HomeMy WebLinkAbout20190718_Action LetterCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
July 19, 2019
CAA Planning, Inc.
Shawna L. Schaffner
30900 Rancho Viejo Road #285
San Juan Capistrano, CA 92675
sschaffner@caaplanning
Subject: Staff Approval SA2019-004
(PA2019-085)
361, 363 and 365 Via Lido Sound
Bethel and Ridge Mello Act Determination
Dear Ms. Schaffner,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Community Development
Director on July 18, 2019 and effective on August 2, 2019. A copy of the approved
action letter with findings and conditions is attached. If you have any questions,
please do not hesitate to contact me directly. Thank you and I look forward to working
with you again in the future.
Sincerely,
David Lee, Assistant Planner
JM/dl
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
APPLICATION: Bethel and Ridge Mello Act Determination Staff Approval
No. SA2019-004 (PA2019-085)
APPLICANT: Shawna L. Schaffner, CAA Planning, Inc.
LOCATION: 365 Via Lido Soud, Units 1, 2, 3, and 4
LEGAL DESCRIPTION Lot 923 and the southeasterly 10 feet of Lot 922 and
northwesterly half of lot 924 of Tract 907
On July 18, 2019, the Community Development Director determined that the future
demolition of one multi-family structure containing four units is in compliance with Zoning
Code Chapter 20.34 and Local Coastal Program Implementation Plan Chapter 21.34
(Conversion or Demolition of Affordable Housing).
LAND USE AND ZONING
• General Plan: RM (Multiple-Unit Residential)
• Zoning District: RM (Multi-Unit Residential)
• Coastal Land Use Category: RM-E (Multiple Unit Residential - 30-39.9 DU/AC)
• Coastal Zoning District: RM (Multi-Unit Residential)
SUMMARY
The property owner proposes to demolish one existing residential structure comprising of
four units to accommodate the future redevelopment of the property. The demolition and
construction requires the approval of a coastal development permit application. Zoning
Code Chapter 20.34, Local Coastal Program Implementation Plan Chapter 21.34, and
the Mello Act (Government Code Section 65590) require the replacement of units
occupied by low and moderate income households on a one for one basis. In this case,
the units are vacant and there is no evidence that the units were occupied for low or
moderate income households and no replacement housing is required.
ANALYSIS
Pursuant to Zoning Code Section 20.34.020 (Review Authority), the Director shall make a
determination as to the applicability of this chapter when a residential structure of three or
more units is to be converted or demolished. If it is determined that any of the units are
occupied by low- or moderate-income tenants, provisions for their replacement shall be
Bethel and Ridge Mello Act Determination (PA2019-085)
July 18, 2019
Page 2
provided, if feasible. If applicable and based on the documentation provided in compliance
with Section 20.34.060 (Determining Requirements for Replacement Units), the Director
shall make determinations as to:
1. How many units were occupied by low- and moderate-income persons or families;
2. Whether the conversion or demolition proposes to go from residential to
nonresidential and if so, whether the proposed new use is coastal dependent;
3. Whether a feasibility analysis is required to be prepared;
4. The feasible number of affordable units required to be replaced, if any; and
5. Whether the required replacement affordable units are to be located on-site or off-
site.
In this particular case, the property owner has provided documentation that the units are not
and were not occupied by low- and moderate-income persons or families. When the owner
purchased the property in December 2018, all units were vacant and the prior tenants were
not classified as low- or moderate-income households and they were not evicted for the
purpose of evading the application of the Mello Act. The units remain unoccupied at this
time. The owner has provided a notarized acknowledgement stating that they understand
the requirements of the Mello Act and that the foregoing statements provided are true and
correct (CD 2). Therefore, the future demolition of the four-unit residential building for the
purpose of redeveloping the property for residential use consistent with the General Plan,
Zoning Code, and Local Coastal Program does not require replacement affordable units nor
a feasibility analysis consistent with applicable requirements.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or the City Clerk, as applicable, within fourteen days following the date the
action or decision was rendered. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Assistant Planner
Approved by:
Attachments: CD 1 Vicinity Map
CD 2 Mello Act Compliance Acknowledgement
CD 3 County of Orange Income Limits
Attachment No. CD 1
Vicinity Map
VICINITY MAP
Staff Approval No. SA2019-004
PA2019-085
365 Via Lido Soud, Units 1, 2, 3, and 4
Subject Property
Attachment No. CD 2
Mello Act Compliance Acknowledgement
Attachment No. CD 3
County of Orange Income Limits
County of Orange Income Limits FY 2019