY 405 GOLDENROD
EXTENSION PER
ENCROACHMENT PERMR N12000 -254
CAISSON & CONCRETE
BEAM BELOW CARPORT AREA
CONCRETE SUB
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I
I_ EXISRNG STEPS
IN ALLEY
RIGHT OF WAY
ALLEY EXTENSION
PROPOSED PLAN 111=20'
2720 BAYSIDE
EXHIBIT A
GOETZ & ASSOCIATES
ARCHITECTURE, PLANNING. ENGINEERING
250 NEWPORT CENTER DRIVE SURE 102 949 644 -9319
NEWPORT BEACH, CA. 92660 FAX (9493 644-9317
2710
BAYSIDE
14' WIDE LOT 5
ALLEY 405 GOLDENROD
I
PROPOSED GUARDRAIL
4' DIAMETER MAXIMUM OPENING
CAISSON & CONCRETE
BEAM BELOW
CONCRETE SLAB
GALVANIZED CHAIN LINK
FENCE TO GRADE
SCREENED
GUNTTE SLOPE BELOW
ALLEY EXTENSION
LINE OF EXISTING
GRADE AT CAISSON LOCATION
ION
FRONT ELEVATION (NORTH) 111=20'
PROPOSED GUARDRAIL
14' WIDE �- 4' DIAMETER MAXIMUM OPENING
ALLEY
PROTECTIVE BARRIER AND ALLEY
CONSTRUCTION TO THE PUBLIC
WORK DEPARTMENT STANDARDS
{
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LJ
- AREA FOR LANDSCAPING
BELOW CONCRETE SLAB
LINE OF EXISTING
GRADE AT CAISSON LOCATION
ALLEY EXTENSION
SIDE ELEVATION (WEST) 111=20'
EXHIBIT B GOETZ & ASSOCIATES
ARCHITECTURE, PLANNING, ENGINEERING
250 NEWPORT CENTER DRIVE SUITE 102 949 844 -9319
NEWPORT BEACH, C. 92660 FAX (9493 844 -9317
Shelley Nora Walker
Trustee, Brandt Family Survivors Trust
405 Goldenrod Ave., Corona del Mar, Ca 92625
PO Box 611
Mammoth Lakes, California
760 934 -6668
March 30, 2001
City Council Members
City of Newport Beach,
RE: 405 Goldenrod and 2720 Bayside
Dear City Council Members,
RECEIVED
rol APR -3 A 8.26
OFFICE OF THE CITY CLERK
1� CITY OF NEWPORT BEACII
Date 14 Y" k
Copies Sent To:
Mayor
Council Member
;'Manager
/❑ A orne -
Q
�❑0
After attending the meeting last Tuesday evening, I feel it is appropriate to make the
following statements or questions.
l) Why is it fair for Susan Carol to use unauthorized encroachments in the public
alley for entry stairs to access 2710 Bayside when she opposes my requested use of
the same alleyway to gain rear access to 405 Goldenrod.?
The encroachments are used solely by her and not "shared with the Brandts ", as
she claimed in speaking before you.
2) Since she occupies her home in Belcourt and is not intending to live at 2710, why
is she so concerned about the proposed alley extension, which she seems to have
exaggerated the effects of
3) Harriett Harris, a real estate developer, owns 2706 but rents it out and like Susan ,
has had the property on the market for sale for many months.
Shortly after the death of my father, Rex Brandt, she wrote me a note indicating an
interest in buying the properties.
4) The opposing neighbors, and or their consultant, have made many remarks which
are not true. For example, not that it should matter, but the number of additional
bedrooms proposed to be added to the driveway in question is four not eight. There
have been other distorted claims like the number of trees being removed. Since when
can a property owner not remove trees on his own property?
0
0
0
continued 3/30 letter
It should be noted that for many decades my father paid property taxes on this property
and the inheritance taxes which have been paid were based on four usable lots at
current market value.
I therefore ask that you not be swayed by influences from others but apply logic and
reasoning to your decision regarding the unfeasiblity of alternative accesses
as promoted by the neighbors who, to my mind, should be happy that their property
values will be increased by having newly constructed properties next to them.
Our family selected Mr. Welton to develop our property because we wanted to see a
high quality project that would occupy this site that is so important to us.
Mr. Welton, a native of the area and longtime Corona del Mar resident started his
family next door to us in 1971 and we have observed his considerable success in
doing various projects throughout the county.
I hope you will extend the proper measure of fairness to him, as it appears that he has
taken pride in coming up with a nice design for our four lots.
Thank you for your courtesy.
Sincerely,
Shelley Walker (Brandt)
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
March 27, 2001
CITY COUNCIL AGENDA
ITEM NO. to
CC�o
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY
RIGHT -OF -WAY ADJACENT TO 405 & 405 '/2 GOLDENROD AVENUE,
CORONA DEL MAR (N2000 -254)
OWNER: Rexford E. Brandt, Successor to the Brandt Family Survivor's Trust
RECOMMENDATIONS:
Approve the application subject to:
1. 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.
4. The Building Department, Fire Department, General Services Department, and
Public Works Department shall approve all improvements.
DISCUSSION:
The current owner of the property located at 405 & 405'/2 Goldenrod Avenue in Corona
del Mar is Rexford E. Brandt, successor to the Brandt Family Survivor's Trust. The
representative of the owner, Mr. Eric Welton, is proposing to construct a duplex on the
property and is requesting that the City permit the construction of a cantilevered deck at
the end of the alley in order to provide vehicular access to the property from the alley.
The proposed improvements are shown on Exhibit A.
The proposed alley deck will be constructed of reinforced concrete and will require the
issuance of Building and Encroachment Permits. These improvements will require
regular maintenance in order to keep the structure in a safe condition. Any open area
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS
WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 Y. GOLDENROD AVENUE. CORONA DEL MAR
(N 2000 -254)
March 27. 2001
Page 2
below the extension shall be fenced off and landscaped. The Permit also includes a
condition that would allow access from the alley extension to other properties in the
future.
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,
stairs, etc., in public easements or rights -of -way. An encroachment agreement will
allow construction of the cantilevered alley extension in the alley right -of -way as
approved by the Public Works Department and require the property owner to maintain
the deck. The encroachment agreement will also include a hold harmless clause
indemnifying the City of Newport Beach against any liability of any manner connected
with the proposed encroachments in the alley right -of -away.
Some of the nearby property owners have expressed concern over the impacts of the
proposed alley extension from safety, aesthetic and geotechnical perspectives. If the
City Council determines that extending the alley is not the best way to provide access to
this parcel it is recommended that the Council make the following findings and condition
related to a driveway off Goldenrod Avenue.
FINDINGS
1. City Council Policy L -2 does not apply to this property. 0
2. Access may be provided from Goldenrod Avenue and may exceed 50% of the
lot frontage.
CONDITION
That the existing palm tree be relocated to the common property line.
Res tfully su fitted,
Don ebb
Public cWorks Director
Richard M. Edmonston
Transportation & Development Services Manager
Attachments: Photographs
Exhibit A
Encroachment Agreement
I FA,66-1
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61
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
. Public Works Department
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
(EPN2000 -254)
THIS AGREEMENT is made and entered into this day of
2001, by and between Rexford E. Brandt, successor to the Brandt Family Survivor's Trust;
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
2720 & 2730 Bayside Drive, Newport Beach, California and legally described as Lots 1 & 3,
Block 333 of Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 through
42 inclusively of Miscellaneous Maps and as modified by N.B.L.L.A. No. 81 -1 recorded June
12, 1981 in Book 14099, Page 148 of the Official Records in the office of the County Recorder
of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") within Bayside Drive right -of-
way (hereinafter "RIGHT -OF- WAY ") that is located adjacent to 2720 & 2730 Bayside Drive,
Newport Beach, California and legally described as Lots 1 & 3, Block 333 of Corona del Mar
Tract as shown on a map recorded in Book 3, Pages 41 through 42 inclusively of
Miscellaneous Maps and as modified by N.B.L.L.A. No. 81 -1 recorded June 12, 1981 in Book
14099, Page 148 of the Official Records in the office of the County Recorder of Orange
County, California;
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; •
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
concrete alley extension with grade beams and caissons, metal or concrete guard rail with
signage, and appurtenances in the alley 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 due to refinements to the plans. Any
such changes must be approved by the City Engineer and shown on the "As Built" plans.
2. CITY will permit OWNER to repair, 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. OWNER shall fence and screen with landscaping approved by the General Services
Department the area below the PERMITTED IMPROVEMENTS.
4. Owner acknowledges that the PERMITTED IMPROVEMENTS are an extension of a
public alley and that the public, including adjacent property owners, shall have access rights to
the alley.
5. OWNER and CITY further agree as follows:
a. OWNER shall construct 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. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
V
c. If private- owned, 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. Owner shall be responsible for his pro -rata share of the cost of maintaining
the existing driveway between the curb on Bayside Drive and the property line.
e. That should the 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;
0 (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.
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 the
RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER with one
exception. That one exception shall be the CITY cannot deny vehicular access to the subject
property. 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.
.7. 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.
8. 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:
0
ATTEST:
City Attorney
City Clerk
STATE OF CALIFORNIA)
) ss:
a
CITY OF NEWPORT BEACH,
a Municipal corporation
0
City Manager
�r5
0
Rexford E. Brandt
Successor to the Brandt Family
Survivor's Trust
0
11
0
COUNTY OF ORANGE)
On 2001, 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
(This area for official notarial seal)
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE)
On 2001, 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
(This area for official notarial seal)
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Exhibit A
(r=pmqnnn-qc;A)
• March 27, 2001
CITY COUNCIL AGENDA
SUPPLEMENTAL ITEM NO. IQ
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY
RIGHT -OF -WAY ADJACENT TO 405 & 405 Yz GOLDENROD AVENUE,
CORONA DEL MAR (N2000 -254)
OWNER: Rexford E. Brandt, Successor to the Brandt Family Survivor's Trust
The wrong agreement was inadvertently attached to the staff report. Please discard that
agreement and replace it with the attached.
R p ctfull�.
on Webb
Public Works Director
By: 4.Y V ► l �•�nn owa
Richard M. Edmonston
Transportation & Development Services Manager
Attachments: Corrected Encroachment Agreement
0
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2000 -254)
THIS AGREEMENT is made and entered into this day of
2001, by and between the Rexford E. Brandt Trust; 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 405 and 405 '/2 Goldenrod Avenue, Newport
Beach, California and legally described as Lot 5, Block 333 of Corona del Mar Tract as shown
on a map recorded in Book 3, Pages 41 through 42 inclusively of Miscellaneous Maps in the
office of the County Recorder of Orange County, California;
WITNESSETH: 9
WHEREAS, OWNER desires to construct and maintain certain non - standard
improvements (hereinafter "PERMITTED IMPROVEMENTS ") within alley right -of -way
(hereinafter "RIGHT -OF- WAY ") that is located adjacent to 405 and 405'/2 Goldenrod Avenue,
Newport Beach, California and legally described as Lot 5, Block 333 of Corona del Mar Tract
as shown on a map recorded in Book 3, Pages 41 through 42 inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California;
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;
0
1
0
s
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
concrete alley extension with grade beams and caissons, metal guardrail with
signage, and appurtenances in alley 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 shown
on the "As Built" plans.
2. OWNER shall fence any open areas under the alley extension to prevent access
to this area and shall provide landscaping to cover the fencing.
3. OWNER agrees to allow the public to use the alley extension, including to
provide access to other properties.
4. CITY will permit OWNER to repair, 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.
5. OWNER and CITY further agree as follows:
a. OWNER shall construct 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. 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 private - owned, 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.
`a
d. That should the 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.
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 the
RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER with one
exception. That one exception shall be the CITY cannot permanently deny vehicular access to
the subject property. 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.
7. 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.
8. 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.
3
0
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:
M
ATTEST:
City Attorney
City Clerk
rd
CITY OF NEWPORT BEACH,
a Municipal corporation
•t ••
M
is
City Manager
Rexford E. Brandt
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2001, 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
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 2001, 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
(This area for official notarial seal)
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COUNCIL AGENDA
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Taylor Consulting
AVAVAVAVAVAVAV
315 Wet Third Street • Santa An& Ca. 92701 • TelephoneNax (714) 972. 4597!4599
March 22, 2001
Honorable Members
City of Newport Beach Planning Commission
3300 Newport Blvd,
P.0, Box 1768
Newport Beach, CA 92658
Re: March 27`s meeting: Items 10& 16 —
LLA, Encroachment Agreements, & 7..0 Amendment 909
Rex Brandt Trust
Honorable Mayor and Council Members:
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I am taking this opportunity to get my comments into the public record. Although
sometimes these decisions appear routine, the laws and codes provide these to be sent for
review, input and decision - making. As a precursor to specific comments, I object to the
refusal by staff to provide informadun ur to provide written response to correspondence.
The public process has not been well executed.
17te staff refused to provide full public access to the information on the project in conflict
with Council Policy E -1 and despite a specific Public Records Act request.
The attachments or exhibits to the staff report are not available.
The project(s) seem to be in conflict with Council policies G•1, K -3, L-2. and L -6.
I strongly nppnse. approval on these decisions based upon the facts that have been
presented. in addition to this letter, please refer to my letter to the Planning Commission
on their Staff Report and the deficiencies iucuubistencies that still exist.
Now and spccirically, l have reviewed the staff report and have comments, as follows;
MPP -22 -2001 19'49 — POM:FigPPIS T;WLC? 24S99
Taylor Consulting
ATAVAVAVAVATAT
315 Weet Third Street • Santa Ana. Ca. 92701 - TalephaneMax (7t4) 972- 4597!4599
Encroachment Agreements
Tp!919 c44 2229 P.0O2 0MA
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In this section, a proposal or letter is being reviewed by staff with a oral report to be
provided at the hearing, How can the public and the City Council as decision makers
be prepared on a material component of a project without having it made available,
Summary
It is identified incorrectly that the Planning Commission recommended approval of
this package of decisions. The Commission has made a split decision for approval of
the LLA and Zoning Code Amendment only. They were specifically instructed and
made their decision based upon not having the ability to review or authority over th
encroachment agreement and improvements in the public ROW.
There continues to be no analysis, discussion, evaluation, or disclosure on what the
effects to the maintenance of existing public and private maintenance.
Findings
Finding one requires a determination that the original and resulting lots are legal lots.
Besides being substandard and requiring exceptions and modifications, thee un� built,
sloped lot does not have physical access. With no Physical access, no residence can
legally be built on this lot in the existing condition.
Finding two includes an incorrect statement that these lots arc both currently built
upon and are therefore buildable. Refer to comments on tinding one above.
Finding Your utilizes exemptions from the subdivision code for Lot Line
Adjustments which can be provided when 4 conditions are met, including "minor
and routine in nature, and a determination can be made without the need for extensive
review and public involvement ". Ccrtandy, this Lot Line application has already
required significant staff review and the public is strongly requesting involvement.
This exclusion does not apply. Finding four indicates "no change in the land use,
density, or intensity" yet we know from the previous disnussion that some multiple
of the existing units are proposed and cannot be built without this approval..
Finding five is in conflict with the code reference section 19.08.05 of finding four in
that improvements are ueccssary.
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Taylor Consulting
AVAVATAVAVAVAV
315 West Third Street • Santa Ana, Ca. 92701 • Telaphene/FU (714) 972- 459714599
Finding six is appropriate only if all construction were to be within the private Inte.
The public ROW improvements do not allow use of this exception to CEQA
requirements, Section 15304 would be a more appropriate exception however the
'-project" does not meet its requirement either.
Conditions
Condition two requires compliance with Public Works Standards where the body of
the report identities the improvements as non - standard. Further, is this condition
holds then the entire access should he required to be brought up to Public'Worlw
standards.
Condition three requires the LLA to be recorded prior to the improvements, At that
point, t1re applicant will have reconfigured non - complying lots without the
improvements that are required for compliance.
Condition five appears to be concurrence that these really are sepurd(e units, ready to
be condominiums in the future, and not a duplex.
Condition six is non specific and therefore unenforceable.
Condition Seven, if actually applied, would prevent this project from being built.
Condition eight is in conflict with condition two.
Cuudidun ten is impossible to comply with and therefore unenforceable.
Condition eleven is in conflict with Title 20. And, if strictly applied would prevent
approval of this request and construction. Therefore it is ambiguous and
unenforceable.
Irrespective of these comments, you are resting this conglomeration of approvals (LLA,
ZC, and encroachment agreements) all on a CEQA section for reconstruction of a house.
You have several CEQA "projects" here that would be demonstrated if the appropriate
Initial Study were performed.
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Taylor Consulting
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7149724599 TO:949 644 3229
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318 West Third Street - Santa Ana, Ca, 82701 1 Teleph,,aAax (714) 972.459714599
Ask yourself, if the City were doing the improvements identified, would you have to do
and Initial Study and comply with CEQA? Maybe the answer can be obtained by
reviewing the CEQA compliance of the wall constmction across the street at Femlcaf.
We ask that you direct Staff to perform an Initial Study undCr the CEQA guidelines to
determine if there is potential for impacts. If the potential for impacts exists then an
appropriatc cvaluation of impacts, alternatives, mitigation measures, and overriding
consideration should be made.
We believe there are potential impacts in the following areas:
Traffic / Access
Noise / Glare
Hydrology / Drainage
Public resources / property
Geologic / Soils
Aesthetics
Hazards
Short -term construction.
We ask only for what is required and what will prevent unknown problems from
occurring. Full pnhlic disclosure and adequate time for analysis should not be this
difficult.
Thank you for your expected assistance.
Si e 1 (
Cbris Taylg'f
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Taylor Consulting
1149724599 T0:949 644 3229
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31 Waat Third Strout • &ants Ma, Ca. 92701 • TebphOnsJTa %(119) 8/ 2-4597/4599
March 26. ^4001
Honorable Members
City of Newport Beach City Council
3300 Newport Blvd.
P.O. Box 1766
Newport Beach, CA 92658
Re: March 27c' meeting: Items 10& 16 —
Encroachment Agrcement EPN 2000 -254
Rex Brandt Trust
Honorable Mayor and Council Members:
P.001. 002
RECEIVED BY
PLANNING DEPARTMENT
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The exhibits to this coming Tuesday's staff report were made available on Friday. This
includes significant information not previously available for review and evaluation. This
letter provides concerns with the encroachment agreement, as follows:
The agreement, as &rafted, includes a deceased party.
The agreement, as drafted, associates all improvements with half of the four the
properties and not necessarily the property benefiting from the improveirlums. It
is unclear how enforcement obligations could be pursued.
It is unclear what justification or public benefit is used to rationalize the gift or
use of public property. What is the consideration for the City or Public for
entering into this agrectnent?
Section 5(d) provideG for " prorata" maintenancc of cxistinb facilities without any
specifics. Further, prorata would not be an equitable cost sharing arrangement
(i.e. 2700 has no reason to use ur go in front of the 2730 property but has to share
in his maintenance. 1.730 impacts 2720 — 2710 — 2706 & 2700 but pays no more).
Who is going to manage this?
MAR-26-2001 17:(39 FP.oM:HAP.PIS TAYLOR 7144724599
TO:949 644 3229 P.002/002,
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Taylor Consulting
AVAYATATAVAVAV
315 West Thlyd Street - Santa Ana. Ca. 92761 • TelephoneHax 1714) 972459714599
If "owner" breaches the agreement, the "city's" only physical recourse is to take
over the improvements.
We believe there are potential impacts from these public property improvements that
need to be addressed prior to approval in the following areas:
Traffic / Access
Noise / Glare
Hydrology / Drainage
Public resources/ property
Geologic / Soils
Aesthetics
Hazards
Sbort -term construction.
Thank you for your expected assis-tance.
7 `