HomeMy WebLinkAbout9/18/2002 - STAFF REPORTS (20) DATE: September 18, 2002
TO: City Council
FROM: Director of Planning & Zoning
SUBJECT: Case 5.0649 — City Subdivision Ordinance Amendment to Chapter 9.62,
Section 9.62.010 Tentative and Final Maps
RECOMMENDATION:
That the City Council approve the proposed amendments to Title 9 of the Palm Springs
Municipal Code (PSMC). This code section is referred to as the Subdivision Ordinance of
the City of Palm Springs. This amendment will add to the exceptions and exclusions for the
submittal of tentative and final maps.
SUMMARY:
The purpose of this code amendment is to expand exceptions and exclusions to the
requirements for tentative and final maps as currently allowed in the State Subdivision Map
Act (Government Code Sections 66412 and 66426). Staff recommends that the City offer
and allow for all exceptions and exclusions allowed by State law as a means to reduce City
requirements and make processing certain activities easier for our citizens. Exclusions
include financing and leasing certain properties, lot line adjustments, community
apartments, stock cooperatives, and other activities.
BACKGROUND:
The City's Subdivision Ordinance was adopted in 1981 and amended in 1985 and 1992.
The proposed amendment would be consistent with State law and provide greater use of
exemptions and exclusions. This would reduce City administrative requirements for certain
activities resulting in better customer service and reduce staff time. This change will be
business friendly.
The issuewhich initiated this amendment has to do with converting a community apartment
project to a more traditional condominium project. Community apartments were a financing
tool used priorto state and local condominium laws. Current community apartment owners
are frustrated by difficulties in selling and financing these properties and stock cooperatives.
The State has recognized this problem and has created a method to fix this problem. The
City has, in the past, approved community apartment conversions and staff now seeks to
clarify local regulatory authority.
If approved, community apartments and stock cooperatives will be able to convert to
condominium ownership without filing a tentative or final map if they comply with the
provision of Section 66412 Map Act Exclusions. This will save each owner substantial time
and money in fixing this problem.
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Staff finds that PSMC amendment will not create any impacts to the community since it only
clarifies existing and future property ownership for existing developments.
Director of Panning and Zoning
City Manager
ATTACHMENTS:
1. State Subdivision Ordinance Provisions (66412)
2. Proposed Ordinance
17#4c)wa.
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66412. Map Act Exclusions
This division shall be inapplicable to:
(a) The financing or leasing of apartments, offices, stores, or similar space
within apartment buildings, industrial buildings, commercial buildings, mobilehome
parks,or trailer parks.
(b) Mineral,oil,or gas leases.
r (c) Land dedicated for cemetery purposes under the Health and Safety Code.
(d) A lot line adjustment between four or fewer existing ad
joining gparcels
,
where the land taken from on
e parcel i s added to an adjoining parcel,and w
p ) g p here a greater
it
number of parcels than originally existed is not thereby created, if the lot line adjustment
s is approved by the local agency, or advisory agency. A local agency or advisory agency `
shall limit its review and approval to a determination of whether or not the parcels t
resulting from the lot line adjustment will conform to the local general plan, any
applicable coastal plan, and zoning and building ordinances. An advisory agency or t
local agency shall not impose conditions or exactions on its approval of a lot line r
adjustment except to conform to the local general plan, any applicable coastal plan, and
zoning and building ordinances, to require the prepayment of real property taxes prior to h
the approval of the lot line adjustment, or to facilitate the relocation of existing utilities,
infrastructure, or easements. No tentative map,parcel map, or final map shall be required
b
4
as a condition to the approval of a lot line adjustment. The lot line adjustment shall be
reflected in a deed, which shall be recorded. No record of survey shall be required for a
lot line adjustment unless required by Section 8762 of the Business and Professions
Code.
(e) Boundary line or exchange agreements to which the State _Lands
Commission or a local agency holding a trust grant of tide and submerged lands is a
party.
(f) Any separate assessment under Section 2188.7 of the Revenue and Taxation
Code.
(g) Unless a parcel or final map was approved by the legislative body of a local
agency, the conversion of a community apartment project, as defined in Section 1351 of
the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only
if all of the following requirements are met:
(1) At least 75 percent of the units in the project were occupied by record
owners of the project on March 31, 1982.
(2) A final or parcel map of the project was properly recorded, if the property
was subdivided, as defined in Section 66424, after January 1, 1964, with all of the
conditions of that map remaining in effect after the conversion.
(3) The local agency certifies that the above requirements were satisfied if the
local agency,by ordinance,provides for that certification.
(4) Subject to compliance with subdivision (e) of Section 1351 of the Civil
Code, all conveyances and other documents necessary to effectuate the conversion shall
be executed by the required number of owners in the project as specified in the bylaws or
other organizational documents. If the bylaws or other organizational documents do not
expressly specify the number of owners necessary to execute the conveyances and other
documents, a majority of owners in the project shall be required to execute the
conveyances or other documents. Conveyances and other documents executed under the
foregoing provisions shall be binding upon and affect the interests of all parties in the
project.
(h) Unless a parcel or final map was approved by the legislative body of a local
agency, the conversion of a stock cooperative, as defined in Sectin� 1351 of the Civil
Code, to a condominium,-As defined in Section 783 of the CfriJ Code, but only if all of
the following requirements are met:
(I) 'Al least 51 percent of the units in the cooperative were occupied by
stockholders of the cooperative on January 1, 1981, or individually owned by
stockholders of the cooperative on January 1, 1981. As used in this paragraph, a
cooperative unit is "individually owned" if and only if the stockholder of that unit owns .
or partially owns an interest in no more than one unit in the cooperative.
(2) No more than 25 percent of the shares of the cooperative were owned by
any one person, as defined in Section 17, including an incorporator or director of the
cooperative,on January 1, 1981. _
(3) A person renting a unit in a cooperative shall be entitled at the time of
conversion to all tenant rights in state or local law, including, but not limited to, rights
respecting first refusal,notice,and displacement and relocation benefits.
( The local agency certifies that the above requirements were satisfied if the + /�
local agency,by ordinance,provides for that certification. � I .JL�'`r
(5) Subject to compliance with subdivision (e) of Section 1351 of the Civil
ode, all conveyances and other documents necessary to effectuate the conversion shall
)e executed by the required number of owners in the cooperative as specified in the
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bylaws or other organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to execute the
conveyances and other documents, a majority of owners in the cooperative shall be
required to execute the conveyances or other documents. Conveyances and other
documents executed under the foregoing provisions shall be binding upon and affect the
interests of all parties in the cooperative.
(i) The leasing of, or the granting of an easement to, a parcel of land, or any
portion or portions thereof, in conjunction with the financing, erection, and sale or lease
of a windpowered electrical generation device on the land, if the project is subject to
discretionary action by the advisory agency or legislative body.
0) The leasing or licensing of a portion of a parcel, or the granting of an
easement, use permit,or similar right on a portion of a parcel, to a telephone corporation
as defined in Section 234 of the Public Utilities Code, exclusively for the placement and
operation of cellular radio transmission facilities, including, but not limited to, antennae
support structures, microwave dishes, structures to house cellular communications
transmission equipment, power sources, and other equipment incidental to the
transmission of cellular communications, if the project is subject to discretionary action
by the advisory agency or legislative body.
(k) Leases of agricultural land for agricultural purposes. As used in this
subdivision, "agricultural purposes" means the cultivation of food or fiber,or the grazing
or pasturing of livestock.
[Amended,Chapter 873,Statutes of 2001]
66412.1. Act not applicable to financing and leasing of commercial
Ili and industrial buildings
This division shall also be inapplicable to: j
(a) The financing or leasing of any parcel of land, or any portion thereof, in
conjunction with the construction of commercial or industrial buildings on a single
parcel, unless the project is not subject to review under other local agency ordinances
regulating design and improvement -
I,i (b) The financing or leasing of existing separate commercial or industrial -,
buildings on a single parcel.
I [Amended,Chapter 87,Statutes of 1982]
66412.2. Exempts construction, financing and leasing of specified
dwelling units
This division shall not apply to the construction, financing, or leasing of dwelling
units pursuant to Section 65852.1 or second units pursuant to Section 65852,2, but this
division shall be applicable to the sale or transfer,but not leasing,of those units.
[Added,Chapter 1013,Statutes of 1983]
66412.3. Local agency to consider housing needs of region
In carrying out the provisions of this division, each local agency shall consider the
effect of ordinances and actions adopted pursuant to this division on the housing needs of
the region in which the local jurisdiction is situated and balance these needs against the
public service needs of its residents and available fiscal and environmental resources.
[Amended,Chapter 1013,Statutes of 19831
;
I0 5
66412.5. Act not applicable to small, removable commercial
buildings
When so provided by local ordinance, this division shall be inapplicable to
subdivisions of four parcels or less for construction of removable commercial buildings
having a floor area of less than 100 square feet.
[Added,Chapter 412,Statutes of 1977]
66412.6. Lawful parcels created before 3/4/72
i (a) For purposes of this division or of a local ordinance enacted pursuant
h, thereto, any parcel created prior to March 4, 1972, shall be conclusively presumed to
14 have been lawfully created if the parcel resulted from a division of land in which fewer
1� than five parcels were created and if at the time of the creation of the parcel, there was no
I local ordinance in effect which regulated divisions of land creating fewer than five
parcels.
(b) For purposes of this division or of a local ordinance enacted pursuant
thereto,any parcel created prior to March 4 1972,shall be conclusively presumed to have
fbeen lawfully created if any subsequent purchaser acquired that parcel for valuable
consideration without actual or constructive knowledge of a violation of this division or
the local ordinance. Owners of parcels or units of land affected by the provisions of this
subdivision shall be required to obtain a certificate of compliance or a conditional
certificate of compliance pursuant to Section 66499.35 prior to obtaining a permit or
other grant of approval for development of the parcel or unit of land. For purposes of
determining whether the parcel or unit of land complies with the provisions of this
division and of local ordinances enacted pursuant thereto, as required pursuant to
subdivision (a) of Section 66499.35, the presumption declared in this subdivision shall
not be operative.
(c) This section shall become operative January 1, 1995.
[Added,Chapter 500,Statutes of 1993]
66412.7. Date of establishment for subdivisions
A subdivision shall be deemed established for purposes of subdivision (d) of
Section 66499.30 and any other provision of this division on the date of recordation of
the final map or parcel map,except that in the case of(1)maps filed for approval prior to
March 4, 1972, and subsequently approved by the local agency or (2) subdivisions
exempted from map requirements by a certificate of exception(or the equivalent) applied
for prior to such date and subsequently issued by the local agency pursuant to local
ordinance, the subdivision shall be deemed established on the date the map or application
for a certificate of exception(or the equivalent)was filed with the local agency.
f Added,Chapter 479,Statutes of 19801
11 66413. Effect of annexation to city on tentative and final maps
(a) When any area in a subdivision as to which a final map has been finally
approved by a board of supervisors and filed for record pursuant to this division is
thereafter annexed to a city, the final map and any agreements relating to the subdivision
shall continue to govern the subdivision.
(b) When any area in a subdivision or proposed subdivision as to which a
tentative map'or vesting tentative map has been filed but a final map has not been finally
approved, or as to which a parcel map is required by this division or local ordinance but
the final act required to make the parcel map effective has not been taken, is annexed to a
city, all procedures and regulations required by this division or by local ordinance of the
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I � A6
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING THE CITY SUBDIVISION ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 9.62.010 is amended to read as follows:
A tentative map and final map shall be required for all subdivisions where required
by Government Code, Section 66426, subject to the exceptions set foFth in said Section
66426. and exclusions set forth in the State Subdivision Map Act, The Director of Planning
and Zoning shall certify in writing that State requirements have been met for exceptions and
exclusions. (Ord. 1241 & 3, 1985: Ord. 1125 & 2 (part), 1981)
SECTION 2. Section 9.62.015 is amended to read as follows:
A tentative parcel map and a parcel map shall be required for those subdivisions for
which a tentative map and final map are not required by Government Code, Section 66426,
except as provided in Section 9.62.070 and exceptions and exclusions set forth in the State
Subdivision Map Act; provided, a tentative map and parcel map shall not be required for
subdivisions created by short term railroad leases defined in Government Code, Section
66411, except as provided in that section. (Ord. 1241 & 4, 1985)
SECTION 3. Section 9.62.020 is amended to read as follows:
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 except for exceptions and exclusions set forth in the State Subdivision Map Act.
(Ord. 1410 & 7, 1992: Ord. 1145 & 1, 1981: Ord. 1125 & 2 (part), 1981)
SECTION 4: EFFECTIVE DATE:This Ordinance shall be in full force and effect thirty (30)
days after passage.
SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to
the passage of this Ordinance, and to cause the same or a summary thereof
or a display advertisement, duly prepared according to law, to be published
in accordance with law.
llk7
ADOPTED this day of 2002.
AYES:
NOES:
ABSENT:
ATTEST CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED AND APPROVED AS TO FORM IWE
17AS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING THE CITY SUBDIVISION ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 9.62.010 is amended to read as follows:
A tentative map and final map shall be required for all subdivisions where required
by Government Code, Section 66426, subject to the exceptions and exclusions set forth in
the State Subdivision Map Act. The Director of Planning and Zoning shall certify in writing
that State requirements have been met for exceptions and exclusions. (Ord. 1241 & 3,
1985: Ord. 1125 & 2 (part), 1981)
SECTION 2. Section 9.62.015 is amended to read as follows:
Atentative parcel map and a parcel map shall be required for those subdivisions for
which a tentative map and final map are not required by Government Code, Section 66426,
except as provided in Section 9.62.070 and exceptions and exclusions set forth in the State
Subdivision Map Act; provided, a tentative map and parcel map shall not be required for
subdivisions created by short term railroad leases defined in Government Code, Section
66411, except as provided in that section. (Ord. 1241 & 4, 1985)
SECTION 3. Section 9.62.020 is amended to read as follows:
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 except for exceptions and exclusions set forth in the State Subdivision Map Act.
(Ord. 1410 & 7, 1992: Ord. 1145 & 1, 1981: Ord. 1125 & 2 (part), 1981)
SECTION 4: EFFECTIVE DATE:This Ordinance shall be in full force and effect thirty(30)
days after passage.
SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to
the passage of this Ordinance, and to cause the same or a summary thereof
or a display advertisement, duly prepared according to law, to be published
in accordance with law.
I I IS
ADOPTED this day of 2002.
AYES:
NOES:
ABSENT:
ATTEST CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED AND APPROVED AS TO FORM
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