HomeMy WebLinkAbout20201223_365_FindingsFindings
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Required Findings for CDP
Pursuant to IP Section 21.52.15 (F) (Findings and Decision), the City may approve or conditionally
approve a coastal development permit application only after first making the following findings
related to the proposed development:
Finding:
A.Conforms to all applicable sections of the certified Local Coastal Program (e.g. development
standards, no impacts to public views, natural resources, etc.).
Facts in Support of Finding:
1.As analyzed herein, the proposed demolition of an existing residence will conform to the
City’s LCP policies. The location of the project site within an established residential
neighborhood that is not located near public views, natural resources or cultural resources,
and is not located in proximity to environmentally sensitive areas.
2. The project site is located in an area known for potential seismic activity and liquefaction.
All projects are required to comply with the California Building Code and Building
Division standards and policies in addition to all applicable safety regulations related to
potential seismic events.
3.No natural or cultural resources are located on the site, which has been developed for many
years. The demolition will remove the residence, landscaping, and hardscape
improvements. BMPs will be required that ensure the demolition will not result in water
quality impacts due to construction debris or run-off entering the waters of Newport Bay
or onto adjacent properties. The planned construction of two new single-family residences
in the future will require separate Coastal Development Permits. The attached Topographic
Survey identifies BMPs related to demolition, which are also listed in the Project
Description above.
4.The proposed structure conforms to all applicable development standards including but not
limited to, floor area, setbacks, height, and parking:
a.The maximum floor area limitation is 4,240 square feet and the proposed gross floor
area is 3,3,083 square feet. The maximum floor area for the JADU is 500 square
feet, and the proposed JADU is 494 square feet.
b.The proposed development (including JADU) will provide the required setbacks,
which are 5’1” along the front property line, 3’1” along the side property lines, and
1’1” along the rear property line abutting the public walkway.
c.The highest flat roof is no more than 24 feet, measured from the finished floor level
of 24 feet North American Vertical Datum of 1988 (NAVD88) and the highest roof
ridge is no more than 29 feet, measured from the finished floor level, which
complies with the maximum height limitation.
d. The project includes enclosed garage parking for two (2) vehicles, which complies
with the minimum two (2)-space parking requirement for single-family residences
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with less than 4,000 square feet of livable floor area. No additional parking is
required for the JADU.
3. The project is conditioned to require the recordation of a deed restriction that will prohibit the
use of the JADU for short term rentals (i.e. less than 30 days) and will also prohibit the sale of the
JADU separate from the principal dwelling.
4. The proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and applicable development standards, as the neighborhood
is predominantly developed with two (2)- story, single-family residences along Via Lido Soud.
5. The property is a bay front lot that is separated from the ocean by a public sidewalk and beach.
A Coastal Hazards and Sea Level Rise report, dated September 16, 2019, and a supplemental Sea
Level Rise report dated December 17, 2020, were prepared for the project by GeoSoils, Inc. to
evaluate coastal hazard implications of the subdivision, and new construction, respectively.
(NP2019-004).
6. The current maximum bay water elevation is 7.7 (NAVD88). The report analyzes future sea
level rise using the High Emissions, Medium-High Risk Aversion scenarios assuming a 6.7 foot
increase in water level for the year 2100 which are in excess of the City’s minimum standards. The
proposed finished floor elevation of the structure is 12.8 NAVD88 and proposed adaptation
measures will protect the structure from flooding up to 14.4 NAVD88.
7. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv), the
property owner will be required to enter into an agreement with the City waiving any potential
right to protection to address situations in the future in which the development is threatened with
damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). Therefore, the
proposed The property owner will be required to acknowledge any hazards present at the site and
unconditionally waive any claim to damage or liability against the decision authority, consistent
with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval
that will need to be satisfied prior to the issuance of building permits for construction.
8. Pursuant to the Local Coastal Program (LCP) Policy 21.30.025, proposed subdivisions shall be
designed to avoid current hazardous areas as well as areas that may become hazardous as a result
of sea level rise. The policy also states that no division of land near the bay shall be permitted
unless the reconfigured parcels can be developed safe from hazards for a minimum of 75 years
and shoreline protective devices are prohibited to protect development on the resultant parcels.
LCP Policies 2.8.1-2 and 2.8.1-3 also suggest that new development should be sited to avoid
hazardous areas and minimize risks to life and property from hazards. The proposed structure
would be built with a finished floor elevation of 12.8 feet and plans include waterproofing
strategies for up to 14.4 feet. Therefore, the proposed project would construct new residences and
junior accessory units that would comply with both FEMA and City minimum finished floor
requirements of at least 9.0 feet (NAVD88).
9. The proposed subdivision into two (2) lots represents a return to a similar configuration as the
original tract map. The original site was subdivided by Tract Map 907 in 1928 that established lots
of approximately the same size for this site. The site was later resubdivided by Ordinance 1781
into the current configuration. Therefore, the proposed subdivision is not a standard subdivision
that creates new parcels, but rather a map that reestablishes the original pattern of development of
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Lido Island allowable by Planning and Zoning Chapter 20.18.030 Table 2-3, Note 2 for
subdividing lots to a size no smaller than the average of the original tract map.
10. LUP Policy 2.8.6-7 discourages shoreline protective devices on public land that protect
private property and development. A City bulkhead exists on a portion of the island and is
necessary to protect public access around Balboa Island as well as the low-lying streets. At the
subject site, a City owned beach and sidewalk separate the project from the bay. The proposed
finished floor of the structure is designed at 12.8 feet NAV88 which is above the elevation of the
streets and infrastructure of Lido Island. If the City were to abandon the streets and public
access areas in the future for Lido Island (due to sea level rise), then that decision would be part
of a much larger adaptation plan involving thousands of stakeholders and oversight by the
California Coastal Commission.
11. The finished floor elevation of the proposed structure is 12.8 feet (NAVD88) with plans for
sea level adaptation measures up to 14.4 feet, which exceeds with the City’s minimum 9.0-foot
(NAVD88) elevation standard for new structures and would protect the structure for a minimum
of 75 years under the high aversion sea level rise scenario.
12. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved prior to the issuance of building permits.
Permit issuance is also contingent on the inclusion of design mitigation identified in the
investigations. Construction plans are reviewed for compliance with approved investigations and
the CBC prior to building permit issuance.
13. A post-construction drainage system will be installed that includes drainage and
percolation features designed to retain dry weather and minor rain runoff on-site to ensure the
project does not impact water quality. Any water not retained on-site is directed to the City’s
storm drain system.
15. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property.
16. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant and
prohibits invasive species. Prior to issuance of the building permits, the final landscape
plans will be reviewed to verify invasive species are not planted.
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Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is located between the nearest public road and the sea or shoreline of any body
of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to use and/or view
the coast and nearby recreational facilities due to its location and orientation. The
proposed residential development neither provides nor inhibits public coastal access.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In
this case, the project includes the construction of a new two (2)-story, single-family
residence and JADU. The existing and proposed use of the site is residential, and the
number of dwelling units on the property would not be increased as part of the project.
Therefore, the project does not involve a change in land use, density, or intensity that will
result in increased demand on public access and recreation opportunities.
2. The project is designed and sited so as not to block or impede existing public access
opportunities. All proposed encroachments into the public right of way would be required
to comply with City Council Policy L-6 which limits the height and extent of
encroachments and plantings to limit impacts to views and access. Coastal access is
currently provided and will continue to be provided by street ends throughout the
neighborhood with access to the public boardwalk along the waterfront.
3. As analyzed herein, as shown on the Coastal Access and Recreation exhibit (Map 3-1) in
the LUP, public beach access is available from Via Lido Soud approximately 90 feet
north of the project site and also approximately 60 feet south of the project site. The
demolition of the residence will not alter or remove any existing public access, as
adequate access has been provided at locations referenced and identified on Map 3-1;
therefore, no additional access is required.
4. The previously approved tentative parcel map (NP2019-008) allowed the two (2) lots to
be returned to their original two (2) - lot configuration and size. The return to the original
configuration creates a 6-foot distance between the two (2) principal structures due to the
3-foot side yard setbacks that would be implemented as part of the project. Therefore, the
coastal development permit required to implement the approval parcel map would
comply with Chapter 3 of the Coastal Act.
5. The property is not located near coastal view roads. The project would update the
existing aesthetics of the lot by providing a new updated building that complies with the
City’s Design Guidelines. Therefore, the project would not degrade the quality of the
coastal zone and associated public views.
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Pursuant to Chapter 20.34 of the Zoning Code – Conversion or Demolition of Affordable Housing,
whenever three or more dwelling units located in one structure are to be converted or demolished
(Section 20.34.020.B), the Director shall make a determination as to the applicability of this
chapter to the proposed conversion or demolition by making the following findings:
Finding:
A. How many dwelling units were occupied by low- and moderate-income persons or families?
Facts in Support of Finding:
There are no records of any of the units being occupied by low- and moderate-income persons
or families. The owner of the property passed away in February 2017. Based on written
communication with a Trustee of the Estate, each tenant was promptly advised that as part of
the process of winding up the affairs of the estate, the property would be vacated and sold.
After providing the tenants adequate time to move out, the property was listed for sale 1 year
and 3 months later. The units were vacant prior to the property being listed for sale in May
2018. In response to a request for prior rental agreements or rental applications, the Trustee
indicated that after an exhaustive search, it was determined that no such documents exist. There
is no evidence that the units were occupied by low- or moderate-income persons or families.
Finding:
B. Whether the conversion or demolition proposes to come from residential to nonresidential and
if so, whether the proposed new use is coastal dependent.
Facts in Support of Finding
1. The demolition of the existing residential structure will be replaced with residential.
Finding:
C. Whether a feasibility analysis is required to be prepared.
Facts in Support of Finding:
1. No analysis is required, because there is no evidence that the units are and/or were occupied
by low- and moderate-income families or persons.
Finding:
D. The feasible number of affordable units required to be replaced, if any.
Facts in Support of Finding:
1. No replacement units are required because there is no evidence that the units are and/or
were occupied by low- and moderate-income families or persons.
Finding:
E. Whether the required replacement affordable units are to be located on-site or off-site.
1. No replacement units are required, because there is no evidence that the units are and/or
were occupied by low- and moderate-income families or persons.
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Required Findings for CDP – Tentative Parcel Map
The Zoning Administrator must determine that the Tentative Parcel Map is consistent with the
legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code and approves the Coastal Development Permit based on the following findings
per Section 21.52.015.F of Title 21:
Finding:
A. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct
parcels and meets all of the requirements of the Local Coastal Program, including
21.30.025 Coastal Subdivisions.
2. The property is located in an area known for potential seismic activity and liquefaction. All
projects are required to comply with the California Building Code and Building Division
standards and policies.
3. The Tentative Parcel Map is for a property within a developed neighborhood that is located
approximately 15 feet from the water and environmentally sensitive habitat areas.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act
if the project is between the nearest public road and the sea or shoreline of any body of water
located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline. The lot
does not currently provide or inhibit public coastal access. Newport Beach Municipal Code
Section 21.30A.040 requires that the provision of public access bear a reasonable
relationship between the requirement and the project’s impact and be proportional to the
impact. In this case the project is a tentative parcel map. Thus, the project does not involve
a change in land use, density or intensity that will result in increased demand on public
access and recreation.
The Zoning Administrator must determine that the Tentative Parcel Map is consistent with the
legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code and
approves the Tentative Parcel Map based on the following findings per Section 19.12.070 of
Title 19:
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Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent with
the General Plan and any applicable specific plan, and with applicable provisions of the
Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct
parcels. The existing residence is a 2-story 4-unit structure with an attached 6-car garage
that will be demolished. The proposed subdivision is consistent with the density of the RM
Zoning District and the current General Plan Land Use Designation (Multiple-Unit
Residential).
2. The new subdivision would not result in additional dwelling units beyond what the
underlying lots would allow.
3. The subject property is not located within a specific plan area.
Finding:
B. That the site is physically suitable for the type and density of development
Facts in Support of Finding:
1. The lot is physically suitable for two separate parcels.
2. The subject property is accessible from Via Lido Soud and is adequately served by existing
utilities.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was prepared for
the project and a finding was made pursuant to Section 21081 of the California Environmental
Act that specific economic, social, or other considerations make infeasible the mitigations
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
1. A four-unit structure will be demolished and the existing parcel will be subdivided into two
separate parcels.
2. The property is located in an urbanized area that does not contain any sensitive vegetation
or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the
California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land
Alterations).
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Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of subdividing an existing lot into two distinct
parcels. All improvements associated with the project will comply with all Building, Public
Works, and Fire Codes that are place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 (General
Improvement Requirements) of the Municipal Code and Section 66411 (Local Agencies to
Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances
of the City and all Conditions of Approval will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision. In this connection, the decision-making body may approve a map if it finds that
alternate easements, for access or for use, will be provided and that these easements will be
substantially equivalent to ones previously acquired by the public. This finding shall apply
only to easements of record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to the City Council to determine that the public
at large has acquired easements for access through or use of property within a subdivision.
Facts in Support of Finding:
1. There is an existing 4-foot utility easement in favor of the City of Newport Beach located
directly behind the right of way of Via Lido Soud. The proposed subdivision would not
conflict with this easement or access to the existing easement.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the
land is subject to a contract entered into pursuant to the California Land Conservation Act of
1965 (Williamson Act), the resulting parcels following the subdivision of the land would not
be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act, because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site is developed for residential use and is located in a Zoning District that permits
residential uses.
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Finding:
G. That solar access and passive heating and cooling design requirements have been satisfied in
accordance with Sections 66473.1 and 66475.3 of Subdivision Map Act.
Facts in Support of Finding:
1. California Business and Professions Code Section 1100.5 has been repealed by the
Legislature. However, the project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code, because the
project site does not contain 50 or more parcels of land.
2. The project is not located within a Specific Plan area.
Finding:
H. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section
65584 of the California Government Code regarding the City’s share of the regional housing
need and that it balances the housing needs of the region against the public service needs of
the City’s residents and available fiscal and environmental resources.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 and Section
65584 of the California Government Code, which requires new construction to meet
minimum heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Division enforces the Title 24 compliance through the plan check
and inspection process.
Finding:
I. That the discharge of waste from the proposed subdivision into the existing sewer system will
not result in a violation of existing requirements prescribed by the Regional Water Quality
Control Board.
Facts in Support of Finding:
1. The proposed subdivision would divide a parcel into two individual parcels and would not
create waste that would result in a violation of the existing requirements prescribed by the
Regional Water Quality Control Board.
Finding:
J. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is within the Coastal Zone. The facts in support of findings A and B
above are hereby incorporated by reference.
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Relief from the Implementation Plan Development Standards – CDP
In accordance with Newport Beach Municipal Code (NBMC) Section 21.52.090(D) Findings
and Decision, the review authority may approve or conditionally approve a modification or waiver
to a development permit standard of this Implementation Plan only after making all the following
findings:
Finding:
1. The granting of the modification is necessary due to practical difficulties associated with the
property and that the strict application of the Implementation Plan results in physical
hardships; or
The requested modification is specifically permitted pursuant to the provisions set forth in Title
20 (Planning and Zoning) Chapter 20.18.030 Table 2-3, Note 2, which provides that a parcel
may be subdivided to a minimum lot size not less than the original underlying lots on the same
block face in the same zoning district. The requested 35-foot lot widths are consistent with the
30-foot to 40-foot lot widths contained on the original block face in the same zoning district,
and with the provision of Chapter 19.24.130.A.
The Zoning and Implementation Plan documents are meant to function jointly as governing
documents. However, when Title 21 (Implementation Plan) was adopted, Chapter 21.18, Table
21.18-4 did not carry over Note 2 from Title 20 (Planning and Zoning) Chapter 20.18.030
Table 2-3. The requested subdivision and deviation from the design standards to allow for a
35-foot lot width are consistent with the LCP. In the absence of Note 2 from Chapter 21.18,
Table 21.18-4, relief from the Implementation Plan Development Standards is necessary due
to practical difficulties, and strict application of the Implementation Plan would result in
physical hardship.
2. The granting of a variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the vicinity
and in the same coastal zoning district: and
A variance is not required as part of the proposed project. Nevertheless, the requested 35-foot
lot widths are consistent with the 30-foot to 40-foot lot widths contained on the original block
face within the same zoning district and with the provision of Chapter 19.24.130.A. In addition,
the 35-foot lot widths are consistent with the prevailing development in the immediate
surrounding area. The lots on either side of the site are 30-foot wide lots. Denial of the parcel
map would deny the property owners privileges enjoyed by many surrounding properties,
including by the properties on either side of the subject site.
3. The modification or variance complies with the findings required to approve a coastal
development permit;
The requested subdivision complies with the findings required to approve a Coastal
Development Permit. The requested relief from the Implementation Plan Standards, to allow
for the deviation permitted in the Zoning Code and the Subdivision Code, also complies with
the findings required to approve a coastal development permit, as it is consistent with the
certified Local Coastal Program to the maximum extent feasible; and there are no alternatives
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that would provide greater consistency with the Local Coastal Program and/or that are more
protective of Coastal Resources.
4. The modification or variance will not result in development that blocks or significantly impedes
public access to and along the sea or shoreline and to coastal parks, trails or coastal bluffs;
The requested relief from the Implementation Plan Development Standards is necessary due
to the absence of Note 2 from Chapter 21.18, Table 21.18-4, which provides that a parcel may
be subdivided to a minimum lot size not less than the original underlying lots on the same
block face in the same zoning district. The requested 35-foot lot widths are consistent with the
30-foot to 40-foot lot widths contained on the original block face and with provision of Chapter
19.24.130.A.
The proposed subdivision would not block or impede public access, because the subject
property is a private residential property and there is no public access across the property.
5. The modification or variance will not result in development that blocks or significantly impairs
public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas;
The requested relief from the Implementation Plan Development Standards is necessary due
to the absence of Note 2 from Chapter 21.18, Table 21.18-4, which provides that a parcel may
be subdivided to a minimum lot size not less than the original underlying lots on the same
block face in the same zoning district. The requested 35-foot lot widths are consistent with the
30-foot to 40-foot lot widths contained on the original block face and with provision of Chapter
19.24.130.A.
The proposed subdivision would not result in development that would block or significantly
impair views to and along the sea or shoreline or to the coastal bluffs and other scenic areas,
because the subject property is an existing Multi-Unit Residential use.
6. The modification or variance will not result in development that has an adverse effect either
individually or cumulatively, on coastal resources, including wetlands, sensitive habitat,
vegetation, or wildlife species;
The requested relief from the Implementation Plan Development Standards will not result in
development that has an adverse effect either individually or cumulatively on coastal resources,
including wetlands, sensitive habitat, vegetation, or wildlife species, because the subject
property is developed with an existing Multi-Unit Residential use.
7. The granting of the modification or the variance will not be contrary to, or conflict with, the
purpose of this Implementation Plan, nor to the applicable policies of the certified Local
Coastal program.
The requested relief from the Implementation Plan Development Standards is necessary due
to the absence of Note 2 from Chapter 21.18, Table 21.18-4, which provides that a parcel may
be subdivided to a minimum lot size not less than the original underlying lots on the same
block face in the same zoning district. The requested 35-foot lot widths are consistent with the
30-foot to 40-foot lot widths contained on the original block face and with provision of Chapter
19.24.130.A. In addition, the 35-foot lot widths are consistent with the existing surrounding
development. The existing lots on either side of the subject site are 30-feet wide.
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Granting relief from the Implementation Plan Development Standards will not be contrary to,
or conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program, because the proposed subdivision is consistent with the
certified LCP.
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Required Considerations – Coastal Development Permit
When reviewing a coastal development permit application for development modification or
variance, the review authority shall consider the following per Section 21.52.090.C
Considerations.:
1. Whether or not the development is consistent with the certified Local Coastal Program to the
maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater consistency with the
certified Local Coastal Program and/or that are more protective of Coastal Resources.
The development is consistent with the certified Local Coastal Program to the maximum extent
feasible; and there are no alternatives that would provide greater consistency with the Local
Coastal Program and/or that are more protective of Coastal Resources. The requested subdivision
is consistent with the Local Coastal Program and would not impact Coastal Resources.
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Required Findings to Allow Deviation – Subdivision Code
A deviation from any of the design standards set forth by Chapter 19.24 may be approved by the
tentative map decision making body if it makes all of the following findings:
1. The requested deviation(s) will create a land plan or development design equal or superior to
that under the baseline design standards in this chapter;
The requested deviation will create a development design equal to the baseline standards of
Chapter 19.24 and are specifically permitted pursuant to the provisions set forth in Title 20
(Planning and Zoning) Chapter 20.18.030 Table 2-3, Note 2, which provides that a parcel may
be subdivided to a minimum lot size not less than the original underlying lots on the same
block face in the same zoning district. The requested 35-foot lot widths are consistent with the
30-foot to 40-foot lot widths contained on the original block face within the same zoning
district and with the provisions of Chapter 19.24.130.A. The resulting subdivision will divide
the existing RM parcel into two RM parcels that will be compatible with the pattern of the
surrounding subdivision, which consists of lot widths ranging from 30 feet to 40 feet, with the
lots located immediately on either side of the subject property being 30 feet.
2. The deviation(s) will not negatively impact the carrying capacity of the local vehicular
circulation network;
The requested lot width deviation would have no impact on the local vehicular circulation
network, because no improvements or changes would be made and no additional capacity
would be introduced into the roadways.
3. The deviation(s) will not negatively impact pedestrian circulation;
The requested lot width deviation would have no impact on the local pedestrian circulation
network, because no improvements or changes would be made and no additional capacity
would be introduced into the pedestrian walkways.
4. The resulting subdivision will be compatible with the pattern of surrounding subdivisions;
The requested subdivision is located within the RM (Multiple-Unit Residential) General Plan
Land Use Designation and Zoning Code district, and is also surrounded by R-1 (Single Family)
residential. The resulting subdivision will divide the existing RM parcel into two RM parcels
that will be compatible with the pattern of the surrounding subdivision, which consists of lot
widths ranging from 30 feet to 40 feet, with the lots located immediately on either side of the
subject property being 30 feet.
5. The resulting subdivision design and improvements will be consistent with the General Plan
and any applicable specific plan, and will conform to the Subdivision Map Act and all other
provisions of this Subdivision Code; and
The proposed map and the design or improvements of the subdivision are consistent with the
General Plan, Title 19-Subdivisions of the Municipal Code, and with the applicable provisions
of the Subdivision Map Act that provide for allowances under Chapter 19.24.130 Deviations
from Design Standards, provided that the applicant is able to establish adequate justification
and meet the required findings. The requested deviation is specifically permitted as set forth in
Title 20 (Planning and Zoning) Chapter 20.18.030 Table 2-3, Note 2, which provides that a
parcel may be subdivided to a minimum lot size not less than the original underlying lots on
the same block face in the same zoning district. The requested 35-foot lot widths are consistent
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Bethel - 365 Via Lido Soud
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with the 30-foot to 40-foot lot widths contained on the original block face and with provision
of Chapter 19.24.130.A. The proposed subdivision is consistent with the density of the RM
Zoning District and the RM General Plan Land Use Designation (Multiple-Unit Residential)
that allows for a housing density of 36 units/acre. The subject site is not located within a
Specific Plan area.
6. The resulting subdivision design and improvements will not be materially detrimental to the
residents or tenants of the proposed subdivision or surrounding properties, nor to public health
or safety.
The resulting subdivision will maintain the existing RM (Multi-Unit Residential) use and will
not result in any environmental risks. The requested deviation from design standards to allow
for the modified standards per Title 20 (Zoning and Planning) would not create any noise,
traffic, or other environmental effects that could be detrimental to the residents of the proposed
subdivision or surrounding properties, nor to public health or safety. The proposed subdivision
is consistent with the existing surrounding development, which has lot widths ranging from 30
feet to 40 feet with the lots located immediately on either side of the subject property being 30
feet.
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