HomeMy WebLinkAboutCA Initiation Subdivision Code (PA2002-239)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
December 5, 2002
TO: Planning Commission
FROM: James Campbell, Senior Planner
(949)644 -3210
campbetl@city.newr)ort-beach.ca.us
SUBJECT: Zoning Code Amendment Initiation — Subdivision Code
PA 2002 -239
ISSUE:
Initiation of an amendment to Title 19 and Title 20 of the Newport Beach Municipal
Code to amend the subdivision regulations related to Lot Line Adjustments, Lot Mergers
and Certificates of Compliance.
RECOMMENDATION:
Adopt resolution of intent.
DISCUSSION:
Introduction:
In late 2001, the City adopted a comprehensive update of the Subdivision Ordinance
(Title 19). Implementation of the new regulations has highlighted to staff the need to
consider several technical and procedural amendments related to Lot line Adjustments,
Lot Mergers and Certificates of Compliance.
Proposed Amendment:
1. Lot Line Adjustments
The definition of a lot line adjustment (LLA) is not identical to the definition contained
within the Subdivision Map Act (SMA), and staff proposes to make them consistent.
The City definition prohibits a net reduction in lots where the SMA definition limits a
LLA to no net increase in lots. By making the definition consistent with the SMA, a
LLA can adjust boundaries and reduce the number of lots if appropriate. Additionally,
staff would like the Commission to consider making some cases that have no
potential to generate impacts or public controversy administrative. I
Subdivision Code
December 5, 2002
Page 2
2. Lot Mergers
The current provisions require a parcel map for the merger of more than 2 lots.
Additionally, mergers require discretionary review by either the Planning
Commission or Modifications Committee. These provisions have proven overly
bureaucratic and burdensome to small projects when it is the policy of the City to
consolidate old nonconforming lots when development is proposed. Staff proposes
to eliminate the parcel map requirement and make the entire process administrative,
while ensuring due process rights for involuntary mergers initiated by the City are
maintained. This amendment is important to consider as some residential projects
have been and will be significantly delayed without a change in regulations.
3. Certificates of Compliance
A Certificates of Compliance is an instrument and procedure used to validate, and
document, questionable lot configurations. Lot lines are neither eliminated nor are
they moved to a new position. The record history of the lot is researched and
depending upon the date that it was created, the City may have the opportunity to
require compliance with applicable regulations. The current provisions in Title 19
simply reference the SMA. Staff proposes to expand the section consistent with the
SMA to be more informative. Additionally, staff proposes to clarity the procedure and
approving authority.
Staff has not drafted the specific language of the amendments at this time, but requests
that the Commission adopt the attached resolution of intent to amend Title 19
(Subdivisions) and Title 20 (Zoning). Most of the changes will occur in Title 19, however,
staff has included Title 20 in the requested initiation as cross references may exist.
Environmental Review:
None required for the initiation of amendments.
Public Notice:
None required for the initiation of amendments.
Prepared by:
)W
ames W. Campbell
Senior Planner
Attachments: Resolution of intent
Submitted by:
2Le�& � 1�
Patricia L. Temple
Planning Director
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RESOLUTION NO. 002-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH INITIATING AN
AMENDMENT TO TITLE 19 & TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE TO CONSIDER
AMENDMENTS RELATED TO LOT LINE ADJUSTMENTS,
LOT MERGERS AND CERTIFICATES -OF COMPLIANCE
(PA 2002 -239).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution initiating amendments to the Zoning Code of
the City of Newport Beach.
Section 2. The Planning Commission intends to initiate an amendment to
revise Title 19 (Subdivisions) and possibly to Title 20 (Zoning) of the Newport Beach
Municipal Code to modify regulations related to Lot Line Adjustments, Lot Mergers and
Certificates of Compliance.
Section 3. The Planning Commission hereby initiates an amendment to Title 19
and Title 20 of the Newport Beach Municipal Code related to Lot Line Adjustments, Lot
Mergers and Certificates of Compliance.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2002.
W
M
Steven Kiser, Chairman
Shant Agajanian, Secretary
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