HomeMy Public PortalAboutOrd. 1579ORDINANCE NO. 1579
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING
SECTION 24-4 IN ITS ENTIRETY AND ADDING A NEW SECTION -24-4 REGULATING
MERGER OF PARCELS
WHEREAS, the City of Lynwood may initiate mergers of parcels pursuant to
California Government Code Article 1.5 titled "Merger of Parcels," Sections 66451.10
through 66451.23; and
WHEREAS, on February 7, 2006, the City of Lynwood conducted a duly noticed
public hearing and thereafter adopted a Resolution of Intention to Adopt a Merger
Ordinance, Resolution Number 2006.014; pursuant to California Government Code
Section 6645.20; and
WHEREAS, the Notice of Adoption of the Resolution was published on January
26, 2006, again on April 4, 2006 and again on May 4, 2006; and
WHEREAS, pursuant to Government Code Section 66499.20, the City may
authorize the merger of contiguous parcels under common ownership without reverting
to acreage; and
WHEREAS, pursuant to pursuant to Government Code Section 66499.20, the
City must require the recordation of an instrument evidencing the merger.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 24 -4 of the Lynwood Municipal Code is hereby repealed in its
entirety, and a new Section 24 -4 is hereby added to the Lynwood Municipal Code to
read as follows:
24 -4.1 Purpose
The purpose of this section and the following sections relating to merger of parcels is to
provide a procedure by which two or more contiguous parcels or units of land held by
the same owner may be merged, either by City- Initiated merger, subsections 24 -4.2 to
24 -4.10 below, or by voluntary merge, subsections 24 -4.11 to 24 -4.14.
24 -4.2 City Initiated Merger
The City may initiate a merger of any two or more contiguous parcels or units of
land held by the same owner as long as all of the following requirements are satisfied:
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. With respect to any affected parcel, one or more of the following
conditions exists:
1. Comprises less than five thousand square feet (5000) 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 applicable general plan and any applicable
specific plan, other than minimum lot size or density standards.
C. The requirements set forth in subsection B of this section shall not be
applicable if any of the conditions set forth below (Section 66451.11(b)(A)
through (E) of the California Government Code) exist.
1. On or before July 1, 1981, one or more of the contiguous parcels or
units of land is 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.
2. 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.
3. On July 1, 1981, one or more of the contiguous parcels or units of
land is located within 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.
4. On July 1, 1981, one or more of the contiguous parcels or units of
land is located within 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.
5. Within the coastal zone, as defined in Section 30103 of the Public
Resources Code, one or more of the contiguous parcels or units of land has,
prior to July 1, 1981, been identified or designated as being of insufficient size to
support residential development and where the identification or designation has
either (i) been included in the land use plan portion of a local coastal program
prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20
of the Public Resources Code), or (ii) prior to the adoption of a land use plan,
been made by formal action of the California Coastal Commission pursuant to
the provisions of the California Coastal Act of 1976 in a coastal development
permit decision or in an approved land use plan work program or an approved
issue identification on which the preparation of a land use plan pursuant to the
provisions of the California Coastal Act is based.
24 -4.3 Determination of Ownership
For purposes of determining whether contiguous parcels or units are held by the
same owner, ownership shall be determined as of the date that notice of intention to
determine status is recorded.
24 -4.4 Notice of Intention to Determine Status
Before the City records the notice of merger, the Director of Development
Services, or his /her designee shall do all of the following:
a. Mail by certified mail to the then current record owner of the property a notice
of intention to determine status. Such notice shall state that:
1. The affected parcels may be merged pursuant to the standards
specified in the City- Initiated merger provisions of this section,
2. The owner may file a request with the Development Services
Department any time within thirty (30) days after the date the notice of intention
to determine status is recorded for a hearing before the Planning Commission
and may present evidence at the hearing that the property does not meet the
criteria for merger, and
3. That the notice of intention to determine status was filed for recording
with the county recorder's office on the same date such notice was mailed to the
property owner; and
b. File for record with the county recorder's office, on the same date that the
notice is mailed to the property owner, the notice of intention to determine status.
24 -4.5 Hearing Date, Presentation of Evidence, Planning Commission
a. Upon receipt of a request for a hearing on determination of status, the
Director of Development Services, or his /her designee, shall fix a time, date and place
for a hearing to be conducted by the Planning Commission, and shall so notify the
property owner by certified mail. The hearing shall be conducted not more than sixty
(60) days following the receipt of the property owner's request thereof, but may be
postponed or continued with the 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 as set forth in this section.
C. At the conclusion of the hearing, the Planning Commission shall make a
determination as to whether the affected parcels are to be merged and shall notify the
owner of its determination as soon thereafter as practicable, but no later than five (5)
working days after the determination has been reached. If such notification cannot be
made at the time of the hearing to the owner in person, the notification shall be made by
certified mail.
d. The Planning Commission may, at the close of the hearing, determine that
the parcels are not to be merged notwithstanding the fact that the affected parcels have
met all the requirements set forth in this section.
24 -4.6 Recording Notice of Merger
a. If the Planning Commission determines that the affected parcels are
merged, the Director of Development Services or his /her designee shall file for record
with the county recorder's office a notice of merger specifying the names of the record
owners and particularly describing the real property to be merged.
b. The notice of merger shall be filed no later than thirty (30) days after the
conclusion of the hearing on determination of status, unless a timely appeal from the
Planning Commission's determination is filed pursuant to subsection 24 -4.10 of this
section.
24 -4.7 Effective Date of Merger
A merger of parcels becomes effective on the date the notice of merger is duly
filed with the county recorder's office.
24 -4.8 Release of Notice of Intention to Determine Status
If the Planning Commission determines that the affected parcels are not to be
merged, the Director of Development Services or his /her designee shall:
a. File for record with the county recorder's office a release of the notice of
intention to determine status, recorded pursuant to this section, specifying the names of
the record owners and particularly describing the real property to be merged; and
b. Mail a clearance letter to the then current owner of record;
C. The release and clearance letter shall be filed and mailed, respectively,
within five (5) working days of the date of the Planning Commission's determination.
24 -4.9 Planning Commission Determination Without Hearing— Notice to
Owner
a. If the property owner fails to file a request for hearing within the thirty -day
period as provided in this section, the Director of Development Services or his /her
designee may, at any time thereafter, make a determination as to whether the affected
parcels are to be merged.
b. If the Director of Development Services or his /her designee makes a
determination of merger, she /he shall file a notice of merger no later than ninety (90)
days after the mailing of the notice of opportunity for hearing and shall notify the
property owner of such determination by certified mail.
C. If the Director of Development Services or his /her designee makes a
determination of non - merger, she /he shall follow the procedure set forth in subsection
24 -4.8 of this section.
24 -4.10 Appeals
a. The decision of the Planning Commission may be appealed to the City
Council or its designated hearing officer or hearing body in accordance with the
Lynwood Municipal Code. The City Council shall consider the appeal within thirty (30)
days. This appeal shall be a duly noticed public hearing. Notice by certified mail shall
further be given to the property owner. The City Council may sustain, modify, reject or
overrule any recommendations or rulings of the Planning Commission and may make
such findings as are consistent with the provisions of this section or the state
Subdivision Map Act. Notice of the City Council's, or its designated hearing officer's,
decision shall be served either personally or by United States mail, return receipt
requested, by the City Clerk to the property owner or other appellant within ten (10)
business days of the decision. The decision shall include notification of Section 1094.6
of the California Code of Civil Procedure. Should the certified mailed notice be returned
to the City for any reason, the City shall cause a copy of the same to be mailed to the
property owner shown on the last equalized assessment roll by regular first -class mail
with postage fully paid.
b. All decisions of the Planning Commission regarding the merger or non -
merger of parcels shall be final, unless appealed from as prescribed in this section, in
which case, the decision of the City Council or its designated hearing officer shall be
final and conclusive.
C. If the City Council affirms the decision of the Planning Commission or the
action of the commission becomes final, the Director of Development Services or
his /her designee, within thirty (30) days of the decision of the City Council, file for record
a notice of merger with the county recorder's office, and mail a copy of such notice to
the property owner.
d. If the City Council reverses the decision of the Planning Commission, the
Director of Development Services or his /her designee, within thirty (30) days of the
decision of the City Council, file for record a release of the notice of intention to
determine status with the county recorder's office, and mail a copy of such release to
the property owner.
24 -4.11 Voluntary /Owner- Initiated Merger Of Parcels; Authority.
Pursuant to Government Code Section 66499.20 3/ the merger of two (2) or
more contiguous parcels of land under common ownership may be merged without
reverting to acreage upon application by the owner of record. An appropriate
instrument, the Certificate of Compliance, shall be recorded evidencing the merger.
a
An owner of land may initiate the merger of two (2) or more contiguous
parcels as long as:
1. The lots to be merged are under common ownership at the time of
merger; and
2. The lots as merged will be consistent with or will be more closely
compatible with the applicable zone district regulations and other
regulations relating to the subject property; and
3. Owner applies for a Certificate of Compliance for Merger of
Parcels, and
4. The application is approved.
24 -4.12 Application for Certificate of Compliance for Merger of Parcels
a. An owner of real property may file an application of a certificate of
compliance. The applicant shall comply with all requirements set forth below:
1. The owner or owner's representative shall submit an application
and filing fee to the Director of Development Services.
2. The application shall consist of the following:
a. A completed application;
b. Payment of any appropriate fee or fees;
c. A Certificate of Compliance, which shall be completed, signed
and acknowledged before a notary public,
d. Complete and updated title report;
e. Documentation showing that the existing parcels are legal
parcels, which can be show by:
i. Providing copies of the latest assessor's map of the
parcels in question and surrounding area on all sides;
ii. Providing copies of underlying record maps;
iii. Providing copies of documents creating the existing
configuration and the deeds of acquisition by current
owners. Deeds to adjacent properties may be required to
show seniority;
iv. Any and all other documents which may be necessary to
prove the legality of the existing parcels or to complete
the interpretation of legal descriptions in other
documents.
f. Documentation showing traverse closures of existing
parcels.
g. Documentation showing traverse closures of proposed
parcels.
h. Documentation acknowledged before a notary public
evidencing the approval of merger from all owners, trust
deed holders, and lien holders.
24 -4.13 Process of an Application for a Certificate of Compliance for Merger
of Parcels.
a. The owner or owner's representative shall submit an application and filing
fee to the Director of Development Services. The Director of Development Services
shall review the application and when deemed complete, shall forward the application to
the City Engineer.
b. The City Engineer or his designee, shall review, approve, conditionally
approve or deny the Certificate of Compliance within thirty (30) days subsequent to
submission thereof.
C. If the merger is approved, the Certificate of Compliance, which has been
prepared by the applicant and submitted as a part of this application, will be reviewed
and approved by the City Engineer and forwarded to the applicant for recordation.
Upon recordation, a copy is to be provided to the City.
24 -4.14 Appeals
a. The decision of the City Engineer or his designee, and the findings in
support of that decision, shall be in writing and served upon applicant either personally
or by certified United States mail, return receipt requested, within ten (10) business
days after the decision is rendered. Should the certified mailed notice be returned to
the City for any reason, the City shall cause a copy of the same to be mailed to the
property owner shown on the last equalized assessment roll by regular first -class mail
with postage fully paid. The decision shall include notification of the applicant's right to
file a written request to appeal the decision to the Planning Commission within ten (10)
days after service of the decision. Such appeal must be filed on the appropriate form
and shall be accompanied by a fee adopted by City Council Resolution.
b. An appeal hearing shall be scheduled within thirty (30) days after the date
of the filing of the appeal.
C. All decisions of the City Engineer regarding the merger parcels shall be
final, unless appealed to the Planning Commission, in which case, the decision of the
Planning Commission shall be final and conclusive.
d. On appeal, the Planning Commission will review the City Engineer's
decision and hear any new evidence and testimony, if any. In deciding the appeal, the
Planning Commission may affirm, reverse, or modify the City Engineer's decision. If the
Planning Commission affirms the decision of the City Engineer, that decision becomes
final.
24 -4.15 Nothing in the provisions relating to the merger of parcels is meant to
abrogate or limit the authority of the city or a subdivider with respect to the following
procedures within the Subdivision Map Act:
a. Lot line adjustments;
b. Amendment or correction of a final or parcel map;
C. Reversions to acreage;
d. Exclusions; or
e. Tentative, parcel or final maps.
24 -4.16 Further Rules and Regulations: The City Council reserves the right to
adopt by resolution additional rules and regulations which shall become effective
immediately upon adoption, governing the implementation of the specific procedures of
this section.
SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3: This ordinance shall take effect thirty (30) days after its final passage.
SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published as required by
law.
First read at a regular meeting of the City Council held on the 16th day of
May, 2006 and adopted and ordered published at a regular meeting of said Council held
on the 6th day of June, 2006.
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
Tty TRNOLDO BELTRAN, City Attorney
of Lynwood
ETICIA ASQUEZ„ yor
City of Lynwood �
4NQUE M �CityManager
City of Lynwood
GRANT TAYLO , Director
Development Services Department
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 6 t h day of JUNE 2006.
AYES: COUNCILMEMBERS BYRD, JOHNSON, PEOROZA, SANTILLAN, AND VASQUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
gj�j� /' A'- ,
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1 579 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 6th day of JUNE 2006.
Andrea L. Hooper, City Clerk