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Home My WebLink About2013-17 - Approving an Amendment to Title 19 of the Municipal Code (Subdivisions) to Revise Findings Required for Mergers of Contiguous LotsORDINANCE NO. 2013 -17 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. 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. City Council Ordinance No. 2013 -17 Page 2 of 3 3. Finding No. 5 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. City Council Ordinance No. 2013 -17 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 Pettus, Hill, Selich, Henn, mayor curry NOES, COUNCIL MEMBERS Gardner ABSENT, COUNCIL MEMBERS Daigle ATTEST: f Leilani I. Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron C. Harp, City Attorney Keith D. Curry, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2013 -17 was duly and regularly introduced on the 10th day of September, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of September, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Petros, Hill, Selich, Henn, Mayor Curry Nays: Gardner Absent: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of September, 2013. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } "o )n Z, POAJ&PA - City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2013 -17 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: September 14, 2013 Adopted Ordinance: September 28, 2013 In witness whereof, I have hereunto subscribed my name this T_ day of U )n Z� OdU �Per 2013. jo� , D�' City Clerk City of Newport Beach, California (Seal)