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HomeMy WebLinkAbout20190718_Action LetterCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL July 19, 2019 CAA Planning, Inc. Shawna L. Schaffner 30900 Rancho Viejo Road #285 San Juan Capistrano, CA 92675 sschaffner@caaplanning Subject: Staff Approval SA2019-004 (PA2019-085) 361, 363 and 365 Via Lido Sound Bethel and Ridge Mello Act Determination Dear Ms. Schaffner, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Community Development Director on July 18, 2019 and effective on August 2, 2019. A copy of the approved action letter with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, David Lee, Assistant Planner JM/dl COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER APPLICATION: Bethel and Ridge Mello Act Determination Staff Approval No. SA2019-004 (PA2019-085) APPLICANT: Shawna L. Schaffner, CAA Planning, Inc. LOCATION: 365 Via Lido Soud, Units 1, 2, 3, and 4 LEGAL DESCRIPTION Lot 923 and the southeasterly 10 feet of Lot 922 and northwesterly half of lot 924 of Tract 907 On July 18, 2019, the Community Development Director determined that the future demolition of one multi-family structure containing four units is in compliance with Zoning Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34 (Conversion or Demolition of Affordable Housing). LAND USE AND ZONING • General Plan: RM (Multiple-Unit Residential) • Zoning District: RM (Multi-Unit Residential) • Coastal Land Use Category: RM-E (Multiple Unit Residential - 30-39.9 DU/AC) • Coastal Zoning District: RM (Multi-Unit Residential) SUMMARY The property owner proposes to demolish one existing residential structure comprising of four units to accommodate the future redevelopment of the property. The demolition and construction requires the approval of a coastal development permit application. Zoning Code Chapter 20.34, Local Coastal Program Implementation Plan Chapter 21.34, and the Mello Act (Government Code Section 65590) require the replacement of units occupied by low and moderate income households on a one for one basis. In this case, the units are vacant and there is no evidence that the units were occupied for low or moderate income households and no replacement housing is required. ANALYSIS Pursuant to Zoning Code Section 20.34.020 (Review Authority), the Director shall make a determination as to the applicability of this chapter when a residential structure of three or more units is to be converted or demolished. If it is determined that any of the units are occupied by low- or moderate-income tenants, provisions for their replacement shall be Bethel and Ridge Mello Act Determination (PA2019-085) July 18, 2019 Page 2 provided, if feasible. If applicable and based on the documentation provided in compliance with Section 20.34.060 (Determining Requirements for Replacement Units), the Director shall make determinations as to: 1. How many units were occupied by low- and moderate-income persons or families; 2. Whether the conversion or demolition proposes to go from residential to nonresidential and if so, whether the proposed new use is coastal dependent; 3. Whether a feasibility analysis is required to be prepared; 4. The feasible number of affordable units required to be replaced, if any; and 5. Whether the required replacement affordable units are to be located on-site or off- site. In this particular case, the property owner has provided documentation that the units are not and were not occupied by low- and moderate-income persons or families. When the owner purchased the property in December 2018, all units were vacant and the prior tenants were not classified as low- or moderate-income households and they were not evicted for the purpose of evading the application of the Mello Act. The units remain unoccupied at this time. The owner has provided a notarized acknowledgement stating that they understand the requirements of the Mello Act and that the foregoing statements provided are true and correct (CD 2). Therefore, the future demolition of the four-unit residential building for the purpose of redeveloping the property for residential use consistent with the General Plan, Zoning Code, and Local Coastal Program does not require replacement affordable units nor a feasibility analysis consistent with applicable requirements. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or the City Clerk, as applicable, within fourteen days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: __________________________ David S. Lee, Assistant Planner Approved by: Attachments: CD 1 Vicinity Map CD 2 Mello Act Compliance Acknowledgement CD 3 County of Orange Income Limits Attachment No. CD 1 Vicinity Map VICINITY MAP Staff Approval No. SA2019-004 PA2019-085 365 Via Lido Soud, Units 1, 2, 3, and 4 Subject Property Attachment No. CD 2 Mello Act Compliance Acknowledgement Attachment No. CD 3 County of Orange Income Limits County of Orange Income Limits FY 2019