HomeMy WebLinkAbout1746 - APPROVE CR_1703 WEST BALBOA BLVDRESOLUTION NO. 1746
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2006 -003 FOR PROPERTY LOCATED
AT 1703 WEST BALBOA BOULEVARD (PA 2006 -278).
WHEREAS, an application was filed by C. Frank Zavala for approval of a Coastal
Development Permit to allow the demolition of a 10 -unit apartment building located at
1703 West Balboa Boulevard; and
WHEREAS, a public hearing on the application was held on January 17, 2008, in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at the meeting; and
WHERAS, the purpose of a Coastal Residential Development Permit is to ensure
compliance with Government Code Section 65590 (Mello Act) which regulates the
demolition of low and moderate income (affordable) units in the Coastal Zone; and
WHEREAS, in accordance with the provisions of the Mello Act, it has been
determined that 8 of the 10 existing units are considered affordable; and
WHEREAS, the Mello Act states that a jurisdiction may not approve the
demolition of existing housing units occupied by low or moderate income households
unless provision is made for their replacement with new affordable units.
WHEREAS, the Mello Act allows a project to be exempted from the affordable
unit replacement requirement, if it is determined that replacement of all or a portion of
the lost affordable units is not feasible, and if the project is located within a jurisdiction
which has within the area encompassing the Coastal Zone, and three miles inland
therefrom, less than 50 acres, in aggregate, of land which is vacant privately owned and
available for residential use; and
WHEREAS, it has been determined that the City has less than 50 acres, in
aggregate, of land which is vacant privately owned and available for residential use; and
WHEREAS, in accordance with the provisions of the Mello Act, a feasibility
analysis was conducted by Keyser Marston Associates, to determine whether or not it is
economically feasible for the applicant to satisfy the replacement obligation onsite,
within the Coastal Zone, or within three miles of the inland boundary of the coastal
zone; and
WHEREAS, the conclusion of the feasibility analysis is that it is not economically
feasible for the applicant to replace the affordable units lost through the demolition of
the existing apartment building; and
City of Newport Beach
Planning Commission Resolution No.
Paqe 2 of 2
WHEREAS, the Planning Commission concurs with the results of the feasibility
analysis;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission hereby approves Coastal Development
Permit No. 2006 -003, exempting the project from the affordable unit replacement
requirement (in accordance with the exemptions of the Mello Act), and allowing the
demolition of the existing apartment building.
ADOPTED THIS 174" DAY OF JANUARY 2008.
AYES: Eaton, Peotter, Hawkins, Cole,
McDaniel, Toerge and Hillgren
NOES: None
ABSENT: