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HomeMy WebLinkAbout25 CODE AMDMT: 06-003: ORD 1314-LOT LINE ADJ 09-05-06AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2006 TO: WilLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE NO. 1314 SECOND READING - CODE AMENDMENT 06-003 RELATED TO lOT LINE ADJUSTMENTS SUMMARY: The proposed ordinance 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 existing adjoining parcels; and, 2) allow a lot Line Adjustment to reduce but not increase the number of parcels. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1314 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On August 7, 2006, the City Council had first reading by title only and introduction of the following Ordinance: 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 Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance 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 1 of 4 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, 6. All fees and/or deposits have been submitted and accepted. Ordinance No. 1314 Page 2 of 4 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 portion thereof irrespective of the fact that anyone or more sections, Ordinance No. 1314 Page 3 of 4 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 5th day of September, 2006. DOUG DAVERT Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on August 7, 2006, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on September 5, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1314 Page 4 of 4