Loading...
HomeMy WebLinkAbout20190502_Justification Letter 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581‐2888 • Fax (949) 581‐3599 May 2, 2019 City of Newport Beach Attn: Mr. James Campbell, Deputy Director Community Development/Planning Division 100 Civic Center Drive Newport Beach, CA 92658 Subject: Coastal Development Permit Application 361, 363, 365 Via Lido Soud Dear Mr. Campbell: CAA Planning, Inc. (CAA) is pleased to submit this application on behalf of Jeffrey James Bethel and Michele Marie Bethel, Trustees of the 2010 Bethel Family Trust, and Stephen John Ridge and Shelley Marie Ridge, Trustees of the Stephen John Ridge and Shelley Marie Ridge AB Living Trust (Applicants). The application and supporting materials request approval of a Coastal Development Permit (CDP) consistent with the City of Newport Beach Local Coastal Program (LCP). The CDP is required for the proposed demolition of an existing 4-unit residence and the proposed processing of a Tentative Parcel Map (TPM) to subdivide the property into two lots. A CDP is also required to allow for modification to the lot width standard contained within the City’s LCP Local Implementation Plan (LIP) consistent with Section 21.52.090, Relief from Implementation Plan Development Standards as further detailed below. No construction is proposed as part of this CDP application. The project site is designated RM (Multiple-Unit Residential) in the City’s General Plan and the City’s Zoning Code. The Coastal Land Use designation is RM-E (Multiple-Unit Residential 30.0-39.9 DU/AC), and the Coastal Zoning designation is RM Multi-Unit Residential. Project Description  Demolition  The existing residence is a 2-story, 4-unit structure with an attached 6-car garage as shown on Sheet 2 of the attached Topographic Survey prepared by Craig S. Hampton, Incorporated. The demolition will occur entirely on the landside, and no waterside activity is proposed. The existing structure, garage, and all on-site improvements will be demolished, and the entire lot will be maintained for erosion and dust control. The demolition of the existing structure and garage are detailed on Sheet 1 of the Topographic Survey, which identifies Best Management Practices (BMPs) that will be implemented during demolition to avoid potential environmental impacts. PA2019-085 Mr. James Campbell May 2, 2019 Page 2 of 7 Erosion control and storm water pollution prevention measures are also shown on Sheet 1 of the Topographic Survey and include gravel bags, street sweeping and vacuuming, storm drain inlet protection, wind erosion control, and stockpile management. Both dry and wet season BMPs shall be maintained in a functional condition throughout the duration of construction activity and are identified below. Tentative Parcel Map  The project is located on Lido Isle at 365 Via Lido Soud, Assessor’s Parcel Number 423-167-04. The legal description of the parcel is the southeasterly 10 feet of Lot 922, all of Lot 923, and the northwesterly 20 feet of Lot 924 of Tract 907. The project will be subdivided into two lots and will be identified as Lots 1 and 2 of Tentative Parcel Map No. 2019-126. The existing 70-foot wide lot is proposed for subdivision into two 35-foot wide lots as further detailed on page 5 below. The following written statement of facts for Tentative Parcel Map No. 2019-126 is provided below pursuant to the City’s requirements. a) What is the existing use(s) of the property? The existing use is a two-story 4-unit residential structure with an attached 6-car garage with hardscape and landscape improvements. b) What improvements and public utilities are proposed to be made or installed and when are said improvements proposed to be completed? Any existing asphalt, curb, gutter, drive approach, and sidewalk damaged during demolition and construction will be replaced. The subject property is fully improved with all necessary public utilities which will be protected in place during demolition. c) What is the provision(s) for sewage and sewage disposal? There is an existing sewer connection to the site from the City of Newport Beach sewage system which will be protected in place during demolition. d) What, if any, public area(s) is proposed? No public areas are proposed. e) What, if any, tree planting(s) is proposed No trees are proposed. f) If any, briefly list and attach a copy of any restrictive covenants proposed. No restrictive covenants are proposed. There is an existing 4-foot public utility easement on the property dedicated to the City of Newport Beach located behind the front property line as shown on Final Map 907, which will remain. PA2019-085 Mr. James Campbell May 2, 2019 Page 3 of 7 Justification – Demolition  The City’s Local Coastal Program/Coastal Land Use Plan (LUP) and Implementation Plan (IP) provide the basis for determining Coastal Act consistency with public access and public recreation policies. As stated in Section 21.16.020 of the IP, “No new development (i.e., use of land, demolition, alteration, construction, expansion, reconstruction or replacement of structures) shall be allowed unless the development complies with this Implementation Plan and the requirements of this chapter.” The existing residential structure is consistent with the land use designations in the City’s General Plan, the Zoning Code, and the LUP, and the proposed demolition is a permitted activity, consistent with development, as noted above. Public Access (Chapter 21.30A) – The existing bay-fronting residence is located within the RM (Multi-Unit Residential) Coastal Zoning District, surrounded on three sides with residential development. There is no direct public access to the waterfront via the subject property or the immediately adjacent private residential lots. Demolition of the existing residence will not alter, impede, or eliminate public access, as none exists on the project site. Recreation (Chapter 21.30A) – The project site is located in a residential area where no public access to the waterfront is available from the subject property or the immediately adjacent private residences. However, as shown on the Coastal Access and Recreation Map 3-1 (LUP), public beach access is available from Via Lido Soud approximately 90 feet north of the project site between 343 and 351 Via Lido Soud and also approximately 60 feet south of the project site between 371 and 401 Via Lido Soud. The demolition of the existing residence will not alter, impede, or eliminate public access to the recreation opportunities at existing beaches. Scenic and Visual Quality (Section 21.30.100) – This section does not apply, as the project is the demolition of an existing residential building within a residentially designated area. There will be no scenic or visual impacts. Cultural Resource Protection (Section 21.30.105) – Removal of the existing residence will not destroy or disturb cultural resources, as previous grading of the site did not reveal any such resources. Habitat Protection (Chapter 21.30B) – The site was previously graded and developed within an existing residential area. No environmentally sensitive habitat area (ESHA), wetlands, or coastal dunes exist on site that would be impacted by the demolition of the existing residence. All demolition is confined to landside structures and improvements. Water Quality (Chapter 21.35) – In accordance with the IP requirement for the preparation of a Water Quality and Hydrology Plan/Water Quality Management Plan (WQHP/WQMP), the Applicants will provide a WQHP/WQMP when a CDP application is made for construction. As shown, the demolition of the existing residence will include best management practices (BMPs) and conditions requiring protection of the bay and adjacent properties from potential erosion/run- off during demolition and debris removal activities. Compliance with the identified BMPs will result in no direct water quality impacts due to the demolition. PA2019-085 Mr. James Campbell May 2, 2019 Page 4 of 7 Compliance with Mello Act  The project complies with Section 20.34.060 (Determining Requirements for Replacement Units) per the following determinations. a. How many units were occupied by low- and moderate-income persons or families? There are no records of any of the units being occupied by low- and moderate-income persons or families. The owner of the property passed away in February 2017. Based on written communication with a Trustee of the Estate, each tenant was promptly advised that as part of the process of winding up the affairs of the estate, the property would be vacated and sold. After providing the tenants adequate time to move out, the property was listed for sale 1 year and 3 months later. The units were vacant prior to the property being listed for sale in May 2018. In response to a request for prior rental agreements or rental applications, the Trustee indicated that after an exhaustive search, it was determined that no such documents exist. There is no evidence that the units were occupied by low- or moderate-income persons or families. b. Whether the conversion or demolition proposes to go from residential to nonresidential. The property will remain a residential use. There will be no conversion to a non- residential use. c. Whether a feasibility analysis is required to be prepared. A feasibility analysis is not required, because none of the units were occupied by low- and moderate-income persons or families. d. The feasible number of affordable units required to be replaced, if any. There are no affordable units requiring replacement. e. Whether the required replacement affordable units are to be located on-site or off-site. There are no affordable units requiring replacement either on-site or off-site. LCP Consistency Conclusion – The proposed demolition of an existing residence will not result in any impacts related to Coastal Act policies or City LCP regulated policies in the areas of public access, recreation, visual quality, cultural resources, habitat protection, or water quality protection. The project is consistent with the Coastal Act and the City’s LCP development standards. Justification – Tentative Parcel Map  The original Tract Map dates back to the 1920s where the subject property was originally two parcels. Since that time, the parcels were consolidated to create one property that the applicants now desire to revert to two separate parcels with equal lot widths of 35 feet. PA2019-085 Mr. James Campbell May 2, 2019 Page 5 of 7 Title 20 Zoning and Planning Code  The Zoning Code Chapter 20.18 regulates residential Zoning Districts. The property is zoned RM (Multiple Residential), which is intended to provide for areas appropriate for multi-unit residential developments containing attached or detached dwelling units. Zoning Code Chapter 20.18.030 Table 2-3 Development Standards for Multi-Unit Residential Zoning Districts. Per Table 2-3, the minimum design standard for an interior lot width is 50 feet; however, Note 2 provides relief from the lot width design standard: Table 2-3, Note (2): Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. As shown on the attached Original Parcel Map, the original underlying lots located on the block face in the RM Zoning District that the subject property is located in are between 30 and 40 feet wide with one 60-foot-wide corner parcel. The requested 35-foot lot widths are consistent with the provisions of Table 2-3, Note 2. The Zoning Map is attached for reference. Title 19 - Subdivisions of the Municipal Code and applicable provisions of the Subdivision Map Act provide for allowances under Chapter 19.24.130 Deviations from Design Standards, provided that the applicant is able to establish adequate justification and meet the required findings. M.C. 19.24.130.A: Modified Standards Per Title 20 Provisions. Notwithstanding other requirements of this Section, the tentative map decision making body may approve projects with different design standards than set forth in this chapter if it determines that such modified designs are specifically permitted pursuant to the provisions of the planned community, planned residential development, specific plan or other regulations set forth in Title 20 (Planning and Zoning). The requested deviation is specifically permitted as set forth in Title 20 (Planning and Zoning) Chapter 20.18.030 Table 2-3, Note 2, which provides that a parcel may be subdivided to a minimum lot size not less than the original underlying lots on the same block face in the same zoning district. The requested 35-foot lot widths are consistent with the 30-foot to 40-foot lot widths contained on the original block face and with provision of Chapter 19.24.130.A. These lots are also consistent with the existing surrounding development, which has lot widths ranging from 30 feet to 40 feet with each of the lots located immediately on either side of the subject property being 30 feet as shown on the attached RM Zone Lot Width exhibit. Title 19 Subdivision Code   The deviation from Chapter 19.24 Subdivision Design is identified by a note on the face of the tentative map included with this submittal consistent with Section 19.24.130(B). As detailed PA2019-085 Mr. James Campbell May 2, 2019 Page 6 of 7 above, the original parcel map dates back to the 1920s, and since that time, lot lines have been adjusted and parcels have been merged and/or divided in a confined space. Special circumstances exist to prevent the applicants from being able to meet the lot width requirement, including the fact that the parcels are located in a built-out area of Lido Island and it would be impossible to widen the lots. If one lot were to be brought into compliance then the second lot would be left with an inadequate width. Therefore, it would be infeasible to attempt to design either one or both of the lot widths to the design standard. Title 21 Local Coastal Program Implementation Plan   The Zoning and Local Coastal Program Implementation Plan documents are meant to function jointly as governing documents. However, when Title 21 (Implementation Plan) was adopted, Chapter 21.18, Table 21.18-4 did not carry over Note 2 from Title 20 (Planning and Zoning) Chapter 20.18.030 Table 2-3. As such, the LIP would require a minimum lot width of 50 feet for an interior lot. Unlike the City’s Zoning Code Table 2-3 which contains a note allowing for deviation from the standard lot width, the LIP does not contain the same notation. Rather, LIP Section 21.52.090(B) allows that “Any development standard of the Implementation Plan may be modified or waived through the approval of a coastal development permit…” Therefore, the lot width may be reduced from 50-feet to 35-feet through approval of a CDP. LIP Section 21.52.090(B) also details exceptions to the modification of development standards, including those which seek to exceed residential density or allow for prohibited uses. No such deviation is requested. The project will not result in increased density beyond what is allowed by the City’s General Plan and the project will remain consistent with all other provisions of the City’s LCP. Even though the deviation from the lot width is not explicitly referenced in the IP as it is in the Zoning Code, it is permissible to deviate from the lot width standard through approval of a CDP. The subdivision conforms to the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Attached hereto are draft findings in support of the CDP for the Demolition, Tentative Parcel Map, and Relief from the Development Plan Standards. In addition, the findings in support of the deviation consistent with the Subdivision Code Section 19.24.130(C) are also attached. We look forward to the City’s determination that the application is complete and the earliest Zoning Administrator action to approve the CDP. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer PA2019-085 Mr. James Campbell May 2, 2019 Page 7 of 7 Attachments: Original Parcel Map Zoning Map RM Zone Lot Width Draft Findings Eight full-sized sets of Tentative Parcel Maps One full-sized set of Topographic Survey Preliminary Title Report One CD-ROM containing all submittal items c: Stephen Ridge Jeffrey Bethel PA2019-085