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Home My WebLink About10/19/2005 - STAFF REPORTS (16) FpA`MSA,P iy c V N City Council Staff Report RAiEO 4'tl CQ4IFO Vt DATE: October 19, 2005 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1673, AMENDING SECTIONS 9.61.020, 9.61.030, 9.63.040, AND 9.63.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND FROM: David H. Ready, City Manager BY: Office of the City Clerk >UMMARY: The City Council will consider adoption of Ordinance No. 1673. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1673, "AN ORDINANCE OF CITY OF PALM SPRINGS AMENDING SECTIONS 9.61.020, 9.61.030, 9.63.040, AND 9.63.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND." STAFF ANALYSIS: At its October 5, 2005, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. �r " F d" ~J° s Thompson J r ity Clerk Crf Attachment: Ordinance No. 1673 Item No. 2 . 1 ORDINANCE NO. 1673 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9.61.020, 9.61.030, 9.63.040, AND 9.63.060 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND. City Attorneys Summary State law allows cities to adopt procedures for city initiated and property owner initiated merger of contiguous parcels. The current provisions of the Palm Springs Municipal Code provide for City initiated merges; however, the Code does not provide for property owner initiated mergers. This ordinance establishes (1) a procedure for a property owner to apply for the merger of contiguous parcels of land and (2) criteria to be used for the review and approval of merger applications. The City Council of the City of Palm Springs ordains: Section 1. Section 9.61.020 of the Palm Springs Municipal Code is amended to read: 9.61.020 Advisory Agency. (a) The Planning Commission shall be the advisory agency for all purposes concerning maps. (b) The Director of Planning Services shall be the advisory agency for all purposes concerning lot line adjustments. Section 2. Section 9.61.030 of the Palm Springs Municipal Code is amended to read to read: 9.61.030 Mergers. (a) Mergers Initiated by City (1) Two or more contiguous parcels or units of land held by the same owner which have been created under the provisions of any local ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation, and if any one of such contiguous parcels does not conform to standards for minimum parcel size and at least one of such nonconforming contiguous parcels is not developed with a building for which a permit has been issued, such parcels shall be merged for the purposes of this title. (2) Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this title and the Subdivision Map Act. (3) Two or more contiguous parcels or units of land may be merged for the purpose of lot consolidation to form one or more legal conforming lots by filing a parcel map and meeting all requirements of this title for parcel maps and following the procedures required herein. (b) Procedures for lot merger Initiated by the City (1) A lot consolidation application or merger may be initiated by the City Engineer, Director of Planning Services, City Manager, Planning Commission, or City Council. (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. (3) Lot mergers initiated by the City shall follow the procedure established for planning commission and city council action on parcel maps. (4) The Director of Planning Services, or the Director's designee, shall prepare and submit a recommendation and report giving evidence why the parcels should or should not 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 if the parcels do not meet the applicable minimum development standards under the City's Zoning Ordinance for such parcels. (7) The decision of the City Council shall be final. (c) Mergers Initiated by Application (1) This subsection implements the procedures and prescribes the standards for owner-initiated merger and un-merger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20 1/2 through 66499.20 3/, as may be amended from time to time. (2) Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with the requirements for the subdivision of land as provided by the Subdivision Map Act and this subsection. (3) By application of all owners of record, filed with the City Engineer, contiguous parcels under common ownership may be merged without reverting to acreage. To allow the merger, the City Engineer, in consultation with the Director of Planning Services, must find that: a. All parcels to be merged are contiguous; b. All parcels to be merged are under identical ownership; and c. The resulting parcel is consistent with the citys general plan, any applicable specific plan, and any other applicable provision of this Code. (4) Upon approval of the merger, the City Engineer shall file with the county recorder an instrument evidencing the merger. (d) Appeal. A determination of the City Engineer under Paragraph (c) of this subsection may be appealed to the City Council in the manner provided in Section 9.63.090 by filing a written notice of appeal within ten (10) calendar days from the date of the City Engineer's decision. Section 3. Section 9.63.040 of the Palm Springs Municipal Code is amended to read: 9.63.040 Fees. The subdivider, owner, or applicant shall pay all fees for the processing and approval of tentative maps, parcel maps, final maps, lot line adjustments, mergers, and any other entitlement provided under this Title. The fees shall be in the amounts as established by the City Council by resolution. Section 4. Section 9.63.060 of the Palm Springs Municipal Code is amended to read: 9.63,060 Filing of Applications. Tentative s maP for all property divisions shall be filed with the Director of Planning Services, and lot line adjustments and mergers shall be filed with the City Engineer. All applications shall be processed in accordance with the Subdivision Map Act and the provisions of this Title. The Director of Planning Services or the City Engineer, as the case may be, shall (1) prescribe the form of the applications for the entitlements provided under this Title, (2) prepare and provide application forms, (3) prescribe the type of information to be provided with the application by the subdivider, owner, or applicant, and (4) prescribe the number of copies of any map that may be required. Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 12005. AYES: NOES: ABSTAIN: ABSENT: RONALD ODEN, MAYOR ATTEST: James Thompson, City Clerk