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HomeMy WebLinkAboutSS5 - Title 19 Amendment - SubdivisionsCITY OF NEWPORT BEACH CITY COUNCIL STUDY SESSION STAFF REPORT Agenda Item No. SSs August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 - 644 -3226, dlepo(cbcity.newport- beach.ca.us Makana Nova, Assistant Planner (949) 644 -3249, mnova(cD-city.newport- beach.ca.us SUBJECT: AMENDMENT TO TITLE 19, "SUBDIVISIONS ", OF THE NEWPORT BEACH MUNICIPAL CODE (PA2009 -087) RECOMMENDATION: Provide guidance to staff on the proposed revisions to Title 19, "Subdivisions ", of the Newport Beach Municipal Code. BACKGROUND: Revisions to Title 19 of the Newport Beach Municipal Code were initiated primarily to include procedures for review and approval of lot mergers, to remove provisions related for involuntary lot mergers, and to bring the Code into compliance with the California Subdivision Map Act. PROPOSED CHANGES Substantive, proposed revisions to Title 19 are summarized below Procedures The review process for tentative parcel maps, lot line adjustments, and lot mergers has been updated to indicate that these applications will be reviewed by the Zoning Administrator rather than the Modifications Committee. The Modifications Committee was removed from the Zoning Code and their duties were assigned to the Zoning Administrator in 2004. Title 19 Amendment August 11, 2009 Page 2 In Section 19.04.050, the text was revised to specify the advisory agency and appeal authority for each subdivision applications. Previously, this section only specified the review authorities for tentative parcel maps and tentative tract maps. Review authorities have now been identified for lot line adjustments and lot mergers as well. The appeal process for tentative maps, lot mergers, and lot line adjustments has been revised to provide a 10 -day appeal and decision process to be consistent with the requirements of the Subdivision Map Act. Language Changes are proposed to correct minor language and grammatical errors throughout Title 19. References to sections of the Subdivision Map Act have been changed to refer to specific Government Code sections. References to the Subdivision Code have been changed to `Title 19 of the Municipal Code ". Tentative Parcel Maps The appeal process for tentative parcel maps has been revised to consolidate the outdated "call for review" provisions into the appeal procedures. This provides consistency with current Planning Department procedures and other discretionary application review processes. A fee requirement was added to the tentative parcel map appeal process. Fees for appeals are established by City Council resolution. The criteria for a parcel map waiver in Section 19.08.030 has been adjusted to allow for the elimination of up to three parcels under this process. Previously, the criteria only allowed for the elimination of one parcel under a parcel map waiver. Requirements for consistency with the Local Coastal Plan and any applicable Specific Plan were added to the required findings for approval of a parcel map waiver. Lot Mergers Chapter 19.68 for merger of contiguous lots has been rewritten so that lot mergers are a process distinct from that for lot line adjustments. The revised lot merger process allows for review of lot mergers by the Zoning Administrator. Procedures for required (involuntary) lot mergers have been removed from Title 19. These reflected provisions of the Subdivision Map Act that at one time allowed cities to require that nonconforming lots be merged even if no development permit application for such lots had been submitted. Language in the current code that allows development on nonconforming lots has been removed and will be included in the revised zoning code. This change will make the exceptions for nonconforming lots more readily accessible to property owners and to the development community. Code provisions relating to project valuation and demolition permits that previously triggered the lot merger process are revised and added to new Section 19.04.035, to Title 19 Amendment August 11, 2009 Page 3 require an instrument of recordation to combine contiguous parcels in order to construct a new principal or accessory structure that crosses an underlying legal lot line. With this revision, project applicants are given the option to address this requirement through any of the applicable subdivision applications specified in Title 19. Lot Line Adjustments Revised Chapter 19.76 for lot line adjustments specifies that a lot line adjustment is a boundary adjustment between four or fewer lots or parcels with the original number of parcels remaining unchanged after the adjustment, consistent with this requirement. In order to clarify interpretations that have arisen on recent lot line adjustment applications, Chapter 19.76 is proposed to be revised to allow the reorientation of existing lot lines between adjacent lots so as to change the street frontages of such lots, provided the reorientation would not increase the non- conformity of any resultant lot as to width, depth, or area. Finally, lot line adjustments have been revised to consolidate and simplify the required findings for lot line adjustments and specify the types of conditions which may be imposed on lot line adjustment approvals. Summary Staff proposes to delete and replace Chapters 19.68 and 19.76, add Section 19.04.035, and amend Sections 19.04.050, 19.08.030, 19.12.010, 19.12.050, 19.12.060, and 19.64.030 pertaining to the procedures for subdivisions pursuant to the attached draft ordinance. Please refer to the redlined and clean copies for a full overview of the proposed changes (Attachments 1 and 2). Submitted by: David Lepo Planning Director Attachments: Prepared by: M kana ova Assistan Planner 1. Draft Ordinance Amending Title 19 (redline) 2. Draft Ordinance Amending Title 19 (clean) Attachment No. CC 1 Draft Ordinance Amendment Title 19 (redline) 7 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 DEVELOPMENT ACROSS LOT LINES, THE AUTHORITY OF THE ZONING ADMINISTRATOR, LOT MERGERS AND 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, it is the City's desire to simplify the procedure for the processing of voluntary lot mergers of contiguous lots under one fee ownership initiated by the owner of the fee interest and eliminate the provisions for required lot mergers; and WHEREAS, City staff found it necessary to amend Title 19 of the Municipal Code to update the language of Title 19 of the Municipal Code to change references to the Zoning Administrator from the Modification Committee, clarify language related to lot line adjustments, and provide for an updated review process separate from lot line adjustments by which the owner of the fee interest initiated lot mergers can be reviewed and acted upon; and WHEREAS, pursuant to Section 66499.20 3/4 of the Government Code, a city or local agency may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage, provided the ordinance requires the recordation of an instrument evidencing the merger; and WHEREAS, the proposed action is not defined as a project and does not require environmental review under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project and does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Section 15378 of the CEQA Guidelines); and WHEREAS, after providing notice in accordance with law, the City Council conducted a public hearing on , 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: Section 19.04.035 of Chapter 19.04 of Title 19 shall be added to read as follows: 1 19.04.035 Development Across Property Lines. No person shall develop any structure including, but not limited to, a principal or accessory structure across lot lines. SECTION 2: Section 19.04.050 of Chapter 19.04 of Title 19 shall be amended to read as follows: 19.04.050 Advisory Agencies and Appeal Boards (66415, 66416). Pursuant to Government Code section 66415, the Planning Commission is hereby designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator Med +fie -at+oas -Cn rnittee -is designated as the City's Advisory Agency for review of tentative parcel maps lot mergers and lot line adjustments. The duties, responsibilities, and authority for tentative map review by the Planning Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Government Code Section 66416. tThe Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission. SECTION 3: Section 19.08.030 of Chapter 19.08 of Title 19 shall be amended to read as follows: 19.08.030 Waiver of Parcel Map Requirement (66428). A. Activities Eligible for Waiver. The Zoning Administrator may waive all or part of the requirements for a tentative and final parcel map in the following cases: 1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or 2. Division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, and similar facilities; or 3. VoWntary- Mmergers resulting in the net elimination of no more than three (3) eae parcels; or 4. A division requiring a parcel map imposed by Section 66426 of the Government Code. B. Filing Requirements. Application for a parcel map waiver shall be made on forms provided by the Planning Department and shall include such items as may 2 reasonably be required to make the necessary findings. A filing fee shall be paid as established by resolution of the City Council. C. Required Findings. In waiving a parcel map requirement, the Zoninq Administrator Mad fi-- TC ---.— -.;tom shall make findings that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of Title 19 ode, the Zoning Code, the + General Plan. , and any applicable Coastal Plan or Specific Plan, D. Conditions on Parcel Map Waiver. The Zoning Administrator Medifieat}ens Ce�may condition the waiver of parcel map requirements to provide for, among other things, payment of parkland, drainage, and other fees required for subdivisions by Title 19. E. Instrument Filed for Record CeFtf'Gate of Compliance Upon Parcel Map Waiver. Upon approval of a parcel map waiver, the applicant shall file a document, fee interest and particularly describing the real property with a site map for recordation with the County Recorder. SECTION 4: Section 19.12.010 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.010 Tentative Map Review Authority. The Planning Commission shall have the authority to approve, conditionally approve, or deny, tentative tract maps and tentative parcel maps referred to the Planning Commission for review by the Zoning Administrator. The Zoning Administrator ModifiGatiens Committee shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060. SECTION 5: Section 19.12.050 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.050 Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9). A. Review by Planning Commission. Tentative tract maps shall be reviewed and approved, conditionally approved or denied by the Planning Commission. Decisions by the Planning Commission shall become final ten 10 44 days after the action unless appealed within the time limits specified in this Section. B. Staff Report. After review and analysis of a tentative tract map, the Planning Director shall forward a report, together with a recommendation of approval, approval subject to conditions, or denial to the Planning Commission. Also, at least three (3) days prior to any hearing or action on the tentative tract map, the staff report shall be sent to the subdivider, to each fee owner of the subject property if other than the subdivider, and, in the case of a proposed conversion to a condominium, community apartment or stock cooperative project, to each tenant of the subject property. C. Public Hearings. Public hearings shall be noticed and held in accordance with Sections 65090, 65091, and 66451.3 of the Government Code and City procedures. D. Time Limits for Action on Map. 1. Time Limits When No EIR is Required. If the City determines that no environmental impact report (EIR) is required for review of a tentative tract map, within fifty (50) days of the adoption of a negative declaration or other determination that no EIR is required, the Planning Commission shall hold a public hearing to receive testimony and thereafter shall approve, conditionally approve, or deny the tentative tract map within said fifty (50) day period unless a time extension is mutually agreed upon pursuant to this Section. 2. Time Limits When EIR is Required. If an environmental impact report is prepared for the tentative tract map, the preceding fifty (50) day time period shall not commence until the date of certification of the EIR as complete. E. Extension of Time Limits. 1. Extension by Mutual Consent. The time limits specified in this Chapter for reporting and acting on a tentative tract map may be extended by mutual consent of the subdivider and the City. 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to Title 19, the Planning Director shall determine whether or not the City is able to meet the time limits specified in this Chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such time limits, subject to the provisions, requirements and limitations of Section 66451.1 of the Government Code. F. Required Findings. In approving or denying a tentative tract map, the Planning Commission shall make all applicable findings set forth in Section 19.12.070. 4 G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this Section or within any authorized extension thereof per this Section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Government Code and the City of Newport Beach Municipal Code. It shall be the duty of the City Clerk to certify said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Subsection 1 of this Section. H. No Denial to Comply with Time Limits. Pursuant to Section 66451.4 of the Government Code, no tentative tract map shall be denied to comply with the time limits specified in this Section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this Section. Appeals. 1. Appeal by Interested Person. Any interested person including a City Councilmember, may appeal any action of the Planning Commission regarding a tentative tract map to the City Council Any appeal filed by a City Councilmember in accordance with this section shall be considered a call for review and the City Councilmember shall not be considered an aggrieved person based on the fact that the City Council member filed the appeal. WIN a _x. - ss: s. x - s s - e• s. x• --Al IN ft 2.3- Time Limits for Filing. Appeals shall be filed with within ten (10) days after the action of the Planning filing of an appeal, the original decision shall be shall be set for public hearing. 5 the Planning Director Commission. Upon the stayed and the matter 3. Fees. Any appeal filed by a person other than a Councilmember shall be accompanied by a fee set by resolution of the City Council pursuant to Section 66451.2 of the Government Code. 4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal. The appeal hearing shall be noticed in accordance with Sections 65090, 65091 and 66451.3 of the Government Code and shall be held within thirty (30) days after filing of the appeal. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal. 5. Effect of Inaction. If the City Council does not make a decision on an appeal within the time limits specified, the tentative tract map, insofar as it complies with the Subdivision Map Act and Title 19, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval. J. Indemnification of City. Pursuant to Section 66474.9 of the Government Code, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under Section 66499.37 of the Government Codesf —the The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense. SECTION 6: Section 19.12.060 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.060 Review of Tentative Parcel Maps (66451.1, 66463 et seq., 66474.9). A. Review by Zoning AdministratorModifications Committee. 1. Authority. Tentative parcel maps shall be reviewed and approved conditionally approved or denied and acted pen--by the Zoning Administrator ModifiGatiORS Committee unless the Planning Director determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. 2. Procedures. The provisions for tentative tract maps set forth in Section R • FAMOMMeTTEROMME : • • -•_ • • -•• - - s. MWIFIN - 3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10) days after the action unless appealed within the time limits specified in Paragraph B of this Section. B. Appeal of Zoning Administrator MGdAcat ono,;,^ ;}tee Action. 1. Appeal by Interested Person. Anv interested person, including a Plannin Commissioner or City Councilmember. may appeal any action of the Zoning Administrator regardjn_q a tentative parceJ map to the Planning Commission, except that, in accordance with Government Code section 66463.5, an appeal of a denial of a tentative parcel map extension shall be ard by the City Council. Appeal may : real- -- - 2. Time Limits for Filing. Appeals shall be filed with the Planning Director within ten (10) 44 - -Rays after the action of the Zoning AdministratorIVIG& GatIOR^ Committee, except that in accordance with Government Code Section 66463.5 of the SMP, an appeal of a denial of a tentative parcel map extension shall be heard by City Council of theSAAA, extension shall be 15 days after the action of the Zonis Administrator. VA - - - Mati - •a - - 2. Time Limits for Filing. Appeals shall be filed with the Planning Director within ten (10) 44 - -Rays after the action of the Zoning AdministratorIVIG& GatIOR^ Committee, except that in accordance with Government Code Section 66463.5 of the SMP, an appeal of a denial of a tentative parcel map extension shall be heard by City Council of theSAAA, extension shall be 15 days after the action of the Zonis Administrator. VA The time liFait fer iRitiat'n^ .+ ^II fe eview by the Q^°,^,issi^^ h ^11 he 14 days. Upon the filing of an appeal -er--a salt ter review, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by a person other than a Councilmember or Planning Commissioner shall be accompanied by a fee set by resolution of the City Council. C. Further Appeal. Any action by the Planning Commission, when acting as the Appeal Board -en-a- esisie bem �, or any decision deemed affirmed due to Planning Commission inaction within the specified time limits may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Section 19.12.050. SECTION 7: Section 19.64.030 of Chapter 19.64 of Title 19 shall be amended to read as follows: 19.64.030 General Requirements. A. Where Permitted. If approved under the provisions of this Chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R -1.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted. B. Subdivision Required. All condominium conversions subject to this Chapter shall require approval of tentative and final subdivision maps. C. Review Responsibilities. Condominium conversions containing 5 or more units shall be reviewed by the Planning Commission via a tentative tract map. Condominium projects or conversions containing 4 or less units shall be reviewed by the Zoning Administrator CA-WAl tee via a tentative parcel map. D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval per Title 20 (Zoning Code), and (2) the applicable provisions of Title 19 . SECTION 8: Chapter 19.68 of Title 19 shall be deleted in its entirety and amended to read as follows: CHAPTER 19.68 MERGER OF CONTIGUOUS LOTS 93 Sections: 19.68.010 Purpose and Intent 19.68.020 Lot Mergers 19.68.010 Purpose and Intent. The provisions of this Chapter are intended to provide for the merger of parcels as authorized by Section 66499 20 3/4 of the Government Code These provisions are intended to be consistent with the state Subdivision Map Act and shall be so construed 19.68.020 Lot Mergers. A Application Mergers of contiguous lots under one fee ownership may be initiated bV the owner of the fee interest. An application for a lot merger shall be filed in a manner consistent with the requirements contained in Section 20.90.030 of Title 20 (Application Filing and Fees). Application for merger of contiguous parcels shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. An application shall be accompanied bV a fee set by resolution of the City Council. B. Required Plans and Materials In addition to the other application materials required bV Section 20.90.030 of Title 20 an application for a lot merger shall be accompanied bV a map prepared by licensed surveyor or civil engineer showing the lots to be merged the property lines of the adjoining parcels and structures on and adjacent to the lots to be merged. C. Planning Department Review. An application for a lot merger 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 merger shall be approved conditionally approved or denied bV 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 bV 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 bV the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this Section. F. Public Hearings. Lot mergers shall require a public hearing before the Zoning Administrator. Procedures for noticing and conduct of hearings shall be in accordance with Section 20.93.025 of Title 20. N 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 All of the following findings shall be made prior to approval of a lot merger: 1. Approval of the merger will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of Title 19 and 2 The lots to be merged are under common fee ownership at the time of the merger; and 3 The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including but not limited to the General Plan and any applicable Coastal Plan or Specific Plan; and 4 Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Conditions of Approval. The Zonina Administrator may condition a lot_ merger to account for the impacts of the lot merger including among other things, public improvements as well as the pavment of parkland, drainage, and other fees required for subdivisions by Title 19. J Rendering of Decision. After the conclusion of the hearing on any application for a lot merger, the Zoning Administrator shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator. K Effective Date and Appeals Decisions on lot mergers 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 staved and the matter shall be set for public hearing. L Instrument Filed for Record Upon Parcel Map Waiver. Upon approval of a lot merger. the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly 10 describing the real property with a site map for recordation with the County Recorder. M. Waiver of Concurrent Parcel Map. In accordance with Section 19.08.030 the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. If a merger involves the elimination of more than three parcels tentative and final parcel maps shall be required. N. Expiration and Amendments Expiration of and amendments to lot merger approvals shall be in accordance with Sections 20.93.050 and 20.93.055 of the Title 20. SECTION 9: 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 adiacent 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. 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 adiacent to the line to be adiusted. C. Planning Department Review. An application for a lot line adjustment shall be 11 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 Plannina Commission. The Plannina 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 conditionallV approving or denying a lot line adjustment. the Zoning Administrator shall make all applicable findings set forth in Section 19.76.030. I. 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. 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 staved 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 and 20.93.055 of Title 20. 12 19.76.030 Required Findings. In approving a lot line adjustment the following specific findings shall be made A. That the establishment, maintenance or operation of the use of the propertv or building will not under the circumstances of the particular case be detrimental to the health safety, peace comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of Title 19 B. The number of resultant parcels created by the lot line adjustment remains unchanged. C. The lot line adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a lot line adjustment as long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment. SECTION 10. 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 11. 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 12. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on, 2009, and adopted on_-, 2009 by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR Edward Selich 13 ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: David R. Hunt, City Attorney for the City of Newport Beach Im 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 DEVELOPMENT ACROSS LOT LINES, THE AUTHORITY OF THE ZONING ADMINISTRATOR, LOT MERGERS AND 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, it is the City's desire to simplify the procedure for the processing of voluntary lot mergers of contiguous lots under one fee ownership initiated by the owner of the fee interest and eliminate the provisions for required lot mergers; and WHEREAS, City staff found it necessary to amend Title 19 of the Municipal Code to update the language of Title 19 of the Municipal Code to change references to the Zoning Administrator from the Modification Committee, clarify language related to lot line adjustments, and provide for an updated review process separate from lot line adjustments by which the owner of the fee interest initiated lot mergers can be reviewed and acted upon; and WHEREAS, pursuant to Section 66499.20 3/4 of the Government Code, a city or local agency may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage, provided the ordinance requires the recordation of an instrument evidencing the merger; and WHEREAS, the proposed action is not defined as a project and does not require environmental review under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project and does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Section 15378 of the CEQA Guidelines); and WHEREAS, after providing notice in accordance with law, the City Council conducted a public hearing on , 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: Section 19.04.035 of Chapter 19.04 of Title 19 shall be added to read as follows: 1 19.04.035 Development Across Property Lines. No person shall develop any structure including, but not limited to, a principal or accessory structure across lot lines. SECTION 2: Section 19.04.050 of Chapter 19.04 of Title 19 shall be amended to read as follows: 19.04.050 Advisory Agencies and Appeal Boards (66415, 66416). Pursuant to Government Code section 66415, the Planning Commission is hereby designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator is designated as the City's Advisory Agency for review of tentative parcel maps, lot mergers, and lot line adjustments. The duties, responsibilities, and authority for tentative map review by the Planning Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Government Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission. SECTION 3: Section 19.08.030 of Chapter 19.08 of Title 19 shall be amended to read as follows: 19.08.030 Waiver of Parcel Map Requirement (66428). A. Activities Eligible for Waiver. The Zoning Administrator may waive all or part of the requirements for a tentative and final parcel map in the following cases: 1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or 2. Division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, and similar facilities; or 3. Mergers resulting in the net elimination of no more than three (3) parcels; or 4. A division requiring a parcel map imposed by Section 66426 of the Government Code. B. Filing Requirements. Application for a parcel map waiver shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. A filing fee shall be paid as established by resolution of the City Council. 2 C. Required Findings. In waiving a parcel map requirement, the Zoning Administrator shall make findings that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. D. Conditions on Parcel Map Waiver. The Zoning Administrator may condition the waiver of parcel map requirements to provide for, among other things, payment of parkland, drainage, and other fees required for subdivisions by Title 19. E. Instrument Filed for Record Upon Parcel Map Waiver. Upon approval of a parcel map waiver, the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the County Recorder. SECTION 4: Section 19.12.010 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.010 Tentative Map Review Authority. The Planning Commission shall have the authority to approve, conditionally approve, or deny, tentative tract maps and tentative parcel maps referred to the Planning Commission for review by the Zoning Administrator. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060. SECTION 5: Section 19.12.050 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.050 Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9). A. Review by Planning Commission. Tentative tract maps shall be reviewed and approved, conditionally approved or denied by the Planning Commission. Decisions by the Planning Commission shall become final ten (10) days after the action unless appealed within the time limits specified in this Section. B. Staff Report. After review and analysis of a tentative tract map, the Planning Director shall forward a report, together with a recommendation of approval, approval subject to conditions, or denial to the Planning Commission. Also, at least three (3) days prior to any hearing or action on the tentative tract map, the staff report shall be sent to the subdivider, to each fee owner of the subject 3 property if other than the subdivider, and, in the case of a proposed conversion to a condominium, community apartment or stock cooperative project, to each tenant of the subject property. C. Public Hearings. Public hearings shall be noticed and held in accordance with Sections 65090, 65091, and 66451.3 of the Government Code and City procedures. D. Time Limits for Action on Map. 1. Time Limits When No EIR is Required. If the City determines that no environmental impact report (EIR) is required for review of a tentative tract map, within fifty (50) days of the adoption of a negative declaration or other determination that no EIR is required, the Planning Commission shall hold a public hearing to receive testimony and thereafter shall approve, conditionally approve, or deny the tentative tract map within said fifty (50) day period unless a time extension is mutually agreed upon pursuant to this Section. 2. Time Limits When EIR is Required. If an environmental impact report is prepared for the tentative tract map, the preceding fifty (50) day time period shall not commence until the date of certification of the EIR as complete. E. Extension of Time Limits. 1. Extension by Mutual Consent. The time limits specified in this Chapter for reporting and acting on a tentative tract map may be extended by mutual consent of the subdivider and the City. 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to Title 19, the Planning Director shall determine whether or not the City is able to meet the time limits specified in this Chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such time limits, subject to the provisions, requirements and limitations of Section 66451.1 of the Government Code. F. Required Findings. In approving or denying a tentative tract map, the Planning Commission shall make all applicable findings set forth in Section 19.12.070. G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this Section or within any Il authorized extension thereof per this Section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Government Code and the City of Newport Beach Municipal Code. It shall be the duty of the City Clerk to certify said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Subsection I of this Section. H. No Denial to Comply with Time Limits. Pursuant to Section 66451.4 of the Government Code, no tentative tract map shall be denied to comply with the time limits specified in this Section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this Section. Appeals. 1. Appeal by Interested Person. Any interested person, including a City Councilmember, may appeal any action of the Planning Commission regarding a tentative tract map to the City Council. Any appeal filed by a City Councilmember in accordance with this section shall be considered a call for review and the City Councilmember shall not be considered an aggrieved person based on the fact that the City Council member filed the appeal. 2. Time Limits for Filing. Appeals shall be filed with the Planning Director within ten (10) days after the action of the Planning Commission. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by a person other than a Councilmember shall be accompanied by a fee set by resolution of the City Council pursuant to Section 66451.2 of the Government Code. 4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal. The appeal hearing shall be noticed in accordance with Sections 65090, 65091 and 66451.3 of the Government Code and shall be held within thirty (30) days after filing of the appeal. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal. 5. Effect of Inaction. If the City Council does not make a decision on an appeal within the time limits specified, the tentative tract map, insofar as it complies with the Subdivision Map Act and Title 19, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval. 5 J, Indemnification of City. Pursuant to Section 66474.9 of the Government Code, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under Section 66499.37 of the Government Code. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense. SECTION 6: Section 19.12.060 of Chapter 19.12 of Title 19 shall be amended to read as follows: 19.12.060 Review of Tentative Parcel Maps (66451.1, 66463 et seq., 66474.9). A. Review by Zoning Administrator. 1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally approved or denied by the Zoning Administrator unless the Planning Director determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. 2. Procedures. The provisions for tentative tract maps set forth in Section 19.12.050 Subsections (B) though (H) and (J), regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps. 3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10) days after the action unless appealed within the time limits specified in Paragraph B of this Section. B. Appeal of Zoning Administrator Action. 1. Appeal by Interested Person. Any interested person, including a Planning Commissioner or City Councilmember, may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission, except that, in accordance with Government Code section 66463.5, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council. 2. Time Limits for Filing. Appeals shall be filed with the Planning Director within ten (10) days after the action of the Zoning Administrator except that in accordance with Government Code Section 66463.5, an appeal of N a denial of a tentative parcel map extension shall be heard by City Council the time limit for filing appeals on denials of a tentative parcel map extension shall be 15 days after the action of the Zoning Administrator. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by a person other than a Councilmember or Planning Commissioner shall be accompanied by a fee set by resolution of the City Council. C. Further Appeal. Any action by the Planning Commission, when acting as the Appeal Board, or any decision deemed affirmed due to Planning Commission inaction within the specified time limits may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Section 19.12.050. SECTION 7: Section 19.64.030 of Chapter 19.64 of Title 19 shall be amended to read as follows: 19.64.030 General Requirements. A. Where Permitted. If approved under the provisions of this Chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R -1.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted. B. Subdivision Required. All condominium conversions subject to this Chapter shall require approval of tentative and final subdivision maps. C. Review Responsibilities. Condominium conversions containing 5 or more units shall be reviewed by the Planning Commission via a tentative tract map. Condominium projects or conversions containing 4 or less units shall be reviewed by the Zoning Administrator via a tentative parcel map. D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval per Title 20 (Zoning Code), and (2) the applicable provisions of Title 19. SECTION 8: Chapter 19.68 of Title 19 shall be deleted in its entirety and amended to read as follows: CHAPTER 19.68 MERGER OF CONTIGUOUS LOTS 7 Sections: 19.68.010 Purpose and Intent 19.68.020 Lot Mergers 19.68.010 Purpose and Intent. The provisions of this Chapter are intended to provide for the merger of parcels as authorized by Section 66499.20 % of the Government Code. These provisions are intended to be consistent with the state Subdivision Map Act and shall be so construed. 19.68.020 Lot Mergers. A. Application. Mergers of contiguous lots under one fee ownership may be initiated by the owner of the fee interest. An application for a lot merger shall be filed in a manner consistent with the requirements contained in Section 20.90.030 of Title 20 (Application Filing and Fees). Application for merger of contiguous parcels shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. An application shall be accompanied by a fee set by resolution of the City Council. 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 merger shall be accompanied by a map prepared by licensed surveyor or civil engineer showing the lots to be merged, the property lines of the adjoining parcels, and structures on and adjacent to the lots to be merged. C. Planning Department Review. An application for a lot merger 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 merger 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 as set forth in this Section. F. Public Hearings. Lot mergers shall require a public hearing before the Zoning Administrator. Procedures for noticing and conduct of hearings shall be in accordance with Section 20.93.025 of Title 20. 0 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. All of the following findings shall be made prior to approval of a lot merger: Approval of the merger will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of Title 19; and The lots to be merged are under common fee ownership at the time of the merger; and 3. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan; and 4. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Conditions of Approval. The Zoning Administrator may condition a lot merger to account for the impacts of the lot merger including, among other things, public improvements as well as the payment of parkland, drainage, and other fees required for subdivisions by Title 19. J. Rendering of Decision. After the conclusion of the hearing on any application for a lot merger, the Zoning Administrator shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator. K. Effective Date and Appeals. Decisions on lot mergers 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. L. Instrument Filed for Record Upon Parcel Map Waiver. Upon approval of a lot merger, the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly A describing the real property with a site map for recordation with the County Recorder. M. Waiver of Concurrent Parcel Map. In accordance with Section 19.08.030, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three parcels are eliminated. If a merger involves the elimination of more than three parcels, tentative and final parcel maps shall be required. N. Expiration and Amendments. Expiration of and amendments to lot merger approvals shall be in accordance with Sections 20.93.050 and 20.93.055 of the Title 20. SECTION 9: 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. 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 10 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. 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 and 20.93.055 of Title 20. 11 19.76.030 Required Findings. In approving a lot line adjustment, the following specific findings shall be made: A. That the establishment, maintenance, or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of Title 19. B. The number of resultant parcels created by the lot line adjustment remains unchanged. C. The lot line adiustment is consistent with applicable zoninq regulations as long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment. SECTION 1Q. 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 11. 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 12. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on, 2009, and adopted on , 2009 by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR Edward Selich 12 ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: David R. Hunt, City Attorney for the City of Newport Beach 13 4 A w ca � a PJ O O C-) x luz)wpui)wv apo:) uoisinipgnS 6Z al�!1 Summary of Changes Changes which occur throughout Title 19 1. Process changes 2. Language references Specific section amendments 1. Tentative Parcel Maps: Chapter 19.12 2. Lot Mergers: Chapter 19.68 Involuntary Lot Mergers Voluntary Lot Mergers Development Across Lot Lines 3. Lot Line Adjustments: Chapter 19.76 w nh • ?;' Process Changes i. Modifications Committee y Zoning Administrator Reflects change in practice for review of subdivisions made in 2004 2. Appeal period: 14 days y io days (to comply with the Subdivision Map Act) 3. Advisory and appeal agencies have been specified for all subdivision applications rather than just for tentative maps Language References • Subdivision Map Act y specific Government Code section identified • Subdivision Code y Title i9 • Acted upon approved, conditionally approved, or denied Tentative Parcel Maps • "Call for review" process has been incorporated into the appeals process. • Fee requirement added for tentative parcel map appeals (per City Council resolution). Parcel Map Waivers: allows for the elimination of up to three parcels where the criteria previously only allowed for the elimination of one parcel. • Required Findings: requirement for consistency with the Local Coastal Plan and any applicable specific plan was added. Lot Merger Applications • In the past, processed as lot line adjustments. • Creates a separate lot merger application to be applied in practice. • Applications to be reviewed by the Zoning Administrator. • Submittal: map prepared by a licensed surveyor or engineer y exhibit. • Deed is considered the most important document for this application. Involuntary Lot Mergers i. Procedures for involuntary (city- initiated) lot mergers have been removed. • Process is obsolete and is not applied in practice. • If the City wishes to initiate such an application in the future, procedures for these applications are specified in the Subdivision Map Act. ^T Involuntary Lot Mergers i. Procedures for involuntary (city- initiated) lot mergers have been removed. • Process is obsolete and is not applied in practice. • If the City wishes to initiate such an application in the future, procedures for these applications are specified in the Subdivision Map Act. Voluntary Lot Mergers • Application requirements and required plans and materials added. • Referral to Planning Commission added • Findings added: • General health, safety, peace, comfort, and welfare of community • Consideration for the bulk and size of the lot created and consistency with the character of the neighborhood • Conditions of approval, rendering of decision, instrument filed for record upon parcel map waiver, and expiration and amendments added (Mirrored from Lot Line Adjustments) V:i h J Development Across Lot Lines • Requires a subdivision application for the development of any structures across lot lines. • Text relocated to Section 19.04.035 so that the appropriate subdivision application can be applied to the property. • Exceptions for development of nonconforming lots have been removed and will be added to the draft Zoning Code where they are more appropriate. Lot Line Adjustments • Definition: A minor boundary adjustment between four or fewer parcels in which the original number of lots or parcels does not change. • Creates provisions which allow for the reorientation of parcels. • Reformats the required findings for lot line adjustments.