Chapter 16.28 — MERGER OF PARCELS

The merger of a parcel or unit with a contiguous parcel or unit held by the same owner if all the following requirements are satisfied:

• A. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the local agency, or which was built prior to the time such permits were required by the local agency.

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

  1. Comprises less than 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.

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

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

(Prior code § 39-267)

A merger of parcels shall become effective when the local agency causes to be filed for record with the Recorder of the County in which the real property is located, a notice of merger specifying the names of the record owners and particularly describing the real property. (Prior code § 39-268)

Prior to recording a notice of merger, the local agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the Recorder of the County in which the real property is located on the date that notice is mailed to

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City of Paramount, CA § 16.28.030 SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.28.050

the property owner. (Prior code § 39-269)

• A. Request for Hearing. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the local agency a request for a hearing on determination of status.

• B. Procedure for Hearing. Upon receiving a request for a hearing on determination of status, the local agency 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. The hearing shall be conducted not less than 30 days following the local agency's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency and the property owner.

• C. Procedure for Determination Following Hearing.

  1. At the hearing the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance.

  2. At the conclusion of the 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 owner of its determination. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in Section 16.28.010. A determination of merger shall be recorded within 30 days after conclusion of the hearing as provided for in Section 16.28.020.

(Prior code §§ 39-270—39-272)

• A. Generally. Within 10 days after the receipt by the owner of action by the Planning Commission, such owner may, if dissatisfied with or aggrieved by the action of the Planning Commission, appeal the action to the City Council. The filing of such appeal within the stated time limit shall stay the effective date of the decision of the Planning Commission until such time as the City Council has acted on the appeal as set forth in this chapter. In the absence of such appeal, the action of the Planning Commission shall be final.

• B. Transmission of Record to Council—Notice and Hearing by Council Generally. Upon receipt of an appeal to the City Council, the City Clerk shall advise the secretary of the Planning Commission and such secretary shall transmit to the City Clerk the Planning Commission's complete record of the case. Within a period, not to exceed 60 days, following receipt of the written appeal, the City Council shall conduct a public hearing. Public notices of such public hearing shall be given as provided in Chapter 17.56 of this Code.

• C. Adverse Decision by Council May Be Referred to Planning Commission. If the City Council proposes an action that is in any way contrary to the action taken by the Planning Commission, it may refer its findings to the Planning Commission and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to

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City of Paramount, CA § 16.28.050

PARAMOUNT CODE

§ 16.28.080

report to the City Council within 40 days after reference may be deemed to be an approval by the Planning Commission of any proposed change.

• D. Resolution of Council—Generally—Action of Council to Be by Majority Vote and Shall Be Final, Etc.

  1. The City Council shall announce its findings and decision by formal resolution not more than 20 days following the termination of proceedings of the hearings, or not more than 20 days following the receipt of a report from the Planning Commission, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, makes the granting or denial of the appeal necessary to carry out the general purpose of this section.

  2. The action by the City Council on the appeal shall be by a majority vote of the City Council and shall be final and conclusive.

• E. Copy to Be Mailed to Applicant, Etc. Not later than seven days following the adoption of a resolution ordering that a parcel merger or non-merger take place, a copy of such resolution shall be mailed to the owner and to any other parties requesting a notice of the action, and one copy shall be attached to the Planning Commission's file of the case and such file returned to the Planning Commission for permanent filing.

• (Prior code §§ 39-273—39-277)

If, within the 30-day period specified in Section 16.28.040(A), the owner does not file a request for a hearing in accordance with said section, the local agency may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 16.28.020 no later than 90 days following the mailing of notice required by Section 16.28.040(B). (Prior code § 39-278)

If, in accordance with Section 16.28.040(C) or 16.28.060 the local agency determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 16.28.020 a release of the notice of intention to determine status, recorded pursuant to Section 16.28.030, and shall mail a clearance letter to the then current owner of record. (Prior code § 39-279)

Pursuant to Section 66499.20 3/4 of the Map Act, the owner of contiguous parcels may request a merger of the parcels, without reverting to acreage by recording a certificate of compliance approved by the City Engineer as to form and content, properly describing the merged parcels.

• A. Initiation of Proceedings. Proceedings for merger of contiguous parcels without reverting to acreage may be initiated by application submitted to the City Engineer.

  1. Application Requirements. Applications for requests as defined above shall include the following:

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City of Paramount, CA § 16.28.080

SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.28.090

• a. Adequate evidence of title to the real property involved.

• b. A statement of the reasons for the proposed merger.

• c. A description of any easements, dedications or rights-of-way to be abandoned, vacated or retained.

• d. Any other pertinent information deemed necessary by the City Engineer.

• e. The appropriate filing fee, as established by City Council resolution.

• B. Review and Approval. Requests for merger by certificate of compliance as defined above, shall be reviewed by the Planning Commission in the same manner as prescribed for a merger of parcels, as stated in this chapter.

• C. Filing with County Recorder. Following approval, the owner or authorized representative shall file a certificate of compliance, approved by the City Engineer as to form and content, evidencing the merger, with the Los Angeles County Recorder.

• (Prior code § 39-280)

• A. Request. Pursuant to Section 66499.35 of the Map Act, any person owning real property or a vendee of such person pursuant to a contract of sale may request the issuance of a certificate of compliance, stating that such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and this title. Such request shall be filed with the City Engineer upon such forms, and accompanied by a fee as adopted by resolution of the City Council and such information as may be prescribed by the City Engineer.

• B. Determination.

  1. Based upon the criteria set forth in Section 66499.35 of the Map Act, the City Engineer shall approve, conditionally approve or deny a request for a certificate of compliance.

  2. The determination of the City Engineer may be appealed by the applicant to the Planning Commission, within 10 days of the determination by the City Engineer. Such appeals shall be in writing and accompanied by the standard appeal fee, as established by resolution of the City Council.

(Prior code § 39-281)

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City of Paramount, CA

SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.32.010

§ 16.32.060