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Home My WebLink About1401-1421 BAYSIDE DR111111111 lill 11111111111111111111 *NEW FILE* 14014 421 Bayside Dr October 14, 1996 TO: BUILDING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1401 Bayside Drive Resubdivision No. 1023 The developer is required to install sewer services to each home in accordance with City standards. The Utilities Division has been trying to work with the Developer to have plans prepared that will conform with City requirements and Sanitation District requirements. However, the developer has not been responding to Public Works requests to complete sewer plans. The Public Works Department is concerned that the homes will be completed and sewer service will not be available. Prior to completion of final inspection and release of utilities for 1401 Bayside Drive, please check with the Public Works Department to verify that the owner has constructed the required public sewer along Bayside Drive as required for service with the approval of Resubdivision No. 1023. If you have any questions, please feel free to call me at extension 3311. Richard L. offstadt Development Engineer cc:�Genia Garcia, Planning Department Mike Sinacori, Utility Engineer letters.mis\res1023.bld 4 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPOKT BEACH, CA 92658-8915 PLANNING DEPARTMENT 644-3200 February 22, 1996 Resubdivision No: 1023 Applicant: Russell E. Fluter Address of Property Involved: 1401 Bayside Drive Legal. Description: Lot No. 6, Tract No. 3232 Resubdivision Requested: Request to permit the resubdivision of an existing multi -family residential parcel into four parcels for single family residential development. The Modifications Committee on February 20, 1996, unanimously approved the application subject to the following conditions: That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That the findings related to public access shall be set forth on the face of the final map. 3. That prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected .in place if installed prior to completion of construction project. 4. That the existing structure be demolished prior to recordation of the parcel map unless otherwise approved by the Public Works Department. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 3300 Newport Boulevard, Newport Beach r February 22,1996 Page 2 7. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 8. That the on -site parking and vehicular circulation be subject to further review by the Traffic Engineer. That vehicular access be designed so that vehicles do not have to back out onto Bayside Drive unless otherwise approved by the City Traffic Engineer. 9. That the intersection of the private drives and Bayside Drive be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 10. That the unused drive approach be removed and replaced with curb, gutter and sidewalk, and that any damaged or displaced sections of sidewalk be reconstructed along the Bayside Drive frontage. That all work be completed under an encroachment permit issued by the Public Works Department. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage of materials within the Bayside Drive right-of-way unless otherwise approved by the Traffic Engineer. 13. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 14. That County Sanitation District fees be paid prior to issuance of any building permits. �E 15. That Coastal Commission approval shall be obtained for the demolition and prior to the recordation of the parcel map. 16. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. r February 22,1996 Page 3 The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 4. That reasonable public access is available within a reasonable distance from the subject property and is not subject to the requirement of the Subdivision Map Act, Section 66478.11. 5. That the proposed lot widths are compatible with the surrounding area. NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal Sled shall be accompanied by a filing fee of $399.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By h?' 111C. I m, Dana 0. Aslami Associate Planner DOA:dk Appeared in Support: Kathleen Schaifer: 1509 Dolphin Terrace RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: t By:Genic Garcia Associate Planner By:Aziz Aslami. Associate -Planner }:fvi�rc Mvers Ass_oc;ate PlaTnn^r Proposed By: Date ' i C1 "1 iv Address: 14-0 1 e�sto(c (Qizyq _ I?istricting Map No: Land Use Element Page No.� Corrections Required: 4 -Legal Description Lot _Block Section Tract Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me. �) / .ram z- / -7 .Lot Size G30S141 OIL zone Mf(2t9'1?) ;1_1✓ = 244:7 —ALNo. of Units Allowed 3 Proposed aVt-• G s G*'! Buildable Area 42 X(r,D } G 300 Maxium Lot Coverage 34-x 12.o = +0'6a Maximum Structural Area 'J-l+D :t (Area including exterior walls, stairway(s) on one level and required parking). 1,216 x buildable area, A 14'1' / /• S 5 x buildable area, verifying proposed, square footage. _Open Space Area �J_ cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in iny direction (6'.x 6'x 6% and open on at least two sides, or one side and one end, unless otherwise specified in Zoning Code. ( 1� )C U V & -- ik-1) Required Setbacks ®r dam Front 2& dhRear L<J _ t Right Side Lclt Side 2{ r Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Remarks: tlfl. Provide floor plan(s), fully dimensioned, showing all room uses. d 2. Provide plot plan, fully dimensioned, showing: &IL_ location of all buildings, and distance to property lines. j distance from face of curb to front property line (verify with Public Works) _Qivts second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) distance between buildings Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. Allowable midpoint/Flat ;4 r Allowable ridge height 33 t Dimension all elevations from natural grade to: -L - 0 Label natural grade and finished grade on all elevations. - 2 1—al May be in Flood Hazard Area. Check with Building Department for minimum finish floor elevations. Remarks ' Ra uired Parking: clear inside minimum dimension 171-6" x 19' two spaces 91 4" x 19' single space 8' x 16third/foutth space(s) ,,_Label clear inside dimensions of provided parking spaces Is demolition proposcd7--14�.. Number of units to be demolished 12- -&(A Fairshare Contributioh Joaquin Ellis Transportation Corridor SPECIAL APPROVAL REOUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings _,_approval letter into t4 btu line d awits hAA Modifications Committee: Indicate Approval No, onPians Modification required Pinnnine Commission/City Council: Use Permit: No._ __,._,.4_,Variance: No — ✓ l2esubdivision/Tract: No/,az3 �� / Site Plan Review: No. — Amendment: No. — Other Public Works: EasemcnUEncroachmcnt Permit Subdivision Engineer ffriTiic Engineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer YM"W Jc�t I�uva,J�Age Parks Department: Approval of Landscape Plans VTConstnl Approval Required: Excmpt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits maybe issued 10 days following issuance of C.E.O.) Approval In Concept (AIC) No. (Note: File 3 sets ofplans: site, floor, and elevations) --*—Waiver # Effective Date Coastal Development Permit No. Effective Date Miscellaneous W _ 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B C.or. ?anufacmrer specifications plus ddilional 12" mn t>Lfor &a /s arrestor. f r+vCG 1K G� �tNwy� 7 4. NOTE ON PLANS: Pools, spas, walls, fences, patio covers and otherfrecslanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. REMARKS: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact meat (714) 644.3200. FORtdSMUNCORDOC Rev,1196 October 14, 1996 TO: BUILDING DEPARTMENT —_,1 FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 1401 Bayside Drive Resubdivision No. 1023 The developer is required to install sewer services to each home in accordance with City standards. The Utilities Division has been trying to work with the Developer to have plans prepared that will conform with City requirements and Sanitation District requirements. However, the developer has not been responding to Public Works requests to complete sewer plans. The Public Works Department is concerned that the homes will be completed and sewer service will not be available. Prior to completion of final inspection and release of utilities for 1401 Bayside Drive, please check with the Public Works Department to verify that the owner has constructed the required public sewer along Bayside Drive as required for service with the approval of Resubdivision No. 1023. If you have any questions, please feel free to call me at extension 3311. 111v Richard L i Development Engineer cc: \Genia Garcia, Planning Department Mike Sinacori, Utility Engineer letters.mis\res1023.bld dEyPpRr CITY OF NEWPORT BEACH Hearing Date: October 5, 1995 0'• PLANNING\BIIILDING DEPARTMENT Agenda Item No.: 2 ! 33 oNEWPORT BOIII.EVARD Staff Person: Genia Garcia NEWPORT BEACK CA 91658 644-3208 (714)W4�FAX (74)64495° Appeal Period: 14days REPORT TO THE PLANNING COMMISSION SUBJECT: Bayside LLC 1401 Bayside Drive SUMMARY: Request to permit the demolition of a 12 unit apartment complex and the approval of a parcel map resubdividing an existing parcel of land into three lots for single-family residential purposes. REQUIRED APPROVALS: If desired, approve, modify or deny: • Coastal Residential Development Permit (CRDP) No. 22 (Public Hearing) • Resubdivision No. 1017 procedures are set forth in Chapter 20.69 and Title 19 of the Municipal Code. OVERVIEW OF KEY ISSUES 1. Appropriateness of the Proposed Demolition and Resubdivision to the Surroundine Neighborhood: Is the proposed demolition and resubdivision consistent with the surrounding uses? 2. Public Access: Does sufficient public access exist in the area of the proposed subdivision? These issues are discussed in this report with expanded discussion in the Analysis Section of Appendix A, attached at the end of this report. ANALYSIS SUMMARY These applications involve a request to permit the demolition of a 12 unit apartment complex and the approval of a parcel map which will resubdivide the existing parcel of land into three lots for future residential purposes. Section 19.12.040 of the Municipal Code provides that a tentative parcel map shall be required for all subdivisions creating four or less lots. In addition, the proposed demolition of the 12 unit apartment complex involves property located within the Coastal Zone; therefore, in accordance with Section 20.69.030(2) of the Municipal Code, the approval of a Coastal Residential Development Permit is required for the demolition or conversion of three or more dwelling units in one structure. I /' -U- P C� ' P-C ; E.1 rT co R.rr (rrwr<) a BALB0A � Mo. ;y seF ^ran C� ND Resubdivision No. 1017 and CRDP No. 221 t The subject property is currently developed with a 12 unit apartment complex and related carports, with access from Bayside Drive. To the northeast across Bayside Drive are residential uses; to the southwest, is the Balboa Island Channel with Balboa Island located accross the channel; to the southeast adjacent to the subject property is a boat storage yard; and to the southwest, adjacent to the subject property is a paddng lot with an office and restrooms for recreational purposes. ResubdivisionNo.1017 and Coastal Residential Development Parnit No. 22 October 5,1995 Paget Coastal Residential Development Permit Since the subject property is located in the Coastal Zone and the existing development that is to be demolished contains twelve dwelling units, the applicant must comply with Section 20.69.030 ofthe Municipal Code which requires Planning Commission approval of a Coastal Residential Development Permit. After a detailed analysis, it was determined that none of the existing tenants of the subject property are of low or moderate income, therefore, the requirement for replacement housing does not apply. Public Access Requirements of the Subdivision Man Act The Public Works Department has indicated that under authority of the Subdivision Map Act, a developer or subdivider may be required to dedicate public access to public waterways in conjunction with the filing of a parcel map, except where public access is provided within a reasonable distance of the subject property. In this case, two public access easements are proposed to be located within approximately 200t feet of the subject property at 1601 Bayside Drive which is the Bahia Corinthian Yacht Club property. These easements are proposed in conjunction with a pending parcel map. It is staffs opinion that the proposed public access easements on the Yacht Club property are provided within a reasonable distance to the subject property and, therefore, the provision for public access should be waived in this case. The existing and proposed development characteristics are listed in the following table: Proiect Develooment Characteristics Table Gross Land Area (sq. ft.) Parcel 1 (58.5t x 153.8t) 9,002t Parcel (55t x 163.8t) 9,006t Parcel (54.4t x 172.5t) 9,387t TOTAL 27,395t In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Resubdivision No. 1017 and Coastal Residential Development Pcradt No. 22 October 5,1995 Page (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired'by the public at large, for access through or use of, property within the proposed subdivision. It is staffs opinion that none of the above findings may reasonably be made in this case. Specific Findings and Recommendations Section 19.12.040 of the Newport Beach Municipal Code provides that the Planning Commission shall make specific finds in order to approve or disapprove a resubdivision. Should the Planning Commission wish to approve Coastal Residential Development Permit No. 22 and Resubdivision No. 1017, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. It is staffs opinion that no findings may be reasonably made in support of the denial of Coastal Residential Development Permit No. 22 and Resubdivision No. 1017; therefore, no exhibit for denial has been provided. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of this application, should the Planning Commission wish to take such an action. PLANNING DEPARTMENT Associate Planner Attachments: Exhibit "A" Appendix "A" Letter from applicant Letter from neighbor Tentative Parcel Map Rembdivision No. 1017 end Coastal Residential Developmrnt Pemut No. 22 October 5, 1995 Page4 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO.22 AND RESUBDIVISIONNO. 1017 A Coastal Residential Development Permit: Finding: That the proposed development meets the requirements of Article 10.7 of the California Government Code and Section 19.10.030 of the Newport Beach Municipal Code. B. ResubdivisionNo.1017: Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 4. That reasonable public access is available within a reasonable distance from the subject property and is not subject to the requirement of the Subdivision Map Act, Section 66478.11. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That the findings related to public access shall be set forth on the face of the final map. Rcsubdivision No. 1017 and Coastal Residential Devclopraent Pemut No. 22 October 5,1995 Pages 3. That prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 4. That the existing structure be demolished prior to recordation of the parcel map unless otherwise approved by the Public Works Department. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 7. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 8. That the on -site parking and vehicular circulation be subject to further review by the Traffic Engineer. That vehicular access be designed so that vehicles do not have to back out onto Bayside Drive unless otherwise approved by the City Traffic Engineer. 9. That the intersection of the private drives and Bayside Drive be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 10. That the unused drive approach be removed and replaced with curb, gutter and sidewalk, and that any damaged or displaced sections of sidewalk be reconstructed along the Bayside Drive frontage. . That all work be completed under an encroachment permit issued by the Public Works Department. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no Rembdivision No. 1017 and Coastal Residential Development permit No. 22 October 5,1995 Page construction storage of materials within the Bayside Drive right-of-way unless otherwise approved by the Traffic Engineer. 13. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 14. That County Sanitation District fees be paid prior to issuance of any building permits. 15. That Coastal Commission approval shall be obtained for the demolition and prior to the recordation of the parcel map. 16. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Rmbdivision No. 1017 and Coastal Residential Devclopment Permit No. 22 October 5,1995 Page 7 APPENDIX "A" LOCATION: 1401 Bayside Drive Lot 6, Tract 3232 ZONE: MFR APPLICANT: Bayside LLC, Newport Beach OWNER: Richard Dick, Newport Beach Points and Authority • Environmental Compliance (California Environmental Quality Act) Determined that it is categorically exempt under Class 15 (Minor Land Divisions). • Conformance with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Multi -Family Residential" uses and require a minimum of 2,178 square feet of land area for each dwelling unit. The proposed use, "Single Family Dwelling" is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. In accordance with the provisions of the California Coastal Act, the subject application requires the approval of the Coastal Commission prior to the recordation of the parcel map. Background The subject property was a part of the original Tract No. 3232 and a 12 unit apartment building was constructed on the site in 1957. The applicant is proposing to resubdivide and demolish the apartment building and construct three single family dwellings on the resulting three parcels of land. Analysis The subject property is slightly irregular with an average width of 167.95t feet, and an average depth of 162.44t feet and has an area of 27,281.798 square feet. In accordance with the density requirements as specified by Districting Map No. 24, one dwelling per 2,178 square feet of buildable lot area is permitted. This would allow 12 dwelling units on the subject property. The resubdivision would provide for the creation of three separate lots. The applicant has indicated in the accompanying written statement that the future use of the property is for single family use but will retain the current zoning designation of "MW' (Multi -Family Residential) so as not to exclude the possibility of duplex development on each lot. As shown on the proposed parcel map, lot 1 is approximately 58.09 feet wide by 153.76 Resubdivision No. 1017 and CoasWl ResidmGal Development Pemut No. 22 octobm5, 1995 Page 8 feet; lot 2 is approximately 54.55 feet wide by 163.805 feet; lot 3 is approximately 54 feet wide by 172.485 feet. A_apronriateness of the Proposed Demolition and Resubdivision to the Surrounding Neighborhood: Is the proposed demolition and resubdivision consistent with the surrounding uses? It is staffs opinion that the proposed resubdivision of the site into separate lots £or single family dwelling uses constitutes an appropriate use for the subject property, in that, directly across from the site is located the Irvine Terrace residential development. The site is also located in close proximity to other residential development located along Bayside Drive. Coastal Residential Development Permit A Coastal Residential Development Permits (CRDP) required in order to conduct any of the following activities within the Coastal Zone for: (1) The demolition or conversion of 11 or more dwelling units in two or more structures; or (2) The demolition or conversion of 3 or more dwelling units in one structure; or (3), The construction of 10 or more new dwelling units. (Ord. 89-36, Dec. 13, 1989). The purpose of the CRDP is to insure compliance with State Law by maximizing low and moderate income housing opportunities. Article 10.7 of the California Government Code does not allow the demolition of existing dwelling units occupied by persons and families of low or moderate income, unless a provision has been made for the replacement of those dwelling units with units for persons and families of low and moderate income. For purposes of this application, a residential dwelling unit shall be deemed occupied by a person or family of low or moderate income if the person or family was evicted from that dwelling unit within one year prior to the filing of an application to demolish the unit and if the eviction was for the purpose of avoiding the requirements of the above noted article 10.7. The applicant has indicated that, at the time the subject application was made to the Planning Department, the existing 12 units were occupied by persons of greater than moderate income and that one eviction occurred within the previous twelve months. As stated in the applicant's application, the tenant in this related eviction is listed as being of greater than moderate income and the eviction was as a result of non-payment of rent moneys. Therefore, the proposed demolition of the 12 unit apartment complex meets the requirements of Section 20.69.030 of the Newport Beach Municipal Code, and the applicant is not required to replace any dwelling units for persons of families of low or moderate income. Park Dedication Requirements In accordance with Section 19.50.020 of the Municipal Code, as a condition of approval of a parcel map, the subdivider is required to pay an in -lieu fee for each new dwelling unit to be created in conjunction with the parcel map. Inasmuch as the subject property is currently Resubdivision No. 1017 and Coastal Residential Devclopmcnt Pemut No. 22 October 5, 1995 Page developed with a 12 unit apartment building, which is to be demolished and removed, and future development of three single family dwellings is proposed, the proposed development will not result in the creation of any new dwelling units. Therefore, a park dedication fee will not be required in this case. Resubdivision No. 1017 and Coastal Residential Development Pemut No. 22 October 5,1995 Page10 SEP-28-95 THU 16:41 RICHARD DICK 6318813 P.e2 .11-1 RICHARD DICK ji-i &ASSOCIATES September 28, 1995 VIA FACSIMILE 644-3250 Ms. Geena Garcia City of Newport Beach Planning Department Page 1 of 2 RE: Parcel map 1401 Bayside Drive Dear Ms. Garcia: Thank you for requesting information regarding the public access areas on 1401 Bayside Drive. Currently the two major public accesses for Bayside Drive are: a) 1,000 feet north...1111 Bayside Drive (the parking lot and area directly south of the Balboa Island) b) 1,500 feet south...1911 Bayside Drive (the public beach next to the Harbor Patrol Headquarters) In addition, if people are involved with marina use, the provkG$# tb—a is ^'C atu ..^'3[L'L'�.. u�lu ... t`,fty vl•L^l:' i A therefore, if a person desires to rent a boat space there is access to those people on the property immediately north. It is our observation that an access walk way might be logical if there was any continuing development in the area. The entire bayfront from 1401 Bayside to the 1911 Bayside location is relatively new development in single family homes and the Bahia Corinthian Yacht Club. The area to the north is developed with the Mai Kai Condominiums that are built on the bulkhead which precludes any connecting sidewalk. I suppose if one was to really speak in terms of public access in the immediate area you would have to include the entire area of Balboa Island, keeping in mind there was public access established along time ago on the island. One additional problem is there would be no access to the bay due to the fact we have a ten foot bulkhead above the water level. 1711 Westcliff Drive, Newport Beach, California 92660 (714) 642-6515, FAX: (714) 631-8813 SEP-28-95 THU 16:41 RICHARD DICK 6318813 P.e3 September 28, 1995 Ms. Geena Garcia Parcel map 1401 Sayside Page 2 of 2 in summary, any type of access would be somewhat meaningless because it would go no where and have no room for expansion and development. i trust this supplemental information will be of assistance in you removing that this condition from the recommendations of staff on the parcel map. Thank you very much for your assistance. Sin in k RND/dd John F. Schaefer September 25, 1995 Michael C. Kranzley Secretary, Planning Commission City of Newport Beach P.O.B.1769 Newport Beach, California 92659-1768 Re: 1401 Bayside Drive Dear Mr. Kranzley: My wife and I received the recent notice on a hearing regarding the referenced property (Request to Resubdivide #1017). We understand the hearing will beat 7:30 on October 5, 1995. We reside at 1509 Dolphin Terrace, Corona Del Mar. We own the property immediately across the street from the referenced property. We overlook the subject property, as we are located on the hill above Bayside Drive. Unfortunately, my wife and I will be on a vacation, which has been scheduled for over a year, and will be unable to make the hearing. The purpose of this letter is to advise you that we have no objection to the resubdivision of the current apartment project and replacing it with three residential units. However, we would understand that these residential units would not exceed two stories in height, would not have any unusual, visible telecommunications antennas, and follow normal restrictions placed upon residential dwellings within the city of Newport Beach. If the proposal to resubdivide includes any extraordinary elements, we would appreciate being notified. Your assistance is greatly appreciated. Sincerely, 'Jbhn F. Schaefer ✓✓// to JFS/nd '1 NG D�E)R'P^AnRVI' AM gSE")27 1995 PM q Ig t911U tll t121112 t314t516 1509 Dolphin Terrace, Corona del Mar, California 92625 (714) 760.1222 7 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL I INDEX CALL ,.i 4otion M Ayes j i i I I i I . Union Oil 1461 and 1465 Superior Avenue 01 • Use Permit No. 3566 JUP 3566 • raffrc Study No. 106 Ts 106 s L ineAtjushnent No. 95-10 LLA 95- • and 7 accepfance of all environmental APPLTCANT: Philip Dedge Motion to continue to next Planning Commission on Octo 19, 1995. MOTION CARRIED. All Ayes. k k k SUBJECT: Bayside LLC 1401 Bayside Drive • CRDPNo. 22 anrd Resubdivision No. 1017 APPLICANT: Same Demolition of a 12 unit apartment complex and the approval of a parcel map resubdividing an existing parcel of land into three lots for single-family residential purposes; a request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low and Moderate Income Housing within the Coastal Zone. Commissioner Ridgeway stepped down from the dais because of a conflict of interest. -2- Continued to 10/19/95 Item 2 CRDP 22 Resub 101 J COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL I I I I INDEX CALL Ms. Temple noted; for the record, that late that afternoon a letter, via I facsimile, from the Yacht Club immediately next door, was received. The i Yacht Club managers expressed concerns regarding the arrangement of the slips in front of the three lots. Since this issue is not a matter subject to the Planning Commission, it will be forwarded to the City Council when Council considers the Harbor Permit. Commissioner Selich asked Staff to clarify Condition No. 8. Mr. i I I Edmonston reported that at this present time, there are no specific changes planned. In general, the number of driveways is limited but, in this case, nothing has been decided. This is a standard condition that allows ,Staff to work with the Applicant. Public Hearing was Opened. Mr. Richard Dick, Manager LLC, 1711 Westcliff Drive, Newport Beach, CA, said he agreed with the findings and conditions for approval as listed in "Exhibit A". Mr. Val Skoro, 1601 Bayadere Terrace, Irvine Terrace, Newport Beach, CA. As Vice President of the Irvine Terrace Homeowners Association, expressed the concerns of the Association regarding the height of the development relative to the foliage and trees. Right now, on the property, there is a cluster of eucalyptus trees standing a height of 40-50 feet. This stand of trees blocks the view and the Association does not want additional large trees planted that would further impair the view. The Association would like the Commission, if they approve this Resubdivision, to limit the height of trees and foliage to the height of the structures to be built. The Association would like to see the Applicant tend to the stand of Eucalyptus trees on the property as a matter of good faith. Commissioner Adams asked Staff to address the issue of vegetation. Ms. Temple reported that the property is located in the MFR Zoning District which carries a 28 foot height limit that would allow for an average roof height of 28 feet and a maximum roof height of 33 feet. In terms of landscaping and vegetation, the City does not have specific regulations to limit vegetation height contained within the Codes today. There are areas -3- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL INDEX CALL a of Newport Beach, however, which have restrictive covenants limiting landscape heights. If it is the desire of the Commission, a Condition of Approval to that effect may be added to the Parcel Map. Staffs concern would be that the City is not typically set up to monitor conditions like that so this condition would be monitored on a complaint basis only. Commissioner Pomeroy asked if this was a Residential Zone, would the height limit be the same? Ms. Temple stated that this is a multi -family residential district but the NfFR District does have a higher height limit than the R-1 and R-2 Districts. The Applicant is requesting a Parcel Map, they have not requested a change to the underlying Zoning. Single family homes can be built in multi -family districts. Commissioner Pomeroy stated this being the case, of building single family homes in a multi -family district, it would be logical that the same 24'feet height limit, 29 feet maximum as it applies to virtually every other residence along Bayside Drive where it is an R-1 Zone should be applied. People above could be impacted in their view. Commissioner Adams asked if the 28 to 33 feet limit would be a differential impact over 30 feet. Staff answered that it probably would but was unable to specify how. Commissioner Adams then asked the Applicant to come forward and address the issue of the vegetation. Mr. Dick stated that the Eucalyptus trees are tall, approximately 25 to 30 feet below the edge of the Bluff that is being talked about. His intention is not to build the houses, the lots would be sold to individuals to build their own homes on. Whatever conditions on landscaping, can be put on at that time. His concern was rather if he could remove the trees from the standpoint of the environment. He does not know how he would regulate a future user of the lot as to what kind of tree is put in, that would be the Commission's task. Mr. Dick stated that he would plan to remove the trees. Public Hearing was Closed. 12 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL INDEX CALL ; ! Motion Ayes No Abstain i Commissioner Pomeroy stated that this is a sensitive issue relating to trees. He agrees with the height of the residential dwellings, no bonus should be given because they happen to be in the multi -family zone because the views are impacted. Therefore, with Staff help, he would like to add a Condition that would set the height limit on these lots to 24 feet, and that the foliage should not go above the ridge height of the building. Commissioner Adams stated that he has seen where severe restrictions like that has stripped beautiful streets of significant landscape. He doubted if other existing landscape would adhere to the ridge height. Commissioner Adams stated that he didn't believe this restriction would mitigate the problem. The problem as expressed is the very tall eucalyptus trees. Commissioner Pomeroy stated that the purpose of the height limit is to assist in view preservation, what is the difference if it is green or red tiles? Commissioner Selich stated that he agrees with Commissioner Adams, that regulations would be overly restrictive. Commissioner Thomson asked if it is appropriate to make a motion. Commissioner Adams stated that they are waiting to hear from Staff on this issue. Assistant City Attorney Clauson stated that currently it is MFR, the height limit is part of the zoning limit on the property. Therefore, we could not restrict the height limit any lower just because they are resubing. It is part of the Parcel Map and could be added later. Motion was made to approve the application as requested with MFR Zoning CRDP No. 22 and Resubdivision No. 1017 in accordance with the findings and conditions contained in Exhibit "A". MOTION CARRIED, 5 Ayes, 1 No, 1 Abstain A Coastal Residential Development Permit: Finding: -5- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL I INDEX CALL That the proposed development meets the requirements of Article 10.7 of the California Government Code and Section 19.10.030 of the Newport Beach Municipal Code. B. Resubdivision No. 1017: Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed Resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. That reasonable public access is available within a reasonable distance from the subject property and is not subject to the requirement of the Subdivision Map Act, Section 66478.11. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That the findings related to public access shall be set forth on the face of the final map. -6- a COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 5, 1995 CALLROLL I I I I I I I INDEX 3. That prior to recordation of the parcel map, the isurveyor/engineer preparing the map shall tie the boundary of i the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments I shall be protected in place if installed prior to completion of construction project. 4. That the existing structure be demolished prior to recordation of the parcel map unless otherwise approved by the Public Works Department. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 7. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 8. That the on -site parking and vehicular circulation be subject to further review by the Traffic Engineer. That vehicular access be designed so that vehicles do not have to back out onto Bayside Drive unless otherwise approved by the City Traffic Engineer. 9. That the intersection of the private drives and Bayside Drive be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping -7- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL CALL I INDEX within the sight line shall not exceed twenty-four inches in height. 10. That the unused drive approach be removed and replaced with curb, gutter and sidewalk, and that any damaged or displaced sections of sidewalk be reconstructed along the Bayside Drive frontage. That all work be completed under an encroachment permit issued by the Public Works Department. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSQ. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage of materials within the Bayside Drive right-of-way unless otherwise approved by the Traffic Engineer. 13. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 14. That County Sanitation District fees be paid prior to issuance of any building permits. 15. That Coastal Commission approval shall be obtained for the demolition and prior to the recordation of the parcel map. i COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 5, 1995 ROLL CALL INDEX 4otion all Ayes 16. That this Resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Bars (findings) IItem • Amendneenr No. 831(Public Hearing) Amend t to Title 20 of the Municipal Code to require that specific findings be lade by the Planning Commission and the City Council on appeal relate the approval of a Use Permit for the service of alcoholic beverages in con ction with bars (bars and taverns). i Staff had no new in ation to add, but was available for Commission queries. Public Hearing was Opened. Motion was made to adopt Resolul of Amendment No. 831. MOTION Commissioner Kranzley complimented benefit the entire City. SUBJECT: Auto Uses No. 1411, recommending adoption FRIED. All Ayes. for this item which will u Amendment No. 833 (Public Amendment to the Newport Place Planned Community DistnX and Table 20.33 of Title 20 of the Municipal Code which will prohibit No storage, automobile repair and automobile detailing in the NewpoN in Approved RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By:Genia Garcia Associate Planner By:Christy Teague Associate Planner v: arc Mvers, Associate Plan_ er By: Date: ' Z(� ' r L Address: 14,01 500 ids Af:ve' Districting Map No. Land Use Element Page No. Corrections Required: l z z5)",jb 9,k/ Legal Description: L Block Section Tract 2Py Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me. ) a_'` a 'Z4 zo Lot 'Size 4Gl3 �h (4!g x /s.�) 2=' Giisz � G 4-S 4" t zone �L No. of Units Allow-d Proposed Maximum evkl Buildable Area ��)28 }3Sz `h Lot Coverage Maximum Structural Area + (Area including exterior walls, stairway(s) on one level and required parking). I•I 5 x buildable area. P o osed Structural a: �� `�3 + 13 x buildable area. Provide t asue over ay of calculations verifying proposed square footage. B,&� open Space Area 57-1 Z 3 cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (61x 61x 61), and open on at least two sides, or one side and, one end, unless otherwise specified in Zoning Code. Z G <(. K <4 - ;O Required Setbacks Front 2-0 ' ( w-�') Rear 101 (5h1 I�fli- Right Side PM/ Left Side ¢� Note: The following may not be permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Other Remarks: a)4- 1. Provide floor plan(s), fully dimensioned, showing all room uses. kith 2. Provide plot plan, fully dimensioned, showing: B-&� location of all buildings, and distance to property lines. �L distance from face of curb to front property line (verify with Public Works) &A- second and third floor footprints (if applicable) all projections (i.e. fireolacQg, bay windows), label distance s) to PL(s) distance between buildings Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'0" to the peak of the ridge height. Allowable midpoint � 01Allowable ridge height 3 3 ? _ Dimension all elevations from natural grade to: Label natural grade and finished grade on allelevations) May be in Flood Hazard Area. check with Building Department for minimum finish floor elevations. Remarks Resuired Parkins: clear inside minimum dimension 9'-4" x 19' single space V17'-6" x 19' two spaces S' x 16, third/fourth space(s) _ -)(- — Label clear inside dimensions of provided parking spaces a In demolition proposed? VM Number of units to be demolished (2- '� Fairshare Contribution San Joaquin Hills Transportation Corridor Fee Park Dedication Fee 1 SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditiona into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Plans Modification required for Planninc Commission/City Council: Use Permit: No.. Variance: No. Resubdivision/Tract: No. Site Plan Review: No. Amendment: No. Other Public Works: Easement/Encroachment Permit Subdivision Enginee Traffic Engineer Approval of Landscap Plans Significant Links Huildinc Department: Grading Engineer Parks Aengrtment: Approval of Landscape Plane Coastal Approval Resuired:. Exempt, Because Categorical Exclusion No. (C.E.O.) Effective Date (Note: Building permits may be issued 10 days following issuance of C.E.O.) Approval in Concept (AIC) No. (Note: File 3 eats of plans: site, floor, and elevations) waiver # Effective Date Coastal Development Permit No. Effective Date Miscellaneous 3. Chimney (and chimney caps etc.) heights permitted only as required by U.H.C. or manufacturer specifications p s additional 12" maximum for cap/spark �f arrestor. //(�(,ltl� Aftto r " 4. NOTE ON PLANS: Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits. S. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, condi- tions and restrictions which may be recorded against the property or to obtain community association approval of plans. NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. FORMWES-ZOM.COR Rev. 2/94 DATE: April 16, 1996 TO: All Departments FROM: Marc Myers, Associate Planner RE: New Address Assignment The lot located at 1401 Bayside Drive has been subdivided into 4 new lots per Resubdivision No. 1023, approved February 20, 1996. The address' I have assigned the four new lots are reflective of the MFR (2178) zoning which would allow up to three dwelling units per lot. Though each lot is currently being developed with only one dwelling unit per lot, the option to build additional units remains. Subsequently, the addressing sequence has been assigned accordingly. The addresses have been spaced to allow for additional units in the future if need be. Please update your records accordingly. Please see the attached map for reference. Parcel No. 1 1401 (1403) (1405) Parcel No. 2 1407 (1409) Parcel No. 3 1415 (1417) (1419) Parcel No. 4 1421 (1423) (1425) 9191 4>6 QGY 909, op ^ N N rN OR 1 � vir w / .'• Y !F ,•, °•r fhb i i ,n '� n �� ^ c Q / 100 Sl / S! 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