HomeMy WebLinkAbout16 - Initiation of an Amendment - Residential Lot Mergers_PA2012-102�EW�Rr CITY OF
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c9C /Fp0.N`P City Council Staff Report
Agenda Item No. 16
August 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Manager
APPROVED: 't" 0. k-AA
TITLE: Initiation of an Amendment of the Zoning Code and Subdivision
Code related to Residential Lot Mergers (PA2012 -102)
ABSTRACT:
City Council is requested to initiate an amendment of the Zoning Code and the Subdivision
Code that would modify residential development standards so that the merger of two or
more lots would result no net decrease in the setback area and no net increase in the
buildable area.
RECOMMENDATION:
Initiate an amendment of the Zoning Code (Title 20) and Subdivision Code (Title 19)
regulating the merger of residential lots.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this project; however, staff
estimates that 40 hours of staff time will be spent on this effort plus the cost of noticing for
public hearings (approximately $0.92 per property notified).
DISCUSSION:
Background:
At the July 10, 2012, City Council meeting, Mayor Gardner requested that staff bring back a
report that limits the side yard setbacks to be no less than what would have been allowed in
the original lots and that the total square footage could not be more than the combined
maximum square footage on the merged lots.
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Residential Lot Merger Code Amendment Initiation of an Amendment of the Zoning
Code and Subdivision Code related to Residential Lot Mergers (PA2012 -102)
August 14, 2012
Page 2
Section 20.66.020 (Initiation of Amendment) of the Zoning Code provides that an
amendment to the Zoning Code may be initiated by either the City Council or by the
Planning Commission.
Analysis:
Most of the City's residential zoning districts (R -1, R -BI, R -2, and RM) have a maximum
floor area limit based on the "buildable area" for the lot. "Buildable area" is defined as the
area of a lot, excluding the minimum front, side, and rear setback areas. When abutting
residential lots are merged, setback areas are eliminated resulting in a larger buildable area
and potentially larger homes. These issues may create impacts to surrounding properties
and community. Creating new standards for these merged lots offsetting the loss of setback
area and increased buildable area could promote neighborhood compatibility.
The objective of the amendment is to establish development standards that would be
applied to merged lots so that there is no net decrease in the setback area and no net
increase in the buildable area.
Should the Council act to initiate the amendment, staff would conduct further investigation
and draft the amendment. The amendment will require public hearings at the Planning
Commission and City Council.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by: n
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