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HomeMy WebLinkAbout1459 - ORDINANCES - 11/3/1993 ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9. 63 . 150 AND 9. 60. 070 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR CERTIFICATES OF CORRECTION FOR SUBDIVISION MAPS AND TO CLARIFY THE LOT LINE ADJUSTMENT PROCEDURE. WHEREAS, Palm Springs Municipal Code Section 9.60. 070 relating to lot line adjustments, does not provide the requisite flexibility for the full range of lot line adjustments permitted under State Law and considered by the City; and WHEREAS, California Government Code Section 66472 . 1 provides that if authorized by local ordinance, a final recorded map may be modified by a certificate of correction, subject to hearing and the making of specified findings by the local agency; and WHEREAS, the City has determined that it is in the best interest of both the City and its residents to implement a procedure for the modification of final subdivision maps or parcel maps, subject to certain conditions and findings regarding the subject of modification for such maps. NOW, THEREFORE, IN CONSIDERATION OF ALL OF THE FOREGOING, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.60. 070 of the Palm Springs Municipal Code shall be amended to read as follows: 9 . 60. 070 Lot Line Adjustments - Application (a) The Director of Public Works may authorize lot line adjustments wherein the number of lots is less than or 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, in a form prescribed by the Director of Planning and zoning; (2) An eight and one-half by thirteen inch plat, in a form approved by the City, showing all of the following: (A) The lot line to be adjusted, in the existing and proposed positions. (B) Bearings and distances to clearly indicate the change in lot configuration(s) being proposed. (C) Effect of the proposed lot line adjustment on any existing structures or other improvements. (D) Location map of all lots affected under the proposed lot line adjustment. (E) North arrow and scale prescribed by the City Engineer as being of sufficient size to clearly indicate all that is being proposed; (b) The owner(s) shall show proof of ownership of all affected lots and submit an affidavit attesting to their consent to the adjustment. The affidavit shall be in a form approved by the City. (c) The owner(s) shall pay a processing fee for the lot line adjustment application, which may be set by the City / Council by resolution. OH1459 Page 2 SECTION 2 . Section 9.63. 150 of the Palm Springs Municipal Code is hereby amended to read as follows: 9. 63 . 150. Modificati!Ir of Final Recorded Maps. (a) Subject to the procedures set forth in this section, a Certificate of Correction may be issued for the purposes of modifying any, final subdivision map or parcel. map recorded with the office of the County Recorder. Any Certificate of Correction may include a copy of an amending maps (b) Any application for the Certificate of Correction shall be filed with Director of Planning and Zoning. The application shall specifically list all aspects of the recorded map which are proposed to be changed by way, of the Certificate of Correction. The application shall be in such form and be accompanied by :such information as the Director of Planning and Zoning may prescribe, and shall include all information deemed necessary by the Director of Planning and Zoning; and all information required by the County Recorder for recordation of the Certificate of Correction, (c) Upon confirmation by the Director of Planning and Zoning that the application for the Certificate of Correction is complete, the Director shall determine: 1. Whether the purpose of the correction is technical in nature to correct any of the information contained in Government Code Section 66469, in which case the Certificate shall be processed in accordance with Government Code Sections 66469, et sea_; or 2 . Whether the purpose of the correction may affect a property right and may require the modification of a condition of approval, in which case a Certificate of Correction may be issued by the City Council if it meets the criteria in subsection (d) ; or 3 . Whether the correction will substantially affect the project, such that the findings in subsection (d) cannot be made, in which case the Director shall deny the application for a Certificate of Correction. The applicant may apply for an amendment to the then approved map. (d) Where the Director determines that:. a Certificate of Correction may be approved by the Council pursuant to sub section (c) (2) above, consideration of the issuance: of the Certificate of Correction shall be scheduled for a public hearing before the City Council. Notice of the hearing shall be provided in accordance with California Government Code sections 65090 and 65091, or as may be otherwise required under the Subdivision map Act. No Certificates of Correction may be approved by the City Council unless all of the following findings are made: 1.," Regarding the map or the property to which it pertains, there are changes in circumstances which make any or all of the conditions imposed upon the map no longer appropriate or necessary. 2 . The proposed modifications will. not impose any additional burden on the present fee owners of the property to which the map pertains. 3 . The proposed mod i.tfications will not: alter any right, title, or interest in the .real property 'to which the map pertains; and Ord 1459 Page 3 4 . The final map, as modified, conforms with the provisions of State law and the Palm Springs Municipal Code for the approval of subdivision or parcel maps, (e) The City Engineer shall have twenty (20) days from the dated of approval of any Certificate of Correction to review it for compliance with the Subdivision Map Act, the Palm Springs Municipal. Code, and any requirements of the County Recorder. If the City Engineer determines changes are necessary, the City Engineer shall return the Certificate to the applicant along with a written statement of the changes necessary. The City Engineer shall have ten (10) working days after resubmission of the Certificate of Correction to present it to the County Recorder for recordation. (f) The City Council by resolution, shall set a reasonable fee to cover the costs incurred in the processing and presentation of a Certificate of Correction application, which fee shall be collected at the time of the submission of the application. The fee shall. include all costs for providing notice of the public hearing on the Certificate of Correction. After resubmission of the Certificate of Correction, the City Engineer shall again review it for compliance with the Subdivision Map Act, the Palm Springs Municipal code, and any requirements of the County Recorder. If in compliance, the City Engineer shall forward a copy of the Certificate of Correction to the City Clerk, to permit filing with the County Recorder by the City Clerk within ten (10) working days after resubmission. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. ADOPTED THIS 3rd day of November , 1993 . AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By f' -- City Clerk �— Mayors REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1459 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 3rd day of November, 1993, and that same was duly published in the DESERT SUN, a newspaper of general circulation on November 12, 1993. �a 'DI � � _;'JITH SUMICH City Clerk io)- 63