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HomeMy WebLinkAboutOrd 830 ORDINANCE NO.830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ADDING SECTIONS 9.13 AND 15.1(J) TO THE RIVERSIDE COUNTY LAND DIVISION ORDINANCE NUMBER 460, ADOPTED BY REFERENCE BY THE CITY OF CATHEDRAL CITY BY ORDINANCE NO. 12, RELATING TO THE AMENDMENT OF FINAL MAPS OR PARCEL MAPS AND THE USE OF LIEN CONTRACTS AS IMPROVEMENT SECURITY. WHEREAS, on February 3, 1982, the City Council of the City of Cathedral City (the "City") adopted Ordinance No. 12, which thereby adopted by reference County of Riverside Land Division Ordinance No. 460, providing regulations for the division of land (the "Land Division Ordinance"); and WHEREAS, Section 66472.1 of the State of California Government Code ("Subdivision Map Act"), provides for the amendment of recorded final maps and parcel maps, if authorized by local ordinance, subject to certain conditions; and WHEREAS, the Land Division Ordinance as adopted by reference in 1982 by Ordinance No. 12 does not provide for the amendment of recorded final maps or parcel maps; and WHEREAS, the City Council finds that by adding a provision to the Land Division Ordinance for the amendment of recorded final maps and parcel maps is in the best public interest to update the Land Division Ordinance to conform with subsequent changes to the Riverside County Land Division Ordinance and with subdivision ordinances of other local agencies; and WHEREAS, Section 66499(a)(4) allows that as improvement security for a final map or parcel map, a lien upon the property to be divided, created by a contract between the owner and the local agency may be used if the local agency finds that it would not be in the public interest to require the installation of the required improvements sooner than two years after the recordation of the map; and WHEREAS, the Land Division Ordinance as adopted by reference in 1982 by Ordinance No. 12 does not provide for the use of such liens upon, the property to be divided as an acceptable improvement security; and WHEREAS, the City Council finds that by adding a provision to the Land Division Ordinance for the use of lien contracts as improvement security as provided in Section 66499(a)(4) is in the best public interest to conform with subsequent changes to the Riverside County Land Division Ordinance and with subdivision ordinances of other local agencies, and to provide greater flexibility to subdividers and owners in obtaining improvement security. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. PURPOSE A. This ordinance adds a new Section 9.13 to the Land Division ordinance, as adopted by reference by Ordinance No. 12, in order to provide a procedure for the amendment of recorded final maps and parcel maps, in accordance with Section 66472.1 of the Government Code. B. This ordinance adds a new Section 15.1(J) to the Land Division ordinance, as adopted by reference by Ordinance No. 12, in order to allow the use of lien contracts as improvement security, in accordance with Section 66499(a)(4) of the Government Code. Section 2. ADDITIONS TO RIVERSIDE COUNTY LAND DIVISION ORDINANCE 460, AS ADOPTED BY REFERENCE BY ORDINANCE NO. 12. A. Section 9.13 is hereby added to Riverside County Land Division Ordinance 460: 9.13: AMENDMENT OF FINAL MAPS OR PARCEL MAPS. A. After a final map or parcel map is filed in the Office of the County Recorder, the recorded map may be modified by an Amendment of the Map. B. Application. The land divider may apply for an Amendment of Map to the Planning Department upon payment of fees or deposits as set by City Council resolution or policy and shall include such information as required by the Planning Director. C. No Amended Map shall be approved unless it complies with the following standards: 1. There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; 2. The modifications do not impose any additional burden on the present fee owner or owners of the property; 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; 4. The Director of Engineering/Public Works finds that the map as modified conforms to the provisions of Section 7.1 of the Land Division Ordinance, as amended by Ordinance No. 629. D. Notice of Hearing. The Planning Director shall set the matter for public hearing by the Planning Commission in accordance with Sections 65090 and 65091 of the State Government Code. The hearing shall be confined to consideration of and action on the proposed modification. E. Recordation of Amendment of Map. When the changes to a final map or parcel map are in conformance with the standards as determined by the Director of Engineering/Public Works, the Director shall certify to this fact on the amended map and shall cause the amended map to be recorded. B. Section 15.1(J) is hereby added to Riverside County Land Division Ordinance 460: 15.1(J): LIEN AGREEMENT AS SECURITY. A. The land divider may, in lieu of posting a security described in Section 12.1(A), enter into an agreement with the City to construct the required improvements in the future, securing such performance by granting the City a lien on the real property to be divided. Such agreements shall be known as 'lien agreements. The use of lien agreements shall only be allowed if all requirements of this Section are satisfied. B. The Subdivision Map Act Section 66499(a)(4) authorizes the City to enter into lien agreements if it is found by the City that it would not be in the public interest to require the installation of the required improvements sooner than two (2) years after the recordation of the map. Where the City makes such a finding, the land divider, with the permission of the City, may execute a lien contract with the City at the time the land divider enters into an agreement with the City to construct the improvements required as conditions of approval by the Planning Commission or City Council on a tentative land division map. C. A lien agreement may be used to substitute an existing security which was furnished under Section 12.1(A); provided, however, that use of a lien agreement as substitution for an existing security shall be at the City's sole discretion. The City will not accept a lien agreement from any land divider, either at the time of execution of the agreement to construct improvements, or as a substitute for existing security, if any individual lots have been sold, if any construction permits, including but not limited to any grading or building permits, have been issued on any of the property, or if construction of any of the required improvements has begun. Notwithstanding the above, the City may accept a lien agreement from any land divider as a substitute for existing security if grading or construction of improvements has commenced on the land to be divided so long as the grading and construction is in strict accordance with a valid grading permit or construction permit and all the following are met: 1 . There is no need for the City to construct the required improvements if the land divider's project is abandoned or delayed for any period of time or for any other reason; 2. The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private; 3. The grading or construction of improvements has not caused the modification or closure of any public access points, existing streets or highways, public or private; 4. Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road right-of-way due to the grading; 5. Delay of the construction or completion of the land divider's required improvements do not affect or delay the improvements of an adjacent land divider who has already commenced work on his or her required improvements. D. Lien agreements shall: 1 . Be allowed only where the land divider provides a title insurance policy and current title report from a title company approved by the City that documents that the land divider is the record owner of the real property to be divided and, unless the City Council approves otherwise, the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to the execution of the lien agreement. 2. Be in a form acceptable to and approved by City Attorney. 3. Contain an itemization of the required improvements and an estimate of costs approved by the Director of Engineering/Public Works and shall specify that the land divider's or subsequent owner's obligation extends to the actual cost of construction of the required improvements if such costs exceed the estimate. 4. Be recorded with the County Recorder. 5. Be approved concurrently with the approval of the final map with a note of the lien agreement's existence placed on the map, except where the lien agreement is being substituted after final map approval for another security previously deposited pursuant to Section 12.1(A), in which case the lien agreement shall be signed and acknowledged by all parties having any record title interest in the property, as prescribed by Government Code Section 66436, consenting to the subordination of their interests to the lien agreement. 6. Be approved only when the appraised value of the land being divided less all trust deeds, liens and encumbrances, is at least 150% of the value of the proposed lien on the property. 7. Provide that prior to the issuance of building permits or the commencement of improvements on the divided land, the owner or developer must provide substitute improvement agreement and improvement security for the lien agreement, in one of the forms approved in Section 12.1(A).5. E. From the time of recordation of the lien agreement, a lien shall attach to the property and shall have the priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the City agree to subordinate the lien. F. The lien agreement shall provide that the land divider shall substitute acceptable security for the lien agreement and commence to construct the improvements required as conditions of approval by the Planning Commission or City Council of a tentative land division map, within three years following recordation of the map, or in the case of a lien agreement which has been substituted for existing security pursuant to Section 17.1 within three years following recordation of the lien agreement. G. The time for substitution of acceptable security and commencement of construction or completion of the required improvements in Subsection F above, may be extended up to three times, by the City Manager upon the written request of the owner and a showing of good cause. The City Manager shall have the discretion to determine if good cause for granting an extension has been shown. Each extension shall be for a period not to exceed one year. However, the City Manager may grant additional time extensions, as he/she deems appropriate, for substitution of acceptable security and commencement of construction of the required improvements pursuant to agreements secured either by (i) lien agreements executed at the time of recordation of the map, or (ii) lien agreements substituted for an existing security furnished under Section 12.1(A). For each extension of time under this subsection, the land divider shall provide a title insurance policy and current title report from a title company approved by the City that documents that the land divider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to request for an extension of time. H. No individual lots may be sold while the lien agreement is in place. However, fee title to the entire property encumbered by the lien agreement or to all lots designated on any individual final map which is encumbered by the lien agreement, may be sold in the aggregate to a single purchaser, provide that the proposed purchaser must, prior to assuming title to the property, either(i)execute a new lien agreement in a form acceptable to the City which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and new lien agreement, or (ii) provide acceptable alternative security for the required improvements to be constructed as a condition to development of the property conveyed, pursuant to Section 12.1(A). Any new lien agreement must require that acceptable security be substituted therefor, and the improvements secured thereby commenced by the same date provided in the lien agreement with the original owner, unless such date shall be extended by the City Manager as provided in subsection G above. At the time the City Council approves a lien agreement, the land divider shall provide a cash deposit in the amount of $12,000.00 to the City for the purpose of reverting the property to acreage if the land divider breaches the terms of the lien agreement. In addition, at such time as title to any property subject to a lien agreement shall be conveyed, the transferee thereof, if such transferee executes a new lien agreement to secure construction of the improvements imposed upon such property as described in Subsection H above, shall provide a substitute cash deposit in the amount of $12,000.00 to the City for the purpose of reverting the property to acreage if the land divider breaches the terms of the lien agreement. Any unused portion of any such deposit shall be refunded to the land divider following completion of such reversion. If the costs of reverting the property to acreage exceed $12,000.00, the land divider shall pay such additional costs to the City prior to recordation of the reversion to acreage map. J. The lien agreement shall only be released upon substitution of acceptable security for the lien agreement under Section 12.1(A) in order to begin construction of the required improvements, or upon recordation of a reversion to acreage map. Section 3. SEVERABILITY The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared to be invalid by any court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance are hereby adopted and shall remain in full force and effect. Section 4. REPEAL OF CONFLICTING PROVISIONS All the provisions of the Cathedral City Municipal Code as heretofore adopted that are in conflict with the provisions of this ordinance are hereby repealed. Section 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its second reading by the City Council. Section 6. POSTING The City Clerk shall within 15 days after passage of this ordinance, cause it to be posted in at least three (3) designated public places; shall 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 into the Book of Ordinances of this City. Section 7. CERTIFICATION The foregoing ordinance was approved and adopted at a meeting of the City Council held on January 8, 2020, by the following vote: Ayes: Councilmembers Lamb, Gurierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar Noes: None Abstain: None Absent: None _w )Vo n Aguilar, or ATTEST: 1 oUiti41, c 417/ ,r,.�,t Tracey R) Martinez, C.M.0 City Clerk APPROVED AS TO 73R-114: Eric S. Vail, City Attorney