HomeMy Public PortalAboutOrdinance 677ORDINANCE NO. 677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 16.61
TO THE BEAUMONT MUNICIPAL CODE, DEALING
WITH THE MERGER OF CONTIGUOUS PARCELS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 16.61 is hereby added to read as
follows:
Sections:
16.61.010
16.61.020
16.61.030
16.61.040
16.61.050
16.61.060
16.61.070
16.61.080
16.61.090
16.61.100
16.61.150
16.61.200
16.61.210
16.61.220
16.61.230
Chapter 16.61
MERGER OF CONTIGUOUS PARCELS
Authority for Merger of
Owner Initiated Mergers
Parcels.
City Initiated Mergers
Parcels.
Notice of Intention to
Request for Hearing on
Hearing: Time, Place,
Owner and Procedure.
Failure to Request Hearing; Determination and
Time of Recordation.
Determination of Non -Merger.
Release of Notice of Intention to Determine
Status.
Appeals.
Nonapplicabil ity.
Time of Determination of Ownership.
Notice of Merger.
Forms and Fees.
Conflict with Government Code.
Contiguous Parcels.
of Contiguous Lots or
of Contiguous Lots or
Determine Status.
Determination of Status.
Date; Notification of
16.61.010 Authority for Merger of Contiguous Parcels.
Notwithstanding Section 16.08.190, except as is otherwise
provided for in this Chapter, two (2) 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 a City ordinance enacted pursuant thereto, or which
were not subject to those provisions at the time of their
creation, shall not be deemed merged by virtue of the fact that
the contiguous parcels or units are held by the same owner, and
no further proceeding under the provisions of this Chapter shall
be required for the purpose of sale, lease, or financing of the
contiguous parcels or units, or any of them.
16.61.020 Owner Initiated Mergers of Contiguous Lots or
Parcels. The owner of any two (2) or more contiguous lots may
request a merger of said lots by filing with the Community
Development Director an Application for Owner Initiated Merger
and Waiver of Parcel Map, on a form provided by the Community
Development Department in conformance with Section 16.64.010 of
the Beaumont Municipal Code. The Application shall be processed
and the request approved, disapproved and/or appealed in
accordance with the provisions of Chapter 16.64 (Lot Line
Adjustments) of the Beaumont Municipal Code.
16.61.030 City Initiated Mergers of Contiguous Lots or
Parcels. Pursuant to authority granted by Government Code
Sections 66451.10 et seq., the Community Development Director
shall, by taking the steps outlined in Section 16.61.040,
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initiate the process to merge into a single parcel any two (2) or
more contiguous parcels or units of land including those which
have been created pursuant to this Ordinance, the Subdivision Map
Act or prior law, Municipal, County or State, which are held by
the same owner, prior to any land use approval pursuant to
Beaumont Municipal Code Chapters 17.70, 17.80 and/or 17.90 or the
issuance of any building permits if no land use approval is
required, when the following requirements are satisified:
A. Any one or more of the following conditions apply:
1. Any one of the contiguous parcels or units held by
the same owner does not conform to standards set forth in
Title 17 for minimum parcel size;
2. One or more of the parcels or units is developed or
will be developed with a single structure that is also partially
sited on a contiguous parcel or unit;
3. Merger is required by the City as a condition of any
land use approval or for the issuance of any permit;
B. 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.
C. With respect to any affected parcel, one or more of the
following conditions exists:
1. Comprises less than five thousand (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 General Plan and any
applicable specific plan, other than minimum lot size or density
standards.
D. The contiguous lots were not created by the recording of
a Final Map or Parcel Map approved by the City of Beaumont.
16.61.040 Notice of Intention to Determine Status. Prior
to recording a notice of merger, the Community Development
Director 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 Riverside County Recorder on the date that notice
is mailed to the property owner.
16.61.050 Request for Hearing on Determination of Status.
At any time within thirty (30) days after recording of the notice
of intention to determine status, the owner of the affected
property may file with the Community Development Director a
request for a hearing on determination of status.
16.61.060 Hearing: Time, Place, Date: Notification of
Owner and Procedure.
A. Upon receiving a request for a hearing on determination
of status from the owner of the affected property pursuant to
Section 16.61.050, the Community Deveopment Director shall fix a
time, date, and place for a hearing to be conducted by the
Planning Commission, and shall notify the property owner of that
time, date, and place for the hearing by certified mail.
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B. The hearing shall be conducted not more than sixty (60)
days following the Community Development Director's receipt of
the property owner's request for the hearing, but may be
postponed or continued with the mutual consent of the Community
Development Director and the property owner.
C. 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 Section
16.61.030.
D. 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 within ten (10) days of the hearing.
E. A determination of merger shall be recorded as provided
for in Section 16.61.030 within thirty (30) days after conclusion
of the hearing or within thirty (30) days after conclusion of the
hearing before the City Council if the Planning Commission
decision is appealed pursuant to Section 16.61.100.
16.61.070 Failure to Request Hearing; Determination and
Time of Recordation.
A. If, within the thirty (30) -day period specified in
Section 16.61.050, the owner does not file a request for a
hearing in accordance with Section 16.61.060, the Planning
Commission may, at any time thereafter, make a determination that
the affected parcels are to be merged or are not to be merged.
B. The determination shall appear as an item on the
regularly noticed agenda of the Planning Commission without
public hearing.
C. A determination of merger shall be recorded as provided
for in Section 16.61.030 no later than ninety (90) days following
the mailing of notice required by Section 16.61.040.
16.61.080 Determination of Non -Merger Discretionary. A
determination of non -merger may be made pursuant to Section
16.61.060 or 16.61.070 whether or not the affected property meets
the standards for merger specified in Section 16.61.030.
16.61.090 Release of Notice of Intention to Determine
Status. If, in accordance with Section 16.61.060 or 16.61.070,
the Planning Commission determines that the subject property
shall not be merged, it shall cause to be recorded in the manner
specified in Section 16.61.210 a release of the notice of
intention to determine status, recorded pursuant to Section
16.61.040, and shall mail a clearance letter to the then current
owner of record.
16.61.100 Appeals. A determination made by the Planning
Commission may be appealed to the City Council following
procedures outlined in Section 17.70.005(e). A determination on
appeal by the City Council shall be final.
16.61.150 Nonapplicability. The provisions of this Chapter
relating to City initiated mergers shall not apply if one of the
following conditions exist:
A. On or before July 1, 1981, one
parcels or units of land is enforceably
land pursuant to a contract, agreement,
open -space easement, as defined and set
the Revenue and Taxation Code.
B. On July 1, 1981, one or more of the contiguous parcels
or units of land is timberland as defined in subdivision (f) of
Section 51104, or is land devoted to an agricultural use as
defined in subdivision (b) of Section 51201.
C. On July 1, 1981, one or more of the contiguous parcels
or units of land is located within two thousand (2,000) 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.
or more of the contiguous
restricted open -space
scenic restriction, or
forth in Section 421 of
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D. On July 1, 1981, one or more of the contiguous parcels
or units of land is located within two thousand (2,000) 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 by the local agency.
For purposes of paragraphs C and D of this subdivision,
"mineral resource extraction" means gas, oil, hydrocarbon,
gravel, or sand extraction, geothermal wells, or other similar
commercial mining activity.
16.61.200 Time of Determination of Ownership. For purposes
of determining whether contiguous parcels are held by the same
owner under this Chapter, ownership shall be determined as of the
date that the notice of intention to determine status is
recorded.
16.61.210 Notice of Merger. A merger of parcels becomes
effective when the Community Development Director causes to be
filed for Record with the Riverside County Recorder a notice of
merger specifying the names of the record owners and particularly
describing the real property.
16.61.220 Forms and Fees. The Community Development
Director is authorized and directed to prepare application and
notice forms to implement the procedures of this Chapter and to
determine a fee to be paid by the property owner for services
rendered by the City in completing the procedures of this Chapter
for each merger initiated, prior to initiation of the procedure.
The fee may be waived if the City initiates the procedure and
there has been no land use approval or building permit requested
by the property owner.
16.61.230 Conflict with Government Code. This Ordinance is
enacted pursuant to Title 7, Division 2, Chapter 3, Article 1.5
(Section 66451.10 et seq.), Section 66499.20-3/4 and Section
66412(d) of the Government Code. Any conflict between this
Chapter and said provisions, as amended, shall be resolved by
conforming the procedures herein to those required by said
provisions.
SECTION 2: This Ordinance shall take effect as provided by
l aw .
PASSED AND ADOPTED on this 74th day of
upon the following roll call vote.
July
, 1989,
AYES: Council Member Bauer, Shaw, Waller and Mayor Connors.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member McLaughlin.
MAYOR OF THE CITY OF BEAUMONT
ATTEST:
L�
CITY CL RK
APPROVED AS TO FORM:
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of
Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on July 10 , 1989, and was duly adopted upon second
reading on July 24 , 1989, upon the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Member Bauer, Shaw, Waller and Mayor Connors.
None.
None.
Council Member McLaughlin.
CITY CLER ', CITY OF BEAUMONT