HomeMy WebLinkAbout17 - Request to Construct a New Driveway Within the Third Avenue Public Right-of-Way Located at 521 Orchid Avenue in Corona del MarCITY OF
NEWPORT BEACH
City Council Staff Report
January 27, 2015
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
PHONE: (949) 644 -3349, dkeely @newportbeachca.gov
TITLE: Request to Construct a New Driveway Within the Third Avenue Public Right -of Way
Located at 521 Orchid Avenue in Corona del Mar
ABSTRACT:
The property owner of 521 Orchid Avenue requests to construct a new driveway along the Third Avenue
public right -of -way located at 521 Orchid Avenue in Corona del Mar.
RECOMMENDATION:
Deny the request to construct a new driveway along the Third Avenue public right -of -way located at 521
Orchid Avenue in Corona del Mar since it does not comply with City Council Policy L -2, Driveway
Approaches, Residential Zones and Residential Uses — Special Requirements, Section C.3 and require the
proposed project to be redesigned to comply with the Council Policy.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The property owner (Owner) of 521 Orchid Avenue is requesting to construct a new driveway within the
Third Avenue public right -of -way located at 521 Orchid Avenue. The subject property is located on the
southwest corner of Orchid Avenue and Third Avenue in Corona del Mar. The applicant is proposing a
new duplex residential project with vehicular access for the front unit via Third Avenue and vehicular
access to the rear unit via the alley. The proposed project will provide 5 off - street parking spaces, four
required residential parking spaces (two parking spaces for each unit) and one guest parking space. City
Municipal Code requires four parking spaces (two for each unit) for a duplex residential development.
City Council Policy L -2 (amended October 10, 2006), Driveway Approaches, Residential Zones and
Residential Uses — Special Requirements, Section C, prohibits driveways for residential properties that
abut an alley with the following exceptions:
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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 resulting 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 floor plans shall be permitted.
The proposed duplex residential project does not comply with item 3, since the two units are not separated
by a continuous vertical plane from ground to rooftop with no overlapping of floor plans. The deck area,
outdoor fireplace, bar -b -que and powder room for the rear unit is located directly over the carport, garage,
laundry room and powder room of the front unit. Staff recommends denial of the request and recommends
that the proposed project be redesigned to comply with City Council Policy L -2.
The applicant indicates that two previous projects were constructed with similar designs. Based on review
of the building plans for the previous projects located at 429 Orchid Avenue (approved in 2012) and 521
Marguerite Avenue (approved in 2008), it appears that the projects may have been approved in error.
However there are differences between the previous projects and this proposal. The project located at
429 Orchid Avenue allowed a deck for the rear unit to extend over the front unit's carport. The project
located at 521 Marguerite Avenue allowed a deck and outdoor fireplace for the rear unit to extend over the
garage and carport for the front unit. For both of those projects, the continuous vertical plane was
provided for the enclosed living area. For 521 Orchid Avenue, an enclosed living area for the rear unit is
proposed to be constructed over the carport and garage of the front unit.
The following are recently completed projects near the proposed project that comply with City Council
Policy L -2:
• 720 Poinsettia Avenue (approved in 2012);
• 721 Poppy Avenue (approved in 2012); and
• 601 Orchid Avenue (approved in 2007).
The project located at 601 Orchid Avenue is directly across Third Avenue from the proposed project.
Adding additional driveways to properties that have alley access is generally prohibited, except as strictly
permitted by policy, as they tend to reduce available public street parking. Staff recommends denial of the
request and recommends that the proposed project be redesigned to comply with City Council Policy L -2
or to direct Staff to modify City Council Policy L -2 to eliminate the requirement of a continuous vertical
plane, from ground to roof top with one common wall and /or physically separated by open space for
duplexes, condominiums and condominium conversions.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality
Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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ATTACHMENTS:
Description
Attachment A - Location Map
Attachment B - Site Plans
Attachment C - Existing Property Photos
Attachment D - Applicant Letter
Attachment E - City Council Policy L -2
Attachment F - 429 Orchid Ave & 521 Marguerite Ave
17 -3
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PUBLIC WORKS DEPARTMENT
JANUARY 27, 2015
17 -4
ATTACHMENT B
FIRST FLOOR
THIRD AVENUE
521 ORCHID TOTAL
FIRST FLOOR UNIT A -1,858 SF
o a° UNIT A -1090 sf UNIT B -1,490 SF
UNIT B - 425 sf BOTH - 3,348 SF
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17 -5
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17-9
ATTACHMENT C
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17 -12
GIQWALZ : Architecture
December 17, 2014
David Keely
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Re: Policy L -2 Waiver Request for 521 Orchid Avenue
ATTACHMENT D
510 Larkspur Avenue, Corona del Mar: 949.836.5977
As agent representing the owner of 521 Orchid Avenue, I submit for staff review this request to waive Public
Work's L -2 Driveway Approach policy. The policy aims to limit the number of on- street parking spaces
affected by additional driveway approaches. To mitigate the loss of on- street parking the property owner
proposes to construct a new duplex residence on the subject property with five off - street parking spaces
where only four spaces (two per unit) are required. The portion of the policy which is related to the project is
an Exception which states the following:
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 thathas 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 floor plans shall be permitted.
The owner would like to provide vehicle access for the front unit parking from the side street and access from
the alley for the rear unit parking. However, in order to provide an outdoor living area that can be readily
accessed from the interior living area of the rear unit, there is an overlap of the two units. The outdoor living
area is located between the two units and above the front unit's garage /carport. The space created by the
outdoor living area actually helps to visually separate the two units; and the parking area below further
accentuates the sense of division through the large void it requires. Ultimately, there will be an appearance of
two distinct and separate units. However, staff review has resulted in denial of the proposal. So, as stated
earlier, to mitigate the loss of on- street parking an extra space (accessed from the alley) is proposed as an
incentive to waive the preclusion of overlapping units.
The proposal is compatible with existing development in the neighborhood. Throughout the flower streets
there are several examples of similar arrangements that do not also provide for additional on- street parking.
We have provided documentation of two such condominium projects at 521 Marguerite Ave. and 421 Orchid
Ave.
The waiver is justified because of the unique physical character of the site, the structure, and the intended
use. The lot is located on a corner, giving it the favorable opportunity to avoid utilizing a tandem design for its
parking requirement. Tandem arrangements make parking in garages far more difficult than if they can be
accessed directly over a driveway approach. The proposal provides four spaces which can be directly
accessed over a driveway, making it far more likely that the inhabitants will park off - street:
There are no alternatives to the waiver request that could provide similar benefits to the applicant. Locating
17 -13
the outdoor living area in another location creates problems in the circulation path of the design which make
alternatives infeasible.
Finally, the granting of the waiver would not be detrimental to public health, safety, or welfare to the
occupants of the property, nearby properties, the neighborhood; or the City, or result in a change in density or
intensity of use that would be inconsistent with the provisions of the Municipal Code. There is an existing curb
cut on the property now; so, there will be no net decrease in the number of available on- street spaces and a
net increase in off - street parking.
Therefore, I ask that you review and approve the subject Waiver Request. Thank you in advance for your
review and do not hesitate to contact me with any questions.
Sincerely,
JR Walz
Architect
WALZ : Architecture
XTomholson
Owner 57/
Nicholson Construction Company.
17 -14
DRIVEWAY APPROACHES
GENERAL
ATTACHMENT E
U2
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
17 -15
Lr2
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
17 -16
L-2
C. Street curb openings shall not be pem-dtted 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 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 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.
3
17 -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.
!n
17 -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 24,1994
Amended - February 26,1996
Amended - May 8, 2001
Amended - October 10, 2006
5
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ATTACHMENT F
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