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HomeMy WebLinkAbout09 - 428 Orchid Avenue Curb CutCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Gilbert Wong, Associate Engineer 949 - 644 -3311 gwong@city.newport-beach.ca.us SUBJECT: APPROVAL OF ENCROACHMENT PERMIT NUMBER N2003 -0295 TO ALLOW A CURB CUT IN SECOND AVENUE ADJACENT TO 428 ORCHID AVENUE OWNER: ITF, LTD. ISSUE: Determine if a curb opening can be permitted for a residential duplex property that abuts an alley. RECOMMENDATIONS: 1. Approve the request to allow a drive approach to a two -car garage on the Southerly side of Second Avenue. 2. Direct staff to revise the corner lot exception to Council Policy L -2.C. DISCUSSION: Stanley J. Andrade, the Architect representing the owner (ITF, LTD) of the property located at 428 Orchid Avenue in Corona del Mar, is requesting approval to construct a curb cut along the Second Avenue frontage to provide parking for a new duplex (see attached letter dated July 22, 2003, Exhibit "A "). The property is at the corner of Orchid Avenue and Second Avenue. Currently the property has two existing units; both units are designed with vehicular access to two single car garages via two separate driveways off Second Avenue. The rear unit has a detached garage with alley access. The front unit main entrance is off Orchid Avenue and the rear unit main entrance is off Second Avenue (See attached Exhibit "B "). The property owner proposes redevelopment with two new units. The proposed front unit would have vehicular access off Second Avenue via a driveway to a two -car garage. The proposed rear unit would have vehicular access off the alley to a two -car Subject: Approval of Encroachment Permit Number N2003 -0295 to Allow a Curb Cut on Second Avenue Adjacent to 428 Orchid Avenue August 26, 2003 Page: 2 garage. The front unit main entrance is off Orchid Avenue and the rear unit main entrance is off Second Avenue (See attached Exhibit "C" and "D "). City Council Policy L -2.0 under RESIDENTIAL ZONES AND RESIDENTIAL USES — SPECIAL REQUIREMENTS states: "Street curb openings shall not be permitted to residential property which abuts an alley." An exception may be made for corner lots under special circumstances (i.e. existing structure prevents full alley access or additional covered off - street parking is being provided). The owner believes he is entitled to have a driveway off the street, because under special circumstances an exception is allowed where there are structures that prevent full alley access. In this case an existing power pole and hedge /vine hinders alley access (See attached letter dated August 8, 2003, Exhibit "E" and Exhibit "F" and photos). Staff recognizes the power poles /landscaping hinders alley access, but they are not fixed structures such as a block wall /building. Typically developers are expected to endure the cost of removal, relocating, and reconstruction of utilities, trees, improvements, signage, etc. as part of the cost to develop their project. In addition, landscaping is not considered a structure and it can easily be removed. Staff recognizes that the required four parking spaces (1 covered and 1 uncovered) per unit can be designed to access off the alley with either 4 side by side parking spaces or a tandem parking design concept. However, staff does not oppose retaining and widening one of the existing driveway curb cuts off Second Avenue. This proposal will eliminate another existing driveway curb cut off Second Avenue to allow a public parking space. The proposed units will have smaller living space with oversized garages, one common wall, and an open courtyard separating the two units. Although this development does not meet the letter of the policy, staff supports this design concept because non - tandem /larger garages are more useable and with separate garages it will provide more privacy for the tenants /owners. Although the development is not providing additional on -site parking to comply with exception requirements of the Council Policy L -2, it is improving the parking situation in the area. Staff has encountered similar corner lot projects that do not meet the letter of City Council Policy L -2, but it does meet the intent and /or provides physically separated units that are more harmonious for the tenants /owners. Staff requests direction from the City Council to revise City Council Policy L -2.0 to allow these types of developments or grant the Public Works Director the authority to approve these types of projects. Environmental Review: This action is categorically exempt per Section 15303. Subject: Approval of Encroachment Permit Number N2003 -0295 to Allow a Curb Cut on Second Avenue Adjacent to 428 Orchid Avenue August 26, 2003 Page: 3 Public Notice: Public posting /notification is not required for this action. Funding Availability: No City funds will be required. The property owner will pay all costs for replacement and abandonment of the driveway approach. Prepared by: Gilbert Wo *� Associate Engineer Submitted by: Stephen G. Badum Public Works Director Attachments: Exhibit "A" - Letter Dated July 22, 2003 and Drawing Exhibit "B" - Letter Dated August 8, 2003 Exhibit "C" - Drawing of proposed site Exhibit "D" - Drawing of existing site Exhibit "E" - Drawing of proposed (elevation view) Exhibit "F" - Drawing of proposed (plan view) Photos — Existing site A N D R A D E -4981 CAN Po,v Hq P - CRwE _u,rE 120 CovA Ponrt CAUGCPrIIC 92629 P1 E', 949 248 -2681 July 22, 2003 Dick Hoffstadt, Public Works Senior Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: 428 Orchid Duplex Parking & Garage Access PC # 1208 -2003 This letter will serve as an official request that you approve the plans for the above stated project. The following will explain our position for approval. We are increasing the garage width on the alley- accessed garage and moving the garage door further to the center of the property by approximately 12 inches. There is an existing power pole as shown on the attached exhibit and access to this garage would be severely inhibited without the proposed changes. Construction of the proposed duplex will improve the parking situation in the neighborhood. We are eliminating one curb cut on 3`d Street, which will provide on additional on- street parking space. We are providing four on -site parking spaces in two oversized fully enclosed two -car garages. The total width of both garages exceeds the code minimum by nearly three feet. The plans were submitted to the City of Newport Beach on May 7, 2003. Building and Planning have already approved the plans and they are ready for permit. We are still waiting for Public Works approval. I hope this proposed change will clear up any issues concerning access to the proposed garage and parking issues. Once again, we respectfully request that you approve the plans so that the builder can immediately proceed with construction. Respectfully, An ra e, Architect Andrade Architects, Inc. FA'+ 949 248 -8438 arrdradea-diikcts.mm 1 0�2 ExHiBIr "a" , � Z G 0 ' POWER POLE IB I I ❑`FIRE SPRINKLER/ 41-011 14 PANEL / VAC 18" N. RAISED PLATFORM,,, I GARAGE 2 1 = I. PROVIDE 2 -5/8" TYPE "X" GYF� BD. _ III CEILING t 1 -5/8' TYPE "X" VP. BD. III WALLS, STRUCTURAL POSTS BEAMS =E3 2. PROVIDE VENTILATION PER UBC 12022.1 /• CLEAR 2' llill 100 0 0 Q EX H 1817 "q" 1ST FLOOR PLAN ORCHID DUPLEX x!eownn wva ADDENDUM vrtswron.uvse UNIT 428 ORCHID GARAGE REVISION .wmz.xucn CORONA DEL MAR .1xv 9x"[ ,IRMfl ECT& INC s ail l "' I m C) O Z O D m m z c m v Li _I ATVIV n 0090 Trli'al> �GVG� o` II� l 4ig1 I I. 3aN3ntl 41HJtl0 BZ� iH a01 ~� to I 15'03 - I % I� I 11 I ' I 3nN3AV s J a ftl, Iblt 'F k E 6 I E 3 I6 ail i �.o Doi d I � i I A ^I L/ V. r� • ' IW r � b) 4, 1 — � /l9 OL QIH3a0 9N /1 S/ X. 7 nI1 VZj � . a a *el I 511) Im i M 1 I Toil 3`JVU �/L� � of I y I L II� l 4ig1 I I. 3aN3ntl 41HJtl0 BZ� iH a01 ~� to I 15'03 - I % I� I 11 I ' I 3nN3AV s J a ftl, Iblt 'F k E 6 I E 3 I6 ail i �.o Doi d I � i I A ^I L/ V. r� • ' IW r � b) 4, 1 — � /l9 OL QIH3a0 9N /1 S/ X. � r.tq: ill I1i311Xi1Y 30VY OIY avw iaa "01100 aMOao sz> Xxid11Q U7g0 rma aoo'u JSHH 1 -, h e r 920F � 9 3 OWN I Z ti ITF Limited 1421 North Wanda Road, Suite 160 Orange, CA 92867 -5343 Phone: (714) 997 -1998 Fax: (714) 997 -9491 August 8, 2003 Mayor Bromberg and City Council City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: Request for curb cut opening (driveway access) for project at 428 Orchid RE: Plan Check # 1208 -2003 Dear Honorable Mayor Bromberg and City Council This letter will serve as a formal request to approve a curb cut on Second Avenue in order to obtain vehicular access off of Second Ave for our project at address 428 Orchid. An Encroachment Permit for this request is also included. We appreciate you taking time to review this request and hope that it will be approved for this project and similar projects in the future. It came as a surprise that we would need to go before the city council to receive approval for a condominium design which we have successfully developed four previous times within the past three years in the Corona Del Mar Village. We understand that even though the city issued a demo permit for this property and all other departments have signed off on our design as before, the issue of garage access is now formally being considered for the first time. The following information, we hope, will help explain the design intent and benefits to the community. Project Description: The project is designed to look like 2 individual beach cottages situated on a 45 -ft. x 118 -ft. corner lot, even though the cottages are discreetly attached. The residents of Corona Del Mar appreciate the cottage designs as they are in keeping with the "Old CDM Charm ", a goal which we strongly believe is important to the community. Each cottage has either wood siding or shake shingled exteriors with covered front porches, large courtyards, front yards, and oversized two car garages. This design approach is notably different from the "large two -story box like homes" (with stucco walls roof decks and car ports) currently being built on many lots in the neighborhood / OF y X'YA41 AI r ")=" We have previously built our design plan (a beach cottage condo) on the same size corner lots in the Village four other times at the following addresses: 620 and 620 '/z Marigold (Photos included) 621 Marigold and 3315 Fourth (Photos included) 2830 Seaview and 301 Heilotrope 701 Poinsettia and 3650 Fourth (address recently changed from701%Poinsettia) The following points provide reasons to support our request. 1. On Street Parking: Prior to demolition, the dwelling on the existing property had two curb cuts on 2nd Avenue. Our "beach cottage condo" design allows for the elimination of one of these existing curb cuts. Therefore by doing this project and improving the property, we are actually increasing the "on street parking" by one space in addition to providing "off street" parking that exceeds code requirements. 2. Off Street Parking: The current zoning ordinance requires that enclosed garage space is counted against the overall buildable square footage of any given lot. This results in two problems — parking and storage. Our goal from the beginning was to create a usable oversized 2 -car garage for each unit in which people could actually park two cars. In this project we actually made the living space in each unit smaller than allowed so that we could give more square footage to the garage. This again is a noted departure from much of the recent condominium developments in which each unit has a code minimum of one -car garage and tandem carport. As you may be aware, many residents use only the carport to park their cars, thus leaving their other car parked on the street. Our "beach cottage condo" design only works on corner lots because we are able to take access for one garage from the side street and the other from the alley thus allowing for many aesthetic design benefits previously mentioned. By this design we have exceed the code minimum by both; providing enclosed garaqe parking for two cars instead of one, and the size of each garaqe (in order to accommodate the size of cars being driven today and the need for storage). 3. Proposed Curb Opening and Driveway The proposed curb opening and driveway for the property (per our design) complies with the City Council Policy L -2. The project property is a corner lot, the width of the curb is below one -half the lot depth and the curb is less than 20 feet wide. Also the proposed driveway grades are within code. 2 OF 3 C v" I Q I r "_ " 4. Allev Access It is not feasible to provide our same garage design configuration (2 each — two car oversized garages) off the alley. The architect has stated (in the attached memo from Andrade Architects) that in his opinion even the "code minimum" garages are not feasible. Also, pursuant to City Council Policy L -2 provision for exception to the curb opening restriction, there are two existing "structures" that currently prevent "full alley access ". A power pole is located at the corner of the proposed alley garage, a situation that is unique to this lot. Also there is a well -grown decorative hedge and large vine growing by the alley where additional garage or carport could be located. Although these "structures" can be moved or torn down, we believe that it would be better if they remained as they are. The hedge is quite attractive and moving the power pole would be a cost that we had not scheduled or planned for. To accommodate this pole in its existing location, we modified our original design to make this garage wider and moved the garage door closer to the center of the lot in order to provide an ample turning radius into the garage that is accessed off of the alley. We are of the opinion that our unique design exceeds the city's code requirements in each area of concern while providing the community with two new homes, which add to, instead of detracting, from this neighborhood, in which we live and work. It is our hope that the council will see clear to approve this request so that we may proceed without further delay. Sincerely, Thomas Q. Nicholson President Enclosures (10) 1. Photos of our previous project at 620 & 620'/: Marigold 2. Photos of our previous project at 621 Marigold & 3315 Fourth St. 3. Photos of example of a "2 story stucco" condominium project on same size lot (other builder) 4. Site elevation of proposed design 5. First Floor Site Plan of proposed design 6. Second Floor Site Plan of proposed design 7. Topography Map /Survey 428 Orchid 8. Grading Plan 428 Orchid (proposed design) 9. Memo from Andrade Architects 10. Encroachment Permit Request 3oF 3 cva/R/T "r-" vi I� ORCHID 1.:1�'.SS AVENUE_ 6% I h An 15.00' y' Q P ­T dG AI L S � 1 a ID 85 v y A ID.90� ror Y� 2. y` .230 1 928 ORCHID AVENUE 121 M> -� IS 6 9\ � ��`l. 1 5 IM ST -• 6T /0.G 1 9'>o ti .1 SpY 4.] 'rb'PKr+Gu I ry W ' IN Z 1 1','e 2b erJ�N ENT i I !°. Sb� p �rS _� y a '\ P. cs v+� I 2 °ion ''� 0 3.Y 10'',+ D 2 ' DEPTH A If .r.�S IUiJi� lti ` I f, 85 �' / 9:42 /y f •^Sy,rrl � Q >�,. rr r� • _ q n., I > 41 I \.g y �I IA °pl FV :ED eOUSE 4 \° FP° z0 ' li �o y si le ? a w I �• \� {4 '.f ^t'n ,y TTfZ3J -F- el, iI ?i >/� ':�: 5 00,44 _ ALLEY' r PROPOSED NOTE: ALL ELEVATIONS ARE 13ASED WON TIE TEMPORARY E X HOB T 'IF r' AFNf`HTr1dAV CVn�af.�nr!'S'vc wrnnrur:nrvn...... V 0 0 00 r\j NT I b. to [ LN In I i V1 0 v) �r B� Tom FIRST FLOOR PLAN ORCE011) DUPLEX e M---. rnaa.x 428 ORCHID, CORONA DEL MAR .xoxue ucxrtene uc 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, 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 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 approved by the Public Works Department and a 1 L -2 deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities. 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 (if applicable) 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 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). N 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. 9 L -2 When in the opinion of the General Services Department and /or 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 will have two 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. Nothing in this section shall be construed as relieving adjoining property owners from the responsibility for closure of abandoned curb cuts as a condition of permit approval for new construction or for obtaining a curb cut permit for an alternative driveway location on the same parcel. Adopted - January 24, 1966 Amended - February 26,1968 Amended - July 24,1972 Amended - November 14,1977 Amended - October 25,1982 Amended - July 13,1987 Amended - November 27, 1989 Amended - December 14,1992 Reaffirmed - January 24, 1994 Amended - February 26,1996 Amended - May 8, 2001 5