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Home My WebLink About2000-10-23 Ordinance 4661-, ORDINANCE NO. 4661 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTERS 21.04, 21.08, 21.16 and 21.44 OF TITLE 21 OF THE PALO ALTO MUNICIPAL CODE [SUBDIVISIONS AND OTHER DIVISIONS OF LAND] TO CONFORM TO THE PROVISIONS OF THE SUBDIVISION MAP ACT The Council of the City of Palo Alto does hereby ORDAIN as follows: SECTION 1. Subparagraphs (25) and (26) of subsection (b) of Section 21.04.030 [Definitions] of Chapter 21.04 [General Provisions] of the Palo Al to Municipal Code are hereby amended to read as follows: 21.04.030 (b) Except where the context cl requires a different usage, the following defini tions are hereby adopted for the purposes of this tIe: , (25) "Major subdivision" means any subdivision creating five or more parcels, five or more condominiums, or a community apartment or stock cooperative project containing five or more units. (26) "Minor subdivision" means any subdivision creating fewer than five parcels or condominium s, or a community apartment or stock coopera t proj ect containing fewer than five units. SECTION 2. Section 21.08.030 of Chapter 21.08 [Maps Required] of the Palo Al to Municipal Code is hereby amended to read as llows: 21.08.030 Preliminary parcel map and parcel map_ A prel nary parcel map and a parcel map be required for any minor subdivision other than those referred to in Section 21.08.020 or sly exempted from such requirements by the 1 001113 syn 0090649 Subdivision Map Act. A parcel required for any subdivision requirement of a parcel map pursuant to Section 21.08.060. map shall not be for which the has been waived SECTION 3. Section 21.08.050 of Chapter 21.08 of the Palo Alto Municipal Code is hereby amended to read as follows: 21.08.050 Lot line adjustments. (a) No tentative map, preliminary parcel map, final map or parcel map shall be required for any lot line adjustment between two or more existing adj acent parcels where the land taken from one parcel is added to an adj acent parcel and the same number of, or fewer, parcels result. Any such lot line adjustment shall conform to the requirements of the Subdivision Map Act, Title 21 ( subdivision and other divisions of land), Title 16 (building regulations, including prior archi tectural review board approvals) and Title 18 (zoning) including prior approvals pursuant to those titles. The city engineer shall issue and cause to be recorded ~ certificate of compliance or a conditional certificate of compliance for the involved lots. A conditional certificate of compliance may require performance of conditions or exactions to conform the lot line adjustment to Title 16 and Title 18 or to facilitate the relocation of existing utilities, infrastructure or easements in connection with the lot line adjustment. The lot line adjustment shall also be reflected in a deed or deeds, which shall be recorded. No record of survey shall be required for· a lot line adjustment unless required by Section 8762 of the California Business and Professions Code, as amended. (b) Any application for a lot line adj ustment which is not in conformance with all of the requirements of this section shall be processed as a minor or major subdivision pursuant to this title. Lot line adj ustments resulting in four or fewer parcels shall be treated as minor subdivisions; lot line adjustments resulting in five or more parcels shall be treated as major subdivisions. 2 001113 syn 0090649 , .' SECTION 4. 21.08.070 [Lot line Chapter 21.08 [Maps are hereby repealed. Sections 21.08.060 [Lot line removal] and removal between four or fewer parcels] of Required] of the Palo Alto Municipal Code SECTION 5. Section 21.08. 080 [Waiver of Parcel Map Requirement] is hereby renumbered 21.08.060. SECTION 6. Section 21.16.200 of Chapter 21.16 and Parcel Maps] of the Palo Alto Municipal Code is amended to read as follows: 21.16.200 Additional infor.mation. The map shall show also all other data that is or may be required by law. In addition, the City may require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet. [Final hereby SECTION 7. Section 21.16.280 is hereby added to Chapter 21.16 [Final and Parcel Maps] of the Palo Alto Municipal Code, as follows: 21.16.280 Final or Parcel Map Amendments. In addition to the amendments authorized by Government Code Section 66469, after a final map or parcel map is filed in the office of the county recorder, the recorded map may be modified by a certificate of correction or an amending map if (i) there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary, (ii) that the modifications do not impose any additional burden 3 001113 syn 0090649 on the present fee owner of the property, (iii) the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and (iv) the map as modified conforms to the provisions of the Subdivision Map Act and Chapter 21.16 of this title. The decision to approve or deny a modification shall be made by the City Council for final maps and by the Director of Planning and Community Development in the case of parcel maps. Prior to approval of any modification, notice shall be given as provided in Section 21.12.090. The hearing shall be confined to consideration of and action on the proposed modification. The decision of the Director on a modification of a parcel map is subject to the appeal procedures of this title. SECTION B. Section 21.44.010 of Chapter 21.44 [Certificate of Compliance Defined] of the Palo Alto Municipal Code is hereby amended to read as follows: 21.44.010 Certificate of compliance defined. A "certificate of compliance" is a document issued by the city engineer for recordation stating, with or without conditions, that a certain lot or lots described therein complies with the provisions of this title and the Subdivision Map Act and is a lawfully existing lot or lots. A certificate of compliance may be issued for the following purposes: (a) A certificate of compliance shall be issued in lieu of any preliminary parcel map, tentative map, parcel map or final map in the case of a lot line adjustment pursuant to Section 21.0B.050. (b) A certificate of compliance may be issued in lieu of a parcel map in the case of a written request of the subdivider pursuant to Section 21.0B.060. (c) A certificate of compliance shall be issued upon request of a property owner for property which has been divided in compliance with any existing provisions of law regulating such divisions or at a time when no such 4 001113 syn 0090649 regulations were applicable, and which presently constitutes a lawfully existing lot or lots, for the purpose of establishing recorded evidence that the lot or lots are lawfully existing; except that no certificate of compliance shall be issued for any lots merged pursuant to Section 21.04.040. (d) A certificate of compliance may be issued subj ect to the provisions set forth in this chapter for a lot not created in compliance wi th any existing provisions of law regulating such divisions, in order to establish such a lot as lawfully existing. SECTION 9. Section 21.44.020 of Chapter 21.44 [Certificate of Compliance Defined] of the Palo Alto Municipal Code is hereby amended to read as follows: II II II 21.44.020 Certificate of compliance in lieu of final or parcel map. In the case of a minor subdivision for which the requirement of a parcel map has been waived, the property owner may apply for the issuance of a certificate of compliance. Such application shall be made within the time limits specified for the filing of the otherwise required final or parcel map. Prior to issuance of a certificate of compliance, the owner shall fulfill all conditions of tentative or preliminary parcel map approval as would be required in the approval of a final or parcel map. The issuance of such a certificate of compliance shall be made upon such terms and conditions as would be applicable were a final or parcel map to be filed. Such terms and conditions shall be stated in the certificate of compliance. 5 001113 syn 0090649 SECTION 10. thirty-first day a This ordinance shall be e the date of its adoption. ive on the INTRODUCED: October 10, 2000 PASSED: October 23, 2000 AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, KNISS, LYTLE, MOSSAR, OJAKIAN NOES: ABSENT: ABSTENTIONS: ATTE~,:IJ T', . Ci~~·~ APPROVED AS TO FORM: se~.~~ey y~:;!~~ IJOCUi\ilE,NT IS CERTIFIED TO BE AN " (1r~DH\~I{NC~: DULY rJASSED BY il·lt: couNcIl. ,: .... 1; '~} ,~.~ (':r~\9 (jf. PJ'~ttJ lH"JO /~NO .1'),:.' :'.:',~f: ~·:.';~:~;.1:.;?2~i.~:'~)~\:::l. {V'.nn·;i;'.\ ~t, 001113 syn 0090649 6 APPROVED: Director of PIa n ng and Community Environment Q dministrative 1tiJ.~ Director of Public Works