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HomeMy WebLinkAbout01 CODE AMEND 06-003: LOT LINE ADJSTMT 08-07-06 AGENDA REPORT MEETING DATE: AUGUST 7,2006 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-003 RELATED TO lOT LINE ADJUSTMENTS SUMMARY 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, Code Amendment 06-003 would bring the City's Subdivision Code related to the processing of lot Line Adjustments to be consistent with the provisions of the State's Subdivision Map Act. The proposed amendments would: 1) limit the number of lots included in a lot Line Adjustment to no more than four (4) existing adjoining parcels; and, 2) allow a lot Line Adjustment to reduce but not increase the number of parcels. On July 24, 2006, the Planning Commission adopted Resolution No. 4030, recommending that the City Council approve Code Amendment 06-003 to amend the Tustin City Code related to lot Line Adjustments. Applicant: City of Tustin Community Development Department RECOMMENDATION That the City Council conduct a public hearing; introduce and have the first reading of Ordinance No. 1314, approving Code Amendment 06-003; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT The proposed code amendment would amend the City Code relating to lot line adjustments. There are no direct fiscal impacts associated with the proposed code amendment. ENVIRONMENTAL The proposed amendment is not subject to the Califomia Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3 of the California Code of Regulations, Sections City Council Report Code Amendment 06-003 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. DISCUSSION The 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 City's 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. On July 24, 2006, the Planning Commission adopted Resolution No. 4030 recommending that the City Council approve Code Amendment 06-003. PROPOSED AMENDMENTS Code Amendment 06-003 is included as part of Ordinance No. 1314 (attached) Edmelynne Villanueva Assistant Planner Elizabeth A. Binsack Community Development Director Attachment: Ordinance No. 1314 S:ICddICCREPORT\CA 06-003 LLA.doc ORDINANCE NO. 1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 06-003 AMENDING TUSTIN CITY CODE SECTION 9322 RELATING TO LOT LINE ADJUSTMENT REGULATIONS. The City Council of the City of Tustin does hereby ordain as follows: Section I. The City Council finds and determines as follows: A. That the proposed code amendment 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 proposed code amendment will allow for lot line adjustments whereby four (4) or fewer existing adjoining parcels are involved. C. That the proposed code amendment will allow for lot line adjustments whereby a greater number of parcels would not be created and allow for lot line adjustments to result in compliance with applicable general plan, subdivision, zoning and building codes. D. That the proposed code amendment will create consistency between the City's requirements for lot line adjustments and State Subdivision Map Act Section 66412(d). E. That on July 24, 2006, the Planning Commission held a public hearing and the Planning Commission recommended that the City Council approve Code Amendment 06-003. F. That on August 7, 2006, a public hearing was duly noticed, called, and held on Code Amendment 06-003 by the City Council. G. That this ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA), as found in California Code of Regulations Sections 15060(c)(2) and 15060(c)(3). H. That the proposed code amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. Ordinance No. 1314 Page 2 I. That the proposed code amendment is 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. Section II. Section 9322.a is hereby amended to read as follows: a Purpose The purpose of this section is to provide for the submittal and processing of lot line adjustments in compliance with the Subdivision Code. Section III. Section 9322.b is hereby amended to read 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: 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, Ordinance No. 1314 Page 3 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 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. Section IV. Sections 9322.d.1, 9322.d.2 and 9322.d.3 are hereby amended to read as follows: 1. A greater number of parcels would not be created with the approval of the lot line adjustment; 2. The proposed adjustments involve four (4) or fewer existing adjoining parcels; 3. The proposed adjustments to the existing parcels result in compliance with applicable general plan, zoning and building codes; and, 4. The proposed adjustments are in compliance with the City's Subdivision Code and the Subdivision Map Act. Section V. Section 9322.e.2 is hereby amended to read 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 (Expirations/Time 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. Section VI. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or Ordinance No. 1314 Page 4 portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th day of August, 2006. DOUG DA VERT Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1314 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1314 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of August, 2006 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 21 st day of August, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk