El Segundo Municipal Code Ch. 3 Merger of Parcels

The purpose of this Chapter is to provide a procedure by which two (2) or more contiguous parcels or units of land held by the same owner and which do not conform to minimum development standards of the underlying zoning district may be merged. This procedure is adopted pursuant to sections 66451.10 et seq., of the California Government Code. (Ord. 1212, 11-16-1993)

A. Parcels Held By Same Owner: The provisions and procedures set forth in this Chapter shall be applicable to two (2) or more contiguous parcels of land held by the same owner, whether that ownership is absolute or "qualified", as defined by California Civil Code section 680, notwithstanding those provisions of this Code which exempt older substandard lots, where:

1. The parcels were created under the provisions of this Code regulating subdivisions or any prior ordinance or State law regulating the division of land or which were not subject to any prior law regulating the division of land; and

2. At least one of the contiguous parcels or units of land held by the same owner does not conform to standards for minimum parcel size under the City Zoning Ordinance, Title 15 of this Code.

B. Sale Of Contiguous Parcels: Nothing in this Chapter shall be construed or interpreted to prohibit the sale, lease or financing of such contiguous parcels of land, or any of them, where the same have not been merged pursuant to the procedure set forth herein. (Ord. 1212, 11-16-1993)

Application for a merger of parcels shall be accompanied by the following:

A. City application;

B. City fees;

C. Exhibit displaying properties involved; and

D. Any additional materials as required by the Director of Community Development. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

Any two (2) or more contiguous parcels or units of land held by the same owner which are subject to the merger procedures set forth herein as provided in Section 14-3-3 of this Chapter, may be merged if all of the following requirements are satisfied:

A. Undeveloped: At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

B. Conditions: With respect to any affected parcel, one or more of the following conditions exists:

1. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

3. Does not meet current standards for sewage disposal and domestic water supply;

4. Does not meet slope stability standards;

5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

6. Its development would create health or safety hazards; or

7. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (Ord. 1212, 11-16-1993)

For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that a notice of intention to determine status is recorded pursuant to Section 14-3-6 of this Chapter. (Ord. 1212, 11-16-1993)

Prior to recording a notice of merger, the Director of Community Development shall:

A. Issuance; Contents: Mail by certified mail to the then current record owner of the property, and mail by first class mail to the owners of abutting property a notice of intention to determine status. As used in this Title, "abutting property" means property that is contiguous to the property that is the subject of the application or is separated from it only by a street or alley. Such notice shall state that:

1. The affected parcels may be merged pursuant to the merger provisions of this Chapter;

2. The owner may file a written request with the Director of Community Development any time within thirty (30) days after the date the notice of intention to determine status is recorded for a hearing before the Planning Commission and may present evidence at the hearing that the property does not meet the requirements for merger;

3. That the notice of intention to determine status was filed for recording with the Los Angeles County Recorder's office on the same date such notice was mailed to the property owner and to the owners of the abutting property; and

4. That if a hearing is not requested, the Planning Commission will proceed to determine whether the parcels should be merged.

B. Filing: File the notice of intention to determine status with the Los Angeles County Recorder's office on the same date that the notice is mailed to the property owner. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18- 2000; Ord. 1639, 9-20-2022)

A. Issuance Of Notice: Upon receipt of a written request for a hearing on the determination of status, the Director of Community Development shall fix a time, date and place for a hearing to be conducted by the Planning Commission, and shall so notify the property owner by certified mail, and the owners of abutting property by first class mail. The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner.

B. Present Evidence: At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger as set forth in Sections 14-3-3 and 14-3-4 of this Chapter.

C. Determination:

1. At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels are to be merged and shall notify the owner of its determination as soon thereafter as practicable.

2. The Planning Commission may, at the close of the hearing, determine that the parcels are not to be merged, notwithstanding the fact that the affected parcels have met all the requirements set forth in Sections 14-3-3 and 14-3-4 of this Chapter for a merger. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

A. Failure To File Request: If the property owner fails to file a request for hearing within the thirty (30) day period as provided in Section 14-3-6 of this Chapter, the Planning Commission may, at any time thereafter, make a determination as to whether the affected parcels are to be merged.

B. File Notice Of Merger: If the Planning Commission makes a determination of merger, the Director of Community Development shall file a notice of merger no later than ninety (90) days after the mailing of the notice of intention to determine status as provided in Section 14-3-6 of this Chapter, and shall notify the property owner of such determination by certified mail.

C. Determination Not To Merge: If the Planning Commission makes a determination not to merge the parcels, the Director of Community Development shall follow the procedure set forth in Section 14-3-10 of this Chapter. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

A. Notice To County: If the Planning Commission determines that the affected parcels are merged, the Director of Community Development shall file for record with the Los Angeles County Recorder's office a notice of merger specifying the names of the record owners and particularly describing the real property to be merged.

B. Time Of Filing: Said notice of merger shall be filed no later than thirty (30) days after the conclusion of the hearing on determination of status as provided in Section 14-3-7 of this Chapter, unless a timely appeal from the Planning Commission's determination is filed pursuant to Title 15, Chapter 25 of this Code.

C. Effective Date: A merger of parcels becomes effective on the date the notice of merger is duly filed with the Los Angeles County Recorder's office. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

If the Planning Commission determines that the affected parcels are not to be merged, the Director of Community Development shall:

A. File With County: File for record with the Los Angeles County Recorder's office a release of notice of intention to determine status, recorded pursuant to subsection 14-3-6B of this Chapter, specifying the names of the record owners and particularly describing the real property; and

B. Notify Owner: Mail a copy of the release to the then current owner of record. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

All appeals shall be processed as provided by Title 15, Chapter 25 of this Code. (Ord. 1212, 11-16-1993)