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HomeMy WebLinkAboutS25 - Lot Line AdjustmentsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 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: r! Sharon Wood Assistant City Manager Attachments: Exhibit "A" Ordinance Amending Title 19 Prepared by: 5-aivid Lepo / Existing Lots Resulting Lots SIDE STREET SIDE STREET 35' 35' 39 w 2100 s. f. w o s 2100 s. f. 2100 s. f. 0 cr U- 37 2100 s. f. Exhibit A 626 _Bay_Ave_W_Setback_Analysis.mxd Julyl2008 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. 1 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. 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. r, J. Effective Date and Appeals. Decisions on lot line adjustments shall not become effective for ten (10) days after being granted. Appeals shall be made in accordance with the provisions for appeal of tentative parcels maps, as set forth in Section 19.12.060. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. The lot line adjustment shall only become effective when the lot line adjustment instrument specifying the owners of the fee interest and particularly describing the real property is approved by the City in writing and the instrument is filed for recordation with the County Recorder. K. Expiration and Amendments. Expiration of and amendments to lot line adjustment approvals shall be in accordance with Sections 20.93.050 20.93.055 of Title 20. 19.76.030 Required Findings. In approving, conditionally approving, or denying a lot line adjustment, the Zoning Administrator shall find that the parcels proposed to be created by the lot line adjustment conform to the zoning and building ordinances, except that the Zoning Administrator shall approve any lot line adjustment where the number of the resultant parcels created by the lot line adjustment remains unchanged and none of the parcels are more nonconforming as to lot width and area than the parcels that existed prior to the lot line adjustment. SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion- of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage to this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper, and it shall become effective thirty (30) days after its adoption. SECTION 4. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 9, 2009, and adopted on June 23, 2009 by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS i MAYOR Edward Selich ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney for the City of Newport Beach 0