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HomeMy WebLinkAbout1237 - Enhance Application Process and Review for Lot Line Adjustments and Parcel Mergers ORDINANCE NO. 1237 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS)AND ARTICLE 17.2(PARCEL MERGERS)TO ENHANCE APPLICATION PROCESSES AND REVIEW WHEREAS, on December 7, 2022, the City Council adopted a resolution adopting the 2040 General Plan (Resolution No. 2022-79), as well as a Resolution certifying the EIR, adopting the Findings of Fact and Statement of Overriding Considerations, and approving the Mitigation Monitoring Reporting Program (Resolution No. 2022-78). (State Clearinghouse No. 2022-050556); and WHEREAS, the Housing Element contained in the City's 2040 General Plan specifies implementation measures with a goal to facilitate the consolidation of smaller, multi-family parcels by providing technical assistance to property owners and developers in support of lot consolidation; and WHEREAS, in 2020, the City of Ukiah received grant funding from California Department of Housing and Community Development through a Local Early Action Planning (LEAP) grant to explore policies and options to facilitate the consolidation of smaller, multi-family parcels by providing technical assistance or incentives to property owners; and WHEREAS, upon evaluating the feasibility of Lot Consolidation incentives and researching the approaches of similar jurisdictions, Community Development staff concluded that additional merger rincentives were unwarranted, due to limitations created by existing density restrictions, the City's zoning pattern, a residential sites inventory that features sufficient capacity, and a lack of adjacent underdeveloped or vacant sites conducive to residential development; and. WHEREAS, in 2023, in 14 days, the City processed and approved parcel merger (#23-8285) to facilitate the construction of 72-units of multi-family housing by prioritizing review, providing technical assistance, and processing the request at a reduced rate, thereby demonstrating the City's ability to use existing policies to encourage the consolidation of parcels for multifamily residential development; and WHEREAS, the City of Ukiah is largely built out, future development necessitates that the City's Lot Line Adjustment policies and procedures be streamlined so that additional infill residential development can be realized; and WHEREAS, California Government Code, Section 65800 et seq. authorizes the City of Ukiah ("City") to adopt and administer zoning laws, ordinances, rules, and regulations as a means of implementing the General Plan; and WHEREAS, pursuant to the California Environmental Quality Act(Pub. Resources Code, 21000 et seq.) ("CEQA"), the City is Lead Agency for the Housing Element, Housing Action Plan and implementation of associated grants; and WHEREAS, the general rule exemption set forth in Section 15061(b)(3) of the California Environmental Quality Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq, "CEQA Page 1 of 7 Guidelines") applies to this action because, for the reasons set forth in the staff report accompanying this Ordinance, the Project does not have the potential to cause a significant effect on the environment and is therefore not subject to CEQA, as the amendments proposed would not expand or reduce the City's policies or allowances related to Lot Line Adjustment or Lot Mergers but rather ensure consistency with existing plans and only require the application components necessary to determine completeness and ensure compliance with State Law; and WHEREAS,on February 7, 2023,the City Council held a duly noticed public hearing on the. subject amendments, and considered evidence presented by City staff, and other interested parties. NOW, THEREFORE, the City Council of the City of Ukiah hereby finds and declares as follows: SECTION ONE -FINDINGS AND DECLARATIONS 1. The majority of Division 9, Chapter 1 (Subdivisions) of the Ukiah City Code was adopted in 1958 and updated in 2012 by Ordinance No. 1138. Since that time the City has adopted new plans, such as the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), as well as altered the naming conventions of City Departments, thereby necessitating minor corrections and clarifications within City Code. 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. The purpose of the ordinance is to clarify and streamline the lot line adjustment and parcel merger processes, reduce or remove unnecessary application requirements, and encourage, where appropriate, merger of parcels. 4. The amendments proposed would not expand or reduce the City's policies or allowances related to Lot Line Adjustment or Lot Mergers but rather ensure consistency with existing plans and only require the application components necessary to determine completeness and ensure compliance with State Law. SECTION TWO Article 17.1 entitled "LOT LINE ADJUSTMENTS," is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A. SECTION THREE Article 17.2 entitled "PARCEL MERGERS" is hereby amended within Division 9 (Planning and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit A. Page 2 of 7 SECTION FOUR 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph,sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 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 February 7, 2024, by the following roll call vote: AYES: Councilmembers Orozco, Sher, Rodin, Crane and Mayor Duenas NOES: ABSENT: ABSTAIN: Adopted on February 21, 2024, by the following roll call vote: AYES: Councilmembers Orozco, Sher, Rodin, Crane and Mayor Duenas NOES: ABSENT: ABSTAIN: Joslft D46nas, Mayor ATTEST: r Kristine Lawler, City Clerk Exhibit A: Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers) Page 3 of 7 EXHIBITA CHAPTER 1 SUBDIVISIONS ARTICLE 17.1. LOT LINE ADJUSTMENTS SECTION: 18294: Purpose §8295: ApplicabilitX 8296: Application And Processing 8297: Approval Or Denial Of Adjustment §8298: Completion Of Adaustment §8295PURPOSE 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. (Ord. 1138, §2 (Exh. A), adopted 2012) M §8295 APPLICABILITY As provided by the Subdivision Map Act of the State of California set forth in the Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) 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. (Ord. 1138, §2 (Exh. A), adopted 2012) §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 Community Development 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. Page 4 of 7 EXHIBITA 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"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1 st 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. (Ord. 1138, §2 (Exh. A), adopted 2012) §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, the City's General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility 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 nonconforming parcels; 3. The adjustment will not increase the nonconformity of any parcel; and 4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, 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, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities. Page 5 of 7 EXHIBIT A 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 ten (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. (Ord. 1138, §2 (Exh. A), adopted 2012) §8298 COMPLETION OF ADJUSTMENT Within twelve 0 2) 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 of this section, 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 (15) days of the date of submission by a title company, if determined necessary, 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. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and 4. 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 twenty-four (24) months of approval. (Ord. 1 138, §2 (Exh. A), adopted 2012) ARTICLE 17.2. PARCEL MERGERS SECTION: 48299: Merger Not Required 48299.1: Processing.Of Requested Merger Page 6 of 7 EXHIBITA 0299.2: Review Author!,x §8299.3: Conditions Of Approval §8299.4: Completion Of Merger §8299.5: Merger Incentives §8299 MERGER NOT REQUIRED Two (2) 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. (Ord. 1138, §3 (Exh. A), adopted 2012) §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 the California Subdivision Map Act. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.2 REVIEW AUTHORITY The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with the California Subdivision Map Act. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012) §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 ten (10) days of written notice of the conditions in compliance with section 8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012) §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. (Ord. 1138, §3 (Exh. A), adopted 2012) §8299.5 MERGER INCENTIVES Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a reduced rate per the adopted fee schedule of the Community Development Department. Application processing shall be prioritized throughout the planning entitlement phase to the extent feasible. Page 7 of 7 0 0