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HomeMy WebLinkAbout11 - Subdivision Code Amendment - Title 19CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Amendment to Subdivision Code (Title 19) 13, 1999 11 Patricia L. Temple (949) 644 -3228 ACTION: Approve a budget amendment in the amount S 17,850, and authorize the City Manager to execute a professional services agreement with Lawrence Associates for the preparation of a comprehensive amendment to the Subdivision Code. The Subdivision Code (Title 19 of the Municipal Code) contains local regulations pertaining to the design and processing of subdivisions. Many of these provisions are consistent with the State Subdivision Map Act, and some are customized to the needs of the City of Newport Beach (such condominium conversion and vesting tentative map requirements). Also contained in the Code are design criteria, many of which have become obsolete over time, and which have not been made map requirements for many years. In the review of a recent development application, staff discovered that some provisions of the Subdivision Code have not been appropriately administered. We reviewed the Code and identified a number of areas where the Code should be updated. Since this is a project not previously identified in our work program, there is not available staff to work on this project. Therefore, we have solicited a proposal from the consulting firm of Lawrence Associates to complete this work. This firm has experience with subdivision code updates, and is considered by staff to be very qualified for this project. The proposed scope of services is attached. Submitted by: SHARON Z. WOOD Assistant City Manager 7 Attachments: 1. Scope of Services from Lawrence Associates 2. Budget Amendment Prepared by: PATRICIA L. TEMPLE Planning Director LAWRENCE IV /o c IF a It e s UDDAN PLANNING AND DESIGN November 24, 1999 Patricia Temple Planning Director, Community and Economic Development City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Revised Subdivision Code Dear Ms. Temple: i i_vt r Pi_ti rl plih.:r r1 -.R: �i f1 Ci-r( C `; AM 7 ,' ' IJ.�LV i.. W Li ::i:. i-JI JI`.: 13 10 i? In response to your request, Lawrence Associates is pleased to submit this proposal for consulting services to revise the City's Subdivision Code. The scope of work and cost quotation are based on a study of the existing Code, discussions with you and Don Webb, and review of his memo of November 10: My work will include the following: Ajoint worksession with the City Council and Planning Commission to discuss and receive feedback on the proposed update of existing Subdivision Code provisions. 2. Phone contacts and meetings with City staff as needed to discuss consistency with the Subdivision Map Act, tentative map review procedures, design standards, and other issues. Preparation of revised Subdivision Code, including update of Code provisions, bringing into conformity with the Subdivision Map Act, and addressing issues identified by staff verbally and in the 11/10/99 memo from the Public Works Director (attached). 4. Presentations on the revised Subdivision Code to the Planning Commission, City Council, and others as determined by City staff. 5. Preparation of the exhibits and reports described under WORK PRODUCTS below. The work products to be delivered to the City will include the following: Staff reports to the Planning Commission and City Council, together with draft resolutions and ordinances, hearing notices, maps, and other exhibits necessary to carry public review of the revised Code through adoption. 32092 Via Carlos, San Juan Capistrano, CA 92675 • 949.661.8175 • Fax 949.661.4828 10 0 F- L 6 LAWRENCE ASSOCIATES REVISED SUBDIVISION CODE • 2. The revised Subdivision Code as adopted by the City Council. a. The preceding documents will be in the form of "hard- copy" originals suitable for reproduction, plus computer media compatible with the City's software. 0 `COST Lawrence Associates proposes to complete the Scope of Work detailed in the accompanying proposal for a total fixed fee of $17,850. The above price quotation reflects all labor, overhead, travel, reproduction, and other expenses necessary to complete the Scope of Work and deliver to the City a reproducible original of the adopted Subdivision Code, together with computer media containing all Code text and graphics compatible with the City's software. The cost breakdown is shown in the following table: TASK?AND WORK PRODUCT COST, 1. Research and Consultation: joint CC/PC worksession and 1,700 discussions with Staff, Submission of Outline for Revised Code 2. Submission of Revised Chapters on General Provisions and Tentative Maps, plus retention of Chapters on Vesting 3,400 TTM's and Condo Conversions (with refinements as needed) 3. Submission of Revised Chapters on Subdivision Design/ 4,250 Improvements and Fees/Dedications 4. Submission of Revised Chapters on Final Maps, Definitions, 3,400 and Miscellaneous Procedures (mergers, reversions, etc.) 5. Amendments to preceding Chapters per Staff Feedback; 2,550 Preparation of Full Hearing Draft 6. Preparation of Staff Reports; Attendance at Hearings; 1,700 Submission of Final Draft 7. Finalization and Printing: Submission of Reproducible 850 Original and Computer Disk TOTALS $17,850 2 h, LAWRENCEASSOMTES REVISED SUBDIVISION CODE g, • Lawrence associates will establish and maintain all records and files necessary to demonstrate that the terms and conditions of any contract entered into with the City have been complied with. Such records shall be made available to city, state or federal auditors upon request and shall be maintained for at least three years beyond the expiration date of the contract. I am the principal of Lawrence Associates and the person authorized to bind this proposal and negotiate a contract. If you have any questions concerning the proposal, please call me at 949 - 661 -8175. I look forward to working with you and the City staff on this project. Sincerely, 6ks-;� - Larry L wrence AICP Principal _I 0 • MEMO PUBLIC WORKS DEPARTMENT November 10, 1999 To: City Manager From: Public Works Director Subject: Title 19 — Subdivision Code In general I would say it is time to review this section of the Code and bring it up to date and make sure it is in compliance with the Subdivision Map Act and other standards that the City Council has adopted. The actions that staff has been taking with regard to subdivisions has not varied greatly from the requirements set out in this section of the code and the standards that have been used have been approved by the City Council through other avenues that did not necessarily tie into subdivisions. We need to make sure that the Subdivision Code is rewritten to provide for design standards to be changed automatically when they are modified by the City Council in other arenas such as Public Works Construction. The following provides a brief overview of what needs to be done to update this section of the code. In the definitions, provide for the City Engineer and Public Works Director to be used interchangeable except where the Subdivision Map Act requires actions by the City Engineer. Chapters 19.04 through 19.16 need to be compared with the Subdivision Map Act (SMA) and brought up to date. There does not appear to be any major deficiencies except that there may be some items that conflict with SMA. We want to keep the more restrictive provisions for the vesting tentative maps in Chapter 19.14 and the less restrictive provisions for Condominium conversions in Chapter 19.10. Section 19.16.030 Form and Materials for a Final Map needs updating to allow modern methods to be used to prepare the maps. We no longer use tracing cloth, India ink and typewriters. Computer generated maps on Mylar are now used. Section 19.16.050 Utilization of Established Coordinates needs to be updated to provide for the County grid system and GIS applications. Sections 19.16.060 through 19.16.090 need to be reviewed to improve on the 1950's wording. These sections look like they still apply but we may have some new terms and call outs that need to be added. Sections 19.16.110 through 19.16.130 need to be reviewed to improve on the 1950's wording. 1 of 4 November 1999 . Public Works Memo on Title 19 Subdivision Code Section 19.16.130 has a conflict with Section 19.16.150 in that the former requires the City Engineer to transmit the Final Map to the Planning Commission and latter section requires the Planning Department to submit the Final Map to the City Council. Section. 19.16.160 Agreement for Improvements needs to be reviewed to improve on the 1950's wording. Clarify that the City Council approves Improvements agreements and whether or not assessment district proceeds can be used to satisfy the agreement conditions. Sections 19.16.170 through 19.16.190 related to securities needs to be reviewed to improve on the 1950's wording and make sure that it covers all appropriate securities. The Finance Director needs to be changed to Administrative Services Director. Chapter 19.20 — Design Standards may need the most modifications. There are several old outdated concepts and standards. We may want to make this chapter more generic and rely on City Council approved standards that go along with the ones we use for public works design and construction. Also provisions need to be made to cover standards to be used for private developments and streets. Section 19.20.010 Conformance of Streets and Highways to the Master Plan has not been updated to reflect the presence of the Circulation Element of the General Plan. There are several new classifications that have been provided for and the widths have been changed. Section 19.20.020 Conformance to Proceedings needs to be reviewed by the City Attorney to see if there are nexus issues. Section 19.20.030 Streets and Highways General Conditions needs to be reviewed to improve on the 1950's wording. Paragraph D needs to change the property line corner radius from not less than 30 feet to 25 feet for major streets and state highways and on all others from 20 to 15 feet. This paragraph should also allow for 45° cut off s. This type of specificity in the Code may not be needed and would fit better in the City Council adopted design standards, specifications and drawings. Section 19.20.040 Street and Highway Widths has not been updated to reflect the presence of the Circulation Element of the General Plan. There are several new classifications that have been provided for and the widths have been changed. Also there are provisions for reduced street widths for short cul -de -sac streets, single frontage streets, and loop streets in the City Council approved Standard Drawings. Paragraph G concerning five -foot wide parkways between sidewalks and curbs is not being used in most subdivisions and along arterials. Reference to the Parks, Beaches and Recreation Department needs to be changed. 2 of 4 l9 • • November 1999 Public Works Memo on Tile 19 Subdivision Code 19.20.050 Service Roads and Off - Street Parking is set up to require subdivisions developing along arterials, state highways and freeways to provide a service road if they want their lots to front on these major roadways and have on street public parking. The frontage road is not required if the Planning Commission allows the subdivider to dedicate an area adjacent to the lots for off street parking. Also the Planning Commission may require adequate off - street parking areas for all lots proposed for commercial or industrial uses in addition to a requirement for a serve road. Parking issues might be more appropriately handled in the Zoning Code. At first reading of this section it would appear that we have not been following the section. When dissected we have been using the intent of the section in our approvals by requiring off street parking and limited access for all developments adjacent to arterials, state highways and freeways. In CdM Plaza it could be argued that none of the buildings front on the arterials so that a service road is not required and off street parking was required by the Planning Commission. We may want to modify the section to modernize it but the concept is still valid. Section 19.20.060 Restricted Access — Planting Strips is a little more restrictive than we have been in practice, in that access rights dedications have been required but in some instances a drive is allowed without a specific waiver from the planning Commission and City Council. This wording needs to be adjusted to follow the practice being used. Section 19.20.070 Alleys needs to be modified so that all commercial or industrial usage lots are not required to provide allies. When alleys are provided in commercial or industrial developments a 30- foot wide alley is appropriate. In the last 20 or so years I can't remember when a development like this has been proposed. The residential alley requirement is appropriate. Sections 19.20.080 through 19.20.100 were last modified in 1951 and may need minor wording modifications but the concepts are good. In the 19.20. 100 section we may want to allow easements that don't straddle property lines. The last sentence can be eliminated because we no longer allow overhead utility lines. Section 19.20. 100 Lots needs to be reviewed to see if changes are necessary. Check paragraph C to see if it is compatible with Zoning Code setbacks. Paragraph F needs modifying to allow for alley or joint use access easements to be used. Sections 19.20.120 and 130 are A Section 19.20.140 Master Plan Standard should be reworded to provide for the General Plan and its elements. Section 19.20.150 Land Subject to Inundation should be up dated to comply with current Federal 3 of 4 I November 1999 Public Works Memo on Title 19 Subdivision Code flood plain and insurance requirements. Chapter 19.24 Improvements needs to be modified to conform with the City Council adopted Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction and the Standard Specifications for Public works Construction (Green Book). Wording in older sections needs to be reviewed to see if updating is necessary. Section 19.24.140 Underground Utilities is the instrument that requires undergrounding utilities. We need to review this section to see if it can be tightened up to better regulate those facilities that the utility companies say have to be placed above ground. 19.24.150 Railroad Crossings is a section that can probably be eliminated. Chapter 19.28 Monuments was last modified in 1951 and is still adequate but it should be updated to provide for new technology and practices. Chapter 19.32 Exceptions should be reviewed by the Planning Department to determine the appropriate actions needed. Chapter 19.36 Appeals should be reviewed by the Planning Department to determine the appropriate . actions needed. Chapter 19.40 Penalties for Violations probably needs to be reviewed by the City Attorney to see if it is legal or even appropriate. Chapter 19.50 Park Dedication is probably up to date and appropriate but should be reviewed to see if changes are needed. 4 of 4 i City of Newport Beach NO. BA- 023 BUDGET AMENDMENT 1999 -00 AMOUNT: S17,sso.00 *ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $17,850 to contract Lawrence Associates to prepare a proposed amendment to the Subdivision Code. There have been no prior budget amendments. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control $17,850.00 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 2710 Economic Development Account Number 8080 Services - Professional and Technical NOC $17,850.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: F ancial Approval: Finance-Director Date mod. ,C. Administrative App oval: City Manager Signed: City Council Approval: City Clerk Date