HomeMy WebLinkAboutCDP_019�90
CITY OF NEWPORT BEACH •
COASTAL RESIDENTIAL DEVELOPMENT PERMIT, DEMOLITION/CONVERSION OR
DEMOLITION AND CONSTRUCTION OF 10 OR MORE NEW RESIDENTIAL UNITS
PLANNING DEPARTMENT
CURRENT PLANNING DIVISION
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644-3200
- PeBL� (Please Print) .
Applicant Mayne and Marianne Zippi
t?
Application No.
Application Rec'd by
Fee Ito S to k. �ft-r-
Phone 714/595-3645
Mailina Address 1600 S. Hal lgreen Drive, walnut, CA 91789-3426
Property Owner Same as above Phone
Mailing Address Same as above
Address of Property Involved,
420 East Bay. Newport Beach, CA 92663
Legal Description of Property Involved (if too long, attach separate sheet)
Lot 21, Block 2. Balboa 8 vside Tract. County of Orange
Number of Residential Structures Onsite One
Number of Residential Structures to be DemolishedW—reea One
Number of Residential Units Currently Onsite Four
Number of Residential Units to be Demolishedfseevsrted Four
Number of Residential Units in each Structure Four
Number of Residential Units in each Structure to be Demolished/4errrereed Four
Description of the Proposed New Development A New. Two Unit Condominium a
Number of Residential Units Proposed Two
If the structure is being demolished as a public nuisance as defined by the State Health
and Safety Code or City'Ordinance, describe those factors causing the existing residential
unit to constitute a nuisance. (Attach additional sheets if necessary) NZ A
(PART A NOT COMPLETE WITHOUT OWNER'S AFFIDAVIT ON PAGE 3)
*** DO NOT COMPLETE APPLICATION BELOW THIS LINE ***
Date Filed A/
Planning, Dept. Determination Chap. 20.69 Not Applicable 02rchap. 20.69 Applicable
Part B Not Required Part B Required
Determination by
165.00 TOR
S
.-0
e' • 0 0 Page 2 of 3
PAR? S (Please Print)
Application No.
Date Tenancy Began
Monthly Income at Time
of Eviction
Number of Bedrooms
Residence Address Phone
Business Address Phone
!Sailing Address
Court Name Court Address
Case Number Case Name
Description of case or action taken to cause eviction
Tenant Name
Address from which Evicted
If proposal is for non-residential use, why is a reNsidential use no longer feasible on this
site? (attach additional sheets if necessary)
List of current tenants (see definition below).
Tenant Name NON4Dates of Tenancy
Current Residence Phone
Number of Bedrooms Current Monthly Income
Business Address Phone
Hailing Address
Tenant Name
Current Residence
Number of Bedrooms
Business Address
Hailing Address
Tenant Name
Current Residence
Number of Bedrooms
Business Address
Mailing Address
ATTACH ADDITIONAL SHEETS IF NECESSARY
Dates of Tenancy
Phone
Current Monthly
Phone
Dates of Tenancy
Phone
Current Monthly
Phone
Income
Income
For those tenants involved in any eviction (see definition below) or legal action within the
the previous twelve months, please provide the following:
Tenant Name
Address from which Evicted
Date Tenancy Began
Monthly Income at Time
of Eviction
Number of Bedrooms
Residence Address Phone
Business Address Phone
Hailing Address
Court Name Court Address
Case Number Case Name
Description of case or action taken to cause eviction
Tenant Name
Address from which Evicted
Date Tenancy Began
Monthly Income at Time
of Eviction
Number of Bedrooms
Residence Address Phone
Business Address Phone
Mailing Address
Court Name Court Address
Case Number Case Name
Description of case or action taken to cause eviction
ATTACH ADDITIONAL SHEETS IF NECESSARY
Application No.
Tenants:_ For the pupose of this application the City of Newport Beach considers all persons
and families who occupy a residential rental unit for a period greater than 45 days to be
tenants.
Evlc&ion, The City of Newport Beach recognizes legal or court actions and Actions such as
rent increases beyond the current market rate. avoidance of state mandated maintenance.
harassment and other such actions which result in a tenant vacating his living unit against
his will as an eviction.
OWNER'S AFFIDAVIT*
(I) (We) Marianne E. Zippi depose and say
that (I am) (we are) the owner(s) of the property(ics) involved in this application. (I)
(We) further certify, under penalty of perjury, that the foregoing statements and answers
herein contained and the information herewith submitted are in all respects true and correct
to the best of (my) (our) knowle�dr,,"nd belief. -
Signature(s)
*NOTE: An agent may sign for the owner if written authorization from the record o;nier is
filed with the applicant.
*** DO NOT COMPLETE APPLICATION BELOW THIS LINE ***
Date Filed 101 0-t ,_ Fee Pd.
I'Z% ! Receipt No. 941 t
Planning Department Action'
Date t• -ki Appeal
P.C. Hearing, i% �1 1 11 P.C. Action
Date Appeal
C.G. Hearing-C.C. Action
Date
CHAP. 10.69
8/91
c:\wp50\RES-DEV.91
COMMISSIONERS
Noveritl)er 7, 1991 MINUTES
\\\\\\\\ CITY OF NEWPORT BEACH
ROLL CALL I I M I L b IINDEX
The lic hearing was opened in connection with thls item, and
there bet no one to appear before the Planning Comntkslon, the
public heari was closed at this time.
Motion Commissioner Deb made a motion to adopt Resolution No,
1269, General Plan Am dment No. 91-3(E), recommending to the
City Council the approval t ncept, on the basis of the statement
in the staff report stating that rthe approval in concept, the, draft
amendment rmust he sent to the a Department of llntt.ring rind
Community Development (flCD) for it requiretl review.
In response to a question posed by Commiss: cr Gross, Mr. Blue11
explained that the Housing Element will rem, in conformance
with the State Law. Mr. Hewicker stated tha lousing and
Community Development is required to make a fin, that the
Housing Element complies with the State Law.
Ayes * * * * Motion was voted on, MOTION CARRIED.
Absent •
v
Item No-2
Request to consider a Coastal Residential Development Permit for CrtDP rio.19
the purpose of establishing project compliance for the demolition k'ir„
of an existing fourplex structure on property located within the
Coastal Zone. Approved
AND
Request to resubdivide an existing lot into a single parcel of land
for two-family residential condominium development on property
located in the R-2 District.
-3-
COMMISSIONERS
November 7, 1991 MINUTES
CITY OF NEWPORT BEACH
ROLL CALL 1_ 1 1 1.1 1 1 j 1 INDEX
Motion
Ayes
Absent:
LOCATION: Lot 21, Block 2, Balboa Bayside Tract,
located at 420 East Bay Avenue, on the
northerly side of East Bay Avenue, between
Cypress Street and Adams Street, on the
Balboa Peninsula.
ZONE: R-2
APPLICANTS: Wayne and Marianne Zippi, Walnut
OWNERS: Same as applicants
F?NGINFER: Alpine Consultants, Inc., Laguna Ilills
The public hearing was opened in connection with this item, and
Mr. Todd Schooler, Architect for the applicants, appeared before
the Planning Commission. Mr. Schooler concurred with the
findings and conditions in Exhibit "A".
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion was made and voted on to approve Coastal Residential
Development Permit No, 19 and Resubdivision No. 965 subject to
the findings and conditions in Exhibit "A". MOTION CARRIED.
A. Coastal Residential Development Permit: Approve the
Coastal Residential Development Permit with the following
Finding:
I. That the proposed development meets the requirements of
Article 10.7 of the California Government Code and Section
19.10.130 of the Newport Beach Municipal Code.
-4-
COMMISSIONERS November 7, 1991 MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
B. Resubdivision-No.465:
1i:INDINGS,
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 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.
3. That the proposed resubdivision presents no problems from
a planning standpoint.
CONDI'17ONS:
1. That a parcel map be recorded prior to occupancy. That
the parcel map be prepared so that the bearings relate to
the State Plane Coordinate System. Monuments (one inch
iron pipe with tag) shall be set on each lot corner unless
otherwise approved by the Subdivision Engineer.
Monuments shall he protected in place if installed prier to
completion of the construction project.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. 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 the completion of
the public improvements.
4. That each dwelling unit shall he 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.
-5-
COMMISSIONERS November 7. 1991 MINUTES
t
CITY OF NEWPORT BEACH
ROLL CALL INDEK
5. That the existing deteriorated curb and sidewalk he
reconstructed along the East Bay Avenue frontage and Hutt
the property line monuments be reestablished. All wofk
shall be completed under an encroachment permit issued I)y
the Public Works Department.
6. That all vehicular access to the property shall be from the
adjacent alley unless otherwise approved by the City
Council.
110.
That County Sanitation District fees be paid prior to
issuance of any building permits
I'hat 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.
That overhead utilities serving the site be undergrounded to
the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code.
That Coastal Commission approval shall be obtained prior
to the recordation of the parcel map.
11. 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.
-6-
.?
Planning Commissions Meeting, , j
Agenda Item No. _ 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
Request to consider a Coastal Residential Development Permit for the
purpose of establishing project compliance for,the 'demolition of an
existing fourplex structure on property located within the Coastal
Zone.
and
Request to resubdivide an existing lot into a single parcel of land for
two-family residential condominium development on property located
in the'R-2 District.
LOCATION: Lot 21, Block 2, Balboa Bayside Tract,, located at 420 East -Bay
Avenue, on the northerly side of East Bay Avenue, between Cypress
Street and:Adams Street, on the Balboa Peninsula.
ZONE: R:2
APPLICANTS: Wayne and Marianne Zippi, Walnut
OWNERS: Same as applicants
ARCHITECT/
ENGINEER: Alpine Consultants, Inc., Laguna' Hills
Appliggtion
�
i•� '3 �f' .[J.f I,. 'i:.�� .�i. �'! .... ..: J�, .. !:. iI-�Ji J.iJf{J!! .. ' r.i .. ✓r'li: • 'i yi �'
{ This application. involves a:request to resubdiAde' a4 cxisdng lot into a single Parcel of land
for two-family residential condominiurn'developinent on property located in the R .•District.
a •';In'accordance;with Section,19.10.L30 of. the, N;i*rt!Beach.Munidpal Cody parcel•ntaps
f (resubdivisioiu) J shall be .required fon � i ibbdivisions creating four or fewer' residential
condominium units. Resubdivision procedures; are set; forth: m Section 19.11040 of, the
Planning Commission! - 3
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
developed .with a fourplM ;which is '.to be: demolished .and removed, the proposed
development will not result in the creation of any new dwelling units. lberefore, a park
dedication fee wiU not be required in this case.
Inasmuch as the subject.site is located in the Coastal Zone an&the existing development
that is to be demolished contains 3 or more dwelling units, the applicant must comply with
Section 20,69.030 of the Municipal Code which requires Planning Commission approval of
a Coastal Residential Development Permit.,Article 10.7 of the California Government Code
does not allow the demolition of existing dwelling units occupied by pawns 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 or moderate Income. For purposes
of this resubdivision, a residential dwelling unit shall be deemed occupled by a person of
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 h6'Plarining
Department, the existing fourplex was vacant and that -no evictlon has oacierred`6 the
property within the past year. Therefore, the proposed demolition of the fourplex 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 or families of low or_ moddrate
income. ;
Section 19.12.040 (D) of the Newport Beach Municipal Code provides that the Planning
Commission shall make specific findings in order to -approve or'disapprove a resubdivision.
Should the Planning Commission wish to approve this application, the findings and
conditions set forth in the attached Exhibit "A" are suggested.
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 *h1ch a'tentativc 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.
CONSOLIDATED F.EPROG-Rip-lII-r..q
c R .. I . 1 .1 .
OFII M
D., I V I
S ON
Planning CommLuion.Meeting. Nag r 11991 ,.r
Agenda Item No. 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Coastal Hoidential Dev lopMent Permit big, 19 (MlIg Hearing)
Request to consider a Coastal Residential Development Permit for the
purpose of establishing project compliance for the demolition of an
existing fourplex structure on property located within the Coastal
Zone. i
and
ftcsubdivision No. 265Public Hearing)
Request to resubdivide an existing lot into a single parcel of land for
two-family'residential condominium development on property located
in 1he,R,62%DistricL. , _f
LOCATION: Lot 21, Block 2, Balboa Bayside Tract,i located at 420 East Bay
Avenue, on the northerly side of East Bay Avenue, between Cypress
Street aad,,Adams Street, on the Balboa, Peninsula.
ZONE: R-2
APPLICANT'S: Wayne and Marianne Zippi, Walnut
OWNERS: Same as applicants
ARCHITECT/
ENGINEER: Alpine Consultants, Inc., Laguna Hills
A7n
�'.if. . �... !. /i:fi ..1 f...� .i.. i! .eS1:i i'-l1� .. ... E: il:-.Ir•u iI:1i"fli,l 'I.,il 7:. i .i �';: �;, 't
,,,This application involves a -request to. resubdivide,an existing lot into a single parcel of land
r 1.: ;for two-family residential condominitm development on"property located in the R-2District.
:";In accordance iwith Section .19.10:130 -of .the! Newpdrt,Beach Municipal Code,`paroel;maps
(resubdivisions): shall be.:requiied- for: all � tubdivbions !creating four or feweV residential
condominium units. Resubdi bion procedures are set' forth, In- Section 19,12,040 oU the
Olp
r rlann!A -Wn1r JiWon
2
Municipal Code. This application also requests the demolition of an existing fourplex on
the site located within the Coastal Zone. In accordance with Section 20.69.030 of the
Municipal Code, the demolition of three or more dwelling units in one structure in the
Coastal Zone requires the approval of a Coastal Residential Development Permit.
This project has been reviewed, and it has been determined that,it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 15 (Minor
Land Divisions).
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for 'Two -Family Residential" uses and require a minimum of 2,000 square
feet of land area for duplex development. The proposed residential condominium
development is a permitted use within this designation and therefore 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.
Sub-leci PropeM and. Surrounding Land UM:
The subject property. is currently developed with 1a fourplex. The existing building will be
demolished in conjunction with application. To the northwest is a single family dwelling;
to the northeast, across a 10 foot wide alley, is a duplex; to the southeast is a single family
dwelling; and to the southwest, across East Bay Avenue, is a duplex.
BaCkgryund
At its meeting of August 22,1991, the Planning Commission removed Resubdivision No. 965
from calendar as requested by the applicants.
AnalySia
The subject property was originally subdivided as a portion of the Balboa Bayside Tract.
:.The lorb.28.86 feetwide,'with a depth of approximately,80feat and haaa,an area,of 2„309t
square feet: r : In � accordance ; wi th Section! 20A70.030, of ! the, Municipal: Code; • up: to -'two
dwel* units. are, perni tted.oa' an: R•2 parcel,'prot►ided that there it arum of :1000
square, feet, of lot area per, dwelling unit,-;Tht proposed'two-unit residential;toWorninium
development would thereforebe. permitted on the prop":..--,'!
TO: Planning Commission - 3
Park Dedjmtio� Requirement
In accordance with Section 19.50,020 of the Municipal Code, as a condition of approval of
a parcel map;'the subdivider4s; required to pay an its -lieu fee for each new dwelling unit to
be created in conjunction with the parcel map. Inasmuch as the subject property is currently
developed .with a ..fourplex,' • which . is .to be demwlished _and removed, thi, 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.
Coastal Residential QrryelopMgnt Permit
Inasmuch'as the.subject site is located in the Coastal Zone and the existing development
that is to be demolished contains 3 or more dwelling units, the applicant must comply with
Section 20.69.030 of the Municipal Cade which requires Planning Commission approval of
a Coastal Residential Development Permit.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 or moderate income. For purposes
of this resubdivislon, a residential dwelling unit shall be deemed occupied by a person of
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 wasmadd td the''Pidiuung
Department, the existing fourplex was vacant and that no eviction ltaa oea,rmed :ori the
property within the past year. Therefore, the proposed demolition of the fourplex 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 or fainiiies of W.or moddrate
income.
- II ..;,:i ":'ar/-
Section 19.12.040 (D) of the Newport Beach Municipal Code piovides that the Planning
Commission shall make specific findings in order to -approve or disapprove a resubdivision.
Should the Planning Commission wish to approve this application, the findings and
conditions set forth in the attached Exhibit "A" are suggested.
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 forv�+hicb'a teittiitive 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.
TO: Planning Commission - 4
s
•
(b) That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
(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 subdivisionor: the Proposed
to cause substantial environmental damage orsb � ovements are likely
ally and avoidably
injure fish or wildlife or their habitat: [
(f)�,C :.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.aecesq.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, and
therefore no exhibit for denial has been provided,
PLANNING. DEPARTMENT;, ..
JAMES,D. HEWICKER, Director .
DANA O. ASLAMI
Associate Planner
Attachments: Exhibit "A"
Vicinityy Map
Tentative. Parcel Map
t;:arrrsile�rw!rwlan►.�+la►t3hus,
' . TO: Planning Commission - 5
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL, FOR
COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 19
AND RESUBDIVISION NO.971
A. 'Haidential 12ev6=ent Perailt., Approve the Coastal
Residential Development Permit with the following finding:
EINDiN!Q-
1.. That the proposed development meets the requirements of
Article 10.7 of the California Government Code and Section
19.10.130 of the Newport Beach Municipal Code.
1. E t 0
FINDING,
.1,
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.
3
.2. , .,: ,That; public improvements may be required of a developer per
.,:".,i!=,Section -19.08,020.of the Municipal Code and Section 66415 of
;she Subdivision Map Act..
.,J 1That :the proposed resubdivislon presents no problems from a
planning standpoint.
1. That a parcel map be recorded prior to occupanry, 'chat the
...:.4 , arccl ii ;;f� ma prepared so.ftt the.
d p P,bc p� Fa bearings relate to the State
!!..� •;, �,r:: , , 3?,: , )!P]ane,C*ordtnato,System.., Monuments {one inch iron pipe with
�,,,i(I1108)shalbbe,set•on each. lot, comer unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of the construction project,
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
TO: Planning Commission - 6
3. That arrangements be made with the Public Works Department
in order to'guarantee -'satisfactory completion of the public
improvememst if it is'desired to record a parcel map or obtain
a building 'permit" prior to the completion of the public
improvements.
4. That each dwelling unit shall 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.
S. That the existing deteriorated curb and sidewalk be
reconstructed along.the'East Bay Avenue frontage and that the
property line monuments be reestablished. All work shall be
completed under an encroachment permit issued by the Public
Works Department.
6. That all vehicular access to the property shall be from the
adjacent alley unless otherwise approved by the City Council.
7. That County Sanitation District fees be paid prior to issuance
of any building permits
8. That 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. Trafric
control and transportation of equipment and materials shall be
conducted in accordance with'state and local requirements.
9. That overhead utilities serving "the site be undergrounded to the
nearest appropriate' pole in accordance with Section 19.24.140
of the Municipal Code.
10. That Coastal Commission appri &,W shall be obtained prior to
the recordation of the parcel map.
J = _ AI.: That, this 'resubdivislon' shall expire if the map has not been
recorded' within'3•yeaA of At date of approval, unless an
exterision is granted,*,the Planning Commission.
VICINITY .
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DISTRICTING MAP
NEWPORT BEACH -- CALIFORNIA
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RESUBDIVISION NO. 96 5
coAsrAc. RESIDENTIAL DV U. PER . MIT
LVO. _ / 9
Planning Commission.Meetiag • � r
TO:
FROM:
SUBJECT:
Agenda Item No. 2
CITY OF NEWPORT BEACH
Planning Commission
Request to consider a Coastal Residential Development Permit for the
purpose of establishing project compliance for the demolition of an
existing fourplex structure on property located within the Coastal
Zone,
and
Request to resubdivide an existing lot into a single parcel of land for
two-family residential condominium development on property located
in the R-2 District. , r
LOCATION: Lot 21, Block 2, Balboa;.Bayside Tract,. located at 420 East ,Bay
Avenue, on the northerly side of East Bay Avenue, between Cypress
Street andAdams Street,;on the Balboa Peninsula,
ZONE:'. R2..:�
APPLICANTS: Wayne and Marianne Zippi, Walnut
' f
OWNERS: Same as applicants
ARCH ITECT/
ENGINEER: Alpine Consultants, Inc., Laguna Hills
ii
This'application involves a -request to resubdivide an existing, lot into a single`parcel of land
for two-family residential condominium'de 'elopment on property, located in the R 2 District.
In accordance with Sectioa.19.10.130 of the iNewport Bead Municipal Code, parcel -maps
(resubdivisiom),shall beirequired: for: all. :subdivisions'creadng four or fewer: residential
condominium units. Resubdivision procedures are: set' forth. in -Section 19,11040 of the
TG: Psann4 Cbmriiissiors 2
Municipal Code. This application also requests the demolition of an existing fourplex on
the site located within the Coastal Zone. in accordance with Section 20.69.030 of the
Municipal Code, the demolition of three or more dwelling units in one structure In the
Coastal Zone requires the approval of a Coastal Residential Development Permit.
'lids project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Glass 15 (Minor
Land Divisions),
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "IWvo-Family Residential' uses and require a minimum of 2,000 square
feet of land area for duplex development. The proposed residential condominium
development is a permitted use within this designation and therefore 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.
The subject property:is'eurrently developed with a fourplex.� The existing building will be
demolished in conjunction with application. To the northwest is a single family dwelling;
to the northeast, across a 10 foot wide alley, is a duplex; to the.southeast is a single family
dwelling; and to the southwest, across East Bay Avenue, is a duplex.
Backer Ound
At its meeting of August 22, 1991, the Planning Commission removed Resubdivision No. 965
from calendar as requested by the applicants.
The subject property was originally subdivided as a portion of the Balboa Bayside Tract.
;The lot is 28,86feet.wide,'.with a depth,of approadmately.80 feet and has an area of 2,309t
square- feet.' � • la - accordance .with p Section ' 2fl 170.030 E of 1be) Munlcipal : Cade; up : to two
._,�i.dwelling�units are permitted.onfan,-R-min
2 paro4 provided.that:there is�a imum of 1,000
square feet .of lot area per 'dwelling unit.- The proposed;two unit residential condominium
: ;development would: therefore, be permitted on the property:
TO: Planring Commission - 3
1n 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
developed with a fourplex; . which, � is to be demolished and removed, the proposed
development will not result in the creation of any new dwelling units. Therefore, a park
dedication fee win not be required:in this case.
Inasmuch as the,subject site is located in the Coastal Zone and the existing development
that is to be demolished contains 3 or more dwelling units, the applicant must comply with
Section 20.69.030 of the Municipal Code which requires Planning Commission approval of
a Coastal Residential Development Permit. Article 10.7 of the California Government Code
does not allow the demolitiori 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 or moderate income. For purposes
of this resubdivision, a residential dwelling unit shall be deemed occupied by a person of
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 fourplex was vacant and that no 6iMloti'1as occurred on the
property within the past year. Therefore, the proposed demolition of the fourplex 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 or famines of low 'Of 'moderate
income.
Section 19.12.040 (D) of the Newport Beach Municipal Code provides that the Planning
Commission shall make specific findings in order to approve or disapprove a resubdivision.
Should the Planning Commission wish to approve this application, the findings and
conditions set forth in the attached Exhibit "A" are suggested.
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 niap"fbHkhlch,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.
'hO: Planning Commission - 4
V
(b) That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
(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, and
therefore no exhibit for denial has been provided,
PLANNING DEPARTMENT '
JAMES D. IfEWICKER, Director,: -
DANA O. ASLAMI
Associate Planner
Attachments: Exhibit "A'
Vicinity' Map ',
-,..Tentative Parcel Map
i"•1.fiJ+MR7Y.'��;���1�LYi4/U,fV�.i. I r �.� jl .-. .. �j:'13� Ili• ��i
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TO: Planning Commission S
EXHIBIT `A'
FINDINGS AND; CONDITIONS OF APPROVAL FOR
COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 19
AND RESUBDIVISION NO, 971
A. Coastal Residential Dey§lapment ECEM11: Approve the Coastal
Residential Development Permit with the following finding:
FIN12INGe
1. That the proposed development meets the requirements of
Article 10.7 of the California Government Code and Section
19.10.130 of the Newport Beach Municipal Code.
B. &subdivisio N0 971:
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 public improvements may be required of a developer per
Section 49.08.02.0 of the Municipal Code and Section 66415 of
the Subdivision Map Act..!,.
:; .... 3.. Thal -the proposed resubdivis€on presents no problems from a
planning standpoint. ; , ,
1. That a parcel map be recorded prior to occupancy. That the
parcel map be prepared, so,that the, bearings relate to the State
Coordinate System,, Monuments (one inch iron pipe with
tag),shall,be.sct on each. lot corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of the construction project.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
TO: Planting Commission - 6
..
3. That arrangements be made with the Public Works Department
in''order ''to'guaiantee satisfactory completion of the public
improvements, if I( is desired to record a parcel map or obtain
a 'building L permit prior to the completion of the public
improvements.
4. That each dwelling unit shall 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.
5. That the existing deteriorated curb and sidewalk be
reconstructed along the East Bay Avenue frontage and that the
property line monuments be reestablished. All work shall be
completed under an encroachment permit issued by the Public
Works Department.
6. That all vehicular access to the property shall be from the
adjacent alley unless otherwise approved by the City Council,
. r
7. That County Sanitation District fees be paid prior to issuance
of -any building'permits
$. That 'disruption; caused by construction work along roadways
and by movement of construction vehicles shall be minimized
by proper use of traffic control'equipinent and flagmen. Traffic
control and transportation of equipment and materials shall be
conducted in accordanee'u+ith'state and local requirements.
9. That overhead utilities serving the site be undergrounded to the
nearest appropriate` pole in accordance with Section 19.24.140
of the Municipal Code.
10. That Coastal Commission approval shall be obtained prior to
the recordation of the parcel map.
'That � this; resubdivislon shall expire if the map
p has not been
recorded! within' 3. years ,of the date of approval,
extension is unless an
granted by the Planning Commission.
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