HomeMy WebLinkAboutSS3 - Amendment to Title 19, SubdivisionCITY OF NEWPORT BEACH
CITY COUNCIL STUDY SESSION STAFF REPORT
Agenda Item No. SS 3
October 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
David Lepo, Planning Director
949 - 644 -3226, dlepo(�citv.newport- beach.ca.us
Makana Nova, Assistant Planner
(949) 644 -3249, mnova(D city. newport- beach . ca.us
SUBJECT: SUPPLEMENTAL INFORMATION: AMENDMENT TO TITLE 19,
"SUBDIVISIONS ", OF THE NEWPORT BEACH MUNICIPAL CODE
(PA2009 -087)
RECOMMENDATION:
Provide guidance to staff on the proposed revisions to Title 19, "Subdivisions ", of the
Newport Beach Municipal Code.
BACKGROUND:
At its meeting August 11, 2009, the City Council asked for additional information with
regard to the proposed lot line adjustment provisions as apply to the re- orientation of
lots; and information on the reverse corner requirements of the Zoning Code. The
original staff report of August 11, 2009 is attached for the Council's information.
SUMMARY
Staff proposes to delete and replace Chapters 19.68 and 19.76, add Section 19.04.035,
and amend Sections 19.04.050, 19.08.030, 19.12.010, 19.12.050, 19.12.060, and
19.64.030 pertaining to the procedures for subdivisions pursuant to the previous draft
ordinance.
Submitted by:
David Lepo
Planning Direct
Prepared by:
Attachments:
Title 19 Amendment
October 13, 2009
Page 2
Makan Nova
Assistant Planner
1. Staff Report dated August 11, 2009
2. Power point presentation provided as separate attachment.
CITY OF NEWPORT BEACH
CITY COUNCIL STUDY SESSION STAFF REPORT
Agenda Item No. SS
August 11, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
David Lepo, Planning Director
949 - 644 -3226, dlepo(a) city. newport- beach. ca. us
Makana Nova, Assistant Planner
(949) 644 -3249, mnova(a-_)city.newport- beach.ca.us
SUBJECT: AMENDMENT TO TITLE 19, "SUBDIVISIONS ", OF THE NEWPORT
BEACH MUNICIPAL CODE (PA2009 -087)
RECOMMENDATION:
Provide guidance to staff on the proposed revisions to Title 19, "Subdivisions ", of the
Newport Beach Municipal Code.
BACKGROUND:
Revisions to Title 19 of the Newport Beach Municipal Code were initiated primarily to
include procedures for review and approval of lot mergers, to remove provisions related
for involuntary lot mergers, and to bring the Code into compliance with the California
Subdivision Map Act.
PROPOSED CHANGES
Substantive, proposed revisions to Title 19 are summarized below.
Procedures
The review process for tentative parcel maps, lot line adjustments, and lot mergers has
been updated to indicate that these applications will be reviewed by the Zoning
Administrator rather than the Modifications Committee. The Modifications Committee
was removed from the Zoning Code and their duties were assigned to the Zoning
Administrator in 2004.
Title 19 Amendment
August 11, 2009
Page 2
In Section 19.04.050, the text was revised to specify the advisory agency and appeal
authority for each subdivision applications. Previously, this section only specified the
review authorities for tentative parcel maps and tentative tract maps. Review authorities
have now been identified for lot line adjustments and lot mergers as well.
The appeal process for tentative maps, lot mergers, and lot line adjustments has been
revised to provide a 10 -day appeal and decision process to be consistent with the
requirements of the Subdivision Map Act.
Language
Changes are proposed to correct minor language and grammatical errors throughout
Title 19. References to sections of the Subdivision Map Act have been changed to refer
to specific Government Code sections. References to the Subdivision Code have been
changed to "Title 19 of the Municipal Code ".
Tentative Parcel Maps
The appeal process for tentative parcel maps has been revised to consolidate the
outdated "call for review' provisions into the appeal procedures. This provides
consistency with current Planning Department procedures and other discretionary
application review processes. A fee requirement was added to the tentative parcel map
appeal process. Fees for appeals are established by City Council resolution.
The criteria for a parcel map waiver in Section 19.08.030 has been adjusted to allow for
the elimination of up to three parcels under this process. Previously, the criteria only
allowed for the elimination of one parcel under a parcel map waiver. Requirements for
consistency with the Local Coastal Plan and any applicable Specific Plan were added to
the required findings for approval of a parcel map waiver.
Lot Mergers
Chapter 19.68 for merger of contiguous lots has been rewritten so that lot mergers are a
process distinct from that for lot line adjustments. The revised lot merger process allows
for review of lot mergers by the Zoning Administrator.
Procedures for required (involuntary) lot mergers have been removed from Title 19.
These reflected provisions of the Subdivision Map Act that at one time allowed cities to
require that nonconforming lots be merged even if no development permit application
for such lots had been submitted. Language in the current code that allows
development on nonconforming lots has been removed and will be included in the
revised zoning code. This change will make the exceptions for nonconforming lots more
readily accessible to property owners and to the development community.
Code provisions relating to project valuation and demolition permits that previously
triggered the lot merger process are revised and added to new Section 19.04.035, to
Title 19 Amendment
August 11, 2009
Page 3
require an instrument of recordation to combine contiguous parcels in order to construct
a new principal or accessory structure that crosses an underlying legal lot line. With this
revision, project applicants are given the option to address this requirement through any
of the applicable subdivision applications specified in Title 19.
Lot Line Adjustments
Revised Chapter 19.76 for lot line adjustments specifies that a lot line adjustment is a
boundary adjustment between four or fewer lots or parcels with the original number of
parcels remaining unchanged after the adjustment, consistent with this requirement. In
order to clarify interpretations that have arisen on recent lot line adjustment applications,
Chapter 19.76 is proposed to be revised to allow the reorientation of existing lot lines
between adjacent lots so as to change the street frontages of such lots, provided the
reorientation would not increase the non - conformity of any resultant lot as to width,
depth, or area. Finally, lot line adjustments have been revised to consolidate and
simplify the required findings for lot line adjustments and specify the types of conditions
which may be imposed on lot line adjustment approvals.
Summary
Staff proposes to delete and replace Chapters 19.68 and 19.76, add Section 19.04.035,
and amend Sections 19.04.050, 19.08.030, 19.12.010, 19.12.050, 19.12.060, and
19.64.030 pertaining to the procedures for subdivisions pursuant to the attached draft
ordinance. Please refer to the redlined and clean copies for a full overview of the
proposed changes (Attachments 1 and 2).
Submitted by: Prepared by:
David Lepo
Planning Director
Attachments:
Makana Nova
Assistant Planner
1. Draft Ordinance Amending Title 19 (redline)
2. Draft Ordinance Amending Title 19 (clean)