Council Meeting: May 8, 2007

Agenda Item: 7-F  

To: Mayor and City Council 

From: Marsha Jones Moutrie, City Attorney

Subject: Recommendation re Proposed Interim Ordinance Authorizing A Two Lot Subdivision That Retains A Single-Family Residence With Nonconforming Setbacks Under Specified Circumstances

Recommended Action

Staff recommends that the attached proposed ordinance be introduced for first reading. This ordinance would, under limited circumstances, authorize a subdivision of a single parcel into two parcels with the retention of an existing primary residence that does not conform to setback requirements if specified conditions as to parcel size and existing setbacks are met and the findings applicable to tentative maps are made.

Discussion

Property owners in the R1 District cannot subdivide their parcels and retain their existing homes on the parcels if the subdivision would create non-conforming setbacks, an eventuality which might result because setback requirements are derived from parcel dimensions and because a number of older homes in the City were built under different standards with different setback requirements. This means that property owners must choose between subdividing their property and keeping their existing homes. If they choose subdivision and demolition, there are consequences for their neighbors who must deal with the impacts of additional construction and the likelihood that the replacement home will be significantly larger.

This conundrum was illustrated recently when the owners of property located at the corner of Larkin Place and San Vicente Boulevard sought permission to divide their large parcel into three lots. Neighbors opposed the application because of neighborhood impacts, exacerbated because the subject property fronted on Larkin Place, a very narrow cul de sac off San Vicente. In response, the property owners agreed that they would subdivide into only two parcels if they could keep their existing residence.

This potential solution appears to be beneficial to all concerned. It would preserve safety and compatibility on the cul de sac itself through the retention of the existing residence and a substantial reduction in construction impacts. It would also reduce parking demands on the narrow street. However, this solution would require the proposed change in the municipal code.

The proposed ordinance would address these circumstances by authorizing approval of a two-parcel subdivision which retains an existing primary residence even though the residence would not comply with required minimum side and front yard setbacks, under limited circumstances. Those circumstances are that the parcel to be subdivided is a minimum of 20,000 square feet, the parcel upon which the existing residence will be located will be at least 12,500 square feet, the existing setbacks would not physically change and all other findings required for tentative map approval are made. Given these standards, the proposed ordinance would apply to a limited number of properties within the City.

Alternatives

If Council exercises its discretion to decline to adopt the ordinance, the property owner’s law suit against the City will likely proceed, and the lot may eventually be divided into three, rather than two parcels with the eventual development of all three parcels.

Financial Impacts

There would be no direct financial costs to the adoption of the ordinance. Indirect costs of litigation would be avoided.

Recommendation

Staff recommends that the proposed ordinance be introduced for first reading.

Prepared by: Marsha Jones Moutrie, City Attorney

Ordinance

Approved:	Forwarded to Council:
Marsha Jones Moutrie City Attorney	P. Lamont Ewell City Manager