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
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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