Signal Hill Municipal Code Ch. 18.28 Merger of Parcels

Sections:

* Prior ordinance history: Ord. 82-3-889.

Under authority of Article 1.5 of Chapter 3 of the Government Code, the planning commission may determine pursuant to the provisions of this chapter that contiguous parcels of land under common ownership shall be merged. If the planning commission makes a determination that contiguous parcels shall be merged under this chapter, such parcels shall thenceforth be treated as a single lot under the provisions of this code. Nothing herein shall prevent a voluntary merger of lots initiated by the owner of the competent parcels. This chapter shall apply only to those mergers of privately-owned property when initiated by the city.

(Ord. 88-09-1011 § 1 (part))

As used in this chapter, the following terms shall have the following meaning:

A. "Accessory structure" means a structure which serves some limited, supplemental use to the primary use for the property. Examples of accessory structures include garages or storage sheds for residences, gates, fences, and the like.

B. "Common ownership" means at least one-half ownership interest (including interests as joint tenants or tenants-in-common) in all contiguous parcels by the same individual, partnership, corporation, firm, association, or other person or business entity. Common ownership shall be determined as of the time of the director's preliminary determination, as provided for in Section 18.28.050.

C. "Component-parcel" means one of the two or more parcels which constitute contiguous parcels.

D. "Contiguous parcels" mean two or more adjoining parcels or units of land, sharing some common boundary line or point. Parcels shall not be deemed contiguous parcels if their common boundary line or point lies within a public road, street, or alley, or railroad rights-of-way, or other feature deemed to be similar by the director.

E. "Director" means the director of planning and community development.

F. "Mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 88-09-1011 § 1 (part))

Contiguous parcels shall be eligible for merger if they meet all of the following conditions:

A. One of the component parcels does not conform to standards for minimum parcel size, under the applicable zoning ordinance;

B. One of the following conditions exist on at least one of the component parcels:

1. The component parcel is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required by law at the time of construction, or

2. The component parcel is developed only with an accessory structure or accessory structures, or

3. The component parcel is developed with a single structure which is not an accessory structure, and which is partially sited on another component parcel;

C. One or more of the following conditions exists as to any component parcel:

1. The component parcel comprises less than five thousand square feet at time of the determination of merger, or

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

3. The component parcel does not meet as determined by the public works director, standards for sewage disposal and domestic water supply applicable at the time of the director's preliminary determination, or

4. The component parcel does not meet as determined by the city engineer, slope stability standards applicable at the time of the director's preliminary determination, or

5. The component parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability, or

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

7. The component parcel is inconsistent with the applicable general plan or any applicable specific plan, for reasons other than minimum lot size or density standards.

(Ord. 88-09-1011 § 1 (part))

Notwithstanding the preceding Section 18.28.030, contiguous parcels shall be eligible for merger upon the existence of the conditions in subsections A and B of this section only, as those conditions are set forth in Section 18.28.030, if any one of the following conditions also exist with respect to any of the component parcels:

A. On or before July 1, 1981, the component parcel was enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

B. On July 1, 1981, the component parcel was timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subsection (b) of Section 51201.

C. On July 1, 1981, the component parcel was located within two thousand feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

D. On July 1, 1981, the component parcel was located within two thousand feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued.

(Ord. 88-09-1011 § 1 (part))

A. Wherever an applicant submits an application for a site plan, tentative tract map, parcel map, building permit, or other entitlement for development, the director shall conduct an investigation to determine whether the parcel or parcels involved are eligible for a lot merger. The director may require any such information s/he deems necessary to make this determination, to be provided as part of the application.

B. No application for a tentative tract map, site plan, parcel map, building permit, or other entitlement to develop shall be certified as complete until a final determination is made concerning lot merger.

C. If the director determines from the investigation that the parcel or parcels involved are not eligible for merger, s/he shall so inform the applicant, and this determination shall be final as to that development application.

D. If the director determines from the investigation that the parcel or parcels involved are eligible for merger, s/he shall prepare and process a notice of intention to determine status as provided in Section 18.28.060.

(Ord. 88-09-1011 § 1 (part))

A. Upon a preliminary determination that the parcel or parcels involved are eligible for merger, the director shall prepare a notice of intention to determine status for the parcel or parcels. Said notice shall contain all of the following:

1. A general description of the location of the parcel or parcels;

2. A statement that the director has made a preliminary determination that the parcels are eligible for merger;

3. An explanation that owner of the parcel or parcels may within thirty days file a written request with the director for a hearing, at which the owner, or the owner's representative may present evidence as to why the parcels should not be merged; and

4. A warning that if the owner fails to file a written request for a hearing with the director within thirty days, the lots may be merged without further notice or opportunity to be heard.

B. A copy of the notice of intention to determine status shall be mailed to the owner of the parcel or parcels, at his or her last known address, by first class certified mail, return receipt requested.

C. A copy of the notice of intention shall also be filed for record with the county recorder.

(Ord. 88-09-1011 § 1 (part))

A. Upon receiving a written request for a hearing from the owner of the parcel or parcels, the director shall fix a date, time, and place for a hearing on the matter to be conducted by the planning commission. The hearing shall be conducted not more than sixty days following the director's receipt of the owner's request for hearing, but may be postponed or continued with the mutual consent of the director and the owner. Written notice of the hearing shall be given to the owner at least ten days prior to the hearing in the same manner as provided for the notice of intention. At the hearing, the owner or his or her representative shall be given the opportunity to present any evidence that the parcels involved do not meet the standards for merger, or reasons why the parcels should otherwise not be merged.

B. The owner may, after receipt of the notice of intention to determine status, waive the right to any hearing and consent to the merger of parcels. If the owner so consents, the director shall make a final determination of merger, and shall cause a notice of merger to be filed for record with the county recorder and no further proceedings shall be conducted pursuant to this chapter.

C. If the owner of the parcel or parcels fails to request a hearing in writing within thirty days of his or her receipt of the notice to determine status, the planning commission may, at any time thereafter, make a determination with regard to the merger of the parcels without a hearing.

(Ord. 88-09-1011 § 1 (part))

A. If the planning commission conducts a hearing pursuant to Section 18.28.070(A), at the conclusion of the hearing it shall make a determination that the parcels involved are or are not to be merged. A determination of nonmerger may be made even if the parcels meet the criteria for merger.

B. The owner may appeal a determination of merger by the planning commission to the city council, by filing a written request for such an appeal with the director within ten days of the determination by the planning commission. If no request for an appeal is so filed, the determination of the planning commission shall be final.

C. If a request for an appeal is filed, the city council shall conduct a hearing on the matter after giving written notice to the owner of the hearing. The notice and conduct of the hearing shall be in the same manner as provided for the planning commission. The council shall grant or deny the appeal. The determination of the city council on the appeal shall be final.

(Ord. 88-09-1011 § 1 (part))

Upon any final determination of merger under this chapter, the director shall within thirty days file a notice of merger for the record with the county recorder, specifying the name or names of the owners and particularly describing the parcels.

(Ord. 88-09-1011 § 1 (part))

Upon any final determination of nonmerger under this chapter, the director shall within thirty days file a release of notice of (notice of intention to determine status) for the record with the county recorder, which release shall indicate the determination of nonmerger.

(Ord. 88-09-1011 § 1 (part))