HomeMy WebLinkAbout18 - Request to Waive City Council Policy L-2, Driveway Approaches, at 4004 oth StreetQ �EwPpRT
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<,FORN'P City Council Staff Report
January 14, 2020
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tony Brine, City Traffic Engineer, tbrine@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Request to Waive City Council Policy L-2, Driveway Approaches, at
4004 oth Street
ABSTRACT:
The property owners (Owners) of 400 40th Street on Newport Island are planning to
redevelop their current single-family property to construct a new residential duplex. As
part of the redevelopment, the Owners are requesting that the City Council waive City
Council Policy L-2 (Driveway Approaches) to allow a new driveway on Marcus Avenue,
as well as the requirement to include one (1) additional covered non -tandem off-street
parking space as called for in the Council Policy
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Waive City Council Policy L-2 and allow a new driveway on Marcus Avenue at
400 40th Street on Newport Island. It is also recommended that as part of this waiver,
the project still be required to include one (1) additional covered non -tandem off-street
parking space as called for in the Council Policy.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Owners of 400 40th Street are planning to redevelop their existing single-family
property to construct a new residential duplex. The property is located on Newport Island.
(Attachment A). As part of the redevelopment, the Owners have written a letter
(Attachment B), requesting that the City Council waive City Council Policy L-2, Driveway
Approaches. The proposed project would include a 2 -car garage off the alley serving the
rear unit, and a proposed 2 -car garage off Marcus Avenue serving the front unit. The
proposed site plan has been provided by the Owners (Attachment C). Marcus Avenue,
along the project frontage, is currently red curbed and parking is not permitted along the
project frontage on Marcus Avenue, see site photo. (Attachment D).
18-1
Request to Waive City Council Policy L-2, Driveway Approaches, at 400 40th Street
January 14, 2020
Page 2
The goals of City Council Policy L-2 (Attachment E) are to minimize the number and width
of driveway openings to preserve on -street parking and to reduce the points of traffic
conflict. The policy requires residential properties that abut an alley to take access via
the alley only. However, the policy does provide for an exception to allow driveways on
the street, in the case of corner lots, subject to one of the following conditions:
• A new curb opening from the street shall be permitted where existing utility
conditions, that cannot be removed/relocated, prevent alley access and one (1)
additional covered non -tandem off-street parking space beyond code required
amount is being provided; or
• An existing curb opening can be maintained or relocated when one (1) additional
covered non -tandem off-street parking space beyond code -required amount is
provided and no loss of on -street parking is proposed.
The proposed project does not meet either of the conditions. The project does not have
a utility conflict in the alley that hinders alley access. The proposed project only provides
the code -required four (4) parking spaces.
The applicant points out that there is precedent for a similar type of driveway waiver on
Newport Island. On February 28, 2006, the City Council approved an encroachment
permit for a driveway on Marcus Avenue as part of a redevelopment project at 401 38th
Street (Attachment F).
Staff supports a waiver of City Council Policy L-2 at 400 40th Street to allow for a new
garage and driveway on Marcus, in addition to also having garage access off the rear
alley.
• A new driveway on Marcus Avenue would not cause a loss of existing on -street
parking along the project side of Marcus Avenue, as it is currently red curb.
• A second garage on Marcus Avenue should maximize the parking of vehicles
within the project garages by eliminating the use of tandem parking spaces in one
garage off the alley.
As a condition of the waiver, staff recommends the project still include one (1) additional
covered non -tandem off-street parking space as called for in the Council Policy as a
means to address the general shortage of parking on Newport Island, which will be
exacerbated by replacement of a single-family structure with a new duplex project.
Additionally, the existing garage on the project site is set back 10 feet from the alley,
which provides for one to two additional onsite parking spaces currently as shown in
attachment F — Site Photos. The proposed Duplex rear garage will be set back only 5
feet from the alley as allowed by code, and thus these spots will be eliminated The
Owners have indicated that the additional non -tandem covered off-street parking space
outlined in the exceptions would result in a loss of 325 square feet of livable area of the
rear unit. At City Council discretion, the additional off-street parking space could be
optional, or made as a compact spot.
18-2
Request to Waive City Council Policy L-2, Driveway Approaches, at 400 40th Street
January 14, 2020
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Owner Letter
Attachment C — Plans
Attachment D — Site Photo
Attachment E — City Council Policy L-2
Attachment F — February 28, 2006 Staff Report and Minutes for 401 38th Street
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October 20, 2019
Dave Feeley
CITY OF NEWPORT BEACH
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
RE: Request for an exception to L-2, section C. Driveway approaches, and request for an
exemption from the addition of one (1) additional covered non -tandem off-street parking
space beyond code; new construction, duplex, 400, 40th St`, Newport Beach, Co. 92663,
Newport Island.
This request is being made on behalf of myself, Kim Keirstead, and my brother Kevin ,Snow. Kevin
and I are long-time residents of Newport Island, having grown up in the home that is currently
located on the property we intend to develop. It was our mother's home for close to 50 years until
she passed in 2017. Myself, my husband, and our three children are currently living in the home.
Together, our families will be designing and building a two -unit duplex on the property, two units
equal in size, one for each of our families.
I would like to address City Council Policy L-2, section C:
C. For new developments, proposed new street curb openings or retention of existing street curb
openings shall not be permitted for residential property which abuts an alley. All vehicle access
shall be from the alley.
An exception may be made in the case of corner lots where the street on which the proposed new
or existing curb opening is not located on an arterial street and the street frontage is available for
the full depth of the lot., subject to the one of the following conditions:
A new curb openingforn the street shall bepermitted where existing utility conditions, that cannot
be removed/relocated, prevent alley access and one (1) additional covered non -tandem off-street
parking space beyond code required amount is being provided. The proposed new curb opening
shall be located to maximize the remaining on -street parking; or
1. An existing curb opening can be maintained or relocated when one(]) additional covered
non -tandem off-street parking spaces beyond code required amount is being provided and
no loss of on -street parking is proposed..
400, 40th St., Newport Beach, Ca. 92663, is a corner lot, the full length of the lot on Marcus is red
curb (there will be no loss of on -street parking), it is not located on an arterial street, and there
is street frontage available for the full depth of the lot.
The proposal follows the current municipal code, which requires four parking spots, two parking
spots per unit. Parking for the front unit would be accessed from Marcus and parking for the rear
unit would be accessed from the alley.
18-5
The lot allows an opportunity to avoid a double -stack tandem design that can hinder traffic flow.
Where one car needs to be pulled out of the garage to allow for second car in the garage to pull
out. In this situation, the car pulling out from the carport would be backing out into the alley and
then into the street.
Newport Island, in general, has very low traffic volume, all streets and alleys are two-way and are
used equally.
The addition of the (1) additional covered non -tandem off-street parking space beyond code would
cause a loss of approximately 325 sq. Ft. of livable space. As it is, the design program requires
small living spaces, the loss of 325 sq. Ft. of livable space would cause substantial difficulties.
We appreciate the time that City Council members and staff have taken to come to visit the site.
This is a unique location where L-2, section C should not be applied as it does not benefit the
neighborhood. As long-time residents of Newport Island, it is essential for us to build an
aesthetically pleasing home, that is in harmony with the current architecture and is a compliment
to the community,
ur consideration.
18-6
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MARCUS AVE.
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DEMO SITE PLAN (FOR REFERENCE ONLY)
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L 26-3"DRIVEWAYSB L 18' fi O
UNIT 1 = 120 5F UNIT 2 = 1 920 SF�I UNIT 2 = 1 920 SF
UNI!
LEVELS�LEVELS�3 LEVELS
MARCUS AVE.
------------ ------- - ------------ -------- ------- -----------
I
SITE PLAN 4 2"1.2-
SCALE:1/8" = V -D"
BMP NOTES:
1. SUFFICIENT BMP'S MUST BE INSTALLED TO PREVENT
SILT, MUD, OR OTHER CONSTRUCTION DEBRIS FROM
BEING TRACKED INTO THE ADJACENT STREET(S) OR
STORM WATER CONVEYANCE SYSTEMS DUE TO
CONSTRUCTION VEHICLES OR ANY OTHER
CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR CLEANING ANY SUCH DEBRIS THAT
MAY BE IN THE STREETAT THE END OF EACH WORK DAY
OR AFTER A STORM EVENT THAT CAUSES A BREECH IN
THE INSTALLED CONSTRUCTION BMP'S.
2. ALLSTOCK-PILES OF UN -COMPACTED SOILAND/OR
BUILDING MATERIALS THATARE INTENDED TO BE LEFT
UNPROTECTED FORA PERIOD GREATER THAN SEVEN
CALENDAR DAYSARE TO BE PROVIDED WITH EROSION
AND SEDIMENT CONTROLS. SUCH SOIL MUST BE
PROTECTED EACH DAY WHEN THE PROBABILITY OF
RAIN IS 40% OR GREATER.
3. A CONCRETE WASHOUT SHALL BE PROVIDED ON ALL
PROJECTS WHICH PROPOSE THE CONSTRUCTION OF
ANY CONCRETE IMPROVEMENTS THAT ARE TO BE
POURED IN PLACE ON THE SITE.
4. ALL EROSION/SEDIMENT CONTROL DEVICES SHALL BE
MAINTAINED IN WORKING ORDER ATALL TIMES.
5. ALL SLOPES THATARE CREATED OR DISTURBED BY
CONSTRUCTION ACTIVITY MUST BE PROTECTED
AGAINST EROSION AND SEDIMENT TRANSPORT AT ALL
TIMES.
6. THE STORAGE OF ALL CONSTRUCTION MATERIALS AND
EQUIPMENT MUST BE PROTECTED AGAINSTANY
POTENTIAL RELEASE OF POLLUTANTS INTO THE
ENVIRONMENT.
GENERAL NOTES:
A (E) BUILDINGADDRESS TO REMAIN MOUNTEDABOVE
FRONT DOOR. NUMBERS ARE 4" H, W/.5" MIN STROKE
AND A CONTRASTING COLOR TO THE BUILDING.
B COMBUSTIBLE DEBRIS SHALL NOT BE ACCUMULATED
WITHIN BUILDINGS. WASTE SHALL BE REMOVED AT THE
END OF EACH WORK SHIFT
C MATERIALS SUSCEPTIBLE TO SPONTANEOUS IGNITION,
SUCH AS OILY RAGS, SHALL BE STORED IN
A LISTED DISPOSAL CONTAINER
D. AN APPROVED SEISMIC GAS SHUTOFF VALVE WILL BE
INSTALLED ON THE FUEL GAS LINE ON THE DOWN
STREAM SIDE OF THE UTILITY METER AND BE RIGIDLY
CONNECTED TO THE EXTERIOR OF THE BUILDING OR
STRUCTURE CONTAINING THE FUEL GAS PIPING. (PER
ORDINANCE 170, 158) (INCLUDES COMMERCIAL
ADDITIONS AND TI WORK OVER $10,000) SEPARATE
PLUMBING PERMIT IS REQUIRED.
E. PLUMBING FIXTURES ARE REQUIRED TO BE
CONNECTED TO A SANITARY SEWER OR TO AN
APPROVED SEWAGE DISPOSAL SYSTEM (R306.3)
F. KITCHEN SINKS, LAVATORIES, BATHTUBS, SHOWERS,
BIDETS, LAUNDRY TUBS AND WASHING MACHINE
OUTLES SHALL BE PROVIDED WITH HOTAND COLD
WATER AND CONNECTED TO AN APPROVED WATER
SUPPLY (R306.4)
G. BATHTUB AND SHOWER FLOORS, WALLS ABOVE
BATHTUBS WITH A SHOWER HEAD, AND SHOWER
COMPARTMENTS SHALL BE FINISHED WITH A NOW
ABSORBENT SURFACE. SUCH WALL SURFACES SHALL
EXTEND TO A HEIGHT OF NOT LESS THAN 6 FEETAOBVE
THE FLOOR (R307.2)
H. PROVIDE ULTRA LOW FLUSH WATER CLOSETS FOR ALL
NEW CONSTRUCTION. EXISTING SHOWER HEADS AND
TOILETS MUST BE ADAPTED FOR LOW WATER
CONSUMPTION.
I. PROVIDE 70 INCH HIGH NON-ABSORBANT WALL
ADJACENTTO SHOWER AND APPROVED SHATTER -
RESISTANT MATERIALS FOR SHOWER ENCLOSURE.
(11158.2 AND 2406.3(5)
J. WATER HEATER MUST BE STRAPPED TO WALL (SEC.
507.3, UPC)
K. SMOKE DETECTORS SHALL BE PROVIDED FOR ALL
DWELLING UNITS INTENDED FOR HUMAN OCCUPANCY,
UPON THE OWNER'S APPLICATION FORA PERMIT FOR
ALTERATIONS, REPAIRS, OR ADDITIONS, EXCEEDING
ONE THOUSAND DOLLARS ($1,000). (R314.6.2)
L. WHERE PERMIT IS REQUIRED FOR ALTERATIONS,
REPAIRS OR ADDITIONS EXCEEDING ONE THOUSAND
DOLLARS ($1,000), EXISTING DWELLINGS OR SLEEPING
UNITS THAT HAVE ATTACHED GARAGES OR FUEL
BURNING APPLIANCES SHALL BE PROVIDED WITH A
CARBON MONOXIDE ALARM IN ACCORDANCE WITH
SECTIONS R315.1. CARBON MONOXIDE ALARMS SHALL
ONLY BE REQUIRED IN THE SPECIFIC DWELLING UNIT OR
SLEEPING UNIT FOR WHICH THE PERMIT WAS OBTAINED.
(R315.2)
M. EVERY SPACE INTENDED FOR HUMAN OCCUPANCY
SHALL BE PROVIDED WITH NATURAL LIGHT BY MEANS
OF EXTERIOR GLAZED OPENINGS IN ACCORDANCE WITH
SECTION R303.1 OR SHALL BE PROVIDED WITH
ARTIFICIAL LIGHT THAT IS ADEQUATE TO PROVIDE AN
AVERAGE ILLUMINATION OF 6 FOOT-CANDLES OVER THE
AREA OF THE ROOM ATA HEIGHT OF 30 INCHES ABOVE
THE FLOOR LEVEL. (R303.1)
CONSTRUCTION NOTES:
C-1. AN ENCROACHMENT PERMIT IS REQUIRED FOR ALL
WORK WITHIN THE PUBLIC RIGHT-OF-WAY FROM THE
PUBLIC SERVICES DEPARTMENT.
L
NOTE:
A. DIMENSIONS ARE TO FACE OF FINISH
B. FIELD VERIFY ALL DIMENSIONS
C. (AOW)=AREA OF WORK
D. (NAP) = NOTA PART OF SCOPE
E. (PIP) - PROTECT IN PLACE
F. (E) = EXISTING, (N) = NEW
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18-8
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DRIVEWAY APPROACHES
General
L-2
A. An encroachment permit shall be required prior to any driveway construction
within the street right-of-way. All construction shall conform with the Standard
Plans and Specifications of the City of Newport Beach, which may be amended
from time -to -time. Brick, textured concrete or flat stone surfacing may be used
subject to Public Works Department approval. Such brick, textured concrete or flat
stone surfacing may not be used on Bayside Drive.
B. The number and width of driveway openings shall be kept to a minimum allowed
by City standards so as to preserve on -street parking and to reduce the points of
traffic conflict.
C. The term "Curb Opening' shall mean the total width of the approach including
the slope distances on the curb. The term "Approach Bottom" shall mean the total
width of the approach less the slope distances on the curbs.
D. Curb openings shall not be constructed closer than five (5) feet to the beginning of
the curvature of a curb return, crosswalk, fire hydrant, traffic signal/ street light,
utility pole/ anchor/ pedestal or trees, unless approved by the Public Works
Department.
E. The entire curb opening shall be within the prolongation of the property lines
except when cross easements provide for a common driveway along the mutual
property line.
F. No permit shall be issued for driveways on Clubhouse Drive, Glen Drive, Balboa
Island or on the ocean side of Ocean Boulevard without City Council approval.
No curb openings shall be permitted on Ocean Boulevard when access is available
from an existing alley, street or improved private roadway.
G. No permit shall be issued if the driveway encroaches on a crosswalk area.
H. No permit shall be issued if the driveway construction requires the relocation of
any public facility such as fire hydrants utility pole/ anchor/ pedestal, street tree,
vault, vent pipes, or street lights without prior written approved of the Public
Works Department and a deposit has been made to cover the cost of relocation.
The property owner shall pay all costs for the relocation of any public facilities.
J. No permit shall be issued unless the applicant agrees to remove any existing
driveway opening that is or will be abandoned, and reconstruct curb, gutter and
sidewalk (if applicable) to City Standards at no cost to the City.
1
18-10
L-2
K. Where practical, difficulties or hardships may result from the strict application of
this policy, minor dimensional variances may be granted with prior written
approval of the Public Works Director.
L. Nothing herein shall be construed as preventing any person from appealing to the
City Council for relief from the applications of this policy.
M. No building permit shall be issued on a parcel whose access requires City Council
review for an encroachment permit on public property, until said encroachment
permit has been issued.
Residential Zones and Residential Uses - Special Requirements
A. The width of the driveway approach bottom shall not exceed twenty (20) feet
except when the driveway is to serve an enclosed three (3) or four (4) car garage,
in which case the driveway approach bottom may be increased to twenty-five (25)
feet or thirty-two (32) feet, respectively.
B. One (1) additional curb opening may be permitted to a single parcel subject to the
following conditions:
The total width for all openings shall not exceed fifty percent (50%) of the
total frontage of the parcel; and
2. The curb openings shall be separated by at least twenty (20) feet to retain
maximum street parking.
C. For new developments, proposed new street curb openings or retention of existing
street curb openings shall not be permitted for residential property which abuts
an alley. All vehicle access shall be from the alley.
An exception may be made in the case of corner lots where the street on which the
proposed new or existing curb opening is not located on an arterial street and the
street frontage is available for the full depth of the lot, subject to the one of the
following conditions:
A new curb opening from the street shall be permitted where existing
utility conditions, that cannot be removed/ relocated, prevent alley access
and one (1) additional covered non -tandem off-street parking space beyond
code required amount is being provided. The proposed new curb opening
shall be located to maximize the remaining on -street parking; or
2
18-11
L-2
2. An existing curb opening can be maintained or relocated when one (1)
additional covered non -tandem off-street parking spaces beyond code
required amount is being provided and no loss of on -street parking is
proposed.
In no case shall there be more than one (1) street curb opening on a residential
property that abuts an alley.
D. Driveway grades must not exceed the listed applicable maximum slope
depending on application. Driveways to lowered or entrances to subterranean
parking must rise above the flood level or a minimum of six (6) inches above the
flow line of the street or alley, whichever is greater, before transitioning to a
downward slope. Slope transitions shall be a minimum of five (5) feet in length
and the change of slope cannot exceed eleven percent (11%).
Driveways providing onlyparking access - Fifteen percent (15 %) maximum slope.
Must have access directly from garage into residence.
Driveways providing vehicle and pedestrian access - Eight percent (8%)
maximum slope.
Driveways providing required parking spaces on the driveway i�lf - Five
percent (5%) maximum slope.
Minor variations from the listed maximum slopes and slope changes may be
granted by the Public Works Director when unusual site conditions are
encountered.
Commercial Uses
A. The width of the driveway approach bottom shall not exceed thirty-five (35) feet.
B. The total width of all driveways shall not exceed fifty (50%) of the frontage of the
parcel.
C. Commercial driveway approaches may use a curb return design with a maximum
curb radius of twenty-five (25) feet and a driveway approach bottom of greater
than thirty-five (35) feet if the following conditions are satisfied:
1. The driveway serves as an entrance to a parking area or structure for 200
or more vehicles.
3
18-12
L-2
2. The number of driveways serving the parcel are at a minimum.
D. The curb return commercial driveway approach may incorporate a divided exit
and entrance if the separation structure (median island) is continued on-site in
such a manner as to provide proper traffic design.
Closure of Abandoned Driveway Approaches By City
The City may close any abandoned driveway approaches at locations where two (2) or
more of the following criteria exist:
A. The abandoned driveway approach is adjacent to a parcel of property where
redevelopment and possible subsequent closure of the approach is not believed
imminent;
B. The driveway approach is at a location where there is a shortage of available on -
street parking;
C. The removal of the driveway approach is needed for safe pedestrian and/or
bicycle passage;
D. The closure of the abandoned driveway approach benefits not so much to the
property owner as the pedestrian and vehicular traffic in the area;
E. The parcel is adjacent to and can take access from a public alley.
When in the opinion of the Public Works Department, a curb cut or abandoned driveway
approach should be closed, and the adjoining property owner protests the closing, the
protester shall be notified that he shall have two (2) weeks to appeal the staff decision to
the City Council. That appeal must be in writing and may be filed through the mail. If
an appeal is not made, the City shall proceed with the closure. If an appeal is made, a
hearing shall be held by the City Council, and the decision of the Council shall be final.
History
(1966, 01/24) - L-2 -Adopted
(1968, 02/26) - L-2 - Amended
(1970,03/09) - L-2 - Amended
(1972, 02/14) - L-2 - Reaffirmed
(1972,07/24) - L-2 - Amended
(1977,11/14) - L-2 - Amended
(1982,10/12) - L-2 - Amended
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18-13
L-2
(1982,10/25) - L-2
- Amended
(1987,07/13) - L-2
- Amended
(1989,11/27) - L-2
- Amended
(1992,12/14) - L-2
- Amended
(1994, 01/24) - L-2
- Amended
(1996, 02/26) - L-2
- Amended
(2001, 05/08) - L-2
- Amended
(2006,10/10) - L-2
- Amended
(2018, 08/14) - L-2
- Amended
5
18-14
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
February 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL,
FROM: Public Works Department
iris Lee, P.E.
949-6448311
ilee@city.newport-beach.ca.us
SUBJECT_: 401 38'" STREET —APPEAL OF STAFF DECISION TO NOT ALLOW A
NEW CURB CUT ON NEWPORT ISLAND
APPLICANT: RYAN VITT
RECOMMENDATIONS:
1. Approve Encroachment Permit N2006-0073
or
Deny Encroachment Permit N2006-0073 based on its nonconformance with the
provisions of Council Policy L -2.C.
2. Direct staff to condition the Owner to close the existing curb cut fronting the
property on 38th Street in conjunction with the construction of the proposed
duplex.
DISCUSSION:
Background:
Ryan Vitt, owner of 401 381h Street at Marcus Avenue on Newport Island, is requesting
approval to make a new 19 -foot long curb cut along the property's Marcus Avenue
frontage to provide required parking for a new two -unit residential prosect (see tetter
attached as Exhibit 'A'). The owner proposes to construct a new Marcus Avenue curb
cut to provide access to the two -car garage assigned to the front unit. Access to the
rear unit one -car garage/one-car carport will be taken from the alley. The property
currently has two utilized garage access points -- one off the alley and one off 38
Street.
18-15
401 38TH STREET— APPEAL OF STAFF DECISION TO NOT ALLOW ANEW CURB CUT ON NEWPORT ISLAND
February 28. 2006
Page 2
City Council Policy L-2.0 specifically states "Street curb openings shall not be permitted
to residential property which abuts an alley" and "An exception may be made for corner
lots under special circumstances such as an existing structure prevents full alley access
or additional covered off-street parking is being provided." Mr. Vitt's development will
provide o my t he m inimum four (4) o n -site p arking s paces r equired of all new duplex
buildings and therefore does not meet the "additional on-site parking" criteria to qualify
for a new curb cut on Marcus Avenue.
Staff therefore recommends the City Council to approve or deny the Owner's request to
make a new curb cut on Marcus Avenue and to direct staff to condition the Owner to
abandon the existing curb out fronting the property on 38th Street in conjunction with the
construction of the proposed duplex.
Environmental Review:
Pursuant to Section 15303, New Construction or Conversion of Small Structures --
Class III of CEQA Guidelines, this action is exempt from environmental review.
Prepared by:
i ee - P- E.
Associate Civil Engineer
Submitted by:
tephen G. Badum
Public Works Director
Attachments: Exhibit'A' - Letter from Ryan Vitt (owner)
Exhibit `B' - Proposed Site Plan
18-16
Owner/Contractor: Ryan Vitt
Address: 401 38th Street
Request: Curia cut approval and waiver of 5th onsite panting space
I am requesting City Council approval of a curb cut and a waiver of the Public Works
required 5th onsite parking space for a new duplex located at 401 38th Street on
Newport Island. The proposed curb cut will be located on Marcus Avenue, 35 feet 4
112 inches from the corner of Marcus Avenue and 38th Street. This proposed curb cut
distance from the intersection of 38th Street and Marcus Avenue is consistent with
other duplexes within the city of Newport Beach. The proposed curb cut will not do
away with any street parking along Marcus Avenue or 38th Street. Since there is no
decrease in the number of street parking spots, I am requesting the Public Works
required 5th onsite parking spot be waived. The proposed new duplex is more in scale
with the current development on the island as compared to new duplexes with all 4
onsite parking spots located off the alley. As the drawings show, the proposed new
duplex meets the required 4 onsite parking spaces, 2 parking spaces per unit, as well
as the appearance of 2 individual side by side units.
Thank you,
Ryan Vitt
EXHIBIT A
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City of Newport Beach
City Council Minutes
February 28, 2006
EQA.IC - Council Member Nichols reported that they met last night and will be preparing
comments relative to the General Pian.
Ad Hoe Teleconanunications Committee - Couucilmember Daigle reported that they have
been discussing a media policy.
Newport Beaeh/irvino Borders Committee - Council Member Daigle reported that the
Newport Beach members met with outside legal counsel and generated and sent a letter to
Irvine that articulates the City's concerns with their development at the City's border.
City Hall Site Review Committee - Mayor Pro Tem Rosansky reported that they will meet
next on March 6 in the Council Chambers and indicated that they are still. soliciting potential
sites for City Hall.
Facilities Finance Review Committee - Mayor Webb reported that they met on Monday and
will meet again on the March 13 at 4:00 p -m. He stated that they received reports relative to
future facilities needs and the City's ftancial status.
SCAG Aviation Committee - Council Member Ridgeway stated that they discussed
the airport system as it relates to the regional transportation plan. He reported that they will
be looking at a ground transportation system and noted that Southern California's requirement
will be 170 Million Annual Passengers (MAP) by 2030.
M. K ANNIN{ COMMISSION AGENDA AICD n L STATUS REPORT
14. PLANNING COMMISSION AGENDA. FOR FEBRUARY 23, 2006. [100-20061
Planning Director Temple reviewed the following Planning Commission
items: Brookfield Homes - 1801 Quail. Street (PA2004-261.); JS Residential, L -P. - 801
Domingo Drive (PA2005-110); and Fire Facility Overlay for the proposed Fire Station in
Santa Ana Heights (PA206-033).
N. CUlE{'.RNNT Il_UJ IF NESS
15. 401 88TH STREET - APPEAL OF STAFF DECISION TO NOT ALLOW A NEW
CURB CUT ON NEWPORT ISLAND. [100-20061
Traffic/Development Services Manager Edmonston provided the staff report and
indicated that they denied the request because, although tho number of on -street
parking spaces will be maintained, it doesn't conform with the Councjl policy.. Council
Member Ridgeway believed that the policy isn't serving, the citiaena well in this case
and noted that the current curb cut is the only one on 38th Street.
Motion by Council Member Ridgeway to 1) approve Encroachment Permit N2006.
0073; and 2) direct staff to condition the owner to close the existing curb cut fronting
the property on 38th Street in conjunction with the construction of the proposed duplex.
Ryan Vitt, property owner, displayed a model of the proposed now curb cut.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
February 28, 2006
Ayes: Council. Member Curry, Council Member Selich, Mayox Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
16. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C-8460), APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E.
.BARNHART, AND AMENDMENT NO. 3 TO PROFESSIONAL. SERVICES
AGREEMENT WITH GAIL PICKART. 1881100-20061
Assistant City Manager Diff utilized a PowerPoint presentation to show what entities
are involved in the project, how Shellmaker looks today and how it will look atter the
Back Bay Science Center (BBSC) is constructed, the floor plan of the BBSC, the phases
of the project, the updated budget, issues for Council to consider, and the project
timeline. He displayed the websites where people can get more information and noted
that the partners have been working on this project for about five years.
In response to questions, Assistant City Manager Kiff explained that the City's
contribution is coming from the American Trader Oil Spill Fund, the Newport Bay
Restoration Fund, the General Fund, and reimbursable Trailhead Funds. He clarified
that improvements like including a tidepool feature and the canvas cover over the
amphitheater are not in this phase as they intend to seek sponsors.
Noting how much money is berg spent on the Back Bay, Council Member Nichols
stated that he would like to see the money used in the front Bay.
Council Member Ridgeway noted that, as Chair of the Coastal/Bay Water Quality
Citizens Advisory Committee, he and all the members support this. Further, whe;a the
tidepool its added, there will not be as many students visiting the Corona del Mar
tidepools.
11+IatiQu.by_Couneil-Jimber Riclfevs* to 1) approve the plans and specifications; 2)
award or reject the bid packages (1-16) for C-3460 as outlined in the staff report for the
total bid price of $4,469,033 and authorize the Mayor and the City Clerk to execute the
contracts; 3) establish an amount of $245,000 to cover the cost of .unforeseen work; an
amount of $260,000 to cover contracts for items to be re -bid; and an amount of $212,900
for professional support services, preconstruetion services and relocation costs to move
existing modular units; 4) approve a Construction Manager at Risk Agreement with
Douglas E. Barnhart, Inc. authorizing compensation for an amount not to exceed
$574,631 and authorize the Mayor and the City Clerk to execute the Agreement; 5)
approve Amendment No. 3 to Professional Services Agreement with Gail P. Pickark
P.E., for project management during construction for a not to exceed amount of $45,000
' and authorize the Mayor and the City Clerk to execute the Amendment; 6) approve
budget amendments (06BA-045)•in the aggregate amount of $5,806,564 from Account
Numbers 0104605 ($1.,661,164), 230-3605 ($311,000), 457-4879 ($112,000), 457-4879-1
($615,400), 457-5927 ($69,000), 457-4911 ($1,230,000), 467-4934 ($308,000), 457-4929
($600,000), 457-4940 ($400,000), 457-4928 ($500,000) to Account No. 7457-051.00661.
7) authorize the City Manager to enter into a Funding Acceptance and Recognition
Agreement with miooean for signage and an entryway monu:mentation that recognizes
miocean's $500,000 contribution to the BBSC.
Dr. Jack Spinner requested that Council support the motion and expressed his reasons
why the BBSC is needed.
Jack Keating, Newport Bay Naturalists and Friends member, stated that there is a
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