HomeMy WebLinkAboutS25 - Lot Line AdjustmentsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
5.
Agenda Item No. S25
June 9, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Lepo, Planning Director
(949) 644 -3228, dlepo @city.newport- beach.ca.us
SUBJECT: ORDINANCE 2009 -13 AMENDING THE SUBDIVISION ORDINANCE,
TITLE 19 OF THE MUNICIPAL CODE, RELATIVE TO LOT LINE
ADJUSTMENTS.
ISSUE:
Should the City Council adopt an ordinance amending Title 19 of the Newport Beach
Municipal Code which would revise applicability and procedures for lot line
adjustments?
RECOMMENDATION:
Introduce Ordinance No. 2009 -13 amending Title 19 of the Newport Beach Municipal
Code relating to applicability and procedures for lot line adjustments, and pass to
second reading for adoption on June 23, 2009.
DISCUSSION
Ordinance 2009 -13 (Attached) would revise Title 19 of the Newport Beach Municipal
Code to use lot line adjustment procedures to reorient front yards of corner parcels.
The revisions would also allow lot line adjustments for lots that are non - conforming as to
minimum street frontages and minimum lot areas provided that no lot resulting from
such lot line adjustment is more non - conforming as to street frontage and lot area. A
schematic diagram included with this report (Exhibit A) shows the lot configurations and
orientations that would be subject to the revised lot line adjustment procedure, and the
lot configurations and orientations that would result from approval of a lot line
adjustment consistent with Ordinance 2009 -13.
ENVIRONMENTAL REVIEW
Adoption of the proposed ordinance has been determined not to have a significant
effect on the environment and is exempt from the provisions of the California
Title 19 Amendment
June 9, 2009
Page 2
Environmental Quality Act (CEQA) pursuant to Section 15305, Minor Alterations in Land
Use Limitations, of the CEQA Guidelines.
PUBLIC NOTICE
This agenda item has been noticed in accordance with the Ralph M. Brown Act (72
hours in advance of the public meetings at which the City Council considers the item). It
was posted at City Hall and on the City's website.
ALTERNATIVES
1) Pass Ordinance No. 2009 -13 to second reading for adoption on June 23,
2009.
2) The City Council may suggest changes to Ordinance No. 2009 -13.
Should the City Council choose to do so, staff will return with a resolution
incorporating these changes.
3) Deny Ordinance No. 2009 -13
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: Exhibit "A"
Ordinance Amending Title 19
Prepared by:
DwTid Lepo /
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Existing Lots Resulting Lots
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Exhibit A
626 Bay Ave W Setback Analysis.mxd July /2008
ORDINANCE NUMBER NO. 2009-
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING TITLE 19 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO LOT LINE
ADJUSTMENTS
WHEREAS, the City adopted Title 19 of the Municipal Code to provide provisions for
the orderly and controlled growth within the City with adequate traffic circulation, utilities,
and other services; and
WHEREAS, City staff found it necessary to amend Title 19 of the Municipal Code to
change references from the Modifications Committee to the Zoning Administrator and
clarify language related to lot line adjustments; and
WHEREAS, the proposed action is exempt from the provisions of the California
Environmental Quality Act (CEQA) because it involves a minor alteration land use
limitations (Section 15305 of the CEQA Guidelines), and
WHEREAS, after providing notice in accordance with law, the City Council conducted a
public hearing on June 9, 2009, in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California, and considered evidence, both written and oral,
that was presented to, and considered by, the City Council at this meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Chapter 19.76 of Title 19 shall be deleted in its entirety and amended to
read as follows:
CHAPTER 19.76
LOT LINE ADJUSTMENTS
Sections:
19.76.010
Purpose and Intent
19.76.020
Procedures for Lot Line Adjustments
19.76.030
Required Findings
19.76.010 Purpose and Intent.
This Chapter is intended to allow for lot line adjustments. A lot line adjustment for
purposes of Chapter 19.76 is a minor boundary adjustment between four or fewer
adjacent lots or parcels where the land taken from one parcel is added to an adjacent
parcel with the original number of parcels remaining unchanged after the adjustment.
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.,
19.76.020 Procedures for Lot Line Adjustments.
A. Application. An application for a lot line adjustment shall be filed in accordance
with the requirements contained in Section 20.90.030 of Title 20. The owners of
the fee interest of all parcels involved shall sign the application form.
B. Required Plans and Materials. In addition to the other application materials
required by Section 20.90.030 of Title 20, an application for a lot line adjustment
shall be accompanied by a map prepared by licensed surveyor or civil engineer
showing the line to be adjusted, the property lines of the adjoining parcels, and
structures adjacent to the line to be adjusted.
C. Planning Department Review. An application for a lot line adjustment shall be
initially reviewed by the Planning Department in accordance with Sections
20.90.040 and 20.90.050 of Title 20.
D. Zoning Administrator. Application for lot line adjustments shall be approved,
conditionally approved, or denied by the Zoning Administrator unless referred to
the Planning Commission pursuant to this Section.
E. Referral to Planning Commission. The Planning Director may determine that an
application should properly be heard by the Planning Commission and may refer
the matter to the Planning Commission for hearing and original determination on
the merits. The procedure for notice and hearings held by the Planning
Commission on such applications shall be in accordance with the same
provisions applicable to lot line adjustments and the Zoning Administrator as set
forth in this Section.
F. Public Hearings. Lot line adjustments shall require a public hearing. Procedures
for noticing and conduct of hearings shall be in accordance with Section
20.93.025 of Title 20.
G. Investigation. The Zoning Administrator shall cause to be made such
investigation of facts bearing upon such application as will serve to provide all
information necessary to assure that the action on each application is consistent
with the intent of this Section and sound planning practices.
H. Required Findings. In approving, conditionally approving, or denying a lot line
adjustment, the Zoning Administrator shall make all applicable findings set forth
in Section 19.76.030.
I. Rendering of Decision. After the conclusion of the hearing on any application for
a lot line adjustment, the Zoning Administrator shall render a decision within ten
(10) days unless otherwise stipulated by the applicant and the Zoning
Administrator.
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