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HomeMy WebLinkAbout1410 - ORDINANCES - 4/1/1992 N AI DIU ORDINANCE NO. 1410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 9 OF THE MUNICIPAL CODE. ----------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9 . 60. 030 (15) is hereby amended to read as follows: (15) Utilities consisting of natural gas, electric power, and telephone distribution lines shall be installed to the: property lines of all lots. All existing abutting and transecting 33 , 000 volt or less of electric lines and all proposed utility lines shall be installed underground pursuant to Article V of Chapter 8 . 04 of this code, unless waived by the director of public works. Television cable service shall be provided according to the approved franchise agreement with the city. SECTION 2 . Section 9 . 60 . 070 shall be amended to read as follows: 9 . 60. 070 Lot line adjustments-:-Applica ion. The director of public works may authorize lot line adjustments wherein the number of lots remains the same before and after the adjustment. This shall be accomplished by submitting in duplicate, the following documents completed in the manner herein described: (1) Completed application form; (2) An eight and one-half by thirteen inch plat, on city form, showing the following: (A) The lot line to be adjusted, in the existing and proposed positions, (B) Bearings and distances to clearly indicate what is being proposed, (C) Effect on existing structures, (D) Location map, (E) North arrow and scale. The scale used shall be of sufficient size to clearly indicate all that is being proposed; (3) The owner(s) shall show proof of ownership and submit an affidavit attesting to their consent to the adjustment. The affidavit shall be on the city form; �6 Ord. No. 1410 Page 2 (4) The owner(s) shall pay a processing fee which may be set by the city council by resolution. SECTION 3 . Section 9 . 60. 080 is hereby amended to read as follows: 9. 60 . 080 Lot line adjustments--Procedure. Applications for lot line adjustments shall be administered in the following manner: (1) One copy each of the forms described in Section 9 . 60. 070 shall be forwarded to the planning department. (2) The director of planning and zoning shall either approve or disapprove the application and forward to the city engineer for completion. (3) Any decision of the director of planning and zoning concerning lot line adjustments may be appealed to the planning commission. SECTION 4 . Section 9 . 60. 090 is hereby amended to read as follows: 9 . 60. 090 Certificate of compliance. If a lot line adjustment approval is granted, a certificate of compliance shall be filed with the County Recorder, which certificate shall describe the real properties involved, naive the owners thereof, and state that a lot line adjustment has been granted by action of the director of planning and zoning, giving the date thereof. SECTION 5 . Section 9 . 61. 020 is hereby amended to read as follows: 9 . 61. 020 Advisory agency. (a) The planning commission shall be the advisory agency for all purposes concerning maps. (b) The director of planning and zoning shall be be the advisory agency for all purposes concerning lot line adjustments. SECTION 6. Section 9 . 61. 030 (e) is hereby amended to read as follows: (e) Procedures for lot merger by the agency are as follows: (1) A lot consolidation application shall be initiated by the city. (2) Property owner(s) and owners of adjacent parcels shall be notified of the proposed merger action at least one month before planning commission consideration. 1. Ord. No. 1410 Page 3 (3) Lot merger shall follow the procedure established for planning commission and city council action on parcel maps. (4) The planning staff shall prepare and submit a recommendation report giving evidence why the parcels should be merged. (5) The owner (s) of the subject parcels may agree to the merger by affixing their signature on the application or submit evidence why the consolidations should not be accomplished. (6) In the event that such parcels are not merged in accordance with these procedures, a building permit may not be issued for any of the parcels under consideration. (7) The decision of the city council. shall be final. SECTION 7 . Section 9 . 62 . 020 is hereby amended to read as follows: 9 . 62 . 020 Condominium conversion. A tentative map, parcel map or final map involving prospective conversion of one or more existing structures or parcels into a condominium, stock cooperative, or any other form of community ownership, shall be approved only if the proposed condominium use of the property will be in conformity with the general plan and such conversion conforms to any other requirements or restrictions which may be adopted by the city council by ordinance dealing with the conversion of existing structures or parcels of land from rental. units to community ownership; and, further, only if any structure, parcel or design, if newly constructed as of the date of tentative map approval, could be lawfully constructed in accordance with the applicable zoning regulations, building codes and fire safety codes. A tentative map shall be required for all conversions including those of fewer than five units or parcels. SECTION 8 . Section 9 . 62 . 030 is hereby amended to read as follows: 9 . 62 . 030 Tentative parcel maps. When a parcel map is required by this title, a tentative map shall first be filed with the director of planning and zoning. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this title. Ord. NO 1410 Page 4 SECTION 9 . Section 9 . 63 . 020 is hereby amended to read as follows: 9 . 63 . 020 Environmental review. No tentative, parcel or final map shall be considered accepted for filing by the advisory agency for consideration under this title and the Subdivision Map Act, unless the map shall have been first subjected to and processed according to the requirements of the environmental guidelines adopted and amended from time to time by the city. The subdivider shall submit such applications and pay such fees as may be required. SECTION 10 . Section 9 . 63 . 040 is hereby amended to read as follows: 9 . 63 . 040 Fees. The subdivider shall pay all fees for the processing of tentative maps, parcel maps and final maps. The processing fees shall be in the amounts prescribed by resolution of the council. SECTION 11. Section 9 . 63 . 050 is hereby amended to read as follows: 9 . 63 . 050 Public hearing. The planning commission and/or city council may hold a public hearing on matters pertaining to final maps and parcel maps. Such hearings, and related proceedings, shall be conducted as described in this title and the Subdivision Map Act. SECTION 12 . Section 9 . 63 . 060 is hereby amended to read as follows: 9 . 63 . 060 Tentative maps--Filing. Tentative maps, for all property divisions shall be filed with the director of planning and zoning and shall be processed in accordance with the Subdivision Map Act and the provisions of this title, except lot line adjustments shall be filed with the City Engineer. The subdivider shall file as many copies of the tentative map as may be required by the director of planning and zoning. SECTION 12 . section 9 . 63 . 070 is hereby amended to read as follows: 9 . 63 . 070 Tentative maps--Form and content. The following shall be required for tentative maps submitted to the city: Ord. No. 1410 Page 5 (1) Tract or parcel map number as assigned by the county road department; (.2) Preliminary title guarantee including legal description of the property; (3) Date, north point, scale, area, and zoning; (4) Location map indicating the location of the proposed subdivision in relation to the surrounding( area; (5) Name, address and phone! number, including area code of the record owner, lessee, subdivider and the registered civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor; (6) The existing topography of the land proposed to be divided with appropriate cross sections. Topography of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvements of the proposed division; (7) Conceptual tentative grading and. drainage plan, indicating drainage problems and possible solutions; (8) The approximate location and outline to scale of any existing building or structure showing which is to be retained and which removed. Each existing structure shown shall be identified by house number or other identifying feature, including a notation on each building or structure to be retained. Buildings or structures on adjacent property shall also be shown along with pad elevations; (9) All existing public utilities, including but not limited to sewer and irrigation lines, shall be plotted on the map. ]Reference shall be made to method and areas of proposed utility locations; (10) Approximate location of archaeological sites or historic structures, and endangered or specimen vegetation; (11) The location, width, approximate grade and curve radii of all streets existing and adjacent to the proposed subdivisions; (12) The approximate radius and arc length of each centerline curve; (13) The approximate dimension, area, size and lot layout of each lot; the number of each lot; the proposed areas for public use; and the angle of intersecting streets or highways if such angle deviates from a right angle by more than five Ord . No. 1410 Page 6 degrees; (14) Each street shown by its existing actual and/or proposed street name. Street names or approval of proposed names shall be coordinated with the planning department before submittal; (15) A reduced copy, sized eight and one-half by eleven inches, shall be submitted for processing. SECTION 13 . Section 9 . 63 . 080 is hereby amended to read as follows: 9 . 63 . 080 Review of maps by advisory agency. (a) The planning commission shall make investigations, reports and recommendations on the design and improvement of any proposed division of real property for which a tentative map is required. The planning commission shall have the authority to impose requirements and conditions upon such tentative maps and then transmit reports and recommendations to the city council . The planning commission and city council shall have the authority to make necessary findings as required by this title and the Subdivision Map Act for such recommendations and reports. (b) The city engineer shall review and approve such parcel and final maps by affixing his certificate if such maps substantially conform to the approved or conditionally approved tentative map, the requirements of the city, and the Subdivision Map Act as required for action by the city council . SECTION 14 . Section 9 . 63 . 110 is hereby amended to read as follows: 9 . 63 . 110 Time extensions. (a) The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved by the city council. (b) The person filing the tentative map may request a time extension of the tentative map approval or conditional approval by written application to the planning commission, such application to be filed at least sixty days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension and the amount of time requested. In granting an extension of time, new conditions may be imposed and existing conditions Ord. No. 1410 Page 7 may be revised or amended. (c) Any extension(s) of tentative map approval or• conditional approval shall not. exceed a total of twelve months. (d) Modifications of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section. (e) The planning commission' s recommendation shall be forwarded to the city council for final action. (f) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map pursuant to this title. SECTION 15. Section 9 . 63 . 120 is hereby aLmended to read as follows: 9 63 120 Review of tentative map by other agencies. (a) Transmittal. The director of planning and zoning shall transmit copies of any tentative maps to those agencies and utility companies which he deems may be affected by the proposed subdivision. (b) Flood Hazard. The director of planning and zoning shall request the appropriate agency to provide a flood hazard report t-or each tentative map. The developer shall pay -to the appropriate agency all required fees for this service. SECTION 16. Section 9 . 63 . 140 is hereby amended to read as follows: 9 . 63 . 140 Parcel maps. (a) Processing. The processing of parcel maps shall be as provided in the Subdivision Map Act. (b) Failure To File Parcel Map. Any subdivision of the same land shall require the filing of a new map. (c) Filing Maps With The: County Recorder. The filing of final or parcel maps with the county recorder shall be as prescribed by the Subdivision Map Act. (d) Duplicate Final or Parcel Map. Once the final or parcel map has been recorded by the county recorder, the subdivider shall, at his own expense, cause to have made duplicate copies of all sheets Ord. No. 1410 Page 8 of the final or parcel map; and one reduced copy (eight and one-half by eleven inch) of map sheet (s) only. The regular sized copies shall consist of one copy each, of the map and title sheets reproduced on polyester base film and one copy each, of the map and title sheets reproduced on paper in blue-line reproduction. Both the film and paper reproduction copies shall be delivered, in a flat or rolled condition (not folded) , to the engineering division of the public works department within thirty calendar days from the date of recordation. SECTION 17 . Section 9 . 63 . 160 is hereby amended to read as follows: 9 . 63 . 160 Application. An application for a waiver of a parcel map, pursuant to Section 9 . 62 . 015 shall be filed on forms and accompanied by such data and information as may be prescribed by the director of planning and zoning together with an approved description of the real property involved. SECTION 18 . Section 9 . 63 . 170 is hereby amended to read as follows: 9. 63 . 170 Referrals. Copies of the application may be referred to other appropriate city departments or other public or private agencies affected, together with a request for a written recommendation to be returned to the director of planning and zoning within fifteen working days. Failure to submit such written recommendations may be deemed waiver of any objections to the application. SECTION 19 . Section 9 . 63 . 180 (a) is hereby amended to read as follows: 9 . 63 . 180 Planning commission action. a. The planning commission shall consider the application within forty-five days after the filing of the application. The planning commission may grant the application provided that it finds that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. The time limit for action may be extended by mutual consent of the subdivider and the director of planning and zoning. Ord. No. 1410 Page 9 SECTION 20. Section 9 .. 63 . 190 is hereby deleted. SECTION 21. Section 9 . 63 . 200 is hereby amended to read as follows: 9 63 200 authority of director- of planning and zoning. The director of planning and zoning is delegated the authority for the issuance of certificates of compliance pursuant to the provisions of Section 66499. 35 of the Subdivision Map Act and this chapter. SECTION 22 . Section 9 . 63 . 210 is hereby amended to read as follows: 9 . 63 . 210 Request. Any person owning real property may request the issuance of a certificate of compliance stating that such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and of local ordinances enacted pursuant thereto. Such. request shall be filed with the director of planning and zoning upon such forms and accompanied by such information as may be prescribed by the director of planning and zoning. SECTION 23 . Section 9 . 64 . 050 (b) is hereby amended to read as follows: Section 9 . 64 . 050 School site dedications. (b) Procedure. The requirement of dedication of school lands shall be imposed at the! time of approval of the tentative map. If within ninety days after the requirement of dedication is imposed by the city, the Palm Springs Unified School District does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated, provided applicant gives district written notice of time period to make dedication. The required dedication may be made any time before or concurrently with the filing of the final map on any portion of the subdivision. SECTION 24 . Section 9 . 64 . 110 is hereby amended to read as follows: 9 . 64 . 110 Soils report. For all divisions of land for whicha oils report is not otherwise required by the Subdivision Map Act, adequate tests may be required by the director of planning and zoning or Ord. No. 1410 Page 10 city engineer. The soils reports, to be done by a soils or geologic engineer registered in this state, andbased upon adequate test borings, may be required at the time of submission for consideration of a tentative map, or may be postponed by city engineer, to be submitted at the time of, and in connection with, the final map or parcel map. SECTION 25. Section 9 . 66. 020 is hereby amended to read as follows: 9 . 66. 020 Initiation of proceedings by owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the director of planning and zoning. The petition shall contain the information required by Section 13 . 28 . 040 and such other information as required by the director of planning and zoning. SECTION 26. Section 9. 66. 030 is hereby amended to read as follows: 9 . 66 . 030 Initiation of proceedings by city council . The city council at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The city council shall direct the director of planning and zoning to obtain the necessary information to initiate and conduct the proceedings. SECTION 27 . Section 9 . 66 . 040 is hereby amended to read as follows: 9 . 66. 040 Data for reversion to acreage Petitioners shall file the following with the director of planning and zoning: (1) Evidence of title to the real property; and (2) Evidence of the consent of all of the owners of an interest (s) in the property; or Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or Evidence that no lots shown on the final or parcel map have been sold within five years from Ord. No. 1410 Page 11 the date such final or parcel map was filed for record; (3) A tentative map in the form prescribed by this chapter which delineates dedications which will not be vacated, and dedications proposed to be reversed. SECTION 28 . Section 9 . 66 . 042 is hereby amended to read as follows: 9 . 66. 042 Review of tentative map.. The tentative map shall be distributed by the director of planning and zoning to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the director of planning and zoning who shall report and recommend to the Planning Commission. SECTION 29 . Section 9 . 66. 044 is hereby amended to read as follows: 9 . 66 . 044 Consideration by the Planning Commission. The Planning Commission shall consider the report and recommendation of the director of planning and zoning on the -t:entative map, and shall forward a report and recommendation to the city council for approval, conditional approval, or disapproval of the proposed reversion 'to acreage. A copy of the Planning Commission report and recommendations shall be mailed to the applicant or the authorized agent. SECTION 30. Section 9 . 66. 060 is hereby amended to read as follows: 9 . 66 . 060 Proceedings before the city council . A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in the Subdivision Map Act. The director of planning and zoning may give such other notice as .is deemed necessary or advisable. SECTION 31 . Section 9 . 66 . 080 is hereby amended to read as follows: 9 . 66. 080 :Return of fees, deposits and release of securities,. Except as otherwise provided in this title, upon filing of the map for reversion of acreage with the county recorder, all unexpended deposits shall be returned to the subdivider, less ��IeL Ord. No. 1410 Page 12 any cost properly chargeable to subdivider, and all improvement securities shall be released by the city. SECTION 32 . Section 9 . 66. 090 is hereby amended to read as follows: 9 . 66 090 Map filing procedure After approval of the tentative map by the city council, the applicant may cause a parcel or final map to be prepared in accordance with applicable provisions of the Subdivision Map Act. The map shall then be delivered to the City Engineer for certification and transmittal to the office of Riverside County Recorder. SECTION 33 . Section 9 . 66 . 100 is hereby amended to read as follows: 9 . 66. 100 Effect of filing reversion map with the county recorder. Reversion shall be effective upon the parcel or final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the parcel or final map for reversion shall be of no further force and effect. SECTION 34 . Chapter 9 . 68 is hereby added to Title 9 as follows: CHAPTER 9 . 68 VESTING TENTATIVE MAPS 9 . 68 . 010 Purpose and Intent 9 . 68 . 020 Definition 9 . 68 . 030 Application 9 . 68 . 040 Filing and Processing 9. 68 . 050 Fees 9 . 68 . 060 Expiration 9 . 68 . 070 Vesting on Approval of Vesting Tentative Map 9 . 68 . 010 Purpose and Intent This chapter establishes procedures for Vesting Tentative Maps, in accordance with provisions of Chapter 4 . 5 of the State Subdivision Map Act. No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act. 9 . 68 . 020 Definition. A "Vesting Tentative Map" is a tentative map for a subdivision, which is filed and processed in accordance with this chapter. Ord. No. 1410 Page 13 When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this chapter. 9 68 030 Application. (a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for a development:, a vesting tentative map may instead be filed, in accordance with these provisions . (b) :Ef a subdivider does riot seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. 9 68 040 Filing and processing. A vesting tentative snap shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set for.•th in this title for a tentative map except as hereinafter provided: (a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map. " (b) Prior to accepting an application for a Vesting Tentative Map, the director of planning and zoning may .require the filing of complete application materials for discretionary approvals associated with reasonably foreseeable development within the vesting map boundary. 9 . 68 . 050 Fees. (a) On filing a vesting tentative map, the subdivider shall pay the application fees required by city council resolution as required for the same subdivision if it did not seek 'the vesting right. (b) At the time of development, the subdivider shall pay permit fees and other development fees in accordance with fee schedules in effect on the date the vesting map was approved by city council . Except as provided in Section 9 . 68 . 070 (b) , no new type of fee established after approval of the vesting map shall be applicable to development of the subdivided property. 9 . 68 . 060 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map. ( Z/3 Ord. No. 1410 Page 14 9. 68 . 070 Vesting on approval of vesting tentative map. (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code 66474 . 2 . This will normally mean ordinances, policies and standards in effect on the date the map application is certified complete by the director of planning and zoning. However, if permitted by the modification in repeal of Government Code 66474 . 2 or other State law, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (b) Notwithstanding subparagraph (a) , a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. 2 . The condition or denial is required, in order to comply with State or Federal law. (c) The rights referred to herein shall expire if a final or parcel map is not approved before the expiration of the vesting tentative map as provided in Section 9 . 68 . 060. If the final or parcel map is approved, these rights shall last for the following periods of time: 1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2 . The initial time period set forth in (c) l shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application for the permit or review is filed . Ord. No. 1410 Page 15 3 . A subdivider may apply for a one-year extension at any time before the initial time period set forth in C. 1 expires . The time extension :request shall be considered at a public hearing conducted by the city council . Notice for the hearing shall be as specified in the Subdivision Map Act. 4 . If the subdivider submits a complete application for a building permit during the periods of time specified :in subparagraphs 1 through 3 of this Section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. ADOPTED this 1st day of April 1992 . AYES: Coucnilmembers Broich, Hodges, and Mayor Bono NOES: None ABSENT: Councilmember Neel ATTEST• CITY OF PALM SPRJ; IGS / city Clerk Mayer"" 1 REVIEWED AND APPROVED: i✓re_s_ I HEREBY CERTIFY THAT the foregoing Ordinance 1410 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 1st day of April , 1992 and that same was published in the DESERT SUN, a newspaper of general circulation on March 215 and April 8, 1992. UUDITH SUMICH 'City Clerk