HomeMy WebLinkAbout09 - 428 Orchid Avenue Curb CutCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
August 26, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Gilbert Wong, Associate Engineer
949 - 644 -3311
gwong@city.newport-beach.ca.us
SUBJECT: APPROVAL OF ENCROACHMENT PERMIT NUMBER N2003 -0295 TO
ALLOW A CURB CUT IN SECOND AVENUE ADJACENT TO 428
ORCHID AVENUE
OWNER: ITF, LTD.
ISSUE: Determine if a curb opening can be permitted for a residential duplex
property that abuts an alley.
RECOMMENDATIONS:
1. Approve the request to allow a drive approach to a two -car garage on the
Southerly side of Second Avenue.
2. Direct staff to revise the corner lot exception to Council Policy L -2.C.
DISCUSSION:
Stanley J. Andrade, the Architect representing the owner (ITF, LTD) of the property
located at 428 Orchid Avenue in Corona del Mar, is requesting approval to construct a
curb cut along the Second Avenue frontage to provide parking for a new duplex (see
attached letter dated July 22, 2003, Exhibit "A "). The property is at the corner of Orchid
Avenue and Second Avenue.
Currently the property has two existing units; both units are designed with vehicular
access to two single car garages via two separate driveways off Second Avenue. The
rear unit has a detached garage with alley access. The front unit main entrance is off
Orchid Avenue and the rear unit main entrance is off Second Avenue (See attached
Exhibit "B ").
The property owner proposes redevelopment with two new units. The proposed front
unit would have vehicular access off Second Avenue via a driveway to a two -car
garage. The proposed rear unit would have vehicular access off the alley to a two -car
Subject: Approval of Encroachment Permit Number N2003 -0295 to Allow a Curb Cut on Second Avenue
Adjacent to 428 Orchid Avenue
August 26, 2003
Page: 2
garage. The front unit main entrance is off Orchid Avenue and the rear unit main
entrance is off Second Avenue (See attached Exhibit "C" and "D ").
City Council Policy L -2.0 under RESIDENTIAL ZONES AND RESIDENTIAL USES —
SPECIAL REQUIREMENTS states: "Street curb openings shall not be permitted to
residential property which abuts an alley." An exception may be made for corner lots
under special circumstances (i.e. existing structure prevents full alley access or
additional covered off - street parking is being provided).
The owner believes he is entitled to have a driveway off the street, because under
special circumstances an exception is allowed where there are structures that prevent
full alley access. In this case an existing power pole and hedge /vine hinders alley
access (See attached letter dated August 8, 2003, Exhibit "E" and Exhibit "F" and
photos). Staff recognizes the power poles /landscaping hinders alley access, but they
are not fixed structures such as a block wall /building. Typically developers are
expected to endure the cost of removal, relocating, and reconstruction of utilities, trees,
improvements, signage, etc. as part of the cost to develop their project. In addition,
landscaping is not considered a structure and it can easily be removed.
Staff recognizes that the required four parking spaces (1 covered and 1 uncovered) per
unit can be designed to access off the alley with either 4 side by side parking spaces or
a tandem parking design concept. However, staff does not oppose retaining and
widening one of the existing driveway curb cuts off Second Avenue. This proposal will
eliminate another existing driveway curb cut off Second Avenue to allow a public
parking space.
The proposed units will have smaller living space with oversized garages, one common
wall, and an open courtyard separating the two units. Although this development does
not meet the letter of the policy, staff supports this design concept because non -
tandem /larger garages are more useable and with separate garages it will provide more
privacy for the tenants /owners. Although the development is not providing additional
on -site parking to comply with exception requirements of the Council Policy L -2, it is
improving the parking situation in the area.
Staff has encountered similar corner lot projects that do not meet the letter of City
Council Policy L -2, but it does meet the intent and /or provides physically separated
units that are more harmonious for the tenants /owners. Staff requests direction from
the City Council to revise City Council Policy L -2.0 to allow these types of
developments or grant the Public Works Director the authority to approve these types of
projects.
Environmental Review:
This action is categorically exempt per Section 15303.
Subject: Approval of Encroachment Permit Number N2003 -0295 to Allow a Curb Cut on Second Avenue
Adjacent to 428 Orchid Avenue
August 26, 2003
Page: 3
Public Notice:
Public posting /notification is not required for this action.
Funding Availability:
No City funds will be required. The property owner will pay all costs for replacement
and abandonment of the driveway approach.
Prepared by:
Gilbert Wo *�
Associate Engineer
Submitted by:
Stephen G. Badum
Public Works Director
Attachments: Exhibit "A" - Letter Dated July 22, 2003 and Drawing
Exhibit "B" - Letter Dated August 8, 2003
Exhibit "C" - Drawing of proposed site
Exhibit "D" - Drawing of existing site
Exhibit "E" - Drawing of proposed (elevation view)
Exhibit "F" - Drawing of proposed (plan view)
Photos — Existing site
A N D R A D E
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P1 E', 949 248 -2681
July 22, 2003
Dick Hoffstadt, Public Works Senior Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Re: 428 Orchid Duplex Parking & Garage Access
PC # 1208 -2003
This letter will serve as an official request that you approve the plans for the above stated
project. The following will explain our position for approval.
We are increasing the garage width on the alley- accessed garage and moving the garage
door further to the center of the property by approximately 12 inches. There is an
existing power pole as shown on the attached exhibit and access to this garage would be
severely inhibited without the proposed changes.
Construction of the proposed duplex will improve the parking situation in the
neighborhood. We are eliminating one curb cut on 3`d Street, which will provide on
additional on- street parking space.
We are providing four on -site parking spaces in two oversized fully enclosed two -car
garages. The total width of both garages exceeds the code minimum by nearly three feet.
The plans were submitted to the City of Newport Beach on May 7, 2003. Building and
Planning have already approved the plans and they are ready for permit. We are still
waiting for Public Works approval. I hope this proposed change will clear up any issues
concerning access to the proposed garage and parking issues.
Once again, we respectfully request that you approve the plans so that the builder can
immediately proceed with construction.
Respectfully,
An ra e, Architect
Andrade Architects, Inc.
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ITF Limited
1421 North Wanda Road, Suite 160
Orange, CA 92867 -5343
Phone: (714) 997 -1998
Fax: (714) 997 -9491
August 8, 2003
Mayor Bromberg and City Council
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Request for curb cut opening (driveway access) for project at 428 Orchid
RE: Plan Check # 1208 -2003
Dear Honorable Mayor Bromberg and City Council
This letter will serve as a formal request to approve a curb cut on Second Avenue in order to
obtain vehicular access off of Second Ave for our project at address 428 Orchid. An
Encroachment Permit for this request is also included.
We appreciate you taking time to review this request and hope that it will be approved for this
project and similar projects in the future.
It came as a surprise that we would need to go before the city council to receive approval for a
condominium design which we have successfully developed four previous times within the past
three years in the Corona Del Mar Village.
We understand that even though the city issued a demo permit for this property and all other
departments have signed off on our design as before, the issue of garage access is now
formally being considered for the first time. The following information, we hope, will help
explain the design intent and benefits to the community.
Project Description:
The project is designed to look like 2 individual beach cottages situated on a 45 -ft. x 118 -ft.
corner lot, even though the cottages are discreetly attached. The residents of Corona Del Mar
appreciate the cottage designs as they are in keeping with the "Old CDM Charm ", a goal which
we strongly believe is important to the community. Each cottage has either wood siding or
shake shingled exteriors with covered front porches, large courtyards, front yards, and
oversized two car garages.
This design approach is notably different from the "large two -story box like homes" (with stucco
walls roof decks and car ports) currently being built on many lots in the neighborhood
/ OF y
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We have previously built our design plan (a beach cottage condo) on the same size corner lots
in the Village four other times at the following addresses:
620 and 620 '/z Marigold (Photos included)
621 Marigold and 3315 Fourth (Photos included)
2830 Seaview and 301 Heilotrope
701 Poinsettia and 3650 Fourth (address recently changed from701%Poinsettia)
The following points provide reasons to support our request.
1. On Street Parking:
Prior to demolition, the dwelling on the existing property had two curb cuts on 2nd Avenue.
Our "beach cottage condo" design allows for the elimination of one of these existing curb
cuts. Therefore by doing this project and improving the property, we are actually increasing
the "on street parking" by one space in addition to providing "off street" parking that
exceeds code requirements.
2. Off Street Parking:
The current zoning ordinance requires that enclosed garage space is counted against the
overall buildable square footage of any given lot. This results in two problems — parking
and storage.
Our goal from the beginning was to create a usable oversized 2 -car garage for each unit in
which people could actually park two cars. In this project we actually made the living space
in each unit smaller than allowed so that we could give more square footage to the garage.
This again is a noted departure from much of the recent condominium developments in
which each unit has a code minimum of one -car garage and tandem carport. As you may
be aware, many residents use only the carport to park their cars, thus leaving their other
car parked on the street.
Our "beach cottage condo" design only works on corner lots because we are able to take
access for one garage from the side street and the other from the alley thus allowing for
many aesthetic design benefits previously mentioned.
By this design we have exceed the code minimum by both; providing enclosed garaqe
parking for two cars instead of one, and the size of each garaqe (in order to accommodate
the size of cars being driven today and the need for storage).
3. Proposed Curb Opening and Driveway
The proposed curb opening and driveway for the property (per our design) complies with
the City Council Policy L -2. The project property is a corner lot, the width of the curb is
below one -half the lot depth and the curb is less than 20 feet wide. Also the proposed
driveway grades are within code.
2 OF 3
C v" I Q I r "_ "
4. Allev Access
It is not feasible to provide our same garage design configuration (2 each — two car
oversized garages) off the alley. The architect has stated (in the attached memo from
Andrade Architects) that in his opinion even the "code minimum" garages are not feasible.
Also, pursuant to City Council Policy L -2 provision for exception to the curb opening
restriction, there are two existing "structures" that currently prevent "full alley access ". A
power pole is located at the corner of the proposed alley garage, a situation that is unique
to this lot. Also there is a well -grown decorative hedge and large vine growing by the alley
where additional garage or carport could be located.
Although these "structures" can be moved or torn down, we believe that it would be better if
they remained as they are. The hedge is quite attractive and moving the power pole would
be a cost that we had not scheduled or planned for.
To accommodate this pole in its existing location, we modified our original design to make
this garage wider and moved the garage door closer to the center of the lot in order to
provide an ample turning radius into the garage that is accessed off of the alley.
We are of the opinion that our unique design exceeds the city's code requirements in each
area of concern while providing the community with two new homes, which add to, instead of
detracting, from this neighborhood, in which we live and work. It is our hope that the council
will see clear to approve this request so that we may proceed without further delay.
Sincerely,
Thomas Q. Nicholson
President
Enclosures (10)
1. Photos of our previous project at 620 & 620'/: Marigold
2. Photos of our previous project at 621 Marigold & 3315 Fourth St.
3. Photos of example of a "2 story stucco" condominium project on same size lot (other builder)
4. Site elevation of proposed design
5. First Floor Site Plan of proposed design
6. Second Floor Site Plan of proposed design
7. Topography Map /Survey 428 Orchid
8. Grading Plan 428 Orchid (proposed design)
9. Memo from Andrade Architects
10. Encroachment Permit Request
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FIRST FLOOR PLAN ORCE011) DUPLEX e M---.
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428 ORCHID,
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DRIVEWAY APPROACHES
GENERAL
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 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
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.
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:
2
L -2
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.
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 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.
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).
N
L -2
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.
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.
9
L -2
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
5