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HomeMy WebLinkAbout31 - 3232 Clay Street - Encroachment Permit N2008-0160CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 31 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Keely 949 - 644 -3349 or dkeely @city.newport- beach.ca.us SUBJECT: 3232 Clay Street —Request Waiving Requirement of Driveway Abandonment - Encroachment Permit N2008 -0160 OWNER: Jack and Florinda Bailey Recommendation: Deny Encroachment Permit N2008 -0160 to retain the existing curb cut at 3232 Clay Street based on its nonconformance with the provisions of Council Policy L -2.C. Alternative Action Approve Encroachment Permit N2008 -0160 waiving the requirement for the abandonment of an existing driveway approach on the Clay Street frontage. Discussion: The owners of 3232 Clay Street are requesting City Council approval to retain an existing driveway approach along the Clay Street frontage to provide required parking for a proposed new project (Exhibit A). The proposed project is located at 3232 Clay Street and is Zoned R -2 (two- family residential). The property is currently a 982 square foot single story home with a detached one -car garage. The existing one -car garage is accessed from the driveway approach off of Clay Street. The owners are proposing to demolish the one -car garage in the back of the lot and build a new three bedroom detached unit. The proposed three - bedroom unit is a two -story structure (first level — 314 square feet of living area and 850 square foot three -car garage, second level — 1147 square feet of living area) (Exhibit B). The City of Newport Beach Zoning Code requires each residential unit have two parking spaces, one of which shall be covered. Therefore, the proposed project is required to provide four on -site residential parking spaces. Exhibit C shows the layout of the existing single - family home with detached garage and the proposed 1,461 square foot residential unit and 850 square foot garage located at the rear of the property. The proposed configuration provides three parking spaces within the three -car garage with 3232 Clay Street —Request Waiving Requirement for Driveway Abandonment —Encroachment Permit N2008 -0160 June 10, 2008 Page 2 access via the alley and one parking space along the side yard with access via the existing Clay Street driveway approach. In support of the request, the owners indicated that driveway approaches are present throughout the Clay Street frontage between Bolsa Avenue and Westminster Avenue. The residential units on the westside of Clay Street do not abut an alley, therefore driveway approaches are permitted consistent with Council Policy L -2. The residential units on the eastside of Clay Street are adjacent to an alley and therefore are required to take access via the alley. A field review of residential units within the vicinity of the proposed project showed that recently redeveloped properties on the eastside of Clay Street all have converted access via the alley and abandoned any previous driveway approaches. Only the older residential units on the eastside of Clay Street currently have driveway approaches.. Exhibit D is an aerial photo showing the proposed project site and the surrounding residential units. The owner has provided information that the adjacent neighbors at 3226 and 3238 Clay Street approve of the retention of the existing driveway approach (Exhibit E). City Council Policy L -2.C, specifically states "Street curb openings shall not be permitted to residential property which abuts an alley" and "An exception may be made in the case of corner lots under special circumstances such as an existing structure prevents full alley access or additional covered off -site parking is being provided" (Exhibit F). The proposed project is a mid -block lot, which abuts an alley and will provide only the minimum four (4) on -site parking spaces required for the development. Staff therefore recommends the City Council deny the owner's request to retain the existing driveway on Clay Street in conjunction with the proposed construction of the two -unit residential development based on its nonconformance with the provisions of Council Policy L -2.C. Environmental Review: Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1(c) of Title 14, California Code of Regulations. Exemption is for minor alterations of existing facilities not expanding existing uses. Prep r d by: Submitted by: bavid Keely, P.E. . Badum Senior Civil Engin er I. orks Director Attachments: Exhibit A — Letter from Jack and Florinda Bailey (Owners) Exhibit B — Project Description provided by Architect Exhibit C — Existing and Proposed Site Layout Exhibit D — Location Map 3232 Clay Street Exhibit E — 3226 and 3238 Clay Street Letters Exhibit F — Council Policy L -2 ` EXHIBIT A I 1 OF 3 - Architecture & Planning - April 30, 2008 City of Newport Beach Members of the City Council 3300 Newport Blvd. Newport Beach, CA. 92658 Re: Request for Waiving of Curb Cut Abandonment 3232 Clay Street - Newport Beach Dear City Council Members: EXHIBIT A 20F3 Thank you for taking the time to consider our request to waive the curb cut abandonment that is being requested by the City Public Works Department for our project at 3232 Clay Street in Newport Beach. The following items are things that we would like you to consider: 1. From a visual drive by of our property you will notice that residences on both side of Clay Street have curb cuts and driveways going up to their properties; some do, some don't, there is a mixture. 2. Properties that have driveways on the west side of the street are fairly new homes. 3. The property tight next to our property has a driveway as do we. 4. The older house in the front of our property currently has access from Clay Street with a driveway that leads to an old one car garage. 5. This old one, car garage that is currently there does not have access from the alley. The new one car garage in the design being proposed is accessed from the rear alley. 6. The old garage that is currently there is not being used and as such the new rear alley access garage for use by the front house will really provide a place to park for the occupants of the front home. 7. The City Planning Code and Department require that each unit have two parking spaces, one of which needs to be covered. Our current design meets all the requirements of the Planning Department. The new rear unit has a two car covered garage and the front unit has a one car garage and one open parking space being provided in the driveway next to the front door of the house. This is just what is there right now. 8. We have spoken to the City Planning Department and this proposed curb cut and driveway and the one uncovered parking space for the front house in our proposed design will meet all their requirements for parking and is w4 eptable. 9. The current design as being proposed has a new curb and gutter where Currently there is none as well as a new sidewalk, all per City standards. 10. The proposed design with a garage off the alley and an open parking space in the driveway will allow all cars for the front house to be parked on the property. They will naturally be pulled in the driveway and not parked out on the street 262 ESTHER STREET COSTA MESA, CALIFORNIA 92627 (949) 6456250 - Architecture & ROSS MAXWELL Planning - - Architect - Architecture & Planning - EXHIBIT A 30F3 11. If the curb cut and driveway are not granted the occupants of the front house will no doubt will be parking by the curb out in front on the street in that the front door and entry is oriented toward the front of the property.. 12. We believe that the proposed design is in keeping with the existing character of the neighborhood. 13. Our proposed design will meet all the City Planning Department guidelines. These will allow for a driveway and sideyard open parking so long as this does not occur in the front yard setback. 14. The client has considered tearing down the front house at some later date and would be able at that time to abandon the curb cut along Clay Street and provide an additional garage in the rear, a tandem garage coming off of the proposed one car garage at that time. At this time gross area requirements for the rear unit and its proximity to the older front house preclude adding this at this time. This future portion of the project would be considered Phase Two. I have practiced and done a number of alley projects in Newport Beach over a period of thirty years and up and until now was not aware of any council policies that are being referenced by the Public Works Department. I am quite familiar with the formal codes that are being used by the Building Department and Planning Department and our design and plans meet and address their concerns. Generally speaking the concerns of the Public Works Department are more geared toward streets, stop lights, and standards for turn lanes, gutters and sidewalks which generally relate more to commercial projects. Access to a residential project is something that was just not expected nor foreseen in light of the existing site conditions and visual inspection of nearby properties. Should we be required to abandon the existing street access along Clay Street the proposed design as has been developed and drawn will need to be abandon and we will have to start from scratch. This would be a great expense in time and money to the owner. Considering the owner is looking to build it new house in. the front in the future, we could abandon the street access at that time and consider this waiver as only temporary. We would like to ask you to consider our situation and the position that we find ourselves in at this time and trust that together we can find an equitable solution to this situation. Thank you, tOwne'r Ro Architect k Bail Ba 262 ESTHER STREET COSTA MESA, CAUFORNIA 92627 (949) 646.6250 EXHIBIT B May 1, 2008 City of Newport Beach Members of the City Council 3300 Newport Blvd. Newport Beach, CA. 92658 Re: Request for Waiving of Curb Cut Abandonment — PROJECT DISCRIPTION 3232 Clay Street — Newport Beach This project is in an older R -2 section of Newport Beach on Clay Street that has an existing one story house of 982 square feet with a detached one car garage and utility room of 342 square feet. Existing parking is in the one car garage and on the driveway that is approached from Clay Street. We are proposing to demolish the one car garage in the back of the lot a build a new three bedroom detached unit. This new unit of 1461 square feet is a two story structure with three bedrooms and a sun deck on the top. At the ground level we are providing spaces for three cars in garages that are accessed from the alley in the rear. An additional open parking space is being proposed in the driveway next to the front house, similar to what is presently there now. Areas: New First Floor ................314.0 S.F. New Second Floor ........... 1147.0 S.F. Total Project Area ........... 1461.0 S.F. . (Conditioned Space) Attached Garages .............. 849.6 S.F. Second Floor Deck .............. 81.5 S.F. New Roof Deck ................ 226.0 S.F. 252 ESTHER STREET COSTA MESA, CALIFORNIA 92627 (949) 645.6250 .._._F_. CL. P.�_ —.._ �1 D EM 0 L I T 1 0 N SITE PL AN vx ^•ra o, xom RENO V A T E 0 8 1 T E PLAN vP.•nx^ 8 SITE PUN KEYNOTES EXHIBIT C Ross MAXWELL Architect .n4a. 1.. JACK and FLORMA EAMEY II s s Ta PLAN II 5HEET h MEER A1.1 CY an SHEETS Map Output Page 1 of 1 http: / /www6. city. newport- beach.ca.uslservleticom. esri.e srimap.Esrimap ?ServiceName =nb_ info &ClientVersion =4.0 &Form =T... 05/22/2008 r LL— " {I •—L1J �� j � O RENOVATED 81 T PLAN ,.rr p»..... ..,.,...ear.. O DEMOLITION 81T8 PLAN I 1® T L 3 a � 0 of � ,9 v II ROSSn MAXWELL If AreMtXW r<_ v JACK And FLORI/AA SAM •� TITLE , s PUN II A � II EXHIBIT E 1 OF 2 8RE PUN RETNOTEe O RENOVATED 81 T PLAN ,.rr 1® T L 3 a � 0 of � ,9 v II ROSSn MAXWELL If AreMtXW r<_ v JACK And FLORI/AA SAM •� TITLE , s PUN II A � II EXHIBIT E 1 OF 2 8RE PUN RETNOTEe O p»..... ..,.,...ear.. O 1® T L 3 a � 0 of � ,9 v II ROSSn MAXWELL If AreMtXW r<_ v JACK And FLORI/AA SAM •� TITLE , s PUN II A � II EXHIBIT E 1 OF 2 i J, SITE MAN KEYNOTES CIR gg EXHIBIT E 2 OF 2 DRIVEWAY APPROACHES GENERAL EXHIBIT F 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 onBayside 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. 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 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. ij ir2 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: 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. 3.. In the case of duplexes, condominiums and condominium conversions, an additional driveway curb cut shall be permitted if the units are separated by a continuous vertical plane, from the ground to the rooftop, with one common wall and /or physically separated by open space. The resultant building product shall have the appearance of two distinct and separate units with a rear unit that has vehicle access from the alley and the front unit with vehicle access from the side street. No overlapping of between the front unit and rear unit floorplans shall be permitted. 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 narking access - Fifteen- percent maximum slope. Must have access directly from garage into residence. Driveways vrovidine vehicle and Pedestrian access - Bight- percent maximum slope. Driveways rop viding required parking syaces 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. L-2 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). 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 rnininumi. 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. 4 Lr2 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. 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 dosing, 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 Amended - October 10, 2006 5