The URL can be used to link to this page

Home My WebLink About17 - Lot Merger Findings_ PA2013-172CITY OF o e NEWPORT C'9GIFORH\P City Council Staff Report Agenda Item No. 17 September 10, 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 L_AI�fpfl'anning Manager TITLE: / - Amen�, ment to Title 19, Subdivision Code, Revising the Required ( /Findi'ngs for Lot Mergers (PA2013 -172) ABSTRACT: An amendment to Section 19.68.030 (H) of Title 19 (Subdivisions) to revise the finding required to approve the merger of contiguous lots. RECOMMENDATION: 1. Conduct a public hearing; and 2. Find that the proposed amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061.b.3 of the CEQA Guidelines; and 3. Introduce Ordinance No. 2013- 17 (Attachment CC 1) approving Code Amendment CA2013 -004 and pass to second reading on September 24, 2013. DISCUSSION: Background On July 23, 2013, the City Council received and considered the Planning Commission's findings and recommendations on how the City should address applications for the merger of residential lots. The Planning Commission recommended that the City Council revise one of the findings required to approve a lot merger to provide better guidance to decision makers. The City Council accepted the Planning Commission's recommendation and directed staff to process an amendment to revise this finding. 1 Lot Merger Findings September 10, 2013 Page 2 Analysis Section 19.68.030 (H) (5) of the Subdivision Code requires a finding that "the lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development." The Planning Commission noted that both the Planning Commission and the City Council have struggled with this vague and ambiguous language. The Planning Commission recommended that this finding be revised to provide better guidance to decision makers as to the type of lot mergers the City is attempting to avoid. The recommended revisions to the finding are shown below: "5. The lots as merged will be consistent with the serreunding pattern of development and develepnaent nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and /or adioining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and /or adioining lots. C. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the Zoning District." The Planning Commission found a merged lot may be consistent with other lots in the larger neighborhood in terms of lot area and width, yet could still be incompatible with the lots that adjoin it and /or those adjacent. Therefore, the Planning Commission recommended using these terms to place a greater emphasis on the compatibility of a proposed lot merger with those properties that are closest to it. The proposed revised finding uses Zoning Code terms of "adjoining" and "adjacent' to make distinctions between the proximity of the surrounding development. "Adjoining" is defined as "contiguous to, having district boundaries or lot lines in common ;" while "adjacent' is defined as the condition of being near to, or close to, but not having a common boundary or dividing line." "Nearby' is not defined in the Zoning Code, so the common meaning of the term is used, which is synonymous with "neighborhood." It should be noted that no lot merger applications are currently on file with the City. ENVIRONMENTAL REVIEW: This item is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with 2 Lot Merger Findings September 10, 2013 Page 3 certainty that there is no possibility that this amendment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: LC / L � -01(1-44(adw /d IM /L[iM. 0011iri -110 CC 1. Draft Ordinance 3 4 Attachment No. CC 1 Draft Ordinance 5 0 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 19 OF THE MUNICIPAL CODE (SUBDIVISIONS) TO REVISE FINDINGS REQUIRED FOR MERGERS OF CONTIGUOUS LOTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Chapter 19.68 of the Newport Beach Municipal Code provides for the merger of contiguous parcels consistent with the State Subdivision Map Act. 2. On February 12, 2013, the City Council directed the Planning Commission to conduct a review and make recommendations on how to address future lot merger applications. 3. On May 9, June 6, and June 20, 2013, the Planning Commission conducted discussions on lot mergers and voted (4 -1) to send their findings and recommendations to the City Council. 4. On July 23, 2013, the City Council accepted the Planning Commission's recommendation and directed staff to process an amendment to revise Finding No. 5 of Section 19.68.030 (H) (Lot Mergers — Required Findings) of the Subdivision Code. 5. A public hearing was held on September 10, 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. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. SECTION 3. FINDINGS. 1. Section 19.68.030 (H) of the Newport Beach Municipal Code requires certain findings to be made prior to the approval of a lot merger. Finding No. 5 of Section 19.68.030 (H) reads as follows: "The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development." 2. A proposed merged lot may be consistent with other lots in the larger neighborhood in terms of lot area and width, yet could still be incompatible with the lots that adjoin it and /or those adjacent to it. 7 City Council Ordinance No. 2013 -_ Page 2 of 3 3. Finding No. 5 should to be revised to should be revised to provide more direction to the reviewing authority. 4. Finding No. 5 should be revised to place a greater emphasis on the compatibility of a proposed lot merger with those properties that are closest to it. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 19.68.030 (H) (Lot Mergers - Required Findings) is hereby amended to revise Finding No. 5 to read: "5. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and /or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and /or adjoining lots. C. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the Zoning District." Section 2: 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 3: This action shall become final and effective thirty (30) days after the adoption of this Ordinance. Section 4: 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. N City Council Ordinance No. 2013 -_ Page 3 of 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of September, 2013, and adopted on the 24th day of September, 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMB MAYOR Keith D. Curry ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE 1OF CITY ATTORNEY: Y k �/l�l� r Aaron C. Harp, City Attorn y �{ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 10, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The public hearing of the City of Newport Beach will consider the following application: Lot Merger Required Findings Amendment - An amendment to Section 19.68.030 (H) of Title 19 (Subdivisions) to revise the finding required to approve the merger of contiguous lots. This item is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this amendment will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 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 Chapter 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 City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 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 details of the project please contact Patrick J. Alford, at (949) 644 -3235 or palford(a)newportbeachca.gov. Project File No.: PA2013 -172 Zone: All Location: City -wide Tmplt: 04 -02 -13 Activity No.: CA2013 -004 General Plan: All Applicant: City of Newport Beach Uc ay�_ Cristal McDonald, Deputy City Clerk City of Newport Beach HL"NED 2013 SEP 13 Ali 8: 08 Cr I( STATE OF CALIFORNIA) rC "! ) 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, August 31, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on September 4, 2013 at Los Angeles, California 1 11/1 malz -11