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HomeMy WebLinkAbout1138 Lot Line Adjusts, Parcel Mergers ORDINANCE NO. 1138 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 1 OF THE UKIAH CITY CODE BY ADDING ARTICLE 17.1 (LOT LINE ADJUSTMENTS) AND ARTICLE 17.2 (PARCEL MERGERS) The City Council hereby ordains as follows. SECTION ONE—FINDINGS AND DECLARATIONS The City Council hereby finds and declares as follows. 1. The majority of Division 9, Chapter 1 (Subdivisions) of the Ukiah City Code was adopted in 1958, does not specifically address lot line adjustments or parcel mergers, and is not up-to-date with the State Subdivision Map Act. 2. The State Subdivision Map Act limits local discretion when acting on lot line adjustments to ensuring that the adjustment will not create a greater number of parcels than existed prior to the adjustment; that the adjustment will not result in an increase in the number of non-conforming parcels; that the adjustment will not increase the non-conformity of any parcel; and that all of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, and Building Code. 3. In practice, the City has used the minor subdivision process to review and act on lot (boundary) line adjustments and parcel mergers, which involves public hearings that create a false sense of unlimited discretion inconsistent with the State Subdivision Map Act. 4. The purpose of the ordinance is to clarify and streamline the lot line adjustment and parcel merger processes and to achieve consistency with the State Subdivision Map Act. 5. The Ukiah Planning Commission reviewed and endorsed the proposed lot line adjustment and parcel merger regulations during its review of the Downtown Zoning Code. 6. The Ukiah City Council reviewed and endorsed the proposed lot line adjustment and parcel merger regulations during its public workshop review of the Downtown Zoning Code. SECTION TWO Article 17.1 entitled "LOT LINE ADJUSTMENTS," is hereby added to Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A. 1 SECTION THREE Article 17.2 entitled `PARCEL MERGERS" is hereby added to Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A. Article 18 entitled "MINOR SUBDIVISION PARCEL MAP REQUIRED" is hereby amended to delete Section 8300(A). SECTION FOUR 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on August 1, 2012, by the following roll call vote: AYES: Councilmember Rodin, Baldwin, Crane, and Mayor Landis NOES: None ABSENT: Councilmember Thomas ABSTAIN: None Adopted on September 5, 2012 by the following roll call vote: AYES: Councilmember Thomas, Rodin, Baldwin, Crane, and Mayor Landis NOES: None ABSENT: None ABSTAIN: None 1;1. < ary Anne Landis, Mayor ATTEST: wit : Q . y Clerk 2 EXHIBIT A Article 17.1 Lot Line Adjustments SECTION: §8294 Purpose §8295 Applicability §8296 Application and Processing 205 Cal. App. 4th 162 §8297 Approval or Denial of Adjustment §8298 Completion of Adjustment 8294: PURPOSE: This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustments consistent with the policies of the General Plan, the requirements of this Code, and the requirements of Government Code Section 66412 (d), part of the California Subdivision Map Act ("Map Act"). This Chapter also prescribes the procedures for voluntary parcel mergers. 8295: APPLICABILITY: As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of relocating lot lines between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this Chapter, "adjoining" means touching. 8296: APPLICATION AND PROCESSING: A Lot Line Adjustment application shall be prepared, filed, and processed as prescribed by this Section. A. Application submittal and contents. A Lot Line Adjustment Application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the City Planning Department. B. Application fees. Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee, when the application is submitted. C. Application review. City staff shall review the application for completeness and accuracy. The application may be referred to any city department or any public agency that may be affected or have an interest in the proposed lot line adjustment. D. Environmental review. A Lot Line Adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"), d. See Pub. Resources Code, § 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162. E. Public notice. No public notice is required as the lot line adjustment application is a ministerial action. F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this Code based on the entitlements included in the application. 8297: APPROVAL OR DENIAL OF ADJUSTMENT: The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Chapter, City's general plan and zoning ordinance, Ukiah Municipal Airport Master Plan, and the California Building, and related codes as adopted in the City (hereafter, "Building Code"). The City Engineer may approve, conditionally approve, or deny the Lot Line Adjustment in compliance with this Section. A. Required Findings: A proposed Lot Line Adjustment shall be approved if the City Engineer finds all of the following: 1. The adjustment will not create a greater number of parcels than existed prior to the adjustment; 2. The adjustment will not result in an increase in the number of non-conforming parcels; 3. The adjustment will not increase the non-conformity of any parcel; and 4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, and Building Code. B. Conditions of Approval: In approving a Lot Line Adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within 10 days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. 8298: COMPLETION OF ADJUSTMENT: Within 12 months after approval, the Lot Line Adjustment process shall be completed in compliance with this Section through the recordation of a deed, after all conditions of approval have been satisfied. A. Completion by Deed. A Lot Line Adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with Subsection B below, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered, civil engineer, or a land surveyor licensed or registered in the State in accordance with state law and shall be accompanied by a preliminary title report prepared within fifteen days of the date of submission by a title company approved by the City Engineer. B. Review and Approval by the City Engineer. The City Engineer shall: 1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment; 2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the Review Authority; 3. Verify that the property owners have obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel and that any liens covering the adjacent property have been modified to cover the newly created larger parcel; 4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and 5. After approval of the legal description, assemble the deeds and return them to the applicant's title company for recordation. C. Expiration. The approval of a Lot Line Adjustment shall expire and become void, if the adjustment has not been completed as required by this Section within 12 months of approval. Article 17.2: Parcel Mergers SECTION: §8299 Merger Not Required §8299.1 Processing of Requested Merger §8299.2 Review Authority §8299.3 Conditions of Approval §8299.4 Completion of Merger 8299: MERGER NOT REQUIRED: Two or more contiguous parcels or units of land which have been subdivided under the provisions of this Code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this Code shall be required for the purpose of sale, lease or financing, except as provided by this Chapter. 8299.1: PROCESSING OF REQUESTED MERGER: Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with Map Act Section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. 8299.2: REVIEW AUTHORITY: The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with Map Act Section 66451.11. The City Engineer may refer any proposed merger to any Department or Agency that may have an interest in the merger. 8299.3: CONDITIONS OF APPROVAL: In approving a merger, the City Engineer may impose reasonable conditions. The reasonableness of conditions imposed by the City Engineer may be appealed to the City Council within 10 days of written notice of the conditions in compliance with Section 8337 (Appeals). 8299.4: COMPLETION OF MERGER: Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer. ARTICLE 18. MINOR SUBDIVISION PARCEL MAP REQUIRED SECTION: §8300: Minor Subdivision Defined §8301: Procedure For Approval Of Minor Subdivisions §8302: Application For Minor Subdivisions §8303: Certification Of Map And Conveyance §8304: Requirements For Minor Subdivisions §8305: Requirements For Minor Subdivisions With Property Not Abutting A Dedicated City Street §8306: Exemption From Requirement Of Filing Final Map §8307: Appeal To Commission §8308: Determination By Commission §8300 MINOR SUBDIVISION DEFINED: A"minor subdivision" is a subdivision as defined herein, in which the city engineer finds that either of the following conditions are present: A. The transfer of property is between adjacent property owners and docs not involve the creation of any new building sites, or B. All of the following conditions are present: 1. No street opening or improvement proceedings are required in the proposed subdivision. 2. Not more than four(4) lots are contained in the proposed subdivision. 3. The proposed subdivision is situated in a locality where conditions are well defined by existing development. 4. Property proposed to be subdivided shall abut a dedicated street. (Ord. 533, §10.1, adopted 1958) §8301 PROCEDURE FOR APPROVAL OF MINOR SUBDIVISIONS: Notwithstanding any other provisions of this chapter to the contrary, the procedure set forth in this article shall govern the processing of and requirements pertaining to minor subdivisions. (Ord. 533, §10.2, adopted 1958) §8302 APPLICATION FOR MINOR SUBDIVISIONS: The subdivider of a minor subdivision shall file an application with the city engineer on a form prescribed by the city engineer. The application shall be accompanied by a fee established by resolution of the city council which will not be refundable, together with a parcel map prepared as set forth in section 66445 of the Government Code. (Ord. 533, §10.3, adopted 1958; Ord. 682, §19, adopted 1976) §8303 CERTIFICATION OF MAP AND CONVEYANCE: If the city engineer determines that the proposed subdivision meets the requirements of this chapter, then he shall certify to this fact on the map and any conveyance to be drawn by the owners of the land being subdivided. (Ord. 533, §10.4, adopted 1958) §8304 REQUIREMENTS FOR MINOR SUBDIVISIONS: The following requirements may be imposed as a condition of approval of minor subdivisions: A. Dedication of utility easements and street rights of way. This may be done either on the map or by separate document. B. Proof that there are adequate utilities for the proposed use of land, such as an adequate water supply and adequate sanitary sewer facilities. (Ord. 533, §10.51, adopted 1958; Ord. 682, §20, adopted 1976)