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15 - 4615 Brighton Road 3rd Driveway
February 14, 2017 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Request to Install Third Driveway Along the 4615 Brighton Road Frontage ABSTRACT: The property owner of 4615 Brighton Road, in Cameo Shores, requests to construct a third driveway along the 4615 Brighton Road frontage within the public right-of-way. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Waive City Council Policy L-2, Driveway Approaches, to allow the construction of a third driveway along the 4615 Brighton Road frontage within the public right-of-way; and c) Direct the property owner to process a revision to the approved building plan check to reflect the third driveway approach and new single car garage. The plan check shall be reviewed and approved by Public Works staff and an encroachment permit shall be obtained prior to the construction of the additional driveway approach within one calendar year upon receipt of approval FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property owner (Owner) of 4615 Brighton Road is currently going through a major remodel and addition to an existing single-family residence. The Owners have already completed a Lot Merger (LM2014-006) to combine two lots, 4615 Brighton Road and 4607 Brighton Road, into a single parcel 15-1 Request to Install Third Driveway Along the 4615 Brighton Road Frontage February 14, 2017 Page 2 During the plan check process, the project architect was informed that City Council Policy L-2 limits the number of driveway approaches to a single parcel to two driveways. The City Council Policy also limits the total width of the curb opening to 50 percent of the total frontage and openings shall be separated by at least 20 feet to retain the maximum street parking. The architect was also informed that a waiver of the policy would require City Council review and approval. The plans were revised to reduce the number of driveway approaches from three to two. The Owner is now requesting a waiver from City Council Policy L-2, Driveway Approaches, to accommodate a third driveway approach to access an additional single car garage along the Brighton Road frontage. With the exception of the third driveway, all other requirements for the additional driveway opening would be satisfied. The total width of all three driveways would be less than 50 percent of the total frontage of the parcel and all openings will be separated by at least 20 feet. The parking in this community is not impacted and therefore a loss of one on -street parking space is not considered significant. Also, it is important to note that if the parcels were kept separate a total of four driveways could have been permitted as long as the other requirements were satisfied. Staff recommends approval of the waiver of City Council Policy L-2 to allow the third driveway along 4615 Brighton Road frontage. Staff also recommends that the applicant process a plan check revision for the additional garage and new driveway. An encroachment permit will also be required for the construction of the driveway approach within the Brighton Road right-of- way. 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). 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 — Site Photos Attachment C — Applicant's Letter and Cameo Community Association Letter of Support Attachment D — Plans Attachment E — City Council Policy L-2 15-2 w MMMX l ofjo �'•^'i /� { + �r �� (may' �h; {'� 71.��w' i �,, • ' � r ._ F-, � 'a f '� '� �" tit '�.. }V 7 44 . ol nu-, l E s, r4l CITY OF NEWPORT BEACH I PUBLIC WORKS DEPARTMENT 15-3 ATTACHMENT B SITE PHOTOS 4615 BRIGHTON ROAD 4615 BRIGHTON ROAD 15-4 DATE: 12-21-2016 TO: DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member EDWARD D. SELICH, Council Member Cit of Newport Beach, CA —100 Civic Center Drive, Newport Beach, CA 92660 FROM: Stephen L. Ball AIA, architect RE: Appeal for relief from the strict application of City Council Residential Policy L-2 limiting driveway curb -cuts to a maximum of 2 for recently consolidated property at 4615 Brighton Road, Corona Del Mar, CA 92625 Honorable Mayor and City Council, On behalf of our clients, Shiloh LLC at 4615 Brighton Road, we respectfully request that this project be exempted from the strict application of the L-2 City Council policy limiting the number of curb cuts to two per individual site. We are vigorously supported in this appeal by the Cameo Community Association. (see attachment) We believe the exemption should be granted for the following reasons: 1. Prior to lot consolidation, each individual site would have been entitled to 2 curb - cuts. If this request is granted for the consolidated lot, there will be three curb -cuts in a space that could have accommodated 4. 2. The consolidated street frontage at the curb measures approximately 152 lineal feet. The 2 existing curb cuts consume approximately 59 lineal feet or 39% of the frontage. The proposed 3 curb cuts consume 68 lineal feet or 45% of the frontage, 6% more or 11 lineal feet. Both existing and proposed plans are below the maximum 50% ratio of curb -cut to street frontage. 3. When the 2 existing curb -cuts are combined with existing red painted curb, only 2 legal street parking spaces presently remain. The "approved" 2 curb -cut plan provides for 3 legal street parking spaces while this 3 curb -cut configuration will accommodate 2 legal street parking spaces, equal to the existing street parking. 1 15-5 4. The unique configuration and significant width of the street in this location provides ample safe space for backing out of the proposed garages and driveway curb -cuts with minimum exposure to oncoming traffic. 5. The addition to the existing home on the consolidated lot has been purposely designed in a manner that will appear, from the street, to be two distinctively different structures with separate entries, not one large structure. The garages and their respective driveways and curb -cuts maintain neighborhood scale and do not appear out of place. 6. If permission is granted for the 3 curb -cuts, driveways, and garages, all work will be professionally designed, engineered, and constructed in strict conformance with all City of Newport Beach codes and requirements. Sincerely, Stephen L. Ball AIA, architect 2 15-6 Cameo Community Association October 27, 2016 Dear Mayor and Members of the City Council, The Cameo Community Association is committed to its residents being able to provide as much "on-site" garaged parking as possibly without negatively impacting the street scape. We encouraged and approved the three garage and three curb cut plan for 4615 Brighton Road and were disappointed to learn that our member's request was denied. We urge you to carefully review this request and make the determination that waiving the strict interpretation of City Council Policy L-2 by granting this exception will not be inconsistent with the goals and objectives of your policy. Sincerely, Board of Directors CAMEO COMMUNITY ASSOCIATION cc: File/Board of Directors 9060 Irvine Center Drive, Ste. 200 Irvine, CA 92618 Phone: (949)716-3998 • Fax: (949)716-3999 Managed by PowerStone Property Management 15-7 -AP111W HEW -P mek %"74 ;me OV "X3 1,0"]o osp IF" FA k4% 11 St .. Elb ? S R tA TER IQ X A 4fi e, ,R r qP Roro PELICAN H1 w4 6OLr CLUE ARCD R06 1C SIAL COVE VICINITY MAP LOT LINE MAP LEGAL DESCRIPTION: PARCEL 1 OF LOT MERGER NO. LM2014-006 (PA2014-223) RECORDED JULY 27, 2016 AS INSTRUMENT NO. 2016000343406, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE FULLY DESCRIBED AS FOLLOWS: Real property in the City of Newport Beach, County of Orange, State of California, described as follows: LOTS 147 AND 148 OF TRACT NO. 3357, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 107, PAGES 1 TO 7 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Bal! architecture LL Uj j 3 LC 104 to z 0 C) C14 0 0m U) z O_ 04 ,0 C6 0 X: ; X 4- 0 F LLJ.* W LLJ wos z T- z 0 W a 0 0Fn L) z LLI F - TITLE SHEET '1— 1 DATE: 12-21-2016 TO: DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member EDWARD D. SELICH, Council Member Cit of Newport Beach, CA —100 Civic Center Drive, Newport Beach, CA 92660 FROM: Stephen L. Ball AIA, architect RE: Appeal for relief from the strict application of City Council Residential Policy L-2 limiting driveway curb -cuts to a maximum of 2 for recently consolidated property at 4615 Brighton Road, Corona Del Mar, CA 92625 Honorable Mayor and City Council, On behalf of our clients, Shiloh LLC at 4615 Brighton Road, we respectfully request that this project be exempted from the strict application of the L-2 City Council policy limiting the number of curb cuts to two per individual site. We are vigorously supported in this appeal by the Cameo Community Association. (see attachment) We believe the exemption should be granted for the following reasons: 1. Prior to lot consolidation, each individual site would have been entitled to 2 curb - cuts. If this request is granted for the consolidated lot, there will be three curb -cuts in a space that could have accommodated 4. 2. The consolidated street frontage at the curb measures approximately 152 lineal feet. The 2 existing curb cuts consume approximately 59 lineal feet or 39% of the frontage. The proposed 3 curb cuts consume 68 lineal feet or 45% of the frontage, 6% more or 11 lineal feet. Both existing and proposed plans are below the maximum 50% ratio of curb -cut to street frontage. 3. When the 2 existing curb -cuts are combined with existing red painted curb, only 2 legal street parking spaces presently remain. The "approved" 2 curb -cut plan provides for 3 legal street parking spaces while this 3 curb -cut configuration will accommodate 2 legal street parking spaces, equal to the existing street parking. 15-9 amoe= G)D0ADDITION TO AN EXISTING SINGLE FAMILY rfa N3n RESIDENCE for SHILOH, LLC co�Aa 3 wU y 4615 BRIGHTON ROAD oo°s`lpm ' CORONA DEL MAR, CA 92625 n _' (949)419-5266 4. The unique configuration and significant width of the street in this location provides ample safe space for backing out of the proposed garages and driveway curb -cuts with minimum exposure to oncoming traffic. 5. The addition to the existing home on the consolidated lot has been purposely designed in a manner that will appear, from. the street, to be two distinctively different structures with separate entries, not one large structure. The garages and their respective driveways and curb -cuts maintain neighborhood scale and do not appear out of place. 6. If permission is granted for the 3 curb -cuts, driveways, and garages, an work will be professionally designed, engineered., and constructed in strict conformance with all City of Newport Beach codes and requirements. Sincerely, Stephen L. Ball AIA, architect 15-10 11111111141 1 >-- 1 � ! 0 . 1. ADDITION TO AN EXISTING SINGLE FAMILY a. M RESIDENCE for SHILOH, LLCne Hi C6 4615 BRIGHTON ROAD CORONA DEL MAR CA 92625 (949)419-5266 Cameo Community Association October 27, 2016 Dear Mayor and Members of the City Council, The Cameo Community Association is committed to its residents being able to provide as much "on-site" garaged parking as possibly without negatively impacting the street scape. We encouraged and approved the three garage and three curb cut plan for 4615 Brighton Road and were disappointed to learn that our member's request was denied. We urge you to carefully review this request and make the determination that waiving the strict interpretation of City Council Policy L-2 by granting this exception will not be inconsistent with the goals and objectives of your policy. Sincerely, Board of Directors CAMEO COMMUNITY ASSOCIATION cc: File/Board of Directors 9060 Irvine Center Drive, Ste. 200 Irvine, CA 92618 Phone: (949)716-3998 • Fax: (949)716-3999 Managed by PowerStone Property Management 15-11 a=moe= ��y33ADDITION TO AN EXISTING SINGLE FAMILY 9 OEM n 0 Am -z RESIDENCE for SHILOH, LLC ,t - n.��m225 oPe� s'yPm p _n 0 Z 4615 BRIGHTON ROAD o ' CORONA DEL MAR, CA 92625 n (949)419-5266 REE iOX � �rn �oy 0 AC °40'45"W AC AC AC POO\- AC S� BRIGHTON ROAD AC \ AC A .o \ �63o„ .01 l,. S qAp o co c{'o u, O\S ° .0 4 X21 D=4° 4 10; ni AC �pd �� CO* C' / O° D o AC 09 AC AC c'n m AC Zai 5�, description EXISTING TWO LOT & DRIVEWAY CONFIGURATION (SCALE 1116"=1'-0") eer 5 111"ITEIT "I 1-1-111"10=1 15-12 �a II III �'• @ s ... .�� \% . ��- I ; - x - 51DE YARD OPEN TO 5KY o40AY OM 96 lb LPl 20. 20, 00 3 2p•-0" pPPROPLZ �Pg\1 ZyA 00 OQEb\\+v lRES ?p, e�0o0 El a ❑oC ORIV E;NAYAPPROACH L.F.) 20'-0" APPROACH BOTTOM 0" CURB OPENING (RE5. TYPE J Q J L J W t� _ C Z_ Q rn �J0< C� /2/� W L) `Z � Z dIwoo /r L O_ C � V) p rr^^ W W m prn z Lo z to 0 o W 0� Q L) z FnO r W Q description APPROVED DRIVEWAY CONFIGURATION (SCALE 1/16"=1'-0") sneer 6 a��.a �a�o. 15-13 �a OVER -FLOW To P PORCH e a_ CAR o a BATH 0RIVEV4AYAPPR0AGH 0 d �S y UP y GF1 c�� QP�POa P ROpGHD�\ 3616" P 98y�N P 1D,-0" �aW 61803 ,�PE\1 �,1. \ O 3616 0F1 16A OURN 0p0NlN F p '96 lb G 3 P�pGH to., 00 26, .0 26'T 26' 0UR0 0P0 P e y0 LID UP 6� �0 ❑❑� a off DRNEh'AY.APPROAGH 36" (6" (,.F.) 20'-0" APPROACH BOTTON� 26'-D" CURB OPENING (RE5. TYPE M no ©i of 12'-0" HOA J_ �U Q J U J co z0aC*4 J O Q 0 _ w U Z CO Z N F— L O 0 M: 4- 2 W v LJJ W m os Z ow Z "*w � Q O 0cl) p: LLI a PROPOSED CONSOLIDATED LOT & DRIVEWAY CONFIGURATION (SCALE 1/16"=l'-0") ar 7 Ro.a.«o„a15-14 �a DRIVEWAY APPROACHES GENERAL ATTACHMENT E 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 terra "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, fixe 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 15-15 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. 2 95-96 L-2 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 parkinag ccoss - Fifteen- percent maximum slope. Must have access directly from garage into residence. Driveways providing vehicle and pedestrian access - Eight- percent maximum slope. Driveways proyiding 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. 3 15-17 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 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. 4 15-18 L-2 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 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, x'994 Amended - February 26,19% Amended - May 8, 2001 Amended - October 10, 2006 15-19