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HomeMy WebLinkAbout19 - Residential Lot Merger Code Amendment�EWPORr = CITY OF NEWPORT BEACH Item No. 19 a� m C9( /FOQNP City Council Staff Agenda Report February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Manager APPROVED: ;i J1(� A A , Resildential Lot Mergey Code Amendment - Code Amendment No. TITLE: CA2012 -007 (PA2012 -102) ABSTRACT: An amendment to the Zoning Code (Title 20) and the Subdivision Code (Title 19) to modify the residential development standards so that the merger /reconfiguration of two or more lots would not result in an increase in the maximum amount of floor area that could have otherwise been developed prior to the merger /reconfiguration. The proposed amendment would apply only to properties located in the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport where a parcel map, lot line adjustment, or lot merger results in an increase in lot area greater than 50 percent. RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce Ordinance No. 2013_3 (Attachment CC 1) approving Code Amendment No. 2012 -007 and pass to second reading on February 26, 2013. FUNDING REQUIREMENTS: There is no fiscal impact related with this item. DISCUSSION: Most of the City's residential zoning districts have a maximum floor area limit based on the "buildable area' for the lot. The maximum floor area is determined by multiplying the buildable area by the floor area limit (1.5, 1.75, or 2.0). When abutting residential lots are merged, or otherwise reconfigured, setback areas are eliminated resulting in a "Buildable area" is defined as the area of a lot, excluding the minimum front, side, and rear setback areas. i Residential Lot Merger Code Amendment February 12, 2013 Page 2 larger buildable area and potentially larger homes. Such potential increases in floor area can lead to neighborhood compatibility issues. The proposed amendment would restrict the maximum floor area limit of a lot or lots reconfigured by a lot merger, lot line adjustment, or parcel map if the area of the largest of the lots involved is increased by more than fifty percent (50 %). It is proposed that the maximum floor area of the lots involved in the reconfiguration shall not exceed the aggregate floor area permitted on the lots as they existed prior to the merger or reconfiguration. In the example in Figure 1 below, the lot created by the merger has a larger buildable area because the side setbacks are eliminated; consequently, the allowable floor area also increases (Floor Area = Floor Area Limit x Buildable Area). Under the proposed amendment, the maximum floor area could not exceed that which would have been permitted prior to the merger (Floor Area = Floor Area Limit x Buildable Area X +Y +Z). Lots Prior to Merger _.— ._._._.T._. I............ f :..... r._. I :....: I I: RD a x i s I: I: I: Lot Following Merger Figure 1 This amendment would only apply to lots located in the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport (see Figure 2 below) that are reconfigured after the effective date of the ordinance. 2 Residential Lot Merger Code Amendment February 12, 2013 Page 3 Figure 2 The proposed amendment would also revise the Subdivision Code to add required findings for the approval of parcel maps, lot mergers, and lot line adjustments to ensure that these restrictions are identified early in the application process and that future lot configuration projects are appropriately conditioned. On January 17, 2013, the Planning Commission voted (6 -0) to recommend approval of the amendment to the City Council. The Planning Commission staff report can be found at http:// www. newportbeachca .gov /planningcommission and the draft minutes are provided in Attachment No. CC 2. ENVIRONMENTAL REVIEW: This item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent (20 %) and which do not result in any changes in land use or density. In this case, the over 8,000 parcels potentially affected by the amendment have an average slope of less than 20 percent (20 %); the amendment will not change the land use category or zoning district of the affected parcels; and the density (the number of dwelling units per unit of land) will not change. NOTICING: Notice of this amendment was published in the Daily Pilot, including an eighth page advertisement, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the 3 Residential Lot Merger Code Amendment February 12, 2013 Page 4 City website and a notice of this item was mailed to the community associations of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport. Kimberly .OA'. Director l ATTACHMENTS CC 1 Draft Ordinance CC 2 Draft January 17, 2013, Planning Commission Minutes 11 Attachment No. CC 1 Draft Ordinance 5 NO ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2012 -007 RESTRICTING THE MAXIMUM ALLOWABLE RESIDENTIAL FLOOR AREA ON LOT RECONFIGURATIONS RESULTING IN LOT AREA INCREASES OF MORE THAN FIFTY PERCENT (PA2012 -102) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On August 14, 2012, the City Council initiated an amendment of the Zoning Code and the Subdivision Code to modify the residential development standards so that the future reconfiguration of two or more lots would result in no net increase in the maximum allowable floor area that existed prior to the reconfiguration. 2. The Planning Commission conducted a public hearing on January 17, 2013, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the hearing, the Planning Commission, the Commission adopted Resolution No. 1904 recommending adoption of Code Amendment No. CA2012 -007. 3. A public hearing was held on February 12, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent (20 %) and which do not result in any changes in land use or density. In this case, the average slope of the over 8,000 parcels potentially affected by the amendment is less than 20 percent (20 %); the amendment will not change the land use category or zoning district of the affected parcels; and the density (the number of dwelling units per unit of land) will not change. SECTION 3. FINDINGS. 1. Parcel maps, lot line adjustments, and lot mergers can result in the elimination of setback areas resulting in larger buildable areas and potentially larger residential units that would be inconsistent with the subject neighborhood. City Council Ordinance No. 2013 -_ Page 2 of 4 2. The proposed amendment will modify the residential development standards of the R -1, R- BI, and R -2 Zoning Districts so that any existing lot in Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport that has been reconfigured by a lot merger, lot line adjustment, or parcel map that results in an increased in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if the lots were developed individually prior to the reconfiguration. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 19.12.070.A (Required Findings) is hereby amended to add new Finding No. 12 and read: 10. 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; and 11. 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; and 12. For subdivisions involving the reconfiguration of existing lots within the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport, as identified in the Zoning Code: when the reconfiguration results in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if the lots were developed individually prior to the reconfiguration. Section 2: Section 19.68.030.1-1 (Required Findings) is hereby amended to add new Finding No. 6 and read: 6. Within the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport, as identified in the Zoning Code: when lots as merged result in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the merger, the maximum gross floor area permitted shall not exceed that which would have otherwise been permitted if these lots were developed individually prior to the reconfiguration. Section 3: Section 19.76.020.1.6 (Required Findings) is hereby amended to add new Finding No. 6 and read: 6. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key lot, unless such reduction is accomplished through a zone change to establish appropriate street side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. A. Within the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport, as identified in the Zoning Code: when a lot line adjustment results in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall 2 City Council Ordinance No. 2013 -_ Page 3 of 4 not exceed the aggregate of that which would have otherwise been permitted if these lots were developed individually prior to the lot line adjustment. Section 4: Section Table 2 -2 of 20.18.030 (Residential Zoning Districts General Development Standards) is hereby amended to add new Note No. 7 to and read: TABLE 2 -2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS Notes (7) In the R -1 Zoning District of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, or West Newport: existing lots reconfigured by a lot merger, lot line adjustment, or parcel map after March 28, 2013, that results in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if these lots were developed individually prior to the reconfiguration. Section 5: Table 2 -3 of Section 20.18.030 (Residential Zoning Districts General Development Standards) is hereby amended to add new Note No. 10 and read: TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS R -1- R -1- R -1- Additional Development Feature R -A R -1 6,000 7,200 10,000 Requirements Floor Area Limit (gross N/A sq. ft. (10) N/A floor area) Citywide 2.0(5)(6) (7) del Mar (8) Corona del Mar 1.5 (5)(6) (7) Notes (7) In the R -1 Zoning District of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, or West Newport: existing lots reconfigured by a lot merger, lot line adjustment, or parcel map after March 28, 2013, that results in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if these lots were developed individually prior to the reconfiguration. Section 5: Table 2 -3 of Section 20.18.030 (Residential Zoning Districts General Development Standards) is hereby amended to add new Note No. 10 and read: TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Notes: (10) In the R -BI and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, or West Newport: existing lots reconfigured by a lot merger, lot line adjustment, or parcel map after March 28, 2013, that resulted in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if these lots were developed individually prior to the reconfiguration. 9 Additional Development Feature R -BI R -2 R -2 -6,000 Requirements Floor Area Limit (9) (gross 1.5 plus 200 2.0 N/A floor area) sq. ft. (10) Citywide (8) 1.5 Corona del Mar (8) (10) Notes: (10) In the R -BI and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, or West Newport: existing lots reconfigured by a lot merger, lot line adjustment, or parcel map after March 28, 2013, that resulted in an increase in the lot area of more than fifty percent (50 %) of the largest of the lots involved in the reconfiguration, the maximum gross floor area permitted on the lots involved in the reconfiguration shall not exceed the aggregate of that which would have otherwise been permitted if these lots were developed individually prior to the reconfiguration. 9 City Council Ordinance No. 2013 - Page 4 of 4 Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: This action shall become final and effective thirty days after the adoption of this Ordinance. Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of February, 2013, and adopted on the 26th day of February, 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBE ABSENT. COUNCIL MEMBERS MAYOR Keith D. Curry ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorne Wo Attachment No. CC 2 Draft January 17, 2013, Planning Commission Minutes 11 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 01/17/2013 ITEM NO. 3 Residential Lot Merger Code Amendment (PA2012 -102) Site Location: R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport Planning Manager Patrick Alford presented details of the report addressing Council initiation of the matter, examples of typical lots, setbacks resulting from mergers, increases in potential floor areas and typical setbacks. He addressed key proposed provisions relative to parcel maps and lot -line adjustments, areas affected by the amendment, regulations and findings, other approaches including increasing remaining side yard setbacks, modifying floor area limit ratios and related variances. Mr. Alford reported that the information provided is for typical lots with typical setbacks and noted that there could be many variations in the results if the amendment is approved and applied. Discussion followed regarding areas governed, applicability to Newport Heights and applying the amendment to the older areas of town and clarifying language to not include Newport Heights, provisions regarding setbacks increasing to four feet and effects to overall square footage. In response to Chair Toerge's inquiry, Mr. Alford explained the 50 percent rule noting that it was intended to address fragments of lots and reported that staff is trying to avoid significant increases in overall lot widths to maintain compatibility and apply the new standards to lots that have significant changes in lot configurations. Chair Toerge indicated support for the ordinance but asked the Commission for input on how they might create the opportunity for the Commission to consider increased setbacks in case where they may not otherwise support a lot. In response to Vice Chair Hillgren's inquiry, Mr. Alford addressed notice to residents and where the ordinance would apply. Mr. Alford noted that potentially, approximately 8,000 parcels could be impacted by the amendment. He reported on efforts made to notice the item, including a display ad and letters to applicable community associations. He reported that no responses were received. Commissioner Tucker commented on expanding setbacks, limiting floor areas of combined lots and the possibility of allowing designers to determine how the floor area will be used on the lots. Chair Toerge felt that the square footage could be included in any location and developing a process for the Commission to consider where the square footage would be appropriate. Mr. Alford addressed the possibility of new construction and stated that it would be possible that lot mergers could include existing structures that are currently conforming to side yard setbacks. Interested parties were invited to address the Commission on this matter Denys Oberman felt that the original intent of the ordinance was to manage compatibility. She stated that there are lot mergers occurring as well as lot reconfigurations. She addressed issues of safety, access and privacy and suggested adding language to articulate that there needs to be sufficient setbacks to afford fire compliance and privacy as well as adequate insulation from noise and air quality impacts. Jim Mosher asked why the amendment would be applied selectively to specific areas and not City- wide, the appropriateness of the 50% rule and lots that are back -to -back. He suggested striking out "width" and include "area" to apply to odd configurations. He felt that the CEQA finding is not a Page 4 of 11 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 01/17/2013 finding and expressed concerns with selectively applying the ordinance to little pieces of the Zoning Code without showing sections as a whole, noting that they would be "sub- sections ". Mr. Mosher pointed out minor typographical errors within the report. There being no others wishing to address the Commission, Chair Toerge closed the public hearing. Commissioner Tucker referenced the revised resolution and suggested that the language in the report be consistent throughout the document. He was unsure whether Council direction included re- tooling the setbacks and pointed out areas of ambiguity. Chair Toerge noted that the Commission was asked to make a recommendation. He questioned why the ordinance is not applicable to R -1 zones in the City. Motion made by Chair Toerge and seconded by Commissioner Brown to adopt Resolution No. 1904 recommending City Council approval of Code Amendment No. CA2012 -107, without the restriction that it only apply to the specified areas in the report, but that they apply to R -1, R -BI and R -2 zoning districts. Mr. Alford noted that the public notice for the amendment stated that it would be limited to certain areas. He asked the Assistant City Attorney if the Commission could include other areas. Assistant City Attorney Mulvihill indicated that the Commission was only making a recommendation and that the item will be noticed to Council accordingly. Chair Toerge stated that the 50% increase in area is a reasonable barometer rather than the 50% increase in the lot width. He dropped the request of modifying the setbacks. Commissioner Myers indicated that he supports the 50% width noting that the issue affects side -by- side lots and would cover a broad range of variables for lot mergers. Vice Chair Hillgren indicated he could not support the motion because the item was noticed to include other areas. He agreed with changing width to area. Substitute motion made by Vice Chair Hillgren to adopt Resolution No. 1904 recommending City Council approval of Code Amendment No. CA2012 -107 as proposed in the modified staff report and changing "width" to "area" throughout the amendment. Commissioner Tucker suggested replacing language "on" to "of' relative to 50% of the lots involved throughout with additional corrections. Vice Chair Hillgren agreed to the inclusion and Commissioner Tucker seconded the motion. The motion carried 6 —1. AYES: Brown, Hillgren, Kramer, Myers, Toerge and Tucker NOES: None ABSTENTIONS: None ABSENT: Ameri Page 5 of 11 14 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT January 30, 2013 RE: Residential Lot Merger Code Amendment (PA2012 -102) To Whom It May Concern, This letter is to inform your community association that on Tuesday February 12, 2013. at 7:00 p.m., the City Council of the City of Newport Beach will consider an amendment to the Zoning Code and Subdivision Code that may affect residential properties in your community. On August 14, 2012, the City Council initiated Code Amendment CA2012 -102. This proposed amendment is intended to modify the residential development standards so that the merger /reconfiguration of two or more lots would not result in an increase in the maximum amount of floor area that could have otherwise been developed prior to the merger /reconfiguration. Most of the City's residential zoning districts have a maximum floor area limit based on the "buildable area " for the lot. The maximum floor area is determined by multiplying the buildable area by the floor area limit (1.5, 1.75, or 2.0). When abutting residential lots are merged, or otherwise reconfigured, setback areas are eliminated resulting in a larger buildable area and potentially larger homes. Such potential increases in floor area can lead to neighborhood compatibility issues. The proposed amendment would restrict the maximum floor area limit of a lot or lots reconfigured by a lot merger, lot line adjustment, or parcel map if the area of the largest of the lots involved is increased by more than fifty percent (50 %). It is proposed that the maximum floor area of the lots involved in the reconfiguration shall not exceed the aggregate floor area permitted on the lots as they existed prior to the merger or reconfiguration. This amendment would only apply to lots reconfigured after the effective date of the ordinance and to lots located in the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport. The public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. Any interested party may appear and comment on this item. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www. newportbeachca .gov /planningcommission. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. Please feel free to contact me at 949 - 644 -3232 or PAlford(a)newportbeachca.gov if you have any questions. Sincerely, f Patrick J. Alford, Planning Manager 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 Fax: (949) 644 -3229 • www.newportbeachca.gov Balboa Coves Community Assoc. Boyd Management Debbie Boyd 27758 Santa Margarita Pkwy #410 Mission Viejo, CA 92691 Balboa Village B.I.D. Bob Black P.O. Box 840 Balboa, CA 92661 Lido Isle Community Association Keystone Pacific Sherry Connor 16845 Von Karman, #200 Irvine, CA 92606 Balboa Island Improvement Assoc. Little Balboa Island P.O. Assoc. Jeff Herdman 204 Coral Avenue Newport Beach, CA 92662 Breakers Drive Association Jay Cowan 3030 Breakers Corona del Mar, CA 92625 Lido Sands Community Association Nicolai Glazer 5300 River Avenue Newport Beach, CA 92663 Balboa Peninsula Point Assoc. P.O. Box 826 Balboa, CA 92661 Central Newport Beach Community Association P.O. Box 884 Newport Beach, CA 92661 Newport Island Incorporated Jim Miller 4101 Seashore Drive Newport Beach, CA 92663 Newport Shores Community Assoc. Seashore Townehome Owners Assn. West Newport Beach Association AMMCOR Interpacific Asset Mgmt Juliana Dickinson Mandy Farmer Craig Batley 2901 Newport Boulevard 1062 Calle Negocio #F 5505 Garden Grove Blvd., #150 Newport Beach, CA 92663 San Clemente, CA 92673 Westminster, CA 92683 Collins Island Community Far West Newport Residents Newport Pier Association Association — No Contact Info Association — No Contact Info No Contact Info Labels completed: 12/26/12 jh PA2012 -102 for CA2012 -007 3300 Newport Boulevard Residential Lot Merger CD 1 12 Labels CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 12, 2013, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Residential Lot Merger Code Amendment — An amendment to the Zoning Code (Title 20) and the Subdivision Code (Title 19) to modify the residential development standards so that the merger /reconfiguration of two or more lots would not result in an increase in the maximum amount of floor area that could have otherwise been developed prior to the merger /reconfiguration. The proposed amendment would apply only to properties located in the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport where a parcel map, lot line adjustment, or lot merger results in an increase in lot area greater than 50 percent. NOTICE IS HEREBY FURTHER GIVEN that this item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Patrick J. Alford, at (949) 644- 3232 or palford annewportbeachca.gov. Project File No.: PA2012 -102 Location: R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport. Project File No.: PA2012 -102 Activity No.: CA2012 -007 Applican City o ewport Beach A4 )-/, vml:� Leilani Brown, ity Clerk City of Newport Beach PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, February 2, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on February 5, 2013 at Los Angeles, California &161 Signature RECEiVEG 7013 FEB I I t,Fi In: 48 C`i r "r'rOFF[ CI T ^, tT REGH CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 12, 2013, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Residential Lot Merger Code Amendment -An amendment to the Zoning Code (rile 20) and the Subdivision Code (Title 19) to modify the residential development standards so that the merger /reconfiguragon of two or more lots would not result in an increase in the maximum amount of floor area that could have otherwise been developed prior to the merger /reconfiguration. The proposed amendment would apply only to properties located in the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport where a parcel map, lot line adjustment, or lot merger results in an increase in lot area greater than 50 percent. NOTICE IS HEREBY FURTHER GIVEN that this item is categorically exempt under Section 15305, of the California Environmental Quality Act (Cl Guidelines - Class 5(Minor Alterations in Land Use Limitations) All interested parties may appear and present testimony m regard to this application. H you challenge this project in court, you may be limited to musing only those issues you is a l l he public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard; Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportheachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Patrick J. Afford, at (949) 644 -3232 or palfordGnewportbeachca.gov. Project File No.: PA2012 -102 Activity No.: CA2012 -007 Location: R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport. Project File No.: PA2012 -102 Applicant City of Newport Beach /s/ Leilani Brown, City Clerk City of Newport Beach