San Clemente Municipal Code § 1644.070 Planning Commission action

Two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land, or these regulations enacted pursuant thereto, shall not merge by virtue of the fact that such contiguous parcels for units are held by the same owner; and no further proceeding under the provisions of the Subdivision Map Act or these regulations shall be required for the purpose of sale, lease or financing of such contiguous parcels or units or any of them, except as specified in this chapter.

(Ord. 1443 § 1 (part), 2007)

A lot merger may be initiated by the owner of the lots to be merged or by the City in the manner provided for herein.

(Ord. 1443 § 1 (part), 2007)

The property owner or his or her authorized agent proposing to merge two or more contiguous parcels under common ownership shall file an application for merger with the City Engineer. The application shall show, contain, or be accompanied in writing by the following matters:

A. The current assessor's parcel map numbers for all parcels involved in the proposed merger;

B. If the parcels being merged are parcels on a recorded parcel map, or a record of survey map or a lot on a recorded tract map, reference shall be made to such recorded map;

C. The name, address, and telephone number of the person filing the map;

D. The location of the property in relation to existing streets;

E. The layout and square footage of the parcels proposed for merger and the dimensions of each existing parcel, with a number within each such parcel; and

F. The proposed use of the merged parcel.

Upon filing the application, the applicant shall pay. a fee as established by resolution of the City Council.

(Ord. 1443 § 1 (part), 2007)

Upon receipt of a complete application and payment of all required fees, the City Engineer shall have the authority on behalf of the City to take final action on any owner-initiated application for a lot merger. The City Engineer shall approve the application unless he or she determines that the merger is inconsistent with this title or the applicable provisions of the City's General Plan or Zoning Code. Upon approval, the City Engineer shall cause to be recorded against the merged lots a certificate of lot merger. The merger shall not become effective until said certificate has been recorded.

(Ord. 1443 § 1 (part), 2007)

The City Council may initiate a lot merger of two or more contiguous lots or units held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size under the City's Zoning Code applicable to the parcels or units of land and if all of the following requirements are met:

A. 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 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.

B. One or more of the following conditions exists with respect to any affected parcel:

1. The affected parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

2. The affected parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3. The affected parcel does not meet current standards for sewage disposal and domestic water supply.

4. The affected parcel does not meet slope stability standards for the issuance of a building permit for new construction as generally applied in the City.

5. The affected parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability as normally interpreted by the City for new development on similarly situated properties.

6. Development of the affected parcel would create health or safety hazards.

7. The affected parcel does not meet the standards set forth in the applicable provisions of the City's General Plan and any applicable specific plan, other than minimum lot size or density standards.

(Ord. 1443 § 1 (part), 2007)

The owner(s) of the property to be affected by a merger initiated by the City shall be notified in writing. Such notice shall be delivered either personally or by certified mail to the then current address of the record owner, as reflected on the latest equalized assessment roll, and such notice shall specify the date, time, and place when the Planning Commission will hold a public hearing on the matter, which hearing shall be not less than thirty (30) days after the notice is either delivered or mailed. The notice shall specify the reasons why the City is considering whether the affected lots or units should be merged and shall advise the owner of his or her right to present evidence at the hearing that the property does not meet the criteria for merger. Concurrently with delivery of the aforesaid notice to the affected property owner the City Planner shall cause to be recorded a notice of intention to determine the status of the affected lots or units that satisfies the requirements of California Government Code Section 66451.13.

(Ord. 1443 § 1 (part), 2007)

At the conclusion of the hearing specified in Section 16.44.060, the Planning Commission shall require a lot merger if the Planning Commission finds that the conditions set forth in Section 16.44.050 exist, including one or more of the conditions set forth in clauses 1-7 of Section 16.44.050(B). If the Planning Commission finds that the conditions set forth in Section 16.44.050 do not exist, the City Planner shall cause a release of the notice of intention to determine status to be recorded against the affected parcels and shall mail a clearance letter to the then current owners of record.

(Ord. 1443 § 1 (part), 2007)

Any person may appeal a decision of the City Engineer made pursuant to this chapter to the Planning Commission. The appeal procedure shall be the procedure set forth in Section 17.12.140 for appealing decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Planning Commission made pursuant to this Chapter to the City Council. The appeal procedure shall be the procedure set forth in Section 17.12.140 for appealing decisions of the Zoning Administrator or Planning Commission.

(Ord. 1443 § 1 (part), 2007)

Within thirty (30) days after making a determination that there has been a lot merger, the City Engineer or his or her designee shall file a notice of lot merger for record with the county recorder, specifying the names of the record owners and particularly describing the real property involved. A copy of said notice shall be sent to the director of public works for recordation on the official maps of the city.

(Ord. 1443 § 1 (part), 2007)