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HomeMy WebLinkAbout20 - Appeal of Denial of Curb Cut 422 RedlandsNovember 8, 1999 CITY COUNCIL AGENDA ITEM NO. 20 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT ADJACENT TO 422 REDLANDS AVENUE IN THE NEWPORT HEIGHTS AREA RECOMMENDATION: Deny the appeal for an Encroachment Permit to allow construction of a curb cut at 422 Redlands Avenue. DISCUSSION: Mr. Will Higman, the owner of 422 Redlands Avenue, is requesting approval of an Encroachment Permit for the construction of a curb cut along the Redlands Avenue frontage to provide parking for a new home (see attached letter dated October 15, • 1999, Exhibit "A "). Also attached is a November 1, 1999, letter (Exhibit "A -1 ") explaining the reasons why Mr. Higman feels that City Council Policy L -2 should be waived to allow a curb cut at 422 Redlands Avenue. The rear of 422 Redlands Avenue abuts an alley, (see Exhibit "B "). City Council Policy L -2 states that "curb cuts shall not be permitted to residential property which abuts an alley". Any exceptions to this policy must be approved by the City Council (see Exhibit .C. All redeveloped properties along Redlands Avenue have provided vehicular access from the adjacent alley. City Council Policy L -2 requires property owners that redevelop their property to provide vehicular access from the adjacent alley and remove any driveway access from the adjacent street. Of the 41 lots fronting on Redlands Avenue between Cliff Drive and 15"' Street there are 8 properties that have vehicular access from the street and the dwellings appear to have been constructed in the 1940's, 50's or 60's. There are 3 additional unused curb cuts that have been blocked off and are no longer in use. The City will close these curb cuts this year. In the City's instructional memo concerning submittals and approvals required in the Building Permit process, Mr. Higman points out that the Building or Planning Department did not indicate that the Public Works Department[Traffic Engineering • approval was needed. SUBJECT: Appeal Of The Denial Of An Encroachment Permit For The Construction Of A Curb Cut In Redlands Avenue Adjacent To 422 Redlands Avenue In The Newport Heights Area November 8, 1999 Page: 2 His letter further states that he needs a curb cut. A curb cut requires work in the City's right -of -way. In the July plan check the applicant was directed to check with the Public Works Department concerning the curb cut. Also, under "NOTES (c)" in the instructional memo (see attachment to Exhibit A), it clearly states that the applicant is responsible for submitting plans to the Public Works Department for approval and for obtaining an Encroachment Permit for work in the City's right -of -way. This was not done until after the Building Department plan check was completed Staff has reviewed its procedures and is implementing revisions that will insure early notification of the City's policy on curb cut restrictions where alley access is available. RespecffulllyyQSu�b 'tt (01 Don Webb Public Works Director By: �d Richard L. btoffstadt, P.E. Development Engineer Attachments: Exhibit "A" Letter dated October 15, 1999 Exhibit "A -1" Letter dated November 1, 1999 Exhibit "B" Exhibit showing location of parcel Exhibit "C" Council Policy L -2 40 f:\u sera\ pbvAshared\ oounUPfy99 .00November- B\redlands.doc •) • October 15, 1999 Mr. Don Webb Public Works Department City of Newport Beach Dear Mr. Webb, I wish to appeal the decision disallowing a curb cut at my property located at 422 Redlands Avenue. The reason for this appeal is based on the fact that the building and planning departments have approved for construction a new driveway and garage. I cannot grade my driveway to the approved slope without this curb cut. Please be aware that the original slope of the proposed driveway had to be changed after the plans were checked. At the time these changes were requested by the city no one ever mentioned that we were not allowed a curb cut at this address. I would also like to point out that during three separate pre - design meetings with the city staff we were never requested to go the public works department for an approval for a curb cut. Per the city's required approval process, it is the responsibility of the building and planning departments to direct a homeowner to the public works department for this approval. This did not happen in my case. (See attached.) My house has been approved for all aspects of construction except for the approval of the curb cut. I respectfully request to be added to the agenda for the City Council meeting to be held on November 8, 1999, to further discuss this appeal. Sincerely, W er ` • Will Higman Exhibit A CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 xENERALLY REQUIRED SUBMITTALS AND SUBMITTALS FV b. C. d. e. f. Two sets of complete drawings (architectural, structural, and fire sprinkler drawings if applicable) One set of structural calculations One set of Title 24 energy calculations Two sets of grading /drainage plans Two copies of soils reports Building permit application, grading, electrical, mechanical, plumbing and sprinkler permit applications, if applicable Survey (Line and Grade) APPROVALS a. Building Department b. Planning Department C. Coastal Commission (if required by the Planning Department) d. Public Works/Traffic (if reguired by Building or Planning Department) e. Fire Department (multi- dwelling units) f. Marine Division (if required by Building Department) NOTES a. The average plan check time is 3 1/2 weeks; incomplete submittal will result in a delay. b. Additional submittals and approvals may be required for special projects. C. The applicant is responsible for submitting plans to the Public Works Department for approval and for obtaining an encroachment permit for all work within City rights -of -way and easements. d. Drawings must show property lines, grades, adjacent street curb grades and all public utility easements. 3300 Newport Boulevard, Newport Beach 40 .' • November 1, 1999 City Council Members City of Newport Beach Dear Council Members, 1W - 1 issa I would like this letter to serve as my family's testimony to the problem we are facing with the City of Newport Beach. My family consists of myself, Will Higman, my wife, Kristin, our daughter, Matilda, age 2, and our son, Jerome, age 1. We reside at 5305 Lido Sands Drive in West Newport Beach and have lived at this address for the last 15 years. Our problem is related to the construction of our new family home located at 422 Redlands Avenue in the Newport Heights area. We purchased this property in 1996 as a rental property. Sometime in early 1998 after our two children were born, my wife and I decided that the neighborhood at the Redlands house would better suit our growing family. Over the next few months we discussed our options. • The two options we were considering were to add on to the existing home or build a new house. The advantage of building a new house was to have the opportunity to make a larger backyard for our children. The existing home was built in the 1950's with a 6 -car garage built in 1984. The problem with this new large garage was that it took up most of the backyard. At that time we felt the best option for our family was to build a new house with the garage in the front and push the house out to the front property line. We got this idea from looking at the next door neighbor's house which includes a driveway and garage in the front facing Redlands Avenue. The next hurdle to overcome was how to pull this off financially. We came up with a plan and decided to set June 1, 1999 as our target start date. In the fall of 1998 I visited the Planning and Building departments. The purpose of this initial visit was to obtain all of the zoning regulations that pertain to the building process. I discussed with the Planning Department my intentions to build a new house on the property and the basic design we had in mind. The design included a house with an attached garage that would face Redlands Avenue. I came away from this meeting with all of the setback requirements that I would need to draw the basic footprint of the new house. Soon after I drafted the footprint I visited the property site to take some measurements. During this visit I noticed that the neighbor's garage had been built within the 20' front setback. I did not understand and wondered if I had written down the wrong setback requirement. I took my drawing back to the Exhibit °A -1° Planning Department to show them that the garage I intended to build would no match up with the neighbor's garage. It was explained to me that the neighbor's house had been built prior to some new setback regulations. I was told I would have to hold my garage back to the 20' setback. On December 1, 1998 I hired an architect to design a craftsman style house and to complete all the required drawings and plans. Following his normal procedure my architect visited the site and then visited the Planning Department for a pre - design meeting. At this meeting he discussed the intentions of designing a home with a front facing garage. He obtained all of the setback requirements which apply to that particular property. It is important to note that at no time during these three pre - design meetings were we advised that we could not build a garage facing Redlands Avenue and we were never requested to visit the Public Works Department for any reason. Per the city's own procedure a homeowner is not required to go to the Public Works Department unless instructed to do so by the Building or Planning Departments. The Planning Department is in charge of the city's zoning ordinances. They are responsible for letting the homeowner and architect know what they can and cannot do with respect to designing a new home. It is not the owner or architect's responsibility to know every setback or zoning requirement. Over the next six months my architect created the working drawings that are required by the Building and Planning Departments. On June 17, 1999 we submitted the plans for plan check. The plans made it through plan check on August 13, 1999 with no major corrections. However in retrospect, the most interesting correction was a request by the plan check representative to change the slope of the driveway. We were asked to change the slope by a percent or two and add the following note to the site drainage plan: add: "REMOVAL OF THE EXISTING CURB & GUTTER, BRICKWALK. AND REPLACE DRIVEWAY PER CITY STD. 163 -L .... AND V MIN SAWCUT AC PAVEMENT." Please keep in mind at this point in the correction process the city is actually asking us to remove and replace with a new driveway per city specifications because we had an incomplete note on the site and drainage plan. Over the next few weeks we made all the changes that were required by plan check an d we re- submitted the plans. Once again the plans came back from plan check on August 31st with a few minor changes. We made those final changes and re- submitted the plans on September 10, 1999. At this point we were three months behind schedule and things were starting to .) move quickly. I hired my general contractor who is also a Newport Beach resident. 1 was working with the bank for a construction loan but with our 2 • limited resources the money we could spend on the construction of the new house had to fall under a certain budgeted dollar amount. With much negotiation and a few favors here and there we barely qualified for the construction loan. Also during this time our renters had moved out of the house. After a year and a half of planning we were finally getting close. At this point we were running into a couple of major stumbling blocks. The first one was that in order for my contractor to do the job at the budgeted figure he had to start right away. However in order to start construction the loan with the bank had to close escrow. The bank would not close until they had been notified that the plans were approved by the city. Through the plan check representative we heard rumblings that the plans should be finally approved on or before Friday, September 1711, "but don't count on it ". Because I am an optimist I scheduled the demolition company for Monday, September 20, 1999 to tear down the existing house. The time was getting very close now. On September 15, 1999 the plan check department told me that our plans had been checked completely however some other people within the city staff wanted to review them one last time. At this point I was on pins and needles because as I mentioned the existing house was scheduled to be torn down in four days. On Friday, September 17, 1999 we got the call we had been waiting for. The Building Department called and told us the plans had been approved for construction and to 'come on down and get your building permits ". This worked fine because I never called off the demolition for Monday morning the 201h. I notified the bank that based on the phone call from the Building Department we were ready for permits. There were a lot of smiles around our household that weekend because the dream was finally inked. On Monday morning September 20ei the demolition took place as scheduled. I was not able to watch due to an all day business meeting. Tuesday morning the 2151 I met with my contractor at the city offices to -help him with the building permits. It was my responsibility to pay the fees. When I arrived it was very exciting to see the plans with the city's approval stamps all over them. What happened next I would call the most frightening moment of my life. We were at the Public Works counter to pay for the permit to cut the curb for our new driveway when the gentleman at the counter said, "Wait a minute, you're not allowed to cut the curb at this address." I said, "What are you talking about? Our plans are all approved by the Building and Planning Departments for all aspects of construction." This was the beginning of the nightmare to follow. Please keep in mind that it has now been a full year since my first pre - design meeting with the Planning Department. . As you can imagine at this point my emotions were running high and my mind was racing. After a couple of sleepless nights I started to calm down and think about my options. These options are far different than the ones my wife and I 3 were planning a year and a half earlier. I decided it would be best to make an ,' appointment with the City Manager, Mr. Homer Bludau. Attending the meeting with Mr. Bludau were the Department heads of the Building, Planning and Public Works Departments and the City Attorney. I had an opportunity to give my side of the story. When I completed my presentation everyone was speechless. I took this as a positive sign. A few days later the City Manager called to tell me there was nothing they could do. I was not satisfied with this outcome. I have appealed the curb cut denial decision and that is why this matter has been placed on the agenda for the City Council meeting to beheld on November 8th. Before I continue I would like to mention that the council members have made a good decision in hiring Mr. Homer Bludau as the new City Manager. He has handled my challenging situation very gingerly and with remarkable professionalism. I would also like to say that I appreciate his kind words of encouragement. Due to his professionalism he has already taken steps to change some city workflow policies to ensure that an oversight of this magnitude never happens again. Where we go from here is the next question. We no longer have a house to rent, move into, remodel, or sell. Redesigning the house is not an option for us due to the fact that we cannot qualify for any additional funds from the bank. For now our contractor is standing by us as he is a fellow Newport Beach resident and future neighbor. I know this letter has been long but this is a very big moment in our lives. Knowing that the City Council has the power, we are asking that the ordinance we are in violation of be overridden and my family be allowed to move on with our lives. I do not believe that the override will set any precedent. Fifty percent of the houses on the block already have driveways that face the street. These are the homes that have set the precedent. I want you to know that we have the support of our immediate neighbors. They realize that we are going to increase the value of our property two and a half times. I don't see how this can harm the other neighbors. There was a clear mistake made by the city staff that is acknowledged by the recent policy change that has taken place due to our situation. Please don't punish my family for the city's mistake. A positive change has taken place to ensure that this will never happen again. We feel that if all the citizens of Newport Beach knew about our predicament we would have their support. We are now asking for yours. Sincerely, The Higman Family 4 0 11 *21 X1.10 rl�• I ,: J GARAGE I 1 1 I 1 I ALLEY RESIDENCE . 422 REDLANDS'AVE. ' Ti rl-- Ivl.uo l rr .1.1.140 rr - to /•6040 i F­111 , G Exhibit B DRIVEWAY APPROACHES GENERAL L-2 •, A. A permit will 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. 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 of driveway openings shall be kept to a minimum 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 5 feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal /pedestrian street light, utility pole /anchor /pedestal, trees or vent pipe. 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. V 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 will 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 construction requires the removal of a street tree until such removal has been approved by the General Services Director. H. No permit shall be issued if the driveway encroaches on a crosswalk area. I. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants utility pole /anchor /pedestal, tree, vault, vent pipes, or street lights until a deposit has been made to cover the cost of relocation. 0 1 Exhibit 0C" • L -2 J. No permit shall be issued unless the applicant agrees that at no cost to the City he will remove any driveway opening that is or will be abandoned, and reconstruct curb, gutter and sidewalk to City Standards. K. Where practical, difficulties or hardships may result from the strict application of this policy, minor dimensional variances may be granted with 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 20 feet except when the driveway is to serve an enclosed three or four car garage, in which case the driveway approach bottom may be increased to 25 feet or 32 feet, respectively. B. One additional curb opening will be permitted to a single parcel subject to the following conditions: 1. The total width for all openings shall not exceed 50% of the total frontage of the parcel. 2. The openings shall be separated by at least 20 feet to retain maximum street parking. �C) Street curb openings shall not be permitted to residential property which abuts an alley. An exception may be made in the case of corner lots where the street on which the curb cut is proposed is not an arterial street and street frontage is available for the full depth of the lot, subject to the following conditions: • 2 L -2 ,t 1. Access from the street will be permitted where existing structures prevent full alley access, or additional covered off - street parking is being provided. 2. The width of the curb opening shall be limited to one -half of the lot depth. D. Driveway grades must not exceed the listed applicable maximum slope depending on application. Driveways to lowered or subterranean parking must rise above the flood level or a minimum of six 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 feet in length and the change of slope cannot exceed eleven percent. Driveways providing only parking access - Fifteen- percent maximum slope. Must have access directly from garage into residence. Driveways providing vehicle and pedestrian access - Eight- percent maximum slope. Driveways providing required parking spaces on the driveway itself - Five- percent maximum slope. Minor variations from the listed maximum slopes and slope changes may be granted by the Traffic Engineer when unusual site conditions are encountered. PRIVATE STREETS - SPECIAL REQUIREMENTS A. A grading permit will be required prior to the construction of any driveway apron, sidewalk, curb, gutter or wall within the private street rights -of -way. The design parameters shall be in accordance with the City of Newport Beach Design Criteria and Standards for Public Works Construction. Also, the Public Works Department shall perform a brief review of plans prior to permit issuance. B. A Public Works encroachment permit will be required if improvements are to be constructed within 5 feet of a fire hydrant, street light or other public utility system appurtenance (i.e., valve boxes or manholes). .) 3 0 L -2 C. A Public Works encroachment permit will be required when connecting to or relocating public utilities. COMMERCIAL USES A. The width of the driveway approach bottom shall not exceed 35 feet. B. The total width of all driveways shall not exceed 50% of the frontage of the parcel. C. Commercial driveway approaches may use a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom of greater than 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. 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 abandoned driveway approaches at high priority locations where two or more of the following criteria may 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 pedestrian and vehicular traffic in the area. 4