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HomeMy WebLinkAbout10/5/2005 - STAFF REPORTS (20) �OFPALM SAR �2 u � Cli iE0 4 cg4�FORN%P City Council Staff Report CITY COUNCIL OCTOBER 5, 2005 LEGISLATIVE ITEM Subject: AMENDMENT TO MUNICIPAL CODE CHAPTER 9.61 TO CLARIFY VOLUNTARY PARCEL MERGERS From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY State law allows cities to adopt procedures for city initiated and property owner initiated rnerger of contiguous parcels. The current provisions of the Palm Springs Municipal Code provide for City initiated mergers; however, the Code does not provide for property owner initiated mergers. This ordinance establishes a procedure for a property owner to apply for the merger of contiguous parcels of land and criteria to be used for the review and approval of merger applications. RECOMMENDATION: 'I) Waive the reading of the Ordinance text in its entirety and introduce by title only. 2) Introduce on First Reading of Ordinance No. , "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 9.61.020, 9.61.030, 93.63.040, AND 93.63.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND" STAFF ANALYSIS: The City of Palm Springs Subdivision Ordinance, as outlined in Chapter 9 of the Municipal Code, substantially defers to the Government Code, commencing with Section 66410, also known as the "Subdivision Map Act". Many cities and counties have adopted Subdivision Ordinances specific to their locality, as provided for in the Subdivision Map Act. The Subdivision Map Act gives latitude to local governments in enacting additional provisions related to subdivision regulations, provided the local government enacts those provisions by ordinance. Item No. 3 .A o City Council Staff Report October 5, 2005 - Page 2 Parcel Merger Ordinance In 2001, the California legislature amended Section 66412 (d) of the Government Code relating to Lot Line Adjustments, restricting the adjusting of existing lots to four or fewer existing adjoining parcels. The previous law allowed for the adjustment of an unlimited number of existing contiguous parcels, provided that there was no increase in the total number of existing parcels. Under the previous law, it was possible to apply for a Lot Line Adjustment to voluntarily merge contiguous parcels. Under the current law, in some cases more than four adjoining parcels require merger and consolidation; however, the City's Subdivision Ordinance does not provide for the process of a voluntary parcel merger. Government Code Section 66499.20.3/ "Contiguous Parcel Merger" states: A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage. Such ordinance shall require the recordation of an instrument evidencing the merger. Chapter 9.61.030 "Mergers" of the Palm Springs Municipal Code outlines several methods of parcel merger which are simply restatements of provisions of the Subdivision Map Act. The intent of Section 9.61.030 (d), however, is unclear, and appears to indicate that in any case where contiguous parcels are created without regard to the City's local ordinances in effect at the time of their creation, the parcels are considered merged by the Code. In reviewing this provision, it does not give a process by which the consideration of the merger is to occur. The City Attorney has reviewed the existing Subdivision Ordinance, and has recommended the suggested amendments that would add provisions for voluntary parcel mergers to the Subdivision Ordinance, as allowed by the Subdivision Map Act. a s ' FISCAL IMPACT: Finance Director Review: 'p.-- None. David J. Barakian homas J. Wilssoro Director of Public Works/City Engineer Assistant City Manager David H. Ready, City'Manager ATTACHMENTS: 1. Ordinance ORDINANCE NO. 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 Attorney's 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, 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 66400.20 %, 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: EMMONS 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 city's 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 Paragraphs (c) and (d) 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 maps, 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 APPROOV `AS TO FORM: Title: � ORDINANCE NO. 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 Attorney's 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 �f Cj. 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 66499.20 114, 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 city's 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 maps, 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 , 2005. AYES: NOES: ABSTAIN: ABSENT: RONALD ODEN, MAYOR ATTEST: James Thompson, City Clerk