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2019-10 Amend Ch 24.60 (Minor Subdivisions) & Ch 24.70 (Lot Line Adjustments) 1 ORDINANCE 2019-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, ADOPTING AMENDMENTS TO CHAPTERS 24.60 (MINOR SUBDIVISIONS —TENTATIVE PARCEL MAP) AND 24.70 (LOT LINE ADJUSTMENTS) OF TITLE 24 (SUBDIVISIONS) OF THE ENCINITAS MUNICIPAL CODE (CASE NUMBER: PLCY-003239-2019) WHEREAS, the Planning Commission conducted a public hearing on August 15, 2019, to discuss and consider proposed amendments to Title 24 (Subdivisions); considered public testimony and made a recommendation to the City Council; WHEREAS, a Public Notice of Availability of the proposed Local Coastal Plan Amendments (LCPA) was issued, which opened a six-week public review period that ran from July 26, 2019 through September 6, 2019; . WHEREAS, the City Council conducted a Public Hearing on August 28, 2019, for the purpose of considering amendments to Chapter 24.60 (Minor Subdivisions — Tentative Parcel Map) to Chapter 24.70 (Lot Line Adjustments)Title 24 (Subdivisions) of the Encinitas Municipal Code; WHEREAS, the City Council finds that the City's Municipal Code provisions should be amended to be more in compliance with State law and improve existing regulations; WHEREAS, the City Council finds the proposed text amendments are consistent with the General Plan, the purposes of the Municipal Code, and other applicable City ordinances in that the amendments do not change the intent of the sections to be amended; WHEREAS, the City Council has duly considered all public testimony and the evaluation and recommendation by the Planning Commission and staff, presented at said hearing; and WHEREAS, the City Council finds that the amendments are consistent with the adopted Local Coastal Plan in that the amendments do not propose any change in land use or water uses. Additionally, this Ordinance is intended to be carried out in a manner in full conformance with the California Coastal Act of 1976 and the Development Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the California Coastal Commission for their review and adoption. NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows: SECTION ONE: Chapters 24.60 (Minor Subdivisions — Tentative Parcel Map) and 24.70 (Lot Line Adjustments) of Title 24 (Subdivisions) of the City of Encinitas Municipal Code are hereby amended as follows: SEE EXHIBIT "A" SECTION TWO: ENVIRONMENTAL DETERMINATION. The City Council, in its independent judgment, finds that the adoption of the Municipal Code and Local Coastal Program is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5). Section 15378(b)(5) exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. The action before the Planning Commission is to receive the presentation and provide input or further direction, as appropriate, which may inform how future work will be conducted. Environmental review will be considered for any resulting future projects. SECTION THREE: PUBLIC NOTICE AND EFFECTIVE DATE. The City Clerk is directed to prepare and have published a summary of this ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas except for those properties located outside of the Coastal Zone that do not require certification from the California Coastal Commission. SECTION FOUR: SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FIVE: INTRODUCTION. This Ordinance was introduced on August 28, 2019. PASSED AND ADOPTED this 11th day of September, 2019 by the following vote to wit: AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca NAYS: None ABSTAIN: None ABSENT: None Catherine S. Blakespear, Mayor City of Encinitas ATTESTATION AND CERTIFICATION: i I hereby certify that this is a true and correct copy of Ordinance No. 2019-10 which has been published pursuant to law. Kat y Hollywood, City Clerk EXHIBIT A Chapter 24.60 MINOR SUBDIVISION—TENTATIVE PARCEL MAP Sections: 24.60.010 Requirement 24.60.020 Tentative Map Contents and Procedure 24.60.030 Eligibility to File 24.60.040 Determination of Eligibility 24.60.050 Parcel Map Waiver 24.60.060 Expiration and Extension of Tentative Parcel Map 24.60.010 Requirement Every subdivider proposing to create a minor subdivision shall comply with the procedure and requirements contained in this chapter. (Ord. 87-10) 24.60.020 Tentative Map Contents and Procedure Unless otherwise provided in this title, tentative parcel maps shall be subject to the requirements and procedures applicable to tentative maps contained in Chapter 24.50. (Ord. 87-10; Ord. 92-14) 24.60.030 Eligibility to File Any person shall be eligible to file a minor subdivision application to create four or fewer parcels on a parcel of land when: A. Such parcel has been created legally or has been approved for development; B. The applicant or owners by their current application will not have created, caused to be created, or participated in the creation of more than four parcels on contiguous property unless such parcels were created by the major subdivision process. For purposes of interpreting this section, the term "participated" shall mean having cooperated with or acted in a planning, coordinating or decision making capacity in any formal or informal association or partnership for the purpose of dividing real property; C. Such minor subdivision is consistent with all applicable adopted general, community and sub- area plans; and D. Notwithstanding the provisions of Section 66426 of the state Subdivision Map Act, any pro- posed subdivision to create five or more parcels, regardless of parcel size before or after the subdivision, and is subject to the provisions of Chapters 24.50 and 24.54 of this title. (Ord. 87-10; Ord. 92-14) 24.60.040 Determination of Eligibility. The applicant or owner shall certify or declare under penalty of perjury that he or she is eligible to divide property by the minor subdivision process. Prior to issuing any notice of approval, the Development Services Director of PlanRiRg and Building (hereinafter "Director") shall review the certification or declaration and any other pertinent information and determine the eligibility of the applicant or owner to divide property by the minor subdivision process. If the Director determines that there is evidence that the eligibility requirements have not been met, or that there is evidence that the transactions relating to the subdivision may have been collusive or for the purpose of evasion of the Act or this title, the Director shall require documentary evidence to establish that the applicant or owner meets the requirements and that the transactions are or were bona fide transactions and not intended to evade the Act or this title. As determined by the Director, such evidence shall include, but is not limited to, true copies of escrow instructions, grant deeds and offers to purchase and such statements under oath satisfactory to the Director to establish that the applicant or owner has acquired the property by a legitimate arm's length transaction. Such statements shall cover such matters as the adequacy of consideration for the transactions, whether the transfer was to a close relative or business associate, the retention of control or financial interest in the transaction, or any other matter necessary to establish that the transaction is not part of a conspiracy or plan to evade the Act or this title. (Ord. 87-10; Ord. 2003-08) 24.60.050 Parcel Map Waiver. Under the circumstances and subject to the provisions specified in this section, in lieu of the requirements to file and receive approval of a tentative and final parcel map and to record a final parcel map, a subdivider may file for approval of a parcel map waiver. A. A parcel map waiver may be applied to the following types of subdivisions: ,1. Fesulting On the Greatien Of nno single lot; nr 21. A condominium conversion when no new units or lots are being created. B. Prior to approval of a parcel map waiver, the following finding shall be made: The proposed subdivision and each of the lots proposed te be created condominium conversion complyies with requirements as to area, on-site improvements, design, access, floodwater drainage control, adequate boundary monumentation, dedications of right-of-way, payment of development fees, appropriate improved public streets and other off-site improvements, sanitary disposal facilities, water sup- ply availability, fire protection facilities, environmental review and protection, grading, and any and all other requirements of this title and the state Subdivision Map Act which would be applicable to review and approval of a tentative final parcel map. C. For purposes of consideration of a parcel map waiver application, the Director shall be the authorized agency. Any determination of the Director may be appealed* to the next higher approval authority as provided under this title. (*See Chapter 1.12.) D. An application for a parcel map waiver shall be submitted on such form and with such material as shall be determined by the Director. Such material shall include a parcel map waiver plat which shall provide all information required by this title to be provided on a tentative parcel map. Such fee as may be adopted by the City for a parcel map waiver application shall be paid. The application shall be distributed for review and comment as determined by the Director. Such distribution shall include review by the City Engineer to determine compliance with technical requirements applicable under the state Subdivision Map Act. E. After receipt of all comments and review of the proposed subdivision, the Director shall determine if the required findings can be made and the application for parcel map waiver is approved or denied. Prior to any determination of approval, acceptance by the City Engineer by signature on the Final Parcel Map waiver plat shall be obtained. A letter of determination shall be provided to the applicant. An approval shall be valid for a period of one year from the date of approval, within which time the remaining procedures under subsection F of this section shall be completed, otherwise the approval shall expire. F. If no appeal is filed or if approval is granted after an appeal, upon notification of approval the applicant(s) for a parcel map waiver shall have a site survey done and have a record of survey prepared and recorded at the County Recorder's office application. The applicant(s) shall also have prepared and recorded new deeds of property ownership to ronfOffn to the lets approved. The applicant(s) shall deliver to the Director copies of the recorded record of survey plat and the recorded deeds of ownership tege+her w th nleeUre E;aIn„IatiGRS for each of the new late Upon confirmation that these instruments are in substantial compliance with the parcel map waiver application as approved, the Director shall have prepared and recorded a certificate of compliance fer ennh of the new lets Recordation of the certificate(s) of compliance shall complete the parcel map waiver process for an approved application. (Ord. 88-10; Ord. 92- 14; Ord. 92-39; Ord. 2017-03) Chapter 24.70 LOT LINE ADJUSTMENTS Sections: 24.70.010 Requirements. 24.70.020 Filing of Application. 24.70.030 On-Site Sewage Disposal. 24.70.040 Director's Action. 24.70.060 Approval of Application. 24.70.070 Appeal. 24.70.080 Action on Appeal. 24.70.090 Expiration of Approval. 24.70.100 Extension of Approval. 24.70.110 Completion of Approved Lot Line Adjustment. 24.70.010 Requirements. A. Notwithstanding any other provisions of this title to the contrary, every person desiring to ad- just a legal lot line between two or more adjacent lots, where the land taken from one lot is added to an adjacent lot, or to merge contiguous parcels under common ownership initiated by a private property owner, without creating a greater number of lots shall comply with the provisions of this chapter. All lots prior to adjustment proposed to be included in a lot line adjustment or merger shall be lots lawfully created under the provisions of the state Subdivision Map Act and local ordinances adopted pursuant thereto. B. In the alternative, the applicant may elect to accomplish a lot line adjustment by preparing a parcel map in accordance with this title without filing a tentative parcel map. (Ord. 87-10; 88- 10) 24.70.020 Filing of Application. A. The applicant shall file with the Planning and Building Development Services Director (hereinafter "Director") an adjustment plat prepared and signed by a licensed civil engineer or land surveyor and the subject property owner(s), which clearly shows all existing and proposed lot lines and all structures on the properties. The form and content of the application must comply with the requirements established by the Director. B. The applicant shall pay the established fee before the application is accepted for filing. (Ord. 2003-08) 24.70.030 On-Site Sewage Disposal. A. Prior to approval of a lot line adjustment, any parcel which is served by an on-site sewage disposal system must be reviewed by the Department of Health to ensure that the proposed lot line adjustment: 1. Will not adversely impact upon existing sewage disposal facilities; and 2. Will conform to all property line setback requirements for sewage disposal facilities. B. No lot line adjustment shall be approved for any property with a substandard, on-site sewage disposal system unless such system is improved to conform with existing standards. C. Upon review and approval by the Department of Health, a designated officer of the Department shall sign a certificate on the proposed record of survey. (Ord. 87-10) 24.70.040 Director's Action A. The Director shall determine whether the existing parcels to be adjusted are legal lots of re- cord. The Director may require a certificate of compliance be prepared for the existing parcels. The applicant shall pay the required fee for preparation of the certificate of compliance. B. The Director shall act within 45 days of filing a complete application. C. The Director is authorized to approve, disapprove or direct the revision of the proposed lot line adjustment in order to bring the proposal into conformance with the Municipal Code as to setbacks, lot width, lot depth and lot area. D. The decision of the Director shall become final 10 days after the decision unless a timely appeal is filed. (See Chapter 1.12.) E. The Director when authorized, shall render a final determination without conducting a noticed public hearing. The Director may hold a public hearing prior to making a final determination which shall be noticed according to the provisions of Chapter 30.01 as modified by this chapter. The Director may refer the application, with a recommendation to the Planning Commission. F. If the Director has referred the application to the Planning Commission, the Director shall cause the filed application to be presented at a noticed public hearing conducted by the Planning Commission. G. The Planning Commission shall make a final determination on the application when authorized. Otherwise, the Planning Commission shall make a recommendation to the City Council. H. If the Planning Commission made a recommendation, the Director shall cause the filed application to be presented at a noticed public hearing conducted by the City Council which shall render a final decision. (Ord. 92-14; Ord. 92-39; Ord. 96-07) 24.70.060 Approval of Application. The application to adjust a lot line shall be approved unless the parcels resulting from the adjustment will: A. Create a condition which does not comply with zoning and development regulations. All parcels resulting from a lot line adjustment shall comply with minimum City requirements for lot size, dimensions, access, parking and circulation, and all other applicable development standards established through the Zoning and Development Code. The lot line adjustment shall also be found to promote available design standards and guidelines as established through the Zoning and Development Code. The lots resulting from a lot line adjustment and existing and/or potential development on those lots shall be found to be within limitations for lot density and intensity of development and use as established through the Zoning and Development Code. B. Create a condition which does not comply with building regulations. C. Materially, adversely affect an agreement for the security for the construction of public improvements. D. Extends beyond the City limit boundary. E. Requires substantial alteration of any existing improvement or creates a need for any new improvement. F. Adjusts the boundary line between lots which are subject to an agreement for public improvements, unless the City Engineer finds that the proposed adjustment will not materially affect such agreement for the security therefor. (Ord. 87-10; Ord. 88-10) 24.70.070 Appeal A. Any person aggrieved by a final determination made under the authority of this chapter may file with the next higher authority an appeal pursuant to Chapter 1.12. B. A final determination by the Director or the Planning Commission shall be appealed to the City Council. (Ord. 92-14; Ord. 92-39) 24.70.080 Action on Appeal The appeal authority shall sustain, overrule or modify the decision. With the concurrence of the applicant, the matter may be returned to the authorized agency for further action. (Ord. 92-39) 24.70.090 Expiration of Approval An action to approve a lot line adjustment shall be valid for two years from the date of action of the authorized agency or appeal authority. Within this time the remaining procedures specified under Section 24.70.110 of this chapter shall be completed; otherwise, the approval shall expire and be of no further effect. (Ord. 92-39; Ord. 2017-03) 24.70.100 Extension of Approval A. The Director may grant time extensions to approved lot line adjustment applications according to the following procedures and standards: 1. Upon application received prior to the expiration of the approved lot line adjustment, the Director may extend the time of expiration for a period not to exceed one year from the date of expiration of the approved lot line adjustment application. No more than three such time extensions may be granted to any lot line adjustment application. The Director shall consider the current circumstances of the site and the surrounding area. The conditions of approval shall remain substantially unchanged from the originally approved application for lot line adjustment. A need to alter or add conditions, attach additional development fees, or alter map design shall be grounds for denial of the time extension; the applicant may file a new lot line adjustment application. 2. Upon proper receipt of an application, according to the provisions of this section, to extend approval of a lot line adjustment, the approval shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the Director denies an application for an extension, the applicant may appeal to the legislative body within 10 days after the Director has denied the extension. Upon proper filing of an application for extension, public notice shall be made in accordance with the provisions of Chapter 30.01 as modified by this chapter. A public hearing is not required. (Ord. 92-14; Ord. 92-39) 24.70.110 Completion of Approved Lot Line Adjustment Upon notification of approval if no appeal is filed, or approval after appeal, the applicant(s) shall comply with conditions imposed. The applicant(s) shall also have prepared and recorded new deeds of property ownership to conform to the adjusted lots as approved. The applicant(s) shall deliver to the Director two copies of the recorded deeds of ownership, together with evidence of compliance with conditions, and closure calculations for each of the lots as adjusted. No record of survey shall be required for completion of an approved lot line adjustment, unless otherwise required by Section 8762 of the California Business and Professions Code. Upon written confirmation by the City Engineer that these instruments are in substantial compliance with the lot line adjustment application as approved, the Director shall have prepared and recorded a certificate of compliance for each of the new lots. Recordation of the certificates of compliance shall complete the process for an approved application for lot line adjustment. (Ord. 2000-14)