Chapter 16.39
PARCEL MERGERS
Sections:
16.39.020 Requirements for the Merging of Substandard Parcels.
16.39.030 Notification of Intent to Merge Substandard Parcels.
16.39.040 Request for Hearing.
16.39.050 No Hearing Requested.
16.39.060 Planning Commission Public Hearing.
16.39.070 Notice of Merger for Substandard Parcels.
16.39.080 Appeal of Planning Commission Action.
16.39.090 Merger of Parcels Other Than Substandard Parcels.
16.39.100 Application and Fees.
16.39.110 Requirements for Merger of Standard Parcels.
16.39.120 Planning Commission Hearing.
16.39.150 Appeal of Planning Commission Action.
16.39.160 Procedures for Parcel Merger Initiated by Owner.
16.39.010 Purpose.
A. The purpose of this chapter is to provide procedures by which the City may initiate the merging of two (2) or more contiguous substandard parcels and to provide regulations for the merger of standard parcels as a simply, quick alternative to parcel maps for the assembly of small parcels of land into larger parcels of land in order to encourage revitalization in the City. This section is adopted pursuant to Sections 66451.10 through 66451.21 and 66499.20-3/4 of the Government Code.
B. An owner may initiate the merging of two (2) or more contiguous parcels. This section is adopted pursuant to Section 66499.20-3/4 of the Government Code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.020 Requirements for the Merging of Substandard Parcels.
The Director or City Engineer may initiate a merger of substandard parcels held by the same owner pursuant to Section 66451.11 of the Government Code, if one (1) of the contiguous parcels does not conform to the City’s standard for minimum lot area as provided by the City’s zoning regulations or applicable specific plan, and if all of the following requirements are satisfied:
A. At least one (1) of the affected parcels is undeveloped but may be developed only with an accessory structure(s) or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel; and
B. With respect to the affected parcel, one (1) or more of the following conditions exists:
1. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.
2. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its establishment.
3. The parcel does not meet slope stability standards.
4. The parcel does not meet current standards for sewage disposal and domestic water supply.
5. The parcel has inadequate legal access for vehicular and safety equipment maneuverability.
6. Its development would create health and safety hazards.
7. The parcel is inconsistent with the City’s General Plan or any specific or corridor plan.
C. The requirements of this section shall not apply if any one (1) of the conditions set forth in Sections 66451.11(b)(7)(A) through 66451.11(b)(7)(E), inclusive, of the Government Code exists. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.030 Notification of Intent to Merge Substandard Parcels.
Prior to merging parcels, the Director shall, by certified mail to the property owner, mail a notice of intent to merge, notifying the owner that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner will be given the opportunity to request a hearing and present evidence that the proposed substandard merger does not meet the criteria for a merger. The notice of intent to merge shall be recorded with the Los Angeles County Recorder on the date that the notice is given to the property owner of record. Ownership of continuous parcels shall be determined as of the date that notice of intent to merge is recorded. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.040 Request for Hearing.
At any time within a thirty (30) day period after recording of the notice of intent to merge, the owner of the affected property may file a request for public hearing regarding the proposed merger, with the Director. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.050 No Hearing Requested.
If the owner does not file a request for a public hearing within the thirty (30) day period specified above, the Commission may make a determination that the affected parcels are or are not to be merged and release the notification of intent to merge. The Commission shall direct the Director to record, as specified in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), a release of the notice of intent to merge and mail a copy to the property owner. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.060 Planning Commission Public Hearing.
If the parcels are to be merged, the Commission shall cause the notice of merger to be recorded as provided for in Section 66451.12 of the Government Code, and in Section 16.39.030.
A. Notice of Hearing. The Director shall set a time, date and location for a Commission public hearing upon receiving a request for a hearing from the property owner of the affected property in accordance with the Subdivision Map Act Section 66451.15. The hearing shall be conducted not more than sixty (60) days following the receipt of the owner’s request, but may be continued with the mutual consent of the Commission and the property owner. Notice of the hearing shall be given to the property owner by certified mail.
B. Evidence of Noncompliance. The property owner shall be given the opportunity at the hearing to present any evidence that the affected property does not meet the merger requirements as set forth in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels).
C. Findings. After completion of the hearing by the Commission, or if no hearing is requested, after completion of the thirty (30) day period specified in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), the Commission shall make the following findings in order to merge a substandard parcel:
1. The merged parcel complies with Sections 66451.11(a) and 66451.11(b) of the Subdivision Map Act;
2. The merged parcel complies with all applicable City requirements for the merging of substandard parcels; and
3. The merged parcel does not adversely affect the purpose and intent of the City’s General Plan or the public health, safety and welfare.
D. Determination Following Hearing. At the conclusion of the hearing the Commission shall make a determination to whether the affected parcels are to be merged or not to be merged notwithstanding the affected parcels meeting all the requirements set forth in Section 16.39.020 (Requirements for the Merging of Substandard Parcels). If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail. The Commission shall notify the owner of its determination no later than five (5) working days after the hearing. A determination of merger shall be recorded within thirty (30) days after the conclusion of the hearing through a notice of merger. If the Commission determines that the subject parcels shall not be merged, it shall cause to be recorded a release of the notice of intent to merge, and the property owner shall be mailed a clearance letter. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.070 Notice of Merger for Substandard Parcels.
A merger of substandard parcels shall become effective upon recordation with the County Recorder. A notice of merger shall specify the determination of the Commission, the names of the recorded owners and a legal description of the properties. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.080 Appeal of Planning Commission Action.
Appeal of a Commission determination shall be made in accordance with the provisions for appealing Commission actions in Chapter 17.07 (Appeals or Certification of Review). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.090 Merger of Parcels Other Than Substandard Parcels.
The City shall regulate the merger of other parcels according to the purpose and intent of the Subdivision Map Act and the provisions of this section. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.100 Application and Fees.
An application and fees for parcel mergers shall be required in compliance with the parcel merger submittal requirements, which are available in the office of the City Engineer. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.110 Requirements for Merger of Standard Parcels.
A. The merged parcels must comply with the current lot area standards.
B. The proposed parcel must have legal access for ingress and egress to a street with irrevocable dedication for public street.
C. The proposed parcel must be served by all necessary rights-of-way or utility easement dedications.
D. The proposed parcel must be in compliance with applicable vehicular parking and parking access requirements.
E. The parcels to be merged must be contiguous and held in common ownership as of the date the application is filed. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.120 Planning Commission Hearing.
A. Notice of Hearing. The Director shall set a time, date and location for a Commission hearing after determining the application complete for parcel merger. Notice of the hearing shall be given to the applicant and property owners within a one thousand (1,000) foot radius of the subject parcels for merger. The hearing may be postponed or continued with mutual consent of the Commission and the applicant.
B. Notice of Intention to Merge Other Than Substandard Parcels. Upon determining the application complete, the Director shall mail a notice of intent to merge to the County Recorder. The notice of intent to merge shall be filed on all affected parcels indicating that the property owner has filed an application to merge parcels.
C. Findings. After completion of the hearing, the Commission shall make the following findings in order to merge parcels other than substandard parcels:
1. The merged parcel conforms with the General Plan, development code and applicable specific plans.
2. Development of the merged parcel does not adversely affect the public health, safety or welfare.
3. The merged parcel has adequate access as determined by the City Engineer and is served by all necessary utilities.
4. The merged parcel does not require right-of-way of utility easement dedications.
D. Determination/Procedures Following Hearing. At the conclusion of the hearing, the approving authority shall make a determination as to whether the affected parcels shall be merged or shall not be merged.
1. If the Commission determines that the parcels shall be merged, pursuant to Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), it shall cause to be recorded a notice of merger. The notice of merger shall contain the names of the recorded owners, legal description of the existing parcels, maps of the existing standard parcels prior to merger and the new merged parcel(s).
2. The applicant shall have one (1) year to complete the merger in accordance with the specifications of the City Engineer and record the merger with the County Recorder.
3. If, in accordance with Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), the Commission determines that the parcels cannot be merged, it shall cause to be recorded a release of the notice of intent to merge.
4. The Commission may determine that certain standard parcels are not to be combined by merger and require the filing of a parcel map or tentative map in order to merge the parcels, in which case the map would have to comply with the requirements for a parcel or tentative map in Chapter 16.25 (Tentative Tract and Parcel Maps). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.130 Record of Survey.
A record of survey or other document approved by the City Engineer for the merged parcel shall be completed in compliance with the City’s engineering requirements for survey of record, unless determined by the City Engineer to be unnecessary. Monumentation for the subject parcel shall be made in accordance with the City’s engineering standards. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.140 Extensions.
The initial two (2) year approval period may be extended for one (1) year in accordance with the provisions of Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.150 Appeal of Planning Commission Action.
Appeals of Commission determinations regarding parcel mergers shall be made in accordance with Chapter 17.07 (Appeals or Certification of Action). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.39.160 Procedures for Parcel Merger Initiated by Owner.
A. Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.20-3/4 and this chapter.
B. Record owner(s) of contiguous lots may file a request with the City Engineer to merge said contiguous parcels. An application and fees for parcel mergers shall be required in compliance with the parcel merger submittal requirements, which are available in the Public Works Department.
C. A lot merger, upon application filed with the Public Works Department, shall be subject to review and approval, with or without conditions, by the City Engineer.
D. A parcel merger shall become effective when the City Engineer causes a notice of merger to be filed with the office of the County Registrar/Recorder. (Ord. 13-8 § 4 (Exh. A), 6/11/13)