Council Meeting: June 26, 2007
Agenda Item: 7-A
To: Mayor and City Council
From: Marsha Jones Moutrie, City
Attorney
Subject: Recommendation re Proposed Interim Ordinance
Extending Initial Interim Ordinance Authorizing A Two
Recommended
Action
Staff recommends that the proposed
ordinance, Attachment A, be introduced for first reading. This interim ordinance would extend an
initial interim ordinance which, under limited circumstances, authorizes 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
On May 22, 2007, the City
Council adopted Ordinance Number 2231 (CCS) which, under limited circumstances,
authorizes a subdivision of a single parcel into two parcels with the retention
of an existing single-family 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. See (May
8, 2007 staff report), Attachment B.
Prior to the adoption of this interim ordinance, property owners in the
R1 District could not 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 required property owners to choose
between subdividing their property and keeping their existing homes. If they choose subdivision and demolition,
there were consequences for their neighbors who must deal with the impacts of additional
construction and the likelihood that the replacement home will be significantly
larger.
Ordinance Number 2231 (CCS) addresses
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, Ordinance Number 2231
(CCS) applies to a limited number of properties within the City. However, this ordinance will expire on August
20, 2007 unless extended. The proposed
interim ordinance would extend the provisions of Ordinance Number 2231 (CCS) up
to and including July 10, 2009.
Alternatives
If Council exercises its
discretion to decline to adopt the ordinance, Ordinance Number 2231 (CCS) will
expire and the existing limitations of the Zoning Ordinance would apply.
Financial Impacts
There would be no direct
financial costs to the adoption of the ordinance.
Recommendation
Staff recommends that the
proposed ordinance be introduced for first reading.
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Approved: |
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Forwarded to Council: |
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Marsha Jones Moutrie City
Attorney |
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P. City Manager |