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Home My WebLink AboutDD2019-001Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Director’s Determination To: Planning Division From: Seimone Jurjis, Community Development Director Date: October 29, 2019 Re: Newport Beach Municipal Code Chapters 20.34 and 21.34 (Conversion or Demolition of Affordable Housing) Director’s Determination No. DD2019-001 Summary A formal application for review for compliance with Newport Beach Municipal Code (NBMC) Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing) is no longer required. These chapters of the NBMC implement the Mello Act (Government Code Sections 65590 - 65590.1 Low- and Moderate-Income Housing Within the Coastal Zone). The regulations require the replacement of housing units lost within the coastal zone that are occupied by low- and moderate- income households under certain circumstances when feasible. Both the NBMC and the Mello Act provide when there is less than 50 acres in aggregate, of privately owned, vacant land available for residential use within the City’s coastal zone, and three miles therefrom, the replacement requirement is not required. The Planning Division completed a land use inventory to determine if 50 aggregate acres of privately owned, vacant land is available for residential use within the City’s coastal zone and within three miles inland of the coastal zone. The inventory conducted in October of 2019, found less than 50 qualifying acres (Attachment A). All other codes and policies related to demolitions, condominium conversions and affordable housing remain applicable. To ensure we keep a current inventory, this analysis will be updated on a regular basis. Background Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing) of the Newport Beach Municipal Code (NBMC) are the local ordinances that implement the Mello Act (Government Code Section 65590). The regulations in these Chapters apply when the following is proposed: A. The conversion or demolition of eleven (11) or more dwelling units located in two or more structures; or B. The conversion or demolition of three or more dwelling units located in one structure Furthermore, the provisions of the Chapters 20.34 and 21.34 do not apply to the following: A. Demolition of a Public Nuisance. The demolition of a residential structure that has been declared a public nuisance; or B. Replacement with a Coastal Dependent or Coastal-Related Use. The conversion or demolition of a residential structure for purposes of a coastal-dependent or coastal-related use; or C. Land Availability. The conversion or demolition of a residential structure when there are less than fifty (50) acres, in aggregate, of privately owned, vacant land available for residential use within the City’s coastal zone and three miles therefrom. Methodology Due to the geography of the City and Coastal Zone boundary location, the entire City is either in the Coastal Zone or within three miles of the Coastal Zone, therefore the land use analysis covers the entire City. To determine if a property was vacant and available for residential use, Planning Division staff used the following criteria: 1. Does the property have a residential or mixed-use general plan land use designation? 2. Does the property have a residential or mixed-use zoning district or planned community land use designation that allows residential use? 3. Is the property vacant and available for residential development? 4. Is the property privately owned? Questions 1, 2 and 4 are self-explanatory and relatively simple to determine. Once residential and mixed-use properties were inventoried, it was next determined if the properties were vacant and available for residential development. For the purpose of this analysis privately owned vacant properties available residential development do not include properties with any of the following characteristics: • Property developed with principal structures (residences) • Property developed with accessory structures (e.g. garages, sheds, yards, landscaping, pools etc.) abutting or adjacent to lot developed with a principal structure held by the same owner • Property utilized as parking lots for commercial or residential uses • Property used for vehicular access (roads, alleys, driveways) • Property used as required fuel modification areas • Property used for private recreation purposes (e.g. community pools, parks, open space, etc.) • Property where a building permit for development has been issued or plans for have been submitted for plan check • Property where development has been denied on the basis of environmental impacts (i.e. Newport Banning Ranch) Inventory Findings At the conclusion of the inventory, it was determined that 17.36 acres (aggregate) of potentially vacant land were available for residential development (Attachment 1) which is less than the 50 acre threshold established by the Mello Act. Therefore, projects proposing condominium conversion or demolition of residential dwelling units are exempt from the provisions of NBMC Chapters 20.34 and 21.34. All other codes and polices related to demolitions, condominium conversion and affordable housing remain applicable. Attachments: A. Potentially Vacant Private Property Available for Residential Development October 28, 2019 Potentially Vacant Properties ID - See Map ACREAGE NUMBE R STREET PARCEL NUMBER ZONING ZONING DESCRIPTION GENERAL PLAN GENERAL PLAN DESCRIPTION 1 0.148819 2812 OCEAN BLVD 052 061 25 R-1 Single-Unit Residential RS-D Single-Unit Residential Detached 2 0.16568 2808 OCEAN BLVD 052 061 26 R-1 Single-Unit Residential RS-D Single-Unit Residential Detached 3 0.382255 230 KINGS PL 049 202 01 R-1 Single-Unit Residential RS-D Single-Unit Residential Detached 4 1.82949 10 BIG CANYON DR 442 221 52 PC Big Canyon RS-D Single-Unit Residential Detached 5 0.183978 9 NAPOLI 461 141 09 PC Harbor View Hills RS-D Single-Unit Residential Detached 6 0.454339 26 PELICAN CREST DR 473 082 08 PC Newport Coast RS-D Single-Unit Residential Detached 7 0.459302 11 PELICAN CREST DR 473 082 56 PC Newport Coast RS-D Single-Unit Residential Detached 8 0.403526 15 PELICAN CREST DR 473 082 55 PC Newport Coast RS-D Single-Unit Residential Detached 9 0.492095 7 DEL MAR 477 261 06 PC Newport Coast RS-D Single-Unit Residential Detached 10 0.440625 19 DEL MAR 477 261 01 PC Newport Coast RS-D Single-Unit Residential Detached 11 0.683972 2 MYSTIQUE 477 102 16 PC Newport Coast RS-D Single-Unit Residential Detached 12 0.707239 6 SWIMMERS POINT 489 151 47 PC Newport Coast RS-D Single-Unit Residential Detached 13 0.469198 18 SWIMMERS POINT 489 151 42 PC Newport Coast RS-D Single-Unit Residential Detached 14 0.687044 2 COASTLINE 489 151 33 PC Newport Coast RS-D Single-Unit Residential Detached 15 0.571409 6 COASTLINE 489 151 34 PC Newport Coast RS-D Single-Unit Residential Detached October 28, 2019 16 0.442159 8 COASTLINE 489 151 35 PC Newport Coast RS-D Single-Unit Residential Detached 17 0.346652 10 COASTLINE 489 151 36 PC Newport Coast RS-D Single-Unit Residential Detached 18 0.374677 12 COASTLINE 489 151 37 PC Newport Coast RS-D Single-Unit Residential Detached 19 0.376345 16 COASTLINE 489 151 38 PC Newport Coast RS-D Single-Unit Residential Detached 20 0.48724 18 COASTLINE 489 151 39 PC Newport Coast RS-D Single-Unit Residential Detached 21 0.77783 20 COASTLINE 489 151 40 PC Newport Coast RS-D Single-Unit Residential Detached 22 0.639588 16 WAVES END 489 181 21 PC Newport Coast RS-D Single-Unit Residential Detached 23 0.653831 18 WAVES END 489 181 22 PC Newport Coast RS-D Single-Unit Residential Detached 24 0.713106 31 WAVES END 489 181 24 PC Newport Coast RS-D Single-Unit Residential Detached 25 0.64856 29 WAVES END 489 181 25 PC Newport Coast RS-D Single-Unit Residential Detached 26 0.514679 27 WAVES END 489 181 26 PC Newport Coast RS-D Single-Unit Residential Detached 27 0.748682 17 WAVES END 489 181 31 PC Newport Coast RS-D Single-Unit Residential Detached 28 1.07138 11 WAVES END 489 181 33 PC Newport Coast RS-D Single-Unit Residential Detached 29 0.384238 16 MIDSUMME R 489 181 43 PC Newport Coast RS-D Single-Unit Residential Detached 30 0.599234 22 CORAL RIDGE 489 181 15 PC Newport Coast RS-D Single-Unit Residential Detached 31 0.075446 3714 LAKE AVE NO AP # R-2 Two-Unit Residential RT Two-Unit Residential 32 0.070576 1608 OCEAN FRONT W 047 202 19 R-2 Two-Unit Residential RT Two-Unit Residential 33 0.097452 1610 BAY FRONT S 050 182 12 R-BI Balboa Island RT Two-Unit Residential October 28, 2019 34 0.070916 200 SANTA ANA AVE NO AP # R-2 Two-Unit Residential RT Two-Unit Residential 35 0.136432 1604 BAY FRONT S 050 182 11 R-BI Balboa Island RT Two-Unit Residential 36 0.061953 1412 BALBOA BLVD E 048 181 18 R-1 Single-Unit Residential RS-D Single-Unit Residential Detached TOTAL 17.36 !35 !1 !8 !4 !28 !21 !24 !12!11 !30!9 !7 !6 !3 !5 !2 !33 !31 !34 !32 !36 Potential_Vacant_Land.mxd Potentially Vacant Proper ties City of Newport Beac hGIS DivisionOctober 28, 2019 !28 !21 !27 !24 !12 !14 !11 !25 !30 !26 !9 !20!16 !10 !19!18 !23!22 !15 !13 !29 !17 R E E F P O I N T D R BLUE SHOREREEF P OI NT DR REEFPOINTDR B L U E S H O R ESHELL B E ACHDEL MA R MI D S U MME RD E EPSEA COASTLINE MYSTI QU E HIGHWATERC O R A L R I DGEWAVESENDSWIMMERSPOINT WATERPORT CURRENTSS O U TH BEACHCLEARW A T E R SCENIC BLUFF DEEPSEA WAVESENDD EEP SEA WAVES ENDDE L M A R DEEP SEAHI GH WA T E R SOUTHBEACHSee Detail A Detail A