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Home My WebLink About02 CA 06-003 ITEM #2 Inter-Com DATE: JULY 24, 2006 TO: FROM: PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-003 (REVISION TO TUSTIN CITY CODE SECTION 9322 RELATED TO LOT LINE ADJUSTMENTS) RECOMMENDATION That the Planning Commission adopt Resolution No. 4030 recommending that the City Council approve Code Amendment No. 06-003 to amend Tustin City Code Section 9322 relating to Lot Line Adjustments. BACKGROUND AND DISCUSSION Tustin City Code Section 9322 (the "Subdivision Ordinance") provides for the submittal and processing of lot line adjustments between two or more existing properties in which a greater or fewer number of parcels is not created. Currently, the Subdivision Ordinance does not specify the maximum number of parcels that can be involved in a Lot Line Adjustment, nor does it allow for the elimination of a parcel through a Lot Line Adjustment. Over the past several years, the State's Subdivision Map Act has undergone several minor revisions. Although the City's Subdivision Ordinance can be more restrictive than the State's Subdivision Act, staff believes that two of these recent revisions would be beneficial to the processing of Lot Line Adjustment applications and should be included in a revised City Code. The two revisions include: 1) a proposed revision to limit the number of lots included in a Lot Line Adjustment to no more than four (4) existing adjoining parcels; and, 2) a proposed revision to allow a Lot Line Adjustment to reduce but not increase the number of parcels. The proposed Code Amendment would ensure that the City's Subdivision Ordinance was consistent with these provisions of the State's Subdivision Map Act. PROPOSED AMENDMENTS Code Amendment 06-003 is attached. ENVIRONMENTAL ANALYSIS The proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3 of the California Code of Regulations, Sections PC Report CA 06-003 July 24, 2006 Page 2 of 2 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. e:'n~la-:d! JI:. ~ Assistant Planner $~ff /1.#; /L4..1 Elizabeth A. Binsack Community Development Director Attachment: Resolution No. 4030 RESOLUTION NO. 4030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-003 AMENDING TUSTIN CITY CODE SECTION 9322 RELATING TO LOT LINE ADJUSTMENT REGULATIONS. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the proposed amendments of the Tustin City Code related to lot line adjustments have been prepared for consistency with the State's Subdivision Map Act. B. That the Tustin City Code currently allows for lot line adjustments between two (2) or more existing parcels whereby a greater or fewer number of parcels would not be created. C. That State Subdivision Map Act Section 66412(d) allows for lot line adjustments between four (4) or fewer existing parcels whereby a greater number parcels would not be created. D. That the proposed amendments will allow for lot line adjustments whereby four (4) or fewer existing adjoining parcels are involved. E. That the proposed amendments will allow for lot line adjustments whereby a greater number of parcels would not be created. F. That the proposed amendments will allow for lot line adjustments to result in compliance with applicable general plan, subdivision, zoning and building codes. G. That the proposed amendments will create consistency between the City's requirements for lot line adjustments and State Subdivision Map Act Section 66412(d). H. That on July 24, 2006, a public hearing was duly noticed, called, and held on Code Amendment 06-003 by the Planning Commission. I. That the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), as found in Exhibit A Resolution No. 4030 CA 06-003 Page 2 California Code of Regulations Sections 15060(c)(2) and 15060(c)(3). J. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. K. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Land Use Element Goal 2 to ensure that future land use decisions are the result of sound and comprehensive planning. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 06-003 by amending Section 9322 of the Tustin City Code as follows: Section 9322.a is hereby amended as follows: a Purpose The purpose of this section is to provide for the submittal and processing of lot line adjustments fer the R'ledification of existing flroflerty lines eeWloon twe (2) er R'lero existing proportios in compliance with the Subdivision Code. Section 9322.b is hereby amended as follows: b Applicability An application for a lot line adjustment shall be filed with the Department in compliance with 9321.c (Application Filing and Fees). The lot line adjustment shall be prepared in a manner acceptable to the City Engineer and shall be prepared by a registered civil engineer or licensed land surveyor. The lot line adjustment shall be clearly and legibly drawn and shall contain the information identified in the City's Subdivision Manual, unless waived by the City Engineer. The City Engineer may also require additional materials, exhibits, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the Subdivision Code. Lot line adjustment applications shall be determined to be complete by the Engineering Division only when: Exhibit A Resolution No. 4030 CA 06-003 Page 3 1. All necessary application forms. materials, and exhibits as established by the Public Works Department/Engineering Division are accepted as adequate; 2. A legal description of the parcels with proposed adjustments. signed by a California Registered Civil Engineer or Licensed Land Surveyor is accepted as adequate; 3. Traverse with closures for proposed adjustments are accepted as adequate; 4. A preliminary title report showing the legal owners and any encumbrances and easements is accepted as adequate. Said title report shall be updated every six (6) months from the date of the original submittal until final action is taken on the application; 5. A site plan of the parcels showing all existing and proposed structures and site improvements with the adjustments to ensure compliance with applicable zoning and building codes is accepted as adequate; and, 6. All fees and/or deposits have been submitted and accepted. Lot line adjustments may be considered by the Council in compliance with 9321.b (Authority for Subdivision Decisions) without a public hearing. An application for approval of a lot line adjustment in compliance with this part shall be submitted prior to or concurrently with all applications for other necessary discretionary approvals for the development. Any request which would create a greater or fm...or number of properties shall require the filing of a tentative parcel or tentative tract map in compliance with 9323 (Tentative Parcel and Tentative Tract Maps), or as may otherwise be provided by the Subdivision Code. Sections 9322.d.1, 9322.d.2 and 9322.d.3 are hereby amended as follows: 1. A greater er fewer number of parcels I'lrel3ertios would not be created with the apProval of the lot line adjustment; 2. The proposed adiustments involve four (4) or fewer existino adioinino parcels: Exhibit A Resolution No. 4030 CA 06-003 Page 4 ~2. The proposed adjustments to the existing parcels proportioG result in compliance with applicable qeneral plan. zoning and building codes; and, ~3. The proposed adjustments are in compliance with the City's Subdivision Code and the Subdivision Map Act. Section 9322.e.2 is hereby amended as follows: 2. Expiration/Extensions. Upon approval, and satisfaction of any conditions imposed, the Public Works/Engineering Division shall transmit the approved lot line adjustment to the County Recorder's Office. A lot line adjustment shall be recorded within two (2) years from the date of approval or other time frame that may be established with the lot line adjustment approval. Time extensions may be granted in compliance with 9321.h (ExpirationslTime Extensions). If a lot line adjustment is not exercised within the established time frame and a time extension is not granted, the lot line adjustment shall be deemed to have expired. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24th day of July, 2006. BRETT FLOYD Chairperson Pro Tem ELIZABETH BINSACK Planning Commission Secretary Exhibit A Resolution No. 4030 CA 06.003 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4030 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 241 day of July, 2006. ELIZABETH BINSACK Planning Commission Secretary