Chapter 16.12 — ADMINISTRATION AND ENFORCEMENT

In granting any such exception, the advisory agency shall designate the conditions under which the exception is granted.

(CCCC§ 92-6.004)

16.12.030 - Modification of requirements.

The standards and requirements of these regulations may be modified by the Planning Commission in the case of a plan or program for a new town, or for a complete community or neighborhood unit which the Planning Commission finds provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the subdivisions when fully developed and populated, and which also provides such other provisions as will assure conformity to and achievement of the adopted General Plan.

(CCCC§ 92-6.006)

All subdivisions subject to the provisions of this title shall conform to the regulations of the county code, city code and applicable zoning ordinances.

(CCCC§ 92-8.002)

All construction materials, methods, tests and workmanship shall comply with the requirements of the ordinance specifications.

(CCCC§ 92-8.004)

16.12.060 - Action by interested persons.

A.

When any provisions of the Subdivision Map Act or this title requires the execution of any certificate or affidavit or the performance of any act by a person in his or her official capacity, who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act performed by some other person duly qualified therefor and designated so to act by the City Council.

B.

All legal forms and notes used in certificates, acknowledgments, dedications and other matter shall be subject to approval by the City Counsel.

(CCCC§ 92-10.002)

16.12.070 - Time limits.

The time limits specified in this title may be extended by mutual consent of the parties concerned.

(CCCC§ 92-10.004)

Chapter 16.16 - MERGERS

Sections:

16.16.010 - Purpose.

This chapter implements the procedures and prescribes the standards authorized by Government Code Sections 66451.10 through 66451.21 pertaining to the merger of parcels of land.

(CCCC§ 92-12.202)

16.16.020 - Criteria for merger of contiguous parcels.

A parcel of land may be merged with a contiguous parcel held by the same owner if all of the following requirements are satisfied:

A.

The affected parcels are held by the same owner as of the date of the notice of intention to determine status is recorded as provided by Government Code Section 66451.13;

B.

One of the affected parcels does not conform to standards for minimum parcel size under the applicable zoning;

C.

One of the affected parcels is: (a) undeveloped by a structure; or (b) developed only with an accessory structure; or (c) developed with a single structure (other than an accessory structure) that is partially sited on the contiguous parcel with which it is proposed to be merged (i.e., straddles a lot line); and

D.

With respect to one of the affected parcels one or more of the conditions set forth in Section 16.16.030 is met.

(CCCC§ 92-12.204)

16.16.030 - Conditions of contiguous parcels permitting merger.

In addition to the requirements of Section 16.16.020, in order for affected parcels to be merged, one or more of the following conditions must exist as to one of the affected parcels:

A.

Comprises less than five thousand (5,000) square feet in area at the time the merger is determined;

B.

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

C.

Does not meet current standards for sewage disposal and domestic water supply as provided in Sections 16.68.010 and 16.68.020;

D.

Does not meet slope stability standards in that soils investigation indicates the presence of critically expansive soils or other soils problems which if not corrected would lead to structural defects;

E.

Does not have legal access which is adequate for vehicular and safety equipment access and maneuverability to satisfy the requirements set forth in Sections 16.52.010 through 16.52.200 relating to the design and specifications for minor street or private roads, as the case may be, and does not have the approval of the local fire district as meeting its standards for access and maneuverability for fire equipment;

F.

If developed would create one or more of the following health or safety hazards:

1.

Construction is likely to adversely affect the stability of adjoining property or result in the deposition of debris on a way open to the public or interfere with an existing drainage course or is in an area determined to be subject to geological hazard,

2.

Surface waters occurring on the affected parcel or flowing onto or through it cannot be conveyed without damage to an improvement, building or dwelling to a natural watercourse having a definable bed and banks

or to an existing adequate storm drainage facility,

3.

The site available for development does not provide an appropriate buildable site consistent with the site's constraints in relation to one or more of the following: the slope, soil characteristics, seismic factors, existing and future residential development in the area of the site, the General Plan and the applicable zoning ordinance,

4.

Development of the site is likely to cause environmental damage or substantially and avoidably injure wildlife or their habitat,

5.

The type of improvements proposed for the site will conflict with easements acquired by the public at large for access through a use of the site.

(CCCC§ 92-12.206)

16.16.040 - Procedure.

A.

Notice of Intent to Determine Status of Affected Parcels. The Community Development Director shall mail a notice of intention to determine the status of the affected parcels by certified mail to the then current record owner. The notice shall advise the owner that the affected parcels may be merged under the standards specified in this chapter and advise the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger.

B.

Recordation of Notice of Intent. The Community Development Director shall file the notice of intent to determine status for record with the Recorder of the city on the date that the notice is mailed to the property owner.

C.

Hearing. If the property owner files with the city a request for a hearing on determination of status within thirty (30) days after recordation of the notice of intention to determine status, the Community Development Director shall fix the time and date and place for a hearing to be conducted by the Planning Commission. The Community Development Director shall notify the property owner by certified mail of the hearing. The Planning Commission shall conduct a hearing not more than sixty (60) days after the city has received the property owner's request for a hearing. The hearing date may be postponed or continued with the mutual consent of the Planning Commission and the property owner.

D.

Determination of Status Following Hearing. At the hearing, the property owner may present evidence that the affected parcels do not meet the standards for merger specified in this chapter. 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 its determination.

E.

Recordation of Notice of Merger. The Community Development Director shall cause a notice of merger specifying the names of the record owners and particularly describing the real property to be recorded within thirty (30) days after conclusion of the hearing.

F.

Determination of Merger Where No Hearing Requested. If within the thirty (30) day period after recordation of the notice of intention to determine status, the owner of the affected parcels does not file a request for a hearing, the Planning Commission may at any time thereafter make a determination that the affected parcels are to be merged or are not to be merged. A notice of merger shall be recorded not later than ninety (90) days after the date when the Community Development Director mailed the notice of intention to determine status.

G.

Determination Not to Merge. If the Planning Commission determines that the affected parcels are not to be merged, the Community Development Director shall have recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.

(Ord. 98-1 § 36; CCCC § 92-12.208)

16.16.050 - Appeal.

The decision of the Planning Commission made under this chapter may be appealed to the Council in the manner provided for the appeal of a decision of the Planning Commission as provided in Sections 2.40.350 through 2.40.400. The time for appeal is ten calendar days from the date of the Planning Commission decision.

(CCCC§ 92-12.210)

16.16.060 - Effect of non-prejudicial error.

The failure, neglect, informality or omission as to a matter pertaining to notices, findings, records of recordations, report, recommendations or any other matter of procedure does not affect the validity of the action taken unless after the examination of the entire process, it is found the complaining party suffered substantial prejudice.

(CCCC§ 92-12.212)

16.16.070 - Notice of violation and merger— Knowledge.

Any city official having knowledge of a possible violation of, or the merger of parcels of land pursuant to the provisions of the Subdivision Map Act or of this title, shall convey such information to the Community Development Director.

(CCCC§ 92-12.402)