HomeMy WebLinkAbout15 - Public Improvements Along Grant Street FrontageCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
February 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, P.E.
949 -644 -3324
ftse@c'ity.newport-beach.ca.us
SUBJECT: ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG
GRANT STREET FRONTAGE - 7000 AND 7012 WEST COAST
HIGHWAY
RECOMMENDATIONS:
1. Reaffirm that no driveway curb cuts shall be constructed along the westerly Grant
Street public right -of -way fronting the Newport Sands Mobile Home Park site, or
2. If desired, consider the property owner's request for three (3) driveway curb cuts
along Grant Street,
3. Set March 15, 2005 as the construction plan submittal deadline for the required
off -site improvements.
BACKGROUND:
On October 12, 2004, the City Council ordered the owner of Newport Sands Mobile
Home Park (NSMHP), Sherwyn Turbow J Trust, to improve the Grant Street and
Highland Street frontages with concrete curbs, gutters, and walks. The Council further
ordered that the construction work shall begin no later than February 15, 2005. Staffs
understanding of the Council's action was that no driveway curb cuts were approved for
the Grant Street frontage. A copy of the staff report for that meeting and minutes is
attached for reference.
DISCUSSION:
Since the City Council's Order of Construction, the owner through its property manager,
James Joffe of J &H Asset Property Management, Inc., has requested that three (3)
driveway curb cuts be allowed along the Grant Street frontage to serve the future units.
One of the driveways would be wide enough to serve two residences and the other two
would narrow and provide access to a single on -site parking space. Neighboring
Subject: Order of Construction of Public Improvements Along Grant Street Frontage - 7000 and 7012 West
Coast Highway
February 22, 2005
Page: 2
businesses and residents are concerned that any driveways will result in loss of public
parking.
The owner claims that there were five (5) driveways along the Grant Street frontage
before the old units were removed (see attached letter) and that he is only requesting
three (3) driveways which will yield more on- street parking. Using the attached 2001
aerial photograph, staff was able to identify only two (2) driveway curb cuts that served
the mobile home park (MHP) before the old units were removed.
The NSMHP frontage along Grant Street measures approximately 150' in length. The
street is a narrow one -way street (30' right of way) with parking currently allowed on
both sides of the street with no sidewalks. Northerly of the mobile home park the right -of-
way widens to 40 feet. The existing thru lane is substandard at approximately 11 -12
feet. The City's long term goal was to widen the street to provide a 40' right of way that
would provide a wider thru lane and sidewalks. To accomplish this, the City would need
to acquire five feet of right of way from each side of the street. Historically, the City
acquires the needed right of way when properties re- develop over time. It was hoped
that the NSMHP would be re- developed and subdivided in a conventional matter to
match the original lot configuration of the Seashore Colony Tract which included 30'x80'
lots with alley access.
Staff is opposed to allowing the requested driveways for the following reasons:
• Parking — The current roadway, while substandard, does provide public parking
and that the installation of driveways will reduce parking in an area that already
has parking problems. Additionally, the narrowness of the existing thru lane will
require parking to be limited on the opposite side of the street to allow
appropriate turning movements into the driveway.
• Safety — The HCD approved development provides a one (1) foot setback
adjacent to Grant Street. Combined with the narrow right of way, the setback
does not provide a safe sight distance. A vehicle exiting the driveway cannot see
oncoming traffic on Grant Street until they are already encroaching on the travel
lane.
In the spirit of compromise, Staff developed an alternate site layout that reduces the
number of driveway curb cuts to two (2), with common driveways shared between unit
nos. 2 and 3 and between units nos. 4 and 6. This two- driveway configuration provides
wider drives that would be easier to access, but it will not provide additional on- street
parking and the owner is not receptive to this configuration.
A key reason that this problem has arisen is the lack of coordination between the City,
which regulates the public rights -of -way and the California Department of Housing and
Community Development (HCD) which regulates on -site development for mobile home
parks. Under HCD rules, the property owner can develop his site without any zoning
development code regulation and minimal compliance to the building code by the City.
Subject: Order of Construction of Public Improvements Along Grant Street Frontage - 7000 and 7012 West
Coast Highway
February 22, 2005
Page: 3
This allowed J&H to get an approved site plan from HCD based upon assumed access
from Grant Street. However, the City has the authority over public street frontages,
signs, access, and vehicle parking in accordance with California Health and Safety
Code, Section 18300(g)(1). In a recent letter, the City Manager notified HCD of the
City's concerns regarding setbacks, off - street parking, driveway access, and lack of
Coastal Commission approvals for this project (see attached). At this time, we have not
gotten a response from HCD.
J&H has indicated, and staff has confirmed, that the owner has hired a civil engineer who
will prepare the required construction plans once the issue of Grant Street driveway curb
cuts has been resolved. The owner plans to construct the Grant Street and Highland
Street off -site improvements concurrently.
SUMMARY:
The subject portion of Grant Street is substandard with a narrow thru lane, parking on
both sides, and no sidewalks. With the redevelopment of the Newport Sands Mobile
Home Park, the westerly side needs to be improved in order to clearly define the edge
of the public right -of -way and to complete the street. The City is not obliged to provide
any access to the mobile home park from Grant Street and any access will reduce the
number of on- street spaces and may produce unsafe conditions. In the future, It is
hoped that the City will be able pursue the widening of this street to improve vehicle and
pedestrian access. In the interim, staff recommends that the curb and gutter be
installed without driveways and maximize the available width to maintain existing
parking and the one —way travel lane.
Submitted by:
CSteph n'G. Badum
Public Works Director
Attachments: 2001 Aerial Photograph of Former Flamingo Trailer Park
January 31, 2005 J&H Letter
J&H 3- Driveways Exhibit
October 12, 2004 Staff Report/minutes
February 10, 2005, Letter to HCD
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ASSET
&H MGT., 1 1 MGT., INC.
January 31, 2005
Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Newport Sands
Dear Inspector Tse:
This letter is in answer to your telephone voice mail message requesting a drawing on the
proposed curb and gutter lay out. This letter restates my previous letter to you, dated
December 15, 2005. Again, as we discussed, I have marked a map for your
consideration. I understand the city s desire to maximize the potential parking. We have
the same need. The plan I am proposing will provide 5 on- street parking spaces on the
west side of Grant Street, and 8 on -site parking spaces. Please recall that before we
requested a lot line change, there were previously 6 on -site spaces, providing parking for
5 vehicles with 5 driveways that restricted on -street parking to one vehicle in front of
space 1. Because the Park recently had vacant spaces, some people began parking in
front of the driveways of the unoccupied spaces, and wrongly so. The proposed plan
doubles the number of vehicles that will be able to be legally parked on the west side of
Grant Street.
If we receive approval of this plan, we will pass it along to the engineer to make the
design of the curbs and gutters.
'ncerely„
Jo;J s Jo;
roperty Manager
22875 Savi Ranch Parkway, Suite "A" • Yorba Linda, CA 92887 -4629 • (714) 974 -0397
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
October 12, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, P.E.
949 - 644 -3324
ftse @city.newport- beach.ca.us
SUBJECT: ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG
GRANT STREET AND HIGHLAND STREET FRONTAGES
- 7000 AND 7012 WEST COAST HIGHWAY
RECOMMENDATIONS:
1. Hold public hearing, close public hearing.
2. If desired, Order the construction of public improvements on Grant and Highland
Streets, adjacent to 7000 and 7012 West Coast Highway, to be paid for by the
property owner.
3. If desired, direct the Superintendent of Streets to cause the construction of the
public improvements if the owner has not begun construction work by December
13, 2004. In case of nonpayment by owner for the work, authorize staff to place
a lien on the Properties to recover the administrative, engineering, and
construction costs.
BACKGROUND:
The owner of Newport Sands Mobile Home Park, Sherwyn Turbow J Trust, has
replaced some of the units with new manufactured homes within the northwesterly half
of the parcels. The remaining units are planned to be replaced in the near future.
Since February 2004, the Public Works Department has been in communications with
the owner's property manager, James Joffe of J &H Asset Property Management, Inc.
on his obligation to improve the existing adjacent street frontages on Grant and
Highland Streets with concrete curbs, gutters, and walks. At the beginning of the
discussions, the owner appeared cooperative and willing to construct the public
improvements. The owner requested, and staff provided, assistance in defining the
required scope of work, the engineering design parameters, and other pertinent
Subject: Order of Construction of Public Improvements Along Grant Street and Highland Street Frontages to
7000 and 7012 West Coast Highway
October 12, 2004
Page: 2
information in hopes that the work will proceed and be completed expeditiously. Since
then, there has not been any measurable progress.
DISCUSSION:
Under The Improvement Act of 1911, Chapter 27 of the California Streets and Highways
Code, the City Council, at its discretion, may direct the property owner to commence
construction of frontage improvements within sixty (60) days of the close of Public Hearing.
If no construction has begun at the conclusion of the sixty day time frame, City Council
may authorize its Superintendent of Streets (Public Works Director) to complete the
improvements. Staff has estimated the project, under public contract, to cost $3,000.00 for
engineering design and $17,000.00 for construction work with prevailing wage rates, for a
total of $20,000.00. In case of nonpayment by owner, the City could place a lien on the
Properties.
On September 14, 2004, the City Council set October 12, 2004 as the date to hold a
Public Hearing on this matter. The owner was Noticed on September 16, 2004. Public
Hearing Notices were posted around the site on Grant Street, Highland Street, and
West Coast Highway on September 29, 2004 and were published on the Daily Pilot
newspaper on October 1, 2004 and October, 2004.
by: ,-;7 Submitted by:
se, P.E. "Ste; EcWorks Badum
tgineer S p dent of Streets/
l Director
Attachment: Newport Sands Mobile Home Park Location Map
Photos of Existing Unimproved Parkway Frontages
City of Newport Beach
City Council Minutes
October 12, 2004
Council Member Nichols remembered when the property was designed
to improve circulation into Fashion Island. He also felt that the church
proposal was a better use of the property.
Council Member Daigle stated that the proposal is a net plus for the
community, and expressed her appreciation for the programs and
services that St. Mark's provides. Council Member Daigle stated that
she is mindful of the loss of open space but feels that there will be
opportunities in the future to replenish the City's inventory.
Mayor Ridgeway reminded everyone that with the annexation of
Newport Coast came 1250 acres of developed property on 7200 acres.
He stated that approximately 1800 acres is under water and the rest is
permanently dedicated to open space. He stated that the City has
adequate open space and The Irvine Company has met its responsibility
in that regard.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
14- ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS
ALONG GRANT STREET AND HIGHLAND STREET
FRONTAGES — 7000 AND 7012 WEST COAST HIGHWAY.
Jim Joffe, Newport Sands Property Manager, stated that Newport Sands
is a mobile home park and comes under the jurisdiction of the State
Housing and Community Development Department (HCD) in terms of
the interior of the property. The City can place requirements on the
perimeter of the property, but to make the perimeter work, Mr. Joffe
stated that he needs a plan for the interior also. Mr. Joffe further
explained that the property is over 50 years old and was a trailer park
with a density of approximately 25 units. He stated that the density has
been changed to 17 units and that more on -site parking will be provided,
but that he's waiting to hear from the HCD on his plans. Mr. Joffe
stated that the plans will improve the area and mitigate the parking
problems.
Council Member Webb asked Mr. Joffe when he thinks construction
could begin. Mr. Joffe stated that an additional sixty days would
probably work. He stated that as soon as his map is approved by the
HCD, he will have an engineer draw up the plans and then construction
can begin. He additionally noted that the area is scheduled to have the
utilities undergrounded and that a power pole on Highland Street could
have an impact on the curb and gutter improvements. He suggested
that the improvements to Highland Street not be done until the
undergrounding is completed. Public Works Director Badum confirmed
INDEX
(100 -2004)
City of Newport Beach
City Council Minutes
October 12, 2004
INDEX
for Council Member Webb that as long as there is a commitment to do
the work, the additional sixty days would be satisfactory.
Mayor Ridgeway opened the public hearing.
T. K. Brimer stated that the decrease from 25 units to 17 units is
deceiving. He explained that the 25 units were mostly one - bedroom
small trailers and the 17 units are three - bedroom homes, which has
actually resulted in an increase in bedrooms on the site. He stated that
parking is a problem and that the residents tend to use the off -site
parking first to improve the living conditions around their properties.
Mr. Brimer stated that he'd like to see the area improved and beautified,
and that the construction of curbs, gutters and sidewalks would help.
Joe Krueger, Newport Sands resident, stated that his parking space was
taken from him two years ago and that he hasn't been offered another
one. He stated that he has refused to sign the lot change form, which
means that Mr. Joffe can't promise that the improvements will be made.
Howard Rich stated that the increase in density at the site has had a
tremendous impact on the parking in the area. He questioned if there
would be room for a sidewalk on Highland Street, due to the narrowness
of the street.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Mayor Ridgeway stated that the improvements to the area will be made
and that the only question is if the owner will make the improvements
or if the City will do so and place a lien on the property. He stated that
the owner has not cooperated.
In response to Council Member Rosansk -y's question, Public Works
Director Badum stated that plans have not been prepared for the work,
because it was hoped that the property owner would initiate the process.
He stated that the City is aware of the lack of parking in the area and
that the right -of -way on Grant Street is narrower than the other streets
in the area. He stated that curbs and gutters on Grant Street, and
curbs, gutters and sidewalks on Highland Street will improve the area
without taking away from the existing parking. Council Member
Rosansky stated that the matter was brought to his attention by
residents in the area and agreed that the property has increased in
density. He asked if the undergrounding was an issue, as described by
Mr. Joffe. Public Works Director Badum stated that it shouldn't be an
issue to repair the pole location after the other work is done.
Motion by Council Member Rosausky to 1) order the construction of
public improvements on Grant and Highland Streets, adjacent to 7000
and 7012 West Coast Highway, to be paid for by the property owner; and
2) direct the Superintendent of Streets to cause the construction of the
public improvements if the owner has not begun construction by
February 15, 2005. In case of nonpayment by owner for the work,
City of Newport Beach
City Council Minutes
October 12, 2004
authorize staff to place a lien on the properties to recover the
administrative, engineering and construction costs.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Stephen Sutherland referred to Item No. 18, Ad Hoc Marinapark Lease
Negotiation Committee Report, and stated that he knows that his
character will again be attacked during the discussion of the item by a
small group of people who have no vision for the future of Newport
Beach. He stated that at the City Council meeting on September 28,
2004, many responsible residents spoke in favor of Measure L and were
shouted down by personal insults. He suggested that they not bother to
endure that treatment again at the current meeting. Mr. Sutherland
stated that he believes in the Marinapark Resort and Community Plan,
the public planning process that produced it and the vast majority of
residents who will fairly sort facts from propaganda. He thanked the
City Council for their attention to the Marinapark issue and hoped that
he would be working with them to bring the plan to fruition.
Jim Hildreth displayed a chest x -ray, which he stated shows that his
heart is in the right place. He stated that his issue continues to be the
access site in the Grand Canal and noted that he first brought the
matter to the City Council's attention on August 13, 1999. Mr. Hildreth
stated that Council Member Nichols and Dolores Otting also have their
hearts in the right place.
Robert Walchli stated that the comments at the City Council meeting on
September 28, 2004, that were considered mean spirited were due to the
fact that many people are fed up with public lands being converted to
private control and the City Council not listening. He stated that it's not
just Marinapark. He displayed a photo taken at the Balboa Bay Club,
which stated, "absolutely no public access ". Mr. Walchli stated that he is
in opposition to a soccer field at the Marinapark site, but could support a
hotel if public access were maintained.
Wendy Kaiser thanked the City Council for outlawing smoking on the
beaches and piers. She stated that she has asthma and that it will make
a difference to her.
Ann Watt, ocmil.com, stated that the biggest public land grab in the
County is the privatization of the El Toro Marine Air Station, but that
she is pleased to announce that a private developer may purchase the
base housing units and lease them to the military at a low cost. She
asked the public to support ocmil.com.
INDEX
CITY OF NEWPORT BEACH
February 10, 2005
Adrian Perez
Department of Housing and Community Development
3737 Main Street, Suite 400
Riverside, California 92501
Re: 7000 West Coast Highway
Conversion of the Flamingo Mobile Home Park to Newport Sands
Dear Mr. Perez:
The City had an opportunity to evaluate a proposed project where the property owner
proposed to develop a portion of the former Flamingo Trailer Park with seven, two story
manufactured homes. A letter was sent on October 2, 2002 indicating that the City
would not have an objection to the proposal provided that two parking spaces per unit
were provided and that all necessary permit and inspections obtained.
It has come to our attention that the project has expanded its scope as the remainder
of the park adjacent to Grant Street is now undergoing the same type of
transformation. The City has no record that it was informed of the change in the
project and the City has serious concerns about the project as proposed. I have
prepared a list issues for discussion purposes:
1. The buildings appear to be setback as little as 1 foot from Grant Street, which
is unacceptable for a new project. The minimum setback for residential
structures is 5 feet.
2. Ten feet is required between buildings on the same lot and the site plan the
City has shows only 6 feet between buildings,
3. Off - street parking for single family homes and mobile homes is 2 spaces per
unit and the plan does not clearly show compliance. It appears that one or
more units will only have a single space. Anything less than 2 spaces per unit
will be inadequate, especially in light of the size of the proposed units.
4. The driveway from West Coast Highway appears to be only 18 feet in width
where a minimum of 25 feet is required by Tittle 25 of the California Code of
Regulations for parks developed after 1961. The park may have been first
established prior to 1961, but the overall project constitutes a new park in the
City's opinion and should be made to conform to current standards. The City
would prefer a minimum driveway width of 26 feet as it is the City's standard.
City Hall • 3300 Newport Boulevard • Post Office Box 1768
Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us
Adrian Perez
Department of Housing and Community Development
Page 2
The property owner has requested additional curb cuts to provide vehicular access from
Grant Street. Grant Street is substandard per the City Circulation Element and Master
Plan of Streets and Highways as the public right of way is now only 30 feet in width
where the street is planned to be 40 feet ultimately. The City intends to acquire an
additional 5 feet of land at some point in the future street so a sidewalk can be
constructed. The substandard setback constitutes a major impediment to implementing
the City's planned street width on this segment of Grant Street.
The proposed design of the project will also affect public parking on Grant Street. The
three project driveways would necessitate the elimination of street parking across the
street in order to provide adequate maneuvering room to enter and exit the on -site
spaces. This is a direct result of the substandard setback of the units and the loss of
street parking negatively affects existing residents and businesses along with public
access to the beach. The California Coastal Commission is not likely to approve such a
request even if the City ultimately were to approve the request.
Due to these reasons, the City is not supportive of any vehicular access to the site from
Grant Street and is not prepared at this time to issue the necessary permits to allow the
access. Without this access, it would appear that 5 units that face Grant Street will not
have the minimum access required by law and they will not have the necessary parking
spaces per local ordinance. Both of these issues are unacceptable to the City of
Newport Beach.
During consultation with staff of the Coastal Commission regarding the potential loss of
street parking, they indicated that a Coastal Development Permit (CDP) has not been
issued for the project. Although it is not the City's responsibility to ensure compliance
with the Coastal Act for your project, the prospect that the property owner failed to
obtain a CDP and your failure to ensure that one was obtained is unsettling to say the
least.
I would respectively request that you issue a stop work order so we can begin a dialog
between our agencies and the property owner to resolve these matters.
Sinc rely,
Homer L. udau
City Manager
cc. CNB Public Works
CNB Planning
City Attorney
Property Owner
Coastal Commission
larking on Grant St., Newport Shores
From: Joe.Campanile @Lamson - Home.com
Sent: Tuesday, February 22, 2005 11:57 AM
To: Rosansky, Steven
Subject: Parking on Grant St., Newport Shores
Importance: High
Page I of .
"RECEIVED AFTER AGENDA
PRINTED:" Alt
t ._
OA _a a "13 S
;teve,
'hanks for taking my call this morning. Per our conversation- I own the house at 201 Canal St. on the corner of Canal and Grant. Two bedrooms
wo cars, one car garage- I am opposed to losing any parking spaces on Grant Street as it is already difficult to find parking at all much less on
3rant. To add curb cuts now and paint one side of the street red to the benefit of a small trailer lot does not seem fair to the rest of the residents
in the street. I am out of town on a business trip and unable to attend the City Council meeting tonight and wanted to voice my opinion /vote.
-hanks again.
3est Regards,
oe Campanile
.amson Home Products
oe.campanile@lamson-home.com
'14- 962 -4800
)2/22/2005
ASSET
t'�L PROPERTY
MGT., INC.
January 31, 2005
Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RF: Newport Sands
Dear Inspector Tse:
This letter is in answer to your telephone voice mail message requesting a drawing on the
proposed curb and gutter lay out. This letter restates my previous letter to you, dated
December 15, 2005. Again, as we discussed, I have marked a map for your
consideration. I understand the city's desire to maximize the potential parking. We have
the same need. The plan I am proposing will provide 5 on- street parking spaces on the
west side of Grant Street, and 8 on -site parking spaces. Please recall that before we
requested a lot line change, there were previously 6 on -site spaces, providing parking for
5 vehicles with 5 driveways that restricted on -street parking to one vehicle in front of
space 1. Because the Park recently had vacant spaces, some people began parking in
front of the driveways of the unoccupied spaces, and wrongly so. The proposed plan
doubles the number of vehicles that will be able to be legally parked on the west side of
Grant Street.
If we receive approval of this plan, we will pass it along to the engineer to make the
design of the curbs and gutters.
ncerely,
'v
Ja s Joffe
Property Manager
22875 Savi Ranch Parkway, Suite "A" o Yorba Linda, CA 92887 -4629 • (714) 974 -0397
ASSET
BL PROPERTY
MGT., INC.
December ] 5, 2005
Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Newport Sands
Dear Inspector Tse:
As we discussed, I have marked a map for your consideration. I understand the city's
desire to maximize the potential parking. We have the same need. The plan I am
proposing will provide 5 on -street parking spaces on the west side of Grant Street, and 8
on -site parking spaces. Please recall that before we requested a lot line change; there
were previously 6 on -site spaces, providing parking for 5 vehicles with 5 driveways that
restricted on -street parking to one vehicle in front of space 1. Because the Park recently
had. vacant spaces, some people began parking in front of the driveways of the
unoccupied spaces, and wrongly so. The proposed plan doubles the number of vehicles
that will be able to be legally parked on the west side of Grant Street.
If.we receive approval of this plan, we will pass it along to the engineer to make the
design of the curbs and gutters.
erely;
%1
Tame Joffe ( �v
operty Manager
22875 Savi Ranch Parkway, Suite "A" 9 Yorba Linda, CA- 92887 -4629 a (714) 974 -0397
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