Manhattan Beach Municipal Code Ch. 11.32 Reversions to Acreage and Mergers

The owners of subdivided property may initiate proceedings for reversion to acreage by filing a petition with Community Development. Proceedings shall be undertaken pursuant to Government Code 66499.11 et seq. Subdivided property consisting of four (4) or less contiguous parcels under the same ownership may also be reverted to acreage through the filing of a parcel map in accordance with the Subdivision Map Act.

(§ 2, Ord. 1990, eff. December 3, 1998)

Subdivided property consisting of contiguous parcels under common ownership may be merged without reverting to acreage by following the procedures set forth in this chapter.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if one (1) of the parcels or units does not conform to the minimum parcel or lot size required by Title 10, Zoning, of this Code, and if all of the following requirements are satisfied:

1. At least one (1) 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; and

2. With respect to any affected parcel, one (1) or more of the following conditions exists:

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

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

c. Does not meet current standards for sewage disposal and domestic water supply,

d. Does not meet slope stability standards,

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

f. Its development would create health or safety hazards, or

g. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

B. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this chapter.

C. Subsection (A)(2) of this section shall not apply if any of the conditions stated in Section 6645 1.1 l(b)(A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Prior to recording a notice of merger, Community Development shall mail, by certified mail, a notice of intention to determine status to the current owner of the property on record. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within thirty (30) calendar days after the date the notice of intention is recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for recordation with the County Recorder on the same day that the notice is mailed to the property owner.

B. If the owner does not file a request for a hearing within thirty (30) calendar days after the recording of the notice of intention to determine status, the Planning Commission may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for recordation with the County Recorder within ninety (90) calendar days after the mailing of the notice of intention to determine status.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. The owner of the affected property may file a written request for a hearing with Community Development within thirty (30) calendar days after recording of the notice of intention to determine status. Upon receipt of the request, Community Development shall set a time, date and place for a hearing before the Planning Commission and notify the owner by certified mail. The hearing shall be conducted within sixty (60) calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Planning Commission and the property owner.

B. 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 specified in this chapter.

C. At the conclusion of the hearing, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner within five (5) calendar days after the date of the hearing.

(§ 2, Ord. 1990, eff. December 3, 1998)

If the Planning Commission makes a determination that the parcels are to be merged, a notice of merger shall be recorded with the County Recorder within thirty (30) calendar days after the conclusion of the hearing, unless the decision has been appealed pursuant to Section 11.32.080 of this chapter. The notice of merger shall specify the name of the owner of record and a description of the property. The notice of merger under this chapter shall be approved by the City Engineer prior to being filed by the City Clerk for recordation with the County Recorder.

(§ 2, Ord. 1990, eff. December 3, 1998)

If the Planning Commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be recorded with the County Recorder within thirty (30) calendar days after the Planning Commission determination, and a clearance letter shall be mailed to the owner by Community Development.

(§ 2, Ord. 1990, eff. December 3, 1998)

Notwithstanding the requirements of Section 11.32.030 of this chapter, the owner of contiguous parcels may request a merger of the parcels, without reverting to acreage. Such request shall be submitted with the appropriate forms, fees, and property information as prescribed by Community Development. A certificate of compliance reflecting the merger shall be issued by the Community Development Department, with or without conditions, and recorded pursuant to the Subdivision Map Act.

(§ 2, Ord. 1990, eff. December 3, 1998)

A merger of parcels shall not be required for existing religious assembly and public or private school uses, when the site is used as a single building site, subject to the Director of Community Developments approval of a certificate of compliance, in accordance with Section 11.04.050, Certificate of compliance. These lots may continue to be used as one (1) building site without requiring a merger of parcels, and the expansion of existing religious assembly and public or private schools is permitted without the recordation of a merger of the parcels.

(§ 21, Ord. 2111, eff. March 19, 2008)