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Home My WebLink About11 - 3431 Ocean Boulevard ImprovementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 or ilee @city.newport- beach.ca.us SUBJECT: REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF- WAY -3431 OCEAN BOULEVARD OWNER: Lawrence Tabak RECOMMENDATIONS: 1. Deny the Owner's request to construct non - standard encroachments, which include, but are not limited to, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -of -way adjacent to the property located at 3431 Ocean Boulevard. 2. Direct staff to prepare an encroachment permit and encroachment agreement for the existing non - standard improvements in the public right -of -way fronting 3431 Ocean Boulevard. DISCUSSION: In November 2003, the City Council denied a variance and approved a modification requested by the owner of 3431 Ocean Boulevard, Lawrence Tabak. The plans that accompanied that approval showed the existing retaining walls in the public right -of -way were to remain. Although the existing off -site improvements will provide sufficient space for vehicles getting into and out of the new home's garages, the Owner has requested to widen the Ocean Boulevard frontage street -end by removing the existing retaining walls, cutting into the existing public slope, and securing /stabilizing the slope by constructing new retaining walls, caissons, subdrains, v- ditches, and landscaping at a location ranging from approximately one foot to ten feet beyond the existing retaining wall location. He is also proposing to extend the improvements further to the east of their current terminus. Request to Construct Non - Standard Improvements in the Public Right -of -Way - 3431 Ocean Boulevard May 23, 2006 Page The proposed new non - standard improvements, including the widening of the existing driveway, within the public right -of -way will include: 1) Approximately 100 feet of eight -foot high, eight -inch thick retaining wall with permanent waterproof shoring system and a subdrain system to control slope seepage overturning forces against the retaining wall; 2) Surface v -ditch behind the top of retaining walls; 3) Twelve - 24 -inch diameter caissons that will be a minimum 22 feet deep; 4) Landscaped planter areas and planter walls; 5) Trash enclosure with a 48 -inch access gate under a new planter with a fiberglass waterproofing system with drain and overflow; 6) Landscaping consisting of drought- resistant low groundcovers with jute matting on the City slope between the retaining walls and Ocean Boulevard vehicle access ramp; 7) Six -inch reinforced concrete roadway paving with 48 -inch diamond - patterned scoring; 8) Mortared stone planter area and steps paving /surfacing; and 9) Related appurtenances. The non - standard improvements proposed are not required for the development of this site. Full access and maneuverability is provided to the site with the current public right - of -way configuration. The proposed improvements will provide the site with aesthetic enhancement and added area for private usage while making the public right -of -way appear to be private and diminishing public usage and access. The proposed development of this site is currently under plan check (Plan Check No. 3452 -2004 submitted to the Public Works Department on December 21, 2004, May 25, 2005, and February 14, 2006). As of May 3, 2006, only Planning Department approval has been issued. Public: Works plan check approval will not be issued until Council approval has been granted for the proposed non - standard improvements in the public right -of -way. An encroachment permit for the non - standard work will not be issued until the encroachment agreement has been executed. Recommendation: While the existing improvements in the public right -of -way exceed those normally allowed by City Council Policy L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY, the proposed improvements represent further encroachment for personal use. Staff has specific concerns related to the large number of caissons required to support the retaining wall, the expansion of the area inside the wall both to the north and east, and the inclusion of a trash enclosure in the right -of -way. For these reasons staff recommends that the proposed improvements be denied. Should the City Council approve the scope of work proposed by the Owner, an encroachment agreement will be prepared for City Council approval which will stipulate that the Owner and future owner(s) are responsible for the maintenance of all of the Request to Construct Non- Standard Improvements in the Public Right -of -Way - 3431 Ocean Boulevard May 23, 2006 Page 3 approved non - standard improvements to the satisfaction of the City. Furthermore, the Owner will be required to submit a $200,000.00 Faithful Performance Bond and Labor and Materials Bond as surety for completing the work in the public right -of -way to the satisfaction of the Public Works Department. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption is for minor alteration of existing facilities not expanding existing uses. 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