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HomeMy WebLinkAbout15 - 401 38th Street Curb Cut AppealCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 February 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 ilee@city.newport-beach.ca.us SUBJECT: 401 38TH STREET — APPEAL OF STAFF DECISION TO NOT ALLOW A NEW CURB CUT ON NEWPORT ISLAND APPLICANT: RYAN VITT RECOMMENDATIONS: 1. Approve Encroachment Permit N2006 -0073 or Deny Encroachment Permit N2006 -0073 based on its nonconformance with the provisions of Council Policy L -2.C. 2. Direct staff to condition the Owner to close the existing curb cut fronting the property on 38th Street in conjunction with the construction of the proposed duplex. DISCUSSION: Background: Ryan Vitt, owner of 401 38th Street at Marcus Avenue on Newport Island, is requesting approval to make a new 19 -foot long curb cut along the property's Marcus Avenue frontage to provide required parking for a new two -unit residential project (see letter attached as Exhibit W). The owner proposes to construct a new Marcus Avenue curb cut to provide access to the two -car garage assigned to the front unit. Access to the rear unit one -car garage /one -car carport will be taken from the alley. The propert y currently has two utilized garage access points — one off the alley and one off 38 Street. 401 38TH STREET — APPEAL OF STAFF DECISION TO NOT ALLOW ANEW CURB CUT ON NEWPORT ISLAND February 28. 2006 Page 2 City Council Policy L -2.0 specifically states "Street curb openings shall not be permitted to residential property which abuts an alley" and "An exception may be made for corner lots under special circumstances such as an existing structure prevents full alley access or additional covered off - street parking is being provided." Mr. Vitt's development will provide o my the m inimum f our (4) o n -site p arking s paces required of all new duplex buildings and therefore does not meet the "additional on -site parking" criteria to qualify for a new curb cut on Marcus Avenue. Staff therefore recommends the City Council to approve or deny the Owner's request to make a new curb cut on Marcus Avenue and to direct staff to condition the Owner to abandon the existing curb cut fronting the property on 38th Street in conjunction with the construction of the proposed duplex. Environmental Review: Pursuant to Section 15303, New Construction or Conversion of Small Structures — Class III of CEQA Guidelines, this action is exempt from environmental review. Prepared by: asLee Associate Civil Engineer Submitted by: tephen G. Badum Public Works Director Attachments: Exhibit'A' — Letter from Ryan Vitt (owner) Exhibit'B' — Proposed Site Plan Owner /Contractor: Ryan Vitt Address: 401 38th Street Request: Curb cut approval and waiver of 5th onsite parking space I am requesting City Council approval of a curb cut and a waiver of the Public Works required 5th onsite parking space for a new duplex located at 401 38th Street on Newport Island. The proposed curb cut will be located on Marcus Avenue, 35 feet 4 1/2 inches from the comer of Marcus Avenue and 38th Street. This proposed curb cut distance from the intersection of 38th Street and Marcus Avenue is consistent with other duplexes within the city of Newport Beach. The proposed curb cut will not do away with any street parking along Marcus Avenue or 38th Street. Since there is no decrease in the number of street parking spots, I am requesting the Public Works required 5th onsite parking spot be waived. The proposed new duplex is more in scale with the current development on the island as compared to new duplexes with all 4 onsite parking spots located off the alley. As the drawings show, the proposed new duplex meets the required 4 onsite parking spaces, 2 parking spaces per unit, as well as the appearance of 2 individual side by side units. Thank you, Ryan Vitt EXHIBIT A I ii 4 u'. m; u. F• �i Nfl'1 'JNIl50(3 - -� -- BtlfILL 0311 'JNLLSIX3 la2zJlS H19E = -l141 `RM-0 usv I I I I I i I I r� - I I i it I ,I I I i i I i I 1, �I I _ I I I I I I i I I I I 'c�cicn.s: �n w Q Q w Q N m a F it u __________ _____ ____________________..____ ___ __ __________ ___ __z.___. ___ 1f1'! �tlflJ 'JNLLSI%] 133?J19 MAC .. ....... .- ----- ----- --- - ---'- - ...... .... ......... ...1fA'1 Lm r _m 2 x LLI �r