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Home My WebLink About18 - NB-3 - Discussion of a Possible Moratorium - 7/18/20171 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2017 ITEM NUMBER: NB-3 SUBJECT: DISCUSSION OF A POSSIBLE MORATORIUM AS TO THE SMALL LOT ORDINANCE DATE: JULY 7, 2017 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: BARRY CURTIS, ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: Barry Curtis, AICP (714) 754-5278 barry.curtis@costamesaca.gov RECOMMENDATION Provide direction to staff, as appropriate. BACKGROUND Mayor Pro Tem Genis requested this item be added to the agenda in order for the City Council to discuss whether to direct staff to prepare an ordinance establishing a moratorium on further small lot residential development. If so directed, staff would compile the background information, conduct appropriate research including legal research, present options and prepare a draft moratorium ordinance to halt further small lot projects. The Small Lot Subdivision Ordinance (SLO) was adopted by the City Council on April 1, 2014 through Code Amendment CO-13-04 by a vote of 3 to 2 (Councilmembers Monahan, Righeimer and Mensinger voting in favor; Councilmembers Foley and Genis voting against). The SLO was amended by the City Council on April 21, 2015 through Code Amendment CO-15-01 by the same 3-2 vote. The amendment reduced the interior side yard setback from ten feet to five feet and allowed required open parking to be provided in a two- or three-car garage provided a minimum of one open parking space is provided per lot. Since its adoption in April 2014, 33 projects totaling 120 units have been approved under the SLO. Additionally, nine projects subject to the SLO totaling 23 units are in process (Attachment 1). At the Council’s prior direction, a joint study session of the City Council and Planning Commission to discuss the small lot regulations has been scheduled for September 12, 2017. State law allows a city to adopt an interim ordinance that prohibits otherwise allowed uses when those uses conflict with a land use proposal (e.g., general plan, specific plan, or zoning amendments) that the city is considering, studying, or intending to study within a reasonable time. Government Code §65858. In order to adopt a moratorium, the following is required: REVISED 7/14/17 2 • four-fifths vote of the city council; and •finding that there is a current and immediate threat to the public health, safety, or welfare. If the City Council wishes to adopt a moratorium, the findings could be based upon negative impacts to parking, open space etc. as a result of allowing homes to be built on smaller lots and the need to further consider whether larger lot sizes would resolve those negative impacts. After considering this matter, either at the planned September 12, 2017 study session or at an early date at the Council’s direction, the Council could adopt a moratorium ordinance related to the SLO for an initial period of 45 days followed by a maximum of two extensions of 10 months and 15 days and one year, respectively. Approval and extensions of a moratorium require a four-fifths vote of the City Council. A timetable for returning to the Planning Commission and City Council with revisions to the SLO, including its potential repeal, would be dependent upon the direction provided by the City Council regarding the desired intent of revisions. ENVIRONMENTAL DETERMINATION Not applicable LEGAL REVIEW None PUBLIC NOTICE None CONCLUSION A joint study session of the City Council and Planning Commission is scheduled for September 12, 2017. However, the Council may direct staff to prepare a report with background information, research, options and a draft moratorium ordinance. Should the Council provide such direction, the item could be scheduled for City Council consideration at its next regular meeting on August 1, 2017. ___________________________ BARRY C. CURTIS, AICP Director of Economic and Development Services Attachments: 1. Pending Residential Projects Subject to the SLO 7/14/17 Pending Residential Projects Subject to the SLO Project # Address Planner Status Description PM-15-13 1509 Orange Ave Dan Dan will speak with Applicant regarding status Conversion of a 2-unit condo into 2-lot small lot subdivision. All existing improvements are to remain, and no additional improvements are proposed (refer to PA-07-35) PM-2016-162 (PM-16-11) 227 22nd St. Dan Dan will speak with Applicant regarding status Subdivision of an existing single parcel with two existing dwelling units into two separate parcels. Parcel 1 6,300 sq. ft. lot (84' x 75'). Parcel 2 7,575 sq. ft. lot (101' x 75'). PA-16-20 / T-18034 752 & 756 W. 19th St. Ryan Minoo has called applicant for status. 1.Master Plan for the construction of 5 new live/work units per the 19 West Urban Plan. 2.Tentative Tract Map for five new parcels on a 0.27 acre lot. PA-17-09 / TPM 2016-172 134 Santa Isabel Ave. Ryan/ to be reassigned In review 1.Planning Application (Design Review) PA-17-09 for the construction of three, two-story detached single-family residences. 2.Tentative Parcel Map 2016-172 for the subdivision of an 11,618 square foot lot into three separate parcels, per the Small Lot Subdivision Ordinance. PA-17-13 / TPM 2017-122 767 W 18th St. Willy SCHEDULED FOR 7/24 PC MEETING 1.Planning Application (Design Review) PA-17-13 for the construction of three, two-story detached single-family residences, each with an attached single-car garage and attached single-car carport. All units propose similar floor plans: 1st 2.Tentative Parcel Map 2017-122 (PM-17-06) for the subdivision of an 9,002.5 square foot lot into three separate parcels, per the Small Lot Subdivision Ordinance. PA-17-17 / TPM 2017-130 337 16th Place Dan Incomplete Application 1.Planning Application (Design Review) PA-17-17 for the construction of two- unit small lot subdivision development. The front residence will consist of a two- story, two-bedroom (approximately 2,328 SF) dwelling with attached 2-car garage. The rear residence will consist of a two-story, three-bedroom (approximately 2,343 SF) dwelling with attached 2-car garage. 2.Tentative Parcel Map 2017-130 for the subdivision of a 10,395 SF lot into two separate parcels, per the Small Lot Subdivision Ordinance. PA-17-20 362 La Perle Ln TBD New Design Review for the construction of two new, two-story single family dwelling units on separate parcels. The corner dwelling proposes 3 bedrooms and 2.5 baths; the dwelling facing La Perle Lane proposes 4 bedrooms and 2.5 baths. ATTACHMENT 1 7/14/17 Pending Residential Projects Subject to the SLO Project # Address Planner Status Description PA-17-21 1925 Church St TBD New Design Review for the construction of two, two-story single family dwelling units on separate lots. Each dwelling will be approximately 2,000 SF homes with 3 bedrooms and 2.5 bathrooms. PA-17-25 162 E 18th St Justin SCHEDULED FOR 7/24 PC MEETING Design Review for previously approved Small Lot Development (PA-14-50 & PM- 15-01) which was denied a time extension, with the entitlements expired. The proposed project is to construct a 2-unit, two-story, detached residential small lot development on a 6,263 sq. ft. lot.