February 11, 2025
Agenda Item No. 15
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected] PREPARED BY:
Jerry Arregui, Assistant Planner - 949-644-3249, [email protected] TITLE:
Resolution No. 2025-9: Approving a Request to Waive City Council Policy L-2, Driveway Approaches, and a Coastal Development Permit for a Duplex at 3601 Lake Avenue ABSTRACT:
For the City Council’s consideration is a request for a waiver of City Council Policy L-2, Driveway Approaches, in conjunction with the construction of a new duplex. Policy L-2 generally requires vehicular access for new residential developments adjoining an alley to be taken from the alley. However, due to an above-ground utility in the alley that cannot be relocated, the proposed duplex provides vehicular access to Unit A via 36th Street through an existing street curb opening.
The applicant, Brandon Architects, also requests a Coastal Development Permit (CDP) to allow the demolition of a single-unit dwelling and the construction of a new 4, 218-square-foot duplex, which includes 999 square feet of garage space with a two-car garage for each unit.
RECOMMENDATIONS:
Conduct a public hearing;
Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment; and Adopt Resolution No. 2025-9, A Resolution of the City Council of the City of Newport Beach, California, Waiving City Council Policy L-2 (Driveway Approaches) and Approving a Coastal Development Permit to Demolish an Existing Single-Unit Dwelling and Construct a New Duplex Located at 3601 Lake Avenue (PA2024-0105).
DISCUSSION:
The 3,599-square-foot subject property is located on the Balboa Peninsula, at the corner of 36th Street and Lake Avenue (Property). 36th Street is a one-way street. It has red curb along the northern side prohibiting on-street parking while on-street parking is allowed intermittently on the southern side.
The Property is located on the red-curb side of 36th Street. The Property is square shaped and abuts a 10-foot-wide alley. The Property is developed with a two-story, single-unit dwelling, with an attached two-car garage. The existing garage takes vehicular access from 36th Street, as shown below in Figure 1, due to an above ground utility (power pole) in the alley that restricts vehicular access.
Figure 1: Existing Development
The applicant requests a CDP to demolish the existing single-unit dwelling and construct a new, three-story, 4,218-square-foot duplex with 999 square feet of garage space. The duplex is designed so Unit A will take vehicular access from 36th Street, through the existing street curb opening, and Unit B will take vehicular access from the alley. The applicant requests a waiver of City Council Policy L-2 to retain the vehicular access from 36th Street through the existing curb opening (Project) City Council Policy L-2 Waiver
City Council Policy L-2 (Attachment B) is intended to minimize both the number and width of driveway openings, to preserve on-street parking, and to reduce the points of traffic conflict. The policy requires residential properties that abut an alley to take vehicular access from the alley. City Council Policy L-2 has an exception to maintain access from the street, subject to one of the following conditions:
A new curb opening from the street shall be permitted where existing utility conditions, that cannot be removed/relocated, prevent alley access and one additional covered non-tandem off-street parking space beyond code required amount is being provided; or An existing curb opening can be maintained or relocated when one additional covered non-tandem off-street parking space beyond code-required amount is provided, and no loss of on-street parking is proposed.
The Project will redevelop the Property from a single-unit dwelling to a duplex. The increase in the number of dwelling units requires the applicant to provide additional off-street parking beyond what is currently provided. The Project includes two, two-car, garages to satisfy code requirements. While the Project does not provide the additional space as prescribed in the exception to Council Policy L-2, the Applicant is complying with the policy to the greatest extent feasible. The Project is designed so that new vehicular access is taken from the alley, consistent with the policy. However, to provide the additional parking space required by the exception to the policy would likely require an additional curb opening or an even larger curb opening than what is currently existing and would be directly inconsistent with Council Policy L-2.
While removing the power pole would unencumber vehicular access to the Property and allow for a design compliant with Council Policy L-2, removal of the power pole is infeasible. As detailed in the Applicant’s Request (Attachment C), removal of the power pole would require work beyond simply undergrounding the immediate power pole. The Applicant would need to also underground a second power pole and utility vaults, which would require approximately 500 feet of extensive trenching with subsequent dewatering of the alley during such work. It would also require the Applicant to underground utilities for four nearby homes and install new electrical panels on each home. This additional scope would cause an extreme financial burden to the Applicant and presents logistical issues. Therefore, the applicant requests a waiver of Council Policy L-2.
As proposed, the Project does not result in a loss of existing on-street parking spaces, because the existing two-car garage is currently accessed from 36th Street and the two-car garage for Unit A will remain in the same location. The Project does not allow the creation of new on-street parking spaces, as a red curb, shown below in Figure 2, exists on the entire northern side of 36th Street and parking is not allowed.
Existing Curb OpeningExisting Curb OpeningRed Curb along 36th StreetRed Curb along 36th StreetPower PolePower PoleSubject PropertySubject Property Existing Curb Opening
Existing Curb Opening
Red Curb along 36th Street
Red Curb along 36th Street
Power Pole
Power Pole
Subject Property
Subject Property
Figure 2: Oblique Arial Image of Property, 2022
There are other properties within the vicinity of the Project developed with the similar condition of vehicular access taken from the adjoining street rather than the alley. These properties will be required to comply with Council Policy L-2 when redeveloped, furthering the intent of Council Policy L-2 within the area. It is notable that no other properties appear to have the same power pole constraint as the project Property.
Coastal Development Permit
The Property is located within the Coastal Zone and requires a CDP. Pursuant to Section 21.52.15(F) of the Newport Beach Municipal Code (NBMC), the review authority may approve or conditionally approve a CDP, only after first finding that the proposed development:
Conforms to all applicable sections of the certified Local Coastal Program (e.g. development standards, no impacts to public views, natural resources, etc.); and Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.
The Property is categorized as Two Unit Residential (RT) by the Land Use Element of the General Plan and as Two Unit Residential – 30.0-39.9 DU/AC (RT-E) by the Coastal Land Use Plan (CLUP). The Property is located within the Two-Unit Residential (R-2) Zoning District and Coastal Zoning District.
Duplexes are a permitted use under these land use designations. The Project complies with all applicable development standards of the R-2 Zoning and Coastal Zoning Districts as illustrated in Table 1 below.
Table 1: Development Standards
Development Feature
Required
Proposed
Setbacks (min.)
Front (Lake Ave)
Front (36th Street)
Right Side (North)
Rear (Alley)
3’
5’
4’
5’
3’
5’
4’
5’
Height (max.)
Flat
Sloped
24’
29’
24’
28’-8”’
Open Space (min.)
398 sq. ft.
430 sq. ft.
3rd Floor Area (max.)
398 sq. ft.
388 sq. ft.
Floor Area Limit (max.)
5,308 sq. ft.
5,217 sq. ft.
Parking (min.)
4 spaces (2 per unit)
4 spaces (2 per unit)
A full set of plans is available as Attachment D.
Section 21.40.070(B) of the NBMC requires that new developments on lots with alley access be designed to take on-site parking access from the abutting alley. Exceptions are allowed if the alley is too narrow to provide sufficient maneuvering space or if accessing the site from an abutting street does not eliminate existing on-street parking or prevent the creation of new on-street parking by closing existing curb openings.
The Project provides vehicular access from the alley to the maximum extent feasible, as the power pole in the alley obstructs vehicular access to both garages. The Project does not result in a loss of existing on-street parking, as the existing garage is currently accessed from 36th Street through a curb opening and the proposed garage for Unit A will use the same curb opening. Furthermore, no new on-street parking will be created, due to the red curb prohibiting parking along the entire north side of 36th Street.
The Property is not located between the nearest public road and the sea or shoreline, nor does it interfere with any existing access to the coast; therefore, it is not necessary to evaluate consistency with the public access and public recreation policies of Chapter 3 of the Coastal Act.
While the Zoning Administrator is the review authority for CDPs, Table 21.50-1 (Role of Review Authority) of the NBMC, Footnote 6 requires that applications with multiple discretionary applications be approved by the highest review authority. Since the Applicant also requests a waiver of Council Policy L-2, which can only be approved by the City Council, both the CDP and waiver must be approved by the City Council.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures. The Project demolishes an existing single-unit dwelling and constructs a new duplex within a developed neighborhood. Therefore, the Class 3 exemption is applicable.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
NOTICING:
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A – Resolution No. 2025-9 and Findings
Attachment B – City Council Policy L-2
Attachment C – Applicant’s Request
Attachment D – Project Plans
15-3
15-1
Approving a Request to Waive City Council Policy L-2, Driveway Approaches, and a Coastal Development Permit for a Duplex at 3601 Lake Avenue February 11, 2025
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