HomeMy WebLinkAboutOrd. No. 2016-1355 Voluntary Merger of Contiguous ParcelsORDINANCE NO. 2016 -1355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 16
OF THE LAKE ELSINORE MUNICIPAL CODE TO ADD
CHAPTER 16.22 REGARDING VOLUNTARY MERGER OF
CONTIGUOUS PARCELS
WHEREAS, Lake Elsinore Municipal Code (LEMC) 16.20.080 (Merging of
contiguous lots or parcels) provides for the merger of 4 or fewer parcels; and
WHEREAS, Section 66499.20.3 of the Subdivision Map Act (Gov. Code § 66410
et seq.) provides that a local agency may, by ordinance, authorize the merger of
contiguous parcels under common ownership and imposes no numerical limit on the
number of parcels that may be merged; and
WHEREAS, the City desires to add LEMC Chapter 16.22 in order to streamline
the process of merging several contiguous parcels in which at least one parcel fails to
meet the current minimum lot size or is otherwise not suitable for development based on
factors as listed in the proposed ordinance; and
WHEREAS, the City Council finds the proposed ordinance is consistent with and
not in conflict with the Subdivision Map Act.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16.22 is hereby added to the LEMC to read as follows:
Chapter 16.22
VOLUNTARY MERGER OF CONTIGUOUS PARCELS
Sections:
16.22.010
Authority to merge parcels.
16.22.020
Property requirements.
16.22.030
Submittal requirements.
16.22.040
Notice of public hearing.
16.22.050
Hearing— Determination of merger.
16.22.060
Administrative determination.
16.22.070
Recordation of notice of merger.
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16.22.10 Authority to merge parcels.
A. The Director of Community Development is authorized to accept
applications for voluntary merger of parcels.
B. The Director of Community Development and the City Engineer may
authorize the merger of contiguous parcels or units of land so long as the parcels or
units of land meet the requirements set forth in this chapter and the merger is requested
by the property owner as required herein.
16.22.20 Property requirements.
Two or more contiguous parcels or units of land with a contiguous parcel may be
merged pursuant to this chapter so long as title to all parcels is held by the same owner
and either: (1) one of the contiguous lots does not conform to standards for minimum lot
size or dimension specified by the LEMC Title 17 applicable to the parcels or units of
land, or (2) at least one of the lots or units meets one or more of the following
requirements:
A. The parcel comprises less than 5,000 square feet in area at the time of the
determination of merger;
B. The parcel was not created in compliance with applicable laws and
ordinances in effect at the time of its creation;
C. The parcel does not meet current standards for sewage disposal and
domestic water supply;
D. The parcel does not meet slope stability standards;
E. The parcel has no legal access which is adequate for vehicular and safety
equipment access and maneuverability;
F. The parcel development would create health or safety hazards;
G. The parcel is inconsistent with the applicable General Plan and any
applicable specific plan, other than minimum lot size or density standards;
16.22.30 Submittal requirements.
Applications for voluntary parcel merger shall be submitted to the Director of
Community Development and must include all of the following items in the original
application package:
A. One copy of parcel merger application fully completed and signed;
B. Three sets of the parcel merger (plat) signed by a land surveyor or
registered civil engineer;
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C. Title reports for each parcel, current within the last six months;
D. Closure /area calculations if necessary to substantiate record changes;
E. Any other information deemed reasonable and necessary by the Director
of Community Development or City Engineer.
16.22.40 Notice of public hearing.
A. A public hearing may be required for the consideration of an application
for voluntary merger where the Director of Community Development determines that
approval of such voluntary merger of parcels may constitute a substantial or significant
deprivation of the property rights of other landowners. At the public hearing, the
Planning Commission shall allow all interested persons an opportunity to address the
Planning Commission on any matter pertaining to a proposed merger of parcels. The
public hearing, including the notice thereof, for the voluntary parcel merger may be
combined with a public hearing for other development project applications.
B. Upon receiving a complete application for voluntary merger of parcels
pursuant to Section 16.22.030, the Director of Community Development shall determine
whether the voluntary merger of parcels may constitute a substantial or significant
deprivation of the property rights of other landowners. Where the Director of Community
Development determines that the voluntary merger of parcels may constitute a
substantial or significant deprivation of the property rights of other landowners, the City
shall fix a time, date, and place for a hearing to be conducted by the Planning
Commission, and shall notify the property owner(s) of the time, date, and place for the
public hearing by First Class United States mail. The public hearing shall take place at a
regularly scheduled meeting of the Planning Commission or duly noticed special
meeting when the matter has been duly placed on the Planning Commission's agenda.
The public hearing shall be conducted not more than 60 days following the receipt of a
complete application for voluntary merger of parcels, but may be postponed or
continued with the mutual consent of the City and the property owner.
C. In addition, to the noticing requirements set forth in subsection B of
this section, notice of the time, place and purpose of public hearings held by the
Planning Commission shall be given in the manner provided by LEMC 17.192.020,
or by any other method reasonably calculated to provide actual notice of the hearing.
16.22.50 Hearing— Determination of merger.
A. At the public hearing, the applicant/property owner shall be given the
opportunity to present any evidence that the affected property meets the standards for
merger specified in this chapter.
B. In addition, surrounding property owners and members of the public shall
have the right to testify in support or opposition to the proposed merger and to present
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evidence supporting their position. The applicant and /or property owner shall be given
the opportunity to rebut or refute any testimony or evidence presented.
C. At the conclusion of the public 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 a pp licant/p rope rty owner in writing of its determination. A
determination of nonmerger may be made whether or not the affected property meets
the standards for merger specified in Section 16.22.020 of this chapter.
16.22.060 Administrative determination.
Where the Director of Community Development determines that the approval of
the voluntary merger of parcels will not constitute a substantial or significant deprivation
of the property rights of other landowners, the Director of Community Development and
the City Engineer, acting as the advisory agency, shall decide to approve or deny the
application for a voluntary merger of parcels. The decision shall be in writing and sent
by mail to the applicant within 50 days from the date the application was deemed
complete.
16.22.070 Recordation of notice of merger.
A determination of merger shall be recorded within 30 days after conclusion of
the hearing or the administrative determination. A merger of parcels becomes effective
when the City causes to be filed for record with the County Recorder of Riverside
County a notice of merger specifying the names of the record owners and particularly
describing the real property.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to
any person or circumstance shall be held invalid, such invalidity shall not affect the
other provisions of this Ordinance and are hereby declared to be severable.
SECTION 3. This Ordinance shall take effect 30 days after the date of its final
passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
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INTRODUCED at a regular meeting of the City Council of the City of Lake
Elsinore, California, on the 22nd day of March, 2016, and ADOPTED at a regular
meeting of the City Council of the City of Lake Elsinore, California, on the 12th day of
April, 2016.
sdal , ayor
ATTEST:
Susan M. Domen, MMC City Clerk
APPROVED AST O M`
Barbara Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2016 -1355 was introduced at the regular City Council meeting
on the 22nd day of March, 2016, and adopted at the regular City Council meeting on the
12th day of April, 2016, by the following roll call vote:
AYES: Council Members Manos, Johnson, and Hickman, Mayor Pro Tem Magee
and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC, City Clerk