CITY OF SIMI VALLEY
MEMORANDUM
October 10, 2022
TO: City Council
FROM: City Clerk’s Office
SUBJECT: SECOND READING OF ORDINANCE NO. 13 43 APPROVING A CITY - INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z-S-2021-0004), TO AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL
CODE TO PROVIDE PROCEDURES FOR VOLUNTARY LOT MERGERS;
AND A DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
STAFF RECOMMENDATION
It is recommended that Ordinance No. 1343 be adopted.
BACKGROUND
The attached O rdinance No. 1343 was introduced for first reading at the City Council meeting of September 12, 2022, without modification.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Ordinance No. 1343.
__________________________________
Lucy Blanco
City Clerk
Prepared by: Lucy Blanco, City Clerk
INDEX Page
Ordinance No. 1343 ......................................................................... 2
AGENDA ITEM NO.
8A
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ORDINANCE NO. 1343
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING A CITY-INITIATED MUNICIPAL
CODE TEXT AMENDMENT (Z -S-2021-0004), TO AMEND
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL
CODE TO PROVIDE PROCEDURES FOR VOLUNTARY
LOT MERGERS ; AND A D ETERMINATION THAT THE
AMENDMENT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
W
HEREAS, at the September 12, 2022, C ity Council meeting, the City of Simi Valley Public Works Department directed the Department of Environmental Services to amend portions of the Simi Valley Municipal Code (SVMC) Title 9 for the purposes of providing procedures for Voluntary Lot Mergers; and
W
HEREAS, on September 8, 2021, the Planning Commission considered staff’s recommendation and all evidence and testimony presented at the Public Hearing, and expressed concerns regarding the text amendment language and continued the hearing to a date uncertain to allow time for staff to address their concerns; and W
HEREAS, on June 22, 2022, the Planning Commission considered staff’s recommendation and all evidence and testimony presented at the Public Hearing, and recommended to the City Council approval of Z-S-2021-0004 as amended; and W
HEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because the amendments are covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3).).
W
HEREAS, the City Council held a duly noticed meeting for Z-S-2021-0004 on September 12, 2022, where they considered the staff report and testimony and introduced an ordinance for the first reading by title only.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
S
ECTION 1. The findings for Z-S-2021-0004, contained in the City Council staff report dated September 12, 202 2, and the recitals set forth above are hereby adopted as findings.
S
ECTION 2 . Z-S- 2021-0004, which modifies p ortions of Title 9 o f the Development Code t o provide procedures for Voluntary Lot Mergers; are adopted as shown in Exhibit A, attached hereto.
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S ECTION 3. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this ordinance shall take precedence S
ECTION 4 . Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect.
S
ECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
S
ECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED
and ADOPTED this 10th day of October 2022.
A
ttest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
A
pproved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager Stratis Perros
Environmental Services Director
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EXHIBIT A
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Proposed Simi Valley Development Code Text Amendments (Z-S-2022-0004)
Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised or new code sections are shown as underlined text and deletions are shown as strikethrough text.
Part 1
Amend Chapter 9-60 – Applicability and Administration of Subdivision Regulations, Table 6-1 – Authority for Subdivision Decisions to include “Voluntary Mergers”, as follows:
TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority
Planning
Director
City
Engineer
Planning
Commission
City
Council
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Conditional
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Final Map Council(2) Recommend Approve/
Recommend
Decision
Lot Line
Adjustment
City
Engineer
Recommend Decision Appeal Appeal
Merger and
Unmerger
Council Recommend Recommend Decision
Voluntary Mergers City
Engineer
Recommend Decision Appeal Appeal
Parcel Map with
Subdivision
Agreement
Council(2) Recommend Approve/
Recommend
Decision
Parcel Map without
Subdivision
Agreement
City
Engineer
Recommend Decision Appeal Appeal
Reversion to
Acreage
Council Recommend Recommend Decision
Tentative Parcel
Map
Director Decision Recommend Appeal Appeal
Tentative Tract
Map
Commission Recommend Recommend Decision(3) Appeal
Vesting Tentative
Map
Council Recommend Recommend Recommend Decision
Waiver of Parcel
Map
Director Decision Recommend Appeal Appeal
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Part 2
Amend Section 9-63.010 of the SVMC - Purpose of Chapter as follows:
9-63.010 - Purpose of Chapter
This Section establishes requirements for the filing, processing and approval or disapproval of applications for Certificates of Compliance, Lot Line Adjustments, Parcel Mergers, Voluntary Mergers
, and Reversions to Acreage.
Part 3
Add Section 9-63.045 for Voluntary Mergers to the SVMC as follows:
9-63.045 – Voluntary Mergers
A. Purpose; Concurrent Processing with Discretionary Projects
The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merging contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a Conditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for t he discretionary permits, including for purposes of evaluating the project’s potential environmental effects.
B. Application
Applications for the approval of a Voluntary Merger shall be filed with the office of the City Engineer. No application shall be accepted for filing and processing if there is a violation of the SVMC, or any provision of this Chapter on the subject lot(s) unless:
1. The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;
2. Contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and
3. Is accompanied by the appropriate fees.
C. Filing and Processing Requirements
1. The application for a Voluntary Merger shall be processed by the office of the City Engineer if all information and documents requested in the application, including each item listed below in Section 9-63.045.C.1.a. through C.1.g., shall 5 ORD. NO. 1343
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be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.
a. A deposit of the required fees pursuant to the City’s Fee Schedule to process and record a Certificate of Compliance for the voluntary merger.
b. A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.
c. All parties having any record title interest in the lots subject to the voluntary merger application shall consent in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436.
d. If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.
e. Documentation, as required by the City Engineer, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.
f. Legal description and a map prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The sketch shall also include: (i) the boundaries of each of the existing lots at the time of application; and, (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.
g. Draft certificate of voluntary merger (see Section 9- 63.045.K below) and deed(s) reflecting the adjusted property boundaries.
2. The voluntary merger application shall be processed ministerially without a public notice or hearing
D. City Engineer and Planning Division Review
1. The City Engineer and the Planning Division shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the City Engineer and the Planning Division in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.
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2. The City Eng ineer shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the deeds, legal description, and map. When the City Engineer is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall stamp and transmit the documents to the Planning Division for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-
63.045.J of this Chapter.
E. Termination of Incomplete Application
An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-
50.060.A.5, “Application deemed withdrawn”.
F. Designated Advisory Agency
The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.
G.
Standards for Approval
A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:
1. Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met.
2. If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds.
3. The lots to be merged are contiguous to each other.
4. The lots to be merged are under the same ownership.
5. If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.
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6. The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application.
7. The Voluntary Merger will not alter the exterior boundary of the lots to be merged.
8. The City Engineer has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot.
9. The Voluntary Merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger.
10. The deed or deeds submitted to the City Engineer to effectuate the merger shall contain an express statement of the grantor(s), pursuant to Section 1093 of the Civil Code that the intent of the grantor and the purpose of the deed is to merge all of the property described in the deed into a single lot.
H. Conditional Approval
1. The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:
a. Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;
b. Require the prepayment of real property taxes prior to the recordation of the voluntary merger; and
c. Facilitate the relocation of existing utilities, infrastructure, or easements.
2. If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the advisory agency pursuant to Section 9 -63.045.I, “Extension of Conditional Approval” of this Chapter.
3. A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:
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a. An up-to-date preliminary title report;
b. The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and
c. All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.
4. Upon receipt of the documents required by Section 9- 63.045.H.3 above, the advisory agency shall cause each of the City Engineer -approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.
I. Extension of Conditional Approval
Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9- 63.045.H.2 above, the advisory agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.
J.
Certificate of Voluntary Merger
The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.
K.
Certificate of Voluntary Merger Requirements
A Certificate of Voluntary Merger shall include all the following:
1. All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the City Engineer, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The City Engineer shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.
The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot. This shall be accomplished as follows:
a. The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.
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b. The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.
Part 4
Amend Section 9-80.020 – Definitions of Specialized Terms and Phrases of the SVMC as follows:
9-80.020 - Definitions of Specialized Terms and Phrases
M. Definitions, “M”
Merger–The joining of two or more contiguous parcels of land under one ownership into one parcel.
V. Definitions, “V”
Voluntary Merger–The merger of two or more contiguous lots, initiated by the property owner, all of which are under the same ownership into one lot without reverting to acreage and in conformity with Section 9-63.045.
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