9.61 — DEFINITIONS

Whenever any words or phrases as used in this Title are not defined in this Chapter or in the City's Zoning Ordinance, but are defined in the Subdivision Map Act of the State as last amended, such definitions are incorporated in this Title and shall be deemed to apply as though fully set forth in this Title.

(Ord. 1125 § 2, 1981; Ord. 1878 § 2, 2015)

As used in this Title, unless a different meaning is apparent from the context or is specified elsewhere in the Code:

"Advisory agency" means:

• (a) The Planning Commission shall be the advisory agency for all purposes concerning maps.

(b) The Director shall be the advisory agency for all purposes concerning lot line adjustments. "Apartment" means a residential unit in a multiple family development of seven or more dwelling units where each unit is rented or leased for occupancy as a residence for one individual or family.

"Community apartment" means a residential unit in a multiple dwelling in which an undivided interest in land coupled with the exclusive right to occupy the unit may be purchased.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential development on such real property. A condominium may include a separate interest in other portions of such real property.

"Conversion" means the formal process of subdividing existing residential dwelling units into condominiums.

"Director" means the Director of the Planning Department, or their designee.

"Eligible tenant household" means a household consisting of an individual, group of individuals, or family residing in a particular residential dwelling unit of the subject property on the date of the mailing of the Notice of Intent to Convert. "Eligible tenant household" also includes an individual, group of individuals, or family who rents a unit within the subject property after the mailing of the Notice of Intent to Convert and who did not receive a copy of such Notice of Intent to Convert in writing prior to execution of a rental agreement for the rental of such unit.

"Month's rent" shall be an amount equal to the highest rent paid by an eligible tenant household over the twenty four month period immediately preceding notice of conversion or any month between the notice of conversion and the notice of exclusive right to purchase as provided in Section 9.62.020.E, whichever amount is highest.

"Notice of intent to convert" means the written notices required at least 60 days prior to filing a tentative map pursuant to the provisions of California Government Code Sections 66452.17 (notice to prospective tenants) and 66452.18 (notice to existing tenants), as may be amended from time to time.

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City of Palm Springs, CA § 9.61.020

PALM SPRINGS CODE

§ 9.61.175

"Special tenant household" shall mean an eligible tenant household with one or more residents who satisfy any one of the following criteria:

• (a) "Elderly" means a person over the age of sixty-two;

• (b) "Handicapped" as defined in Section 50072 of the California Health and Safety Code as may be amended from time to time;

• (c) "Low Income" as defined in Section 50093 of the California Health and Safety Code, as may be amended from time to time.

"Tenant assistance payments" means the payments of a subdivider, owner, or developer to an Eligible Tenant pursuant to the provisions of Section 9.62.020.F.

(Ord. 1125 § 2, 1981; Ord. 1410 § 5, 1992; Ord. 1673 § 1, 2005; Ord. 1878 § 3, 2015; Ord. 2031 §§ 19, 20, 2020; Ord. 2088, 11/9/2023)

• (a) Mergers Initiated by City.

  • (1) Two or more contiguous parcels or units of land held by the same owner which have been created under the provisions of any local ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation, and if any one of such contiguous parcels does not conform to standards for minimum parcel size and at least one of such nonconforming contiguous parcels is not developed with a building for which a permit has been issued, such parcels shall be merged for the purposes of this title.

  • (2) Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this title and the Subdivision Map Act.

  • (3) Two or more contiguous parcels or units of land may be merged for the purpose of lot consolidation to form one or more legal conforming lots by filing a parcel map and meeting all requirements of this title for parcel maps and following the procedures required herein.

• (b) Procedures for Lot Merger Initiated by the City

  • (1) A lot consolidation application or merger may be initiated by the city engineer, director of planning, city manager, planning commission, or city council.

  • (2) Property owner(s) and owners of adjacent parcels shall be notified of the proposed merger action at least one month before planning commission consideration.

  • (3) Lot mergers initiated by the city shall follow the procedure established for planning commission and city council action on parcel maps.

  • (4) The director of planning services, or the director's designee, shall prepare and submit a recommendation and report giving evidence why the parcels should or should not be merged.

  • (5) The owner(s) of the subject parcels may agree to the merger by affixing their signature on the application or submit evidence why the consolidations should not be

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City of Palm Springs, CA

SUBDIVISION OF LAND

§ 9.61.175

§ 9.61.175

accomplished.

• (6) In the event that such parcels are not merged in accordance with these procedures, a building permit may not be issued for any of the parcels under consideration if the parcels do not meet the applicable minimum development standards under the city's zoning ordinance for such parcels.

• (7) The decision of the city council shall be final.

• (c) Mergers Initiated by Application.

  • (1) This subsection implements the procedures and prescribes the standards for ownerinitiated merger and unmerger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20 1/2 through 66400.20 3/4, as may be amended from time to time.

  • (2) Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with the requirements for the subdivision of land as provided by the Subdivision Map Act and this subsection.

• (3) By application of all owners of record, filed with the city engineer, contiguous parcels under common ownership may be merged without reverting to acreage. To allow the merger, the city engineer, in consultation with the director of planning services, must find that:

  • (A) All parcels to be merged are contiguous;

  • (B) All parcels to be merged are under identical ownership; and

  • (C) The resulting parcel is consistent with the city's general plan, any applicable specific plan, and any other applicable provision of this code.

  • (4) Upon approval of the merger, the city engineer shall file with the county recorder an instrument evidencing the merger.

• (d) Appeal.

A determination of the city engineer under subsections (c) and (d) of this subsection may be appealed to the city council in the manner provided in Section 9.63.090 by filing a written notice of appeal within ten calendar days from the date of the city engineer's decision. (Ord. 1125 § 2, 1981; Ord. 1410 § 6, 1992; Ord. 1673 § 2, 2005; Ord. 1878 § 4, 2015)

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City of Palm Springs, CA § 9.62.010

SUBDIVISION OF LAND

§ 9.62.020

CHAPTER 9.62 MAPS