Chapter 7.34 — VOLUNTARY MERGER OF CONTIGUOUS PARCELS

Pursuant to Government Code Section 66499.20 3/4 and the provisions of this chapter, the Director is authorized to accept applications for voluntary merger of parcels, and the Director and the City Engineer may authorize the merger of a parcel(s) or unit(s) of land with a contiguous parcel(s) or unit(s) so long as the parcels or units of land meet the requirements set forth in this chapter and the merger is requested by the property owner as required herein. (Ord. 171 § 1, 2007)

Two or more contiguous parcels or units of land with a contiguous parcel may be merged pursuant to this chapter so long as title to both parcels are held by the same owner and either: (1) one of the contiguous lots does not conform to standards for minimum lot size or dimension specified by the Zoning Code applicable to the parcels or units of land, or (2) at least one of the lots or units meets one or more of the following requirements:

• A. The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;

• B. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation duly authorized to practice land surveying in the State;

• C. The parcel does not meet current standards for sewage disposal and domestic water supply;

• D. The parcel does not meet slope stability standards;

• E. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

• F. The parcel development would create health or safety hazards;

• G. The parcel is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards;

• H. The merger of the parcels would be in the best interests of the City and promote sound planning practices.

• (Ord. 171 § 1, 2007)

Applicants shall contact the Director to obtain an application for voluntary parcel merger. Applications for voluntary parcel merger shall be submitted to the Director and must include all of the following items in the original application package:

• A. One copy of parcel merger application fully completed and signed;

• B. Three sets of the parcel merger (plat) signed by a land surveyor or registered civil engineer;

• C. Title reports for each parcel, current within the last six months;

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City of Lake Forest, CA

LAKE FOREST CODE

§ 7.34.030

§ 7.34.050

• D. Closure/area calculations if necessary to substantiate record changes;

• E. Any other information deemed reasonable and necessary by the Director or City Engineer. (Ord. 171 § 1, 2007)

• A. A public hearing shall be required for the consideration of an application for voluntary merger where approval of such voluntary merger of parcels will constitute a substantial or significant deprivation of the property rights of other landowners. At the public hearing, the Planning Commission shall allow all interested persons an opportunity to address the Planning Commission on any matter pertaining to a proposed merger of parcels. The public hearing, including the notice thereof, for the voluntary parcel merger may be combined with a public hearing for a development project when it is convenient to do so.

• B. Upon receiving a complete application for voluntary merger of parcels pursuant to Section 7.34.030, the Director shall determine whether the voluntary merger of parcels will constitute a substantial or significant deprivation of the property rights of other landowners. Where the Director determines that the voluntary merger of parcels will constitute a substantial or significant deprivation of the property rights of other landowners, the City shall fix a time, date, and place for a hearing to be conducted by the Planning Commission, and shall notify the property owner of that time, date, and place for the public hearing by First Class United States mail. The public hearing shall take place at a regularly scheduled meeting of the Planning Commission or duly noticed special meeting when the matter has been duly placed on the Planning Commission's agenda. The public hearing shall be conducted not more than 60 days following the receipt of the application for voluntary merger of parcels, but may be postponed or continued with the mutual consent of the City and the property owner.

• C. In addition to the noticing requirements set forth in subsection B of this section, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the affected parcels to be merged by at least one of the following methods:

  1. Direct mailing to the owners;

  2. Posting of notice on and off the site in the area where the project is to be located;

  3. Delivery of notice by any means other than mail to the owners;

  4. Any other method or combination of methods reasonably determined to provide actual notice.

• (Ord. 171 § 1, 2007)

• A. At the public hearing, the applicant/property owner shall be given the opportunity to present any evidence that the affected property meets the standards for merger specified in this chapter.

• B. In addition, surrounding property owners and members of the public shall have the right to testify in support or opposition to the proposed merger and to present evidence supporting

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.34.050

§ 7.34.070

their position. The applicant and/or property owner shall be given the opportunity to rebut or refute any testimony or evidence presented.

• C. At the conclusion of the public hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the applicant/property owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 7.34.020 of this chapter.

• (Ord. 171 § 1, 2007)

Where the Director determines that the approval of the voluntary merger of parcels will not constitute a substantial or significant deprivation of the property rights of other landowners, the Director and the City Engineer, acting as the advisory agency, shall decide to approve or deny the application for a voluntary merger of parcels. The decision shall be in writing and sent by mail to the applicant within 50 days from the date the application was complete. (Ord. 171 § 1, 2007)

A determination of merger shall be recorded within 30 days after conclusion of the hearing or the administrative determination. A merger of parcels becomes effective when the City causes to be filed for record with the County Clerk/County Recorder of the County of Orange a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.36.010

§ 7.36.025