Imperial County Municipal Code Ch. 8 Lot Mergers Initiated by Property Owner

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 8, which pertained to the same subject matter, consisted of §§ 90808.00—90808.08, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

The purpose of this Chapter is to establish procedures for the processing of Lot Merger applications initiated by the record property owner. Merger can only be considered where:

A. All the lots or parcels are contiguous.

B. The lots or parcels were created by a parcel map or tract map in compliance with the Subdivision Map Act and Imperial County Ordinance at the time of creation, or were legal lots prior to enactment of the Subdivision Map Act.

C. The lots or parcels cannot be separated by or affected by an easement, right-of-way, road, alley or canal (including public utility easements).

D. Affect or restrict any access to lots or parcels.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by the Planning and Development Services Department) for a lot merger as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department. The applications shall be accompanied by the fee as required in this Title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application for a lot merger shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1. Must show the entirety of all parcels and all property boundary lines.

2. All property boundary dimensions.

3. All existing structures (below and above ground).

4. All proposed structures (below and above ground).

5. Distance from all structures to property lines and between structures.

6. North orientation.

7. Scale.

8. Access from adjacent street/road.

9. All utility locations (i.e. electrical, plumbing).

10. Name and telephone number of person(s) preparing plan.

11. Location of known hazard areas, if any.

12. Assessor's Parcel Number, legal description and property size.

13. Must show all easements, rights-of-way, etc.

14. Parking areas.

15. Drainage.

16. Must show proposed property line to be removed. These lines must be shown as dashed and labeled to be removed.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application submitted shall be deemed "received" on the date of submittal and shall be signed and dated by the Department staff. The Department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

The Planning Director shall conduct a public hearing and approve or deny the lot merger based on consistency with the following determination if the application is categorically exempt under CEQA, or if further environmental documentation is required.

A. All the lots or parcels are contiguous.

B. Whether the lot merger conforms to State law and County Ordinance.

C. The lot merger is between lots or parcels that were created by a parcel or tract map consistent with the Subdivision Map Act and County Ordinance in effect at the time they were created.

D. The lots or parcels are not separated or affected by any easement, right-of-way, road, alley or canal (including public utility easements).

E. The parcel as merged will not be deprived access as a result of the merger.

F. Access to the adjoining parcels will not be restricted by the merger.

G. The parcel as merged will not conflict with the location of any existing structures on the property.

H. No new lot or lots are created through the merger.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Department shall schedule the lot merger for Planning Director Action or Planning Commission by allowing adequate review time for staff and responsible departments/agencies, yet within time limits established by law. Under no circumstances shall a project be heard by the Planning Director without all required noticing having been provided.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The department shall strictly adhere to the following noticing requirement:

Refer to Division 1, Chapter 4, Section 90104.03.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any decision made by a hearing body (planning director, planning commission, and/or Board of Supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon the filing of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on lot mergers shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director on a lot merger provided such an appeal meets the following requirements:

A. A written appeal is filed within ten (10) calendar days from the planning directors decision on lot merger.

B. The appeal is filed with the Planning and Development Services Department.

C. The requisite fees are included.

D. The written appeal clearly states the following:

1. Name of person(s) filing appeal.

2. Address and phone number of person(s) filing.

3. Project/decision being appealed.

4. Reason for filing appeal.

5. Facts, condition(s), information, error, or other specifics to warrant appeal.

6. Prior effort(s) made to arrive at acceptable solution, if any.

7. Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8. Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon compliance with all conditions of approval and submittal and completion of all of the following, the planning director shall record a Lot Merger Certificate of Compliance.

1. Full legal description and closure sheets acceptable to the Planning Department stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches × eleven (11) inches.

2. Letter of approval by the County Surveyor on the new legal description.

3. Current tax certificate issued.

4. Recording fees.

(Ord. No. 1565, §§ 5, 6, 12-15-20)