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Home My WebLink About16 - Proposed Seawall Adjacent to 2140 E. Balboa BouelvardAugust 10, 1998 CITY COUNCIL AGENDA ITEM NO. 16 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROPOSED SEAWALL ADJACENT TO 2140 E. BALBOA BOULEVARD OWNER: Robert Voit 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. General Services Department approval. 4. Approval from all affected /adjacent property owners. 5. A Harbor Permit issued by the Fire and Marine Department. 6. A Building Permit issued by the Building Department. 7. Coastal Commission approval. DISCUSSION: Paul Tennyson, the contractor representing the owner of the property located at 2140 E. Balboa Boulevard, has requested that he be permitted to install a new concrete seawall along the outside of the existing seawall (see attached letter, photo, and exhibit). The existing seawall has deteriorated and it would be very difficult to replace the existing seawall without damaging /demolishing the house. Currently, the existing seawall is leaking and undermining the foundation of the house. The proposed concrete seawall will stop the leakage and support the old seawall and have new tie -back supports located on private property. SUBJECT: PROPOSED SEAWALL ADJACENT TO 2140 E. BALBOA BOULEVARD August 10, 1998 Page: 2 The proposed concrete seawall encroachment will have minimal impact on view, affecting the adjacent and immediate surrounding property owners. The Fire and Marine Department has reviewed the proposed seawall and issued a preliminary "Approval In Concept' (attached). The proposed concrete seawall will encroach 3 feet into the bayfront and City -owned beach property (ending at the existing beach retaining wall). Hence, the wall will only impact the tidal area and not the existing beach area used by the public. Council Policy L -6, "Private Encroachment in the Public Right -of- Way ", requires the prior approval of City Council for private structural improvements such as walls in public easements or rights -of -way. The encroachment agreement allows construction of the seawall in the City - owned property as approved by the Public Works Department and requires the property owner to maintain the proposed and existing encroachments and hold the City harmless from all liability resulting from the private encroachments within the public -owned property. Respectf submi d Publi orks Department Don Webb, Director By.,,— � G 4� -; Gilbert Wong Associate Civil Engineer Attachment: "Approval In Concept' Letter Photos Exhibit Encroachment Agreement Cl groups 1pubworkslcouncil1fy98 -991a ugust- 101seawall.doc a TENNYSON CONSTRUCTION CO. 391 La PeAe Lane Costa Mesa California 92627 (714) 645.0572 Encroachment Permit for Robert Voit, 2140 E. Balboa Blvd. Supplemental Information Items: A. Approval in Concept from City of Newport Beach Marine Dept. B. General Information, Descriptions and Conclusions. C. List of Consulting Companies and Individuals. D. Cross sectioned diagram of old and proposed new seawall. E. Photographs of house and seawall. F. Photographic examples of several problem areas and their locations. G. Photographs taken from inside holes showing undermining sinkholes and loss of sand. -I - A 1 APPROVAL IN CONCEPT CITY OF NEWPORT BEACH FIRE AND MARINE DEPARTMENT Marine Environmental Divisions 70 Newport Pier APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Comrnission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: 14- P5�11/T. AL Property Address: 21 elo IF0 -13O,4- Legal Description: &—,* City Harbor Permit Number: 10dP_1z/yD Applicant: /�mi Applicant's Mailing Address: :5-~25 Applicant's Telephone Number: I have reviewed the plans. for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or • That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. • Has received a final Exemption Declaration or final Negative Declaration (copy attached). • Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance: of a building permit have been given and are final. The development is -not subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Attachments: 1. s77b�i? `A 3. 4. Tony Meellum, Deputy Chief By: �z Signature Printed name and title of signer Dates: 7 ZD-fe V TENNYSON CONSTRUCTION CO. 391 La Palle Lane Costa Mesa. California 92627 (714) 645 -0572 General Information for City of Newport Beach Encroachment Permit for Robert Voit at 2140 E. Balboa Blvd. Description: The seawall is concrete sheet piles with cast in place concrete on top of them. The seams between piles, and between cast concrete and piles are failing. The wall is badly cracked and has had an auxiliary footing cast along side it at a date substantially later than the original construction. This indicates that there was leaking under the original footing. The walls show some recent crack repair by previous owners. There does not appear to be rust showing in any of the cracks which would indicate a' lack of re- inforcing steel. Conclusions: The seawall is old and not of the type built today. It would not be pos- sible to replace the wall without demolishing the house. Professional con- suiting engineers and bulkhead contractors agree the best way to remedy the situation is to add a new seawall along side the existing, failing wall. This is not possible without an encroachment along the property lines. - 1 - U c TENNYSON CONSTRUCTION CO. 391 Le Perle Lane Costa Mesa. Callfomla 92627 (714) 645 -0572 5hel1 n,,et er� T„(-. PIeazl UVllller �wv16r� 9-7S W. 15'41, Mew wpoc -Y �IeAek 976V,3 5'l/ 5 9 Sc,q GUa /l - 9v 1 L ktead 6,,r--a i r-.,r 1�1�llca►M SS VIA Qsor+ 11-ASso(. tIAC-. MASOLA01 �a Fa�i DrinuPa� aI22 Mel,upor9' glvd• Afewppuct-Qeack 72&63 (, lP //0 ��iAtine/ t1oo)su1+ ;, )L L beb�7 R. 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(714)548 -5359 FAX TRANSMITTAL Company : rr• " y�� Date: -2/ � l y v Time: 1 Attention: FAX Number: 6' 2, y: Sent b , %z FAX Number: � �11�r-- (714)548-531:1 This transmission contains 1_ pages including this cover sheet. .6 fleawl d 1.nk 41101Y, n,ro�orr� Conte II /�raPos `mil NNYG _ 1(Sar�v 91a�,;fv�„�.- •r� /I^�5' -�� 9 �/ /a �,�a Sa a� -- .... - --- • <:'Id fin L; y P,a �tt/ /VrN /(S4.wL -6R1h -b S H E L 06, WPd - OsAU �i !'ms.eFa..r.' 93L A, 4/, ,l/ot EF m TENNYSON CONSTRUCTION CO. 391 La Perle Lane Costa Mesa, California 92627 (714) 645 -0572 vi-e- w -1-r o �,n S CnA A w a( I view -(�Ovvl lPvwi - ?I Er i�� -. V `. �. �� Yr. � 7. �� .��/ 1. �L R �� "/ \. T '. '• � J ,; � 4,., -� •t..., -,r! !j ;� �. �b J�. �. ,+ ._ . ; , ,, r �.?. .a--.: f. �`� t;,r '��., a, >. �'= . .rte ti i�� -. V `. �. �� Yr. � 7. �� .��/ 1. �L R �� "/ \. T '. '• � J ,; � 4,., -� •t..., -,r! !j ;� �. �b J�. �. ,+ ._ . ; , ,, r �.?. .a--.: f. �`� t;,r '��., a, >. �'= . G TENNYSON CONSTRUCTION CO. 391 La Perle Lane Costa Mesa, California 92627 (714) 6145.0572 11 [ �oit0 f tAell -�rlu w. ivt1 1 df- Sink �no�e �. .SkOLi S eXP0Sdc �DVSe �oob�v�oJ a"A S (a6 above i�, mark 61(,ea at O�OeS %ac., Aoui" 6—)O �ee} V, C) kOLAge- I Vto F! G1n)N �NQ( C W f hoto id a gda C s locus loss Of ScLn o( Uvt e1,e.%r �nnre� Sc.api �� 064 ) i �2 S2Ci WQLIS - 'IniSlrociCet rruv\s Q�out a 1iv�eGr -C e et-, 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 (EP98 -261) THIS AGREEMENT is made and entered into this day of 1998, by and between Robert Voit (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 2140 E. Balboa Boulevard, Newport Beach, California and legally described as Lot 39, Tract 756 (hereinafter "SUBJECT PROPERTY "), as shown on a map recorded in Book 23, Pages 7 and 8 inclusively of Miscellaneous Maps 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 the City -owned beach property (hereinafter "RIGHT -OF- WAY ") serving of Lot 40 and 41, Tract 756, (as legally described in Official Record No. 518/151, Book 518, Page 151) as shown on a map recorded in Book 23, Pages 7 and 8, 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 construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 \� 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a concrete seawall and appurtenances in the City -owned beach as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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. If permitted improvements 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, then the 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. 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 PERMITTFD IMPROVEMENTS, except as otherwise provided herein. 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: 2 \3 (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, unless the breach is cured within such 10 day period, 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. 7. 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 1`i 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: as ATTEST: City Attorney City Clerk Iff CITY OF NEWPORT BEACH, a Municipal corporation OWNER: 0 M Mayor Robert Voit 5 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 1998, 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 1998, 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) F:1Gmups/Pubw rks /Encroach /ROW _ agmis /98/96- 261VOITSP.doc 4 '� CITY OF NEWPORT BEACH CITY OF XMPORT BERce pRCIrIC OCERN VICINITY MRP NNW en, CUFMan II II I BW ►EST JETTY EMT JEM DOCK 4` r-/G,E' \1 \Zy�04 ZZ? 1` 4; � 39 37 3; �X, C3LKD � 1 r�A�T 20 �9 /off z iyo rU S. sL /CD L /NL U, S, p2L/ 0 L /NG7 kl b �G� I -y n PROFILE 1' = 40' SOLNDINGS ARE EXPRESSED IN FEET AM DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. t�P /L;2HL:A0 L /yE . FIRE & MARINE DEPT. CITY OF NEW ORT BEACH 0. - - Zd- %r FROPOSGD SVLXL1E- 10 Llu S 'aliC.KNL'q[U L /NBC 4664/ 4S.gg• �� S I LXISr 2LT,4 /til /,V .. pt/�!L•�- 1 75G 1 38 39' C3�Leoq r3LV2- LII I r� .� I I UI� z�l Ij L PLAN VIBV 1' = 40' LRPPLICRNT'S NAME VOIT RESIDENCE IJOB RDDRESS 2140 G, BAL1364BL✓UI DATE Glz7196 I c-v /J /a /-r- "A,' t-1