HomeMy WebLinkAbout2.0_Seaward Road CRDP_PA2009-008CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 19, 2009 Meeting
Agenda Item 2
SUBJECT: Seaward Road CRDP (PA2009 -008)
494, 496, and 498 Seaward Road
■ Coastal Residential Development Permit No. CR2009 -001
APPLICANT: Marilyn Fox
PLANNER: Fern Nueno, Assistant Planner
(949) 644 -3227, fnueno @city.newport - beach.ca.us
PROJECT SUMMARY
The application is for a coastal residential development permit (CRDP) to allow the
demolition of a triplex in the Coastal Zone. Pursuant to the Mello Act and Chapter 20.86
of the Municipal Code, a CRDP is required for the demolition of three or more dwelling
units in one structure in the Coastal Zone.
RECOMMENDATION
1. Conduct a public hearing; and
2. Adopt the attached Resolution (Exhibit 1) approving Coastal Residential
Development Permit No. CR2009 -001.
4.
Seaward Road CRDP
February 19, 2009
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Multiple-Unit Residential
F_Multtle-Family Residential B
Three -unit residential
NORTH
Two -Unit Residential
Two - Family Residential B
Single- and Two -unit
residential
SOUTH
Multi le -Unit Residential
Mu*le-Family Residential B
Three -unit residential
EAST
Two -Unit Residential
Two -Famil Residential B
Two -unit residential
WEST
Multiple-Unit Residential
F -Multiple-Farmilv Residential B
Three -unit residential
9,
4
Seaward Road CRDP
February 19, 2009
Page 3
INTRODUCTION
Project Setting
The proposed project is located in Corona del Mar in the Multiple - Family Residential /B-
Overlay (MFR -B) Zoning District. The lot is a corner lot that is approximately 6,169
square feet in area.
Project Description
The applicant has applied for a building permit to demolish the existing three -unit
residential structure and construct a two -unit residential structure. Because the project
is within the Coastal Zone and involves the demolition of three or more dwelling units in
one structure, Chapter 20.86 of Municipal Code (Low and Moderate Income Housing
within the Coastal Zone) requires a coastal residential development permit to ensure
compliance with Government Code Section 65590 (Exhibit 2), known as the Mello Act.
Mello Act
The Mello Act prohibits the City from approving the demolition of existing housing units
occupied by low or moderate income households located within the Coastal Zone,
unless provisions are made for their replacement. If feasible, all or any portion of the
replacement units must be located on the site of the demolished structure or elsewhere
in the Coastal Zone. If location on -site or within the Coastal Zone is not feasible, the
units must be located within three miles of the Coastal Zone's inland boundary. The
Mello Act also stipulates that a residential dwelling unit is 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 convert or demolish
the unit and if the eviction was for the purpose of avoiding the requirements of the Mello
Act.
DISCUSSION
Analysis
Coastal Residential Development Permit
Income surveys were mailed to the residents of the existing 3 -unit dwelling on January
29, 2009, to determine if any of the units are occupied by households with low or
moderate income. Based on the results of this survey, City staff determined that no
units in the existing three -unit structure are occupied by low or moderate income
persons or families. Two of the units have been vacant for almost two years, and are
essentially inhabitable because most of the interior fixtures have been removed (e.g.,
toilets, sinks). No tenants have been evicted from either unit within one year of this
application. The income surveys were returned by the post office since the units are
5
Seaward Road CRDP
February 19, 2009
Page 4
vacant, and the mail was unable to be forwarded. The third unit is occupied by a one -
person household with an annual income of more than $70,600, which is more than the
moderate income level defined by California Code of Regulations, Sections 6910 -6932
(see table below). Therefore, no replacement units are required, and the Coastal
Residential Development Permit may be approved for this project.
2008 Annual Income Levels ($)
U �"+ -F �l.'hii
,.i IN
_'4 . leHr. -ati eS- n....0 £ �i�.._�3 •�`5,�...
1 2 3 4
.,__..,. ...�
5
�v.S._:.
6
.2:.h. _+. 3.:r:2h.r.«t�i_.:,
7 8
Very low income
32,550 37,200 41,850 46,500
50,200
53,950
57,650 61,400
Low income
52,100 59,500 66,950 74,400
80,350
86,300
92,250 98,200
Moderate income
70,600 80,700 90,800 100,900
109,000
117,000
125,100 133,200
General Plan, Local Coastal Plan, and Zoning Code
The General Plan Land Use designation for the site is Multiple -Unit Residential (RM).
The Local Coastal Plan designates the site as Medium Density Residential. The project
is located in the Multiple - Family Residential Zoning District with a B- Overlay (MFR -B),
and the development limit is one unit per 1,700 square feet of lot area. The proposed
project is consistent with these designations.
Alternatives
Should the Planning Commission determine that existing units are occupied by persons
or families with a low or moderate income, replacement units must be provided on a one
for one basis.
Environmental Review
This project qualifies for an exemption from environmental review pursuant to Section
15302 (Class 2 Replacement or Reconstruction) of the Implementing Guidelines of the
California Environmental Quality Act (CEQA), which exempts the replacement or
reconstruction of existing structures and facilities where the new structure will be located
on the same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property, and posted at the site a minimum of ten days in advance of this
hearing, consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
(.
Prepared by:
4xwrtr
FjrrINkreno, Assistant Planner
EXHIBITS
1. Draft resolution
2. Government Code Section 65590
Submitted by:
FAUsers%PLMShared1PA's1PAs - 20091PA2009- 00MR2009 -001 rpt
Seaward Road CRDP
February 19, 2009
Page 5
i
1)
9
Exhibit No. 1
Draft Resolution
q
16
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. CR2009 -001 FOR
PROPERTY LOCATED AT 494, 496, AND 498 SEWARD ROAD
(PA2009 -008)
WHEREAS, an application was filed by Marilyn Fox with respect to property located at
494, 496, and 498 Seaward Road, and legally described as Lot 14, Tract 2758 as shown on
Book 459, Page 16, County of Orange, requesting approval of Coastal Residential
Development Permit No. CR2009 -001 to allow demolition of existing dwelling units within the
Coastal Zone pursuant to Chapter 20.86 of the Municipal Code; and
WHEREAS, the subject property is located within the Coastal Zone and is subject to
the requirements of Chapter 20.86 of the Zoning Code which requires a coastal residential
development permit for the demolition of three or more units in one structure in order to
ensure compliance with state law (Government Code Section 65590) by maximizing low and
moderate income housing opportunities within the Coastal Zone; and
WHEREAS, income surveys were mailed to the tenants in the existing building, and
the results of the survey indicate that none of the units are occupied by persons or families
with low or moderate income. Two of the units have been vacant for over a year, and the
third is occupied by persons making more than the moderate income level; and
WHEREAS, the property is not occupied by any persons with low or moderate income,
therefore, no replacement units are required; and
WHEREAS, a public hearing was held on February 19, 2009, 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 this
meeting; and
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15302
of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which
exempts the replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced; and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves Coastal
Residential Development Permit No. CR2009 -001.
Section 2. This action shall become final and effective fourteen days after the adoption of
this Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
Planning Commission Resolution No.
Page 2 of 2
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF FEBRUARY.
AYES:
EXCUSED:
L
Scott Peotter. Chairman
BY:
Barry Eaton, Secretary
i3L,
Exhibit No. 2
Government Code Section 65590
13
vA
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 65590
http: / /www.leg info.ca.gov /cg i-
bin /waisgate ?WAI Sdocl D= 7093863928 +0 +0 +0 &WAISaction = retrieve
65590. (a) In addition to the requirements of Article 10.6 (commencing with Section
65580), the provisions and requirements of this section shall apply within the coastal
zone as defined and delineated in Division 20 (commencing with Section 30000) of the
Public Resources Code. Each respective local government shall comply with the
requirements of this section in that portion of its jurisdiction which is located within the
coastal zone.
(b) The conversion or demolition of existing residential dwelling units occupied by
persons and families of low or moderate income, as defined in Section 50093 of the
Health and Safety Code, shall not be authorized unless provision has been made for the
replacement of those dwelling units with units for persons and families of low or
moderate income. Replacement dwelling units shall be located within the same city or
county as the dwelling units proposed to be converted or demolished. The replacement
dwelling units shall be located on the site of the converted or demolished structure or
elsewhere within the coastal zone if feasible, or, if location on the site or elsewhere
within the coastal zone is not feasible, they shall be located within three miles of the
coastal zone. The replacement dwelling units shall be provided and available for use
within three years from the date upon which work commenced on the conversion or
demolition of the residential dwelling unit. In the event that an existing residential
dwelling unit is occupied by more than one person or family, the provisions of this
subdivision shall apply if at least one such person or family, excluding any dependents
thereof, is of low or moderate income.
For purposes of this subdivision, 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 convert or
demolish the unit and if the eviction was for the purpose of avoiding the requirements of
this subdivision. If a substantial number of persons or families of low or moderate
income were evicted from a single residential development within one year prior to the
filing of an application to convert or demolish that structure, the evictions shall be
presumed to have been for the purpose of avoiding the requirements of this subdivision
and the applicant for the conversion or demolition shall bear the burden of proving that
the evictions were not for the purpose of avoiding the requirements of this subdivision.
The requirements of this subdivision for replacement dwelling units shall not apply to
the following types of conversion or demolition unless the local government determines
that replacement of all or any portion of the converted or demolished dwelling units is
feasible, in which event replacement dwelling units shall be required:
(1) The conversion or demolition of a residential structure which contains less than
three dwelling units, or, in the event that a proposed conversion or demolition involves
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more than one residential structure, the conversion or demolition of 10 or fewer dwelling
units.
(2) The conversion or demolition of a residential structure for purposes of a
nonresidential use which is either "coastal dependent," as defined in Section 30101 of
the Public Resources Code, or "coastal related," as defined in Section 30101.3 of the
Public Resources Code. However, the coastal- dependent or coastal - related use shall
be consistent with the provisions of the land use plan portion of the local government's
local coastal program which has been certified as provided in Section 30512 of the
Public Resources Code. Examples of coastal- dependent or coastal - related uses
include, but are not limited to, visitor - serving commercial or recreational facilities,
coastal- dependent industry, or boating or harbor facilities.
(3) The conversion or demolition of a residential structure located within the
jurisdiction of a local government which has within the area encompassing the coastal
zone, and three miles inland there from, less than 50 acres, in aggregate, of land which
is vacant, privately owned and available for residential use.
(4) The conversion or demolition of a residential structure located within the
jurisdiction of a local government which has established a procedure under which an
applicant for conversion or demolition will pay an in -lieu fee into a program, the various
provisions of which, in aggregate, will result in the replacement of the number of
dwelling units which would otherwise have been required by this subdivision. As
otherwise required by this subdivision, the replacement units shall, (i) be located within
the coastal zone if feasible, or, if location within the coastal zone is not feasible, shall be
located within three miles of the coastal zone, and (ii) shall be provided and available for
use within three years from the date upon which work commenced on the conversion or
demolition.
The requirements of this subdivision for replacement dwelling units shall not apply to
the demolition of any residential structure which has been declared to be a public
nuisance under the provisions of Division 13 (commencing with Section 17000) of the
Health and Safety Code, or any local ordinance enacted pursuant to those provisions.
For purposes of this subdivision, no building, which conforms to the standards which
were applicable at the time the building was constructed and which does not constitute
a substandard building, as provided in Section 17920.3 of the Health and Safety Code,
shall be deemed to be a public nuisance solely because the building does not conform
to one or more of the current provisions of the Uniform Building Code as adopted within
the jurisdiction for new construction.
(c) The conversion or demolition of any residential structure for purposes of a
nonresidential use which is not "coastal dependent ", as defined in Section 30101 of the
Public Resources Code, shall not be authorized unless the local government has first
determined that a residential use is no longer feasible in that location. If a local
government makes this determination and authorizes the conversion or demolition of
the residential structure, it shall require replacement of any dwelling units occupied by
persons and families of low or moderate income pursuant to the applicable provisions of
subdivision (b).
(d) New housing developments constructed within the coastal zone shall, where
feasible, provide housing units for persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code. Where it is not feasible to
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provide these housing units in a proposed new housing development, the local
government shall require the developer to provide such housing, if feasible to do so, at
another location within the same city or county, either within the coastal zone or within
three miles thereof. In order to assist in providing new housing units, each local
government shall offer density bonuses or other incentives, including, but not limited to,
modification of zoning and subdivision requirements, accelerated processing of required
applications, and the waiver of appropriate fees.
(e) Any determination of the "feasibility" of an action required to be taken by this
section shall be reviewable pursuant to the provisions of Section 1094.5 of the Code of
Civil Procedure.
(f) The housing provisions of any local coastal program prepared and certified
pursuant to Division 20 (commencing with Section 30000) of the Public Resources
Code prior to January 1, 1982, shall be deemed to satisfy all of the requirements of this
section. Any change or alteration in those housing provisions made on or after January
1, 1982, shall be subject to all of the requirements of this section.
(g) As used in this section:
(1) "Conversion" means a change of a residential dwelling, including a mobilehome,
as defined in Section 18008 of the Health and Safety Code, or a mobilehome lot in a
mobilehome park, as defined in Section 18214 of the Health and Safety Code, or a
residential hotel as defined in paragraph (1) of subdivision (b) of Section 50519 of the
Health and Safety Code, to a condominium, cooperative, or similar form of ownership;
or a change of a residential dwelling, including a mobilehome, or a mobilehome lot in a
mobilehome park, or a residential hotel to a nonresidential use.
(2) "Demolition" means the demolition of a residential dwelling, including a
mobilehome, as defined in Section 18008 of the Health and Safety Code, or a
mobilehome lot in a mobilehome park, as defined in Section 18214 of the Health and
Safety Code, or a residential hotel, as defined in paragraph (1) of subdivision (b) of
Section 50519 of the Health and Safety Code, which has not been declared to be a
public nuisance under Division 13 (commencing with Section 17000) of the Health and
Safety Code or any local ordinance enacted pursuant to those provisions.
(3) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social, and
technical factors.
(h) With respect to the requirements of Sections 65583 and 65584, compliance with
the requirements of this section is not intended and shall not be construed as any of the
following:
(1) A statutory interpretation or determination of the local government actions which
may be necessary to comply with the requirements of those sections; except that
compliance with this section shall be deemed to satisfy the requirements of paragraph
(2) of subdivision (c) of Section 65583 for that portion of a local government's
jurisdiction which is located within the coastal zone.
(2) A limitation on the program components which may be included in a housing
element, or a requirement that a housing element be amended in order to incorporate
within it any specific provision of this section or related policies. Any revision of a
housing element pursuant to Section 65588 shall, however, take into account any low-
11
or moderate - income housing which has been provided or required pursuant to this
section.
(3) Except as otherwise specifically required by this section, a requirement that a local
government adopt individual ordinances or programs in order to implement the
requirements of this section.
(i) No provision of this section shall be construed as increasing or decreasing the
authority of a local government to enact ordinances or to take any other action to ensure
the continued affordability of housing.
(j) Local governments may impose fees upon persons subject to the provisions of this
section to offset administrative costs incurred in order to comply with the requirements
of this section.
(k) This section establishes minimum requirements for housing within the coastal zone
for persons and families of low or moderate income. It is not intended and shall not be
construed as a limitation or constraint on the authority or ability of a local government,
as may otherwise be provided by law, to require or provide low- or moderate - income
housing within the coastal zone which is in addition to the requirements of this section.
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