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CC SR 20181016 H - Lot Line Adjustments01203.0005/512074.2 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/16/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to repeal and replace Chapter 16.08 (Lot Line Adjustments) of Title 16 of the City’s Municipal Code to clarify and establish updated procedures and requirements for lot line adjustments. RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 16.08 (LOT LINE ADJUSTMENTS) OF TITLE 16 (SUBDIVISIONS) OF THE CITY’S MUNICIPAL CODE TO CLARIFY AND ESTABLISH UPDATED PROCEDURES AND REQUIREMENTS FOR LOT LINE ADJUSTMENTS. FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Jaehee Yoon, Assistant Planner REVIEWED BY: Ara Mihranian, AICP, Community Development Director APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No.__ (page A-1) BACKGROUND AND DISCUSSION: Title 16 (Subdivisions) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates and controls the design and improvement of subdivisions. As part of Title 16, Chapter 16.08 (Lot Line Adjustments) outlines the application and appeal process of lot line adjustments. Thus far, the Community Development Department has processed lot line adjustment applications under the sole criteria set forth in RPVMC Section 16.08.010 (Application – Submittal and Review), which reads “the lot line adjustment complies with all applicable zoning and building codes of the city.” As written, the current code does not expressly state relevant procedures and requirements related to how lot lines shall be adjusted. Consequently, numerous irregular-shaped lots have been allowed to be created that negatively impact efficient use of land, orderly development, and the character of the neighborhood. 1 01203.0005/512074.2 Staff researched regulations pertaining to lot line adjustments in the other three Peninsula Cities, as well as other coastal communities, including Malibu. Based on the research, Staff found that most other Cities provide clear provisions on the requirements and review process for lot line adjustments. Most importantly, many provided specific language on permissible adjustments of the lot line, including but not limited to, maintaining a generally continuous straight line or substantially parallel lot lines. In order to supplement the limited content and provide specific guidelines for lot line adjustment requests, Staff proposes to repeal the current language found in Chapter 16.08 (Lot Line Adjustments) and replace it with new language that specifies the purpose, submittal requirements, map contents, review process and findings, notification, and appeal process, to read as follows (deleted text in strikethrough and new text in bold underline): 16.08.010 – Application - Submittal and review. Purpose An application for a lot line adjustment shall be submitted to the director on such forms and with such attachments as may reasonably be required by the director. The director shall approve a lot line adjustment; providing, the lot line adjustment complies with all applicable zoning and building codes of the city. The purpose of this chapter is to establish a clear and efficient process, consistent with applicable state law, including Section 66412(d) of the Subdivision Map Act, as may be amended, whereby interested persons may apply to the City to request Lot Line Adjustments among four (4) or fewer adjoining lots. 16.08.020 – Appeals Definitions 2 01203.0005/512074.2 A. In the event an applicant is aggrieved by any action taken by the director, the decision of the director may be appealed to the planning commission within fifteen calendar days following the date that the notice of action is mailed by the director to the applicant. B. In the event an applicant is aggrieved with the action taken by the planning commission, the decision of the planning commission may be appealed to the city council within fifteen calendar days following the date of the planning commission decision. As used in this chapter: “Applicant” means an owner of an Existing Parcel. “Applicants” means all the owners of the Existing Parcels. “Application” means the application submitted by the Applicants which meets the requirements of Section 16.08.070 (Submittal Requirements for Application). “City Engineer” means the City Engineer, or his or her designee. “Director” means the City’s Director of Community Development, or his or her designee. “Existing Parcel” means one of the parcels of real property involved with the Application as it exists as of the date of the Application. “Existing Parcels” means every Existing Parcel involved with the Application. “Grant Deeds” shall mean the grant deed for the Transfer Portions to be recorded concurrently with the Lot Line Adjustment. “Lot Line Adjustment” means the adjustment of the legal lot line of one (1) parcel to decrease the size of the parcel while concurrently increasing the size of another parcel and complies with the terms of this Chapter. “Lot Line Adjustment Map” means the map and information as specified in Section 16.08.080 (Lot Line Adjustment Map Requirement). “Municipal Code” means the Municipal Code of the City. “Official Records” shall mean the Los Angeles County Recorder’s office. “Proposed Parcel” means one of the Existing Parcels as it would be comprised after the recordation of the Lot Line Adjustment. “Proposed Parcels” means all the Proposed Parcels. 3 01203.0005/512074.2 “Title Company” shall mean a title insurance company licensed in California which shall issue the preliminary title report and serve as Escrow. “Transfer Portions” means the portions of land which will be transferred between the Existing Parcels as a result of the Lot Line Adjustment 16.08.030 – Eligible Applicants Eligible Applicants are all the owners of the Existing Parcels. An Application submitted which does not meet the requirements of this Chapter and is not executed by all owners of the Existing Parcels is not eligible for review and consideration. For actions on the Application after submission to the City, an owner of an Existing Parcel may delegate authority to a co-owner of his or her Existing Parcel to act on his/her behalf under this chapter by designating same on the Application or by executing and acknowledging a separate power of attorney in a form satisfactory to the Director and City Attorney. 16.08.040 – General Limitations regarding Lot Line Adjustments The following limitations and requirements shall apply to all Lot Line Adjustments: A. Only 4 or fewer Existing Parcels are involved; B. No new or additional parcels will be created; C. All Existing Parcels are immediately adjacent to each other; D. Any land taken from an Existing Parcel will be added to an adjacent Existing Parcel; E. The Proposed Parcels will comply with the General Plan, Specific Plan, zoning, set back requirements, and other provisions of the Municipal Code; and F. The Lot Line Adjustment complies with the Subdivision Map Act including all regulations and applicable case law. 16.08.050 – Approval Authority Approval of the Lot Line Adjustment is discretionary with the Director subject to Section 16.08.120 (Appeals). 16.08.060 – Pre-Application Meeting Prior to submitting an Application pursuant to this chapter, it is suggested that Applicants submit a written request to the Director for a meeting with Staff to discuss the proposed Lot Line Adjustment. The request shall (i) generally describe the proposed Lot Line Adjustment, (ii) state the reasons for the requested Lot Line Adjustment, and (iii) summarize how the requested Lot Line Adjustment complies with all the requirements of this Chapter. Upon receipt of the request, the Director 4 01203.0005/512074.2 shall set and conduct a meeting with the Applicants to discuss the submission and any potential issues such as whether any permits or variances might be required for existing structures or if an environmental review might be applicable. No fee shall be required in connection with the pre-application meeting request. No person who does not qualify as an Applicant pursuant to Section 16.08.030 (Eligible Applicant) shall be entitled to a meeting pursuant to this section, although qualified Applicants may bring their professional consultants (surveyor, engineer, attorney, etc.) with them to the meeting. 16.08.070 – Submittal Requirements for Application An Application requesting a Lot Line Adjustment shall be submitted to the Director together with all of the following: A. City’s standard application form; B. Applicable Fees and Trust Deposits per City Council adopted Resolution; C. Identification of all Existing Parcels; D. For each Existing Parcel: i. The names of all owners; ii. Permanent residence street addresses for all owners; iii. Telephone numbers for all owners; and iv. Email addresses for all owners. E. Documentation reflecting that the Applicants are eligible pursuant to Section 16.08.030 (Eligible Applicants); F. Execution of an agreement (which may be a provision in the application form, a condition of approval, or other acceptable document) releasing, defending, indemnifying, and holding harmless the City from all claims and liabilities which may relate to or arise from Lot Line Adjustment; G. Signatures of all owners of the Existing Parcels; H. Lot Line Adjustment Map; I. Written certification that authorization is not required by any other party or entity with rights over the property, and that the adjustment does not violate any covenants, conditions, and restrictions on the property. A current full preliminary title report from the Title Company for each Existing Parcel. J. New legal descriptions for each Existing Parcel; K. Legal description for the Transfer Portions to be transferred between the Existing Parcels; and L. Any other information deemed necessary by the Director to administer this Chapter. 16.08.080 – Lot Line Adjustment Map Requirements 5 01203.0005/512074.2 A Lot Line Adjustment map shall be prepared and wet-stamped by a licensed surveyor or licensed civil engineer and contain all of the following information: A. Lot Line Adjustment Map number which has been obtained from the planning department at the time of submittal; B. North point, date, and scale; C. The record boundaries, lot area, and lot dimensions (width and depth) as defined in Municipal Code Section 17.48.020 (Lot Area and Dimensions) of the each Existing Parcel; D. The boundaries, lot area, and lot dimensions (width and depth) as defined in Municipal Code Section 17.48.020 (Lot Area and Dimensions) of the each Proposed Parcel; E. A number for each Proposed Parcel; F. The names, locations, widths, and improvements (within the rights-of- way) of all adjoining highways, streets, or ways of the Existing Parcels; G. The widths and approximate alignments of all easements, whether public or private, for access, drainage, sewage disposal, and public utilities which exist on the Existing Parcels; H. The location of the nearest fire hydrant(s) located within five hundred (500) feet of the Existing Parcels; I. Actual street names adjacent to the Existing Parcels; J. Topography, including extreme slopes (slopes greater than 35%) indicated by showing contours; K. The location of existing structures (including street addresses) or improvements (including parking lots and driveways) on the Existing Parcels must be clearly and accurately drawn to scale and indicate the distance to the lot lines for the Proposed Parcels and showing the distance to the proposed new lot line and to the existing sewer laterals or system (this information may be shown on a separate attached sheet referenced on the map.); L. The approximate location and direction of flow of all defined watercourses; M. A vicinity map for the Existing Parcels; N. Zoning designation for the Existing Parcels; and O. Calculation of the square footage of the Existing Parcels and the Proposed Parcels. 16.08.090 – Review Process and Findings Once the Application has been deemed completed and acceptable for filing, the Director shall review the Lot Line Adjustment. The Director’s review shall be limited to a determination whether or not the following findings can be made: A. All requirements of Section 16.08.040 (General Limitations regarding Lot Line Adjustments) are satisfied; 6 01203.0005/512074.2 B. The Proposed Parcels comply with the General Plan, any applicable Specific Plan, any applicable Coastal Plan, and all applicable zoning regulations; C. The Proposed Parcels comply with the minimum lot area, depth and width requirements of the zoning district; D. The Lot Line Adjustment will not intensify any nonconforming lot area or lot dimensions on the Existing Parcels. required in the applicable zoning district; and E. The Lot Line Adjustment will result in a generally continuous and straight property line extending the full length of the Proposed Parcels. 16.08.100 – Notice of Director’s Decision Director shall notify the Applicants and any interested person the decision of the Lot Line Adjustment in writing pursuant to Municipal Code Section 17.80.040 (Notice of Decision by Director). 16.08.110 - Expiration of Approval Notwithstanding Section 16.08.120 (Appeals), the Lot Line Adjustment approval shall expire and become void if the Lot Line Adjustment has not been completed within 12-months of the date of Director’s approval. 16.08.120 – Appeals Any interested person may appeal a decision of the Director to the Planning Commission and a decision of the Planning Commission to the City Council pursuant to Municipal Code Section 17.80 (Hearing Notice and Appeal Procedures). No lot line adjustment shall be effective and recorded until the appeal periods have been exhausted. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify specific changes to the proposed language of RPVMC Chapter 16.08 and continue the consideration of this ordinance for reintroduction at a future meeting. 2. Take no action on the proposed ordinance at this time. 7 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 16.08 (LOT LINE ADJUSTMENTS) OF TITLE 16 (SUBDIVISIONS) TO CLARIFY AND ESTABLISH UPDATED PROCEDURES AND REQUIREMENTS FOR LOT LINE ADJUSTMENTS. WHEREAS, the Subdivision Map Act (Act), codified in the California Government Code Section 66410 et seq. provides the general rules, regulations, and procedures for the subdivision of land on a statewide basis; and WHEREAS, the Act vests regulation and control of the design and improvement of subdivisions to local agencies; and WHEREAS, Title 16 of the City of Rancho Palos Verdes Municipal Code (RPVMC) regulates and controls the design and improvement of subdivisions and coordinates planning with the City’s general and specific plans; and WHEREAS, Chapter 16.08 of Title 16 currently provides a brief section on lot line adjustments which does not expressly state relevant procedures and requirements related to how lot lines shall be adjusted; and WHEREAS, the brief description of the lot line procedure has led to unintended consequences; and WHEREAS, such unintended consequences include, but are not limited to, allowing the creation of numerous irregular-shaped lots that negatively impact efficient use of land, orderly development, and the character of the neighborhood; and WHEREAS, the City Council wishes to repeal and replace the provisions of Chapter 16.08 to supplement the limited content and provide guidelines that specifies the purpose, submittal requirements, map contents, review process and findings, notification, and appeal process to prevent unintended consequences. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated fully herein. Section 2. Chapter 16.08 (Lot Line Adjustments) of Title 16 (Subdivisions) of the RPVMC is hereby repealed and replaced to read as follows: 16.08.010 – Purpose A-1 The purpose of this chapter is to establish a clear and efficient process, consistent with applicable state law, including Section 66412(d) of the Subdivision Map Act, as may be amended, whereby interested persons may apply to the City to request Lot Line Adjustments among four (4) or fewer adjoining lots. 16.08.020 – Definitions As used in this chapter: “Applicant” means an owner of an Existing Parcel. “Applicants” means all the owners of the Existing Parcels. “Application” means the application submitted by the Applicants which meets the requirements of Section 16.08.070 (Submittal Requirements for Application). “City Engineer” means the City Engineer, or his or her designee. “Director” means the City’s Director of Community Development, or his or her designee. “Existing Parcel” means one of the parcels of real property involved with the Application as it exists as of the date of the Application. “Existing Parcels” means every Existing Parcel involved with the Application. “Grant Deeds” shall mean the grant deed for the Transfer Portions to be recorded concurrently with the Lot Line Adjustment. “Lot Line Adjustment” means the adjustment of the legal lot line of one (1) parcel to decrease the size of the parcel while concurrently increasing the size of another parcel and complies with the terms of this Chapter. “Lot Line Adjustment Map” means the map and information as specified in Section 16.08.080 (Lot Line Adjustment Map Requirement). “Municipal Code” means the Municipal Code of the City. “Official Records” shall mean the Los Angeles County Recorder’s office. “Proposed Parcel” means one of the Existing Parcels as it would be comprised after the recordation of the Lot Line Adjustment. “Proposed Parcels” means all the Proposed Parcels. A-2 “Title Company” shall mean a title insurance company licensed in California which shall issue the preliminary title report and serve as Escrow. “Transfer Portions” means the portions of land which will be transferred between the Existing Parcels as a result of the Lot Line Adjustment 16.08.030 – Eligible Applicants Eligible Applicants are all the owners of the Existing Parcels. An Application submitted which does not meet the requirements of this Chapter and is not executed by all owners of the Existing Parcels is not eligible for review and consideration. For actions on the Application after submission to the City, an owner of an Existing Parcel may delegate authority to a co-owner of his or her Existing Parcel to act on his/her behalf under this chapter by designating same on the Application or by executing and acknowledging a separate power of attorney in a form satisfactory to the Director and City Attorney. 16.08.040 – General Limitations regarding Lot Line Adjustments The following limitations and requirements shall apply to all Lot Line Adjustments: A. Only 4 or fewer Existing Parcels are involved; B. No new or additional parcels will be created; C. All Existing Parcels are immediately adjacent to each other; D. Any land taken from an Existing Parcel will be added to an adjacent Existing Parcel; E. The Proposed Parcels will comply with the General Plan, Specific Plan, zoning, set back requirements, and other provisions of the Municipal Code; and F. The Lot Line Adjustment complies with the Subdivision Map Act including all regulations and applicable case law. 16.08.050 – Approval Authority Approval of the Lot Line Adjustment is discretionary with the Director subject to Section 16.08.120 (Appeals). 16.08.060 – Pre-Application Meeting Prior to submitting an Application pursuant to this chapter, it is suggested that Applicants submit a written request to the Director for a meeting with Staff to discuss the proposed Lot Line Adjustment. The request shall (i) generally describe the proposed Lot Line Adjustment, (ii) state the reasons for the requested Lot Line Adjustment, and (iii) summarize how the requested Lot Line Adjustment complies with all the requirements of this Chapter. Upon receipt of A-3 the request, the Director shall set and conduct a meeting with the Applicants to discuss the submission and any potential issues such as whether any permits or variances might be required for existing structures or if an environmental review might be applicable. No fee shall be required in connection with the pre- application meeting request. No person who does not qualify as an Applicant pursuant to Section 16.08.030 (Eligible Applicant) shall be entitled to a meeting pursuant to this section, although qualified Applicants may bring their professional consultants (surveyor, engineer, attorney, etc.) with them to the meeting. 16.08.070 – Submittal Requirements for Application An Application requesting a Lot Line Adjustment shall be submitted to the Director together with all of the following: A. City’s standard application form; B. Applicable Fees and Trust Deposits per City Council adopted Resolution; C. Identification of all Existing Parcels; D. For each Existing Parcel: i. The names of all owners; ii. Permanent residence street addresses for all owners; iii. Telephone numbers for all owners; and iv. Email addresses for all owners. E. Documentation reflecting that the Applicants are eligible pursuant to Section 16.08.030 (Eligible Applicants); F. Execution of an agreement (which may be a provision in the application form, a condition of approval, or other acceptable document) releasing, defending, indemnifying, and holding harmless the City from all claims and liabilities which may relate to or arise from Lot Line Adjustment; G. Signatures of all owners of the Existing Parcels; H. Lot Line Adjustment Map; I. Written certification that authorization is not required by any other party or entity with rights over the property, and that the adjustment does not violate any covenants, conditions, and restrictions on the property. A current full preliminary title report from the Title Company for each Existing Parcel. J. New legal descriptions for each Existing Parcel; K. Legal description for the Transfer Portions to be transferred between the Existing Parcels; and L. Any other information deemed necessary by the Director to administer this Chapter. 16.08.080 – Lot Line Adjustment Map Requirements A-4 A Lot Line Adjustment map shall be prepared and wet-stamped by a licensed surveyor or licensed civil engineer and contain all of the following information: A. Lot Line Adjustment Map number which has been obtained from the planning department at the time of submittal; B. North point, date, and scale; C. The record boundaries, lot area, and lot dimensions (width and depth) as defined in Municipal Code Section 17.48.020 (Lot Area and Dimensions) of the each Existing Parcel; D. The boundaries, lot area, and lot dimensions (width and depth) as defined in Municipal Code Section 17.48.020 (Lot Area and Dimensions) of the each Proposed Parcel; E. A number for each Proposed Parcel; F. The names, locations, widths, and improvements (within the rights-of- way) of all adjoining highways, streets, or ways of the Existing Parcels; G. The widths and approximate alignments of all easements, whether public or private, for access, drainage, sewage disposal, and public utilities which exist on the Existing Parcels; H. The location of the nearest fire hydrant(s) located within five hundred (500) feet of the Existing Parcels; I. Actual street names adjacent to the Existing Parcels; J. Topography, including extreme slopes (slopes greater than 35%) indicated by showing contours; K. The location of existing structures (including street addresses) or improvements (including parking lots and driveways) on the Existing Parcels must be clearly and accurately drawn to scale and indicate the distance to the lot lines for the Proposed Parcels and showing the distance to the proposed new lot line and to the existing sewer laterals or system (this information may be shown on a separate attached sheet referenced on the map.); L. The approximate location and direction of flow of all defined watercourses; M. A vicinity map for the Existing Parcels; N. Zoning designation for the Existing Parcels; and O. Calculation of the square footage of the Existing Parcels and the Proposed Parcels. 16.08.090 – Review Process and Findings Once the Application has been deemed completed and acceptable for filing, the Director shall review the Lot Line Adjustment. The Director’s review shall be limited to a determination whether or not the following findings can be made: A. All requirements of Section 16.08.040 (General Limitations regarding Lot Line Adjustments) are satisfied; A-5 B. The Proposed Parcels comply with the General Plan, any applicable Specific Plan, any applicable Coastal Plan, and all applicable zoning regulations; C. The Proposed Parcels comply with the minimum lot area, depth and width requirements of the zoning district; D. The Lot Line Adjustment will not intensify any nonconforming lot area or lot dimensions on the Existing Parcels. required in the applicable zoning district; and E. The Lot Line Adjustment will result in a generally continuous and straight property line extending the full length of the Proposed Parcels. 16.08.100 – Notice of Director’s Decision Director shall notify the Applicants and any interested person the decision of the Lot Line Adjustment in writing pursuant to Municipal Code Section 17.80.040 (Notice of Decision by Director). 16.08.110 - Expiration of Approval Notwithstanding Section 16.08.120 (Appeals), the Lot Line Adjustment approval shall expire and become void if the Lot Line Adjustment has not been completed within 12-months of the date of Director’s approval. 16.08.120 – Appeals Any interested person may appeal a decision of the Director to the Planning Commission and a decision of the Planning Commission to the City Council pursuant to Municipal Code Section 17.80 (Hearing Notice and Appeal Procedures). No lot line adjustment shall be effective and recorded until the appeal periods have been exhausted. Section 3. Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), under Article 5, Section 15061(b)(3)(Review for exemption) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. This ordinance is exempt as it consists of clarifications to an existing code which can be seen with certainty that there is no possibility of having a significant effect on the environment. Therefore, adoption of this ordinance is not subject to CEQA. Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, A-6 irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall cause this Ordinance to be posted in 3 public places in the City within 15 days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 6. This Ordinance shall take effect at 12:01 AM on the 31st day after its passage. Section 7. The time within which judicial review of the decision reflected in this Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. PASSED, APPROVED and ADOPTED this __th day of October 2018. _________________________ Mayor ATTEST: _______________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No.__ passed first reading on October 16, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on _________, 2018, and that the same was passed and adopted by the following roll call vote: AYES: NOES: A-7 ABSENT: ABSTAINED: __________________________ City Clerk A-8