Rancho Palos Verdes Municipal Code Ch. 16.32 Reversions to Acreage and Mergers

The owners of subdivided property may initiate proceedings for reversion to acreage by filing a petition with the director. Proceedings shall be undertaken pursuant to Government Code tit. 7, div. 2, ch. 6, art. 1 (Government Code § 66499.11 et seq.). Subdivided property consisting of four or less contiguous parcels under the same ownership may also be reverted to acreage through the filing of a parcel map in accordance with Government Code § 66499.20.1.

(Code 1981, § 16.32.010; Ord. No. 320, § 7, 1997)

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.

(Code 1981, § 16.32.020; Ord. No. 320, § 7, 1997)

A. Two or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by title 17 (Zoning) of this Code, and if all of the following requirements are satisfied:

1. 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 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 or more of the following conditions exists:

a. Comprises less than 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 66451.11(b)(A), (B), (C), (D) or (E) of the Subdivision Map Act (Government Code § 66451.11(b)(A), (B), (C), (D) or (E)) exist.

(Code 1981, § 16.32.030; Ord. No. 320, § 7, 1997)

A. Prior to recording a notice of merger, the director shall mail, by certified mail, a notice of intention to determine status to the then-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 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 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 90 calendar days after the mailing of the notice of intention to determine status.

(Code 1981, § 16.32.040; Ord. No. 320, § 7, 1997)

A. The owner of the affected property may file a written request for a hearing with the director within 30 calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the director 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 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 calendar days after the date of the hearing.

(Code 1981, § 16.32.050; Ord. No. 320, § 7, 1997)

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 30 calendar days after the conclusion of the hearing, unless the decision has been appealed pursuant to section 16.32.080 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.

(Code 1981, § 16.32.060; Ord. No. 320, § 7, 1997)

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 30 calendar days after the planning commission determination, and a clearance letter shall be mailed to the owner by the director.

(Code 1981, § 16.32.070; Ord. No. 320, § 7, 1997)

The owner of a merged parcel may appeal a determination by the planning commission in writing to the city council within 15 calendar days after receiving notice of the planning commission's decision. If, after the hearing, the city council grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the director shall, within 30 calendar days after the city council determination, file for recordation with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner. If, after hearing, the city council denies the appeal, a notice of merger shall be recorded with the county recorder within 30 calendar days after the denial.

(Code 1981, § 16.32.080; Ord. No. 320, § 7, 1997)

If the merger of contiguous parcels or units is initiated by the owner of record, the owner may, in writing, waive the right to a hearing before the planning commission and to all notices required by this chapter. Upon receipt of such waiver, the director shall simultaneously file for recordation with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

(Code 1981, § 16.32.090; Ord. No. 320, § 7, 1997)