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HomeMy WebLinkAbout1984-07-17; City Council; 9723; CMC 20.04.055 amend/057 add - Parcels merger consistent w/subdivision map actI 1 2 3 4 5 6 7 E s IC 11 12 n a 1: 2( 21 2: 2; 2L 2f 2( 2' 21 ORDINANCE NO . 972 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER 20.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.04.055 AND THE ADDITION OF SECTIONS 20.04.056 AND 20.04.057 PROVIDING FOR MERGER OF PARCELS IN A MANNER WHICH IS CONSISTENT WITH THE PROVISIONS OF THE SUBDIVISION MAP ACT. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 20,Chapter 20.04 of the Carlsbad Municipal Code is amended by the amendment of Section 20.04.055 to read as follows: 20.04.055 Merger. (a) This title shall not apply to the sale, lease or financing of one or more contiguous parcels 01 units of land which have been created under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, or which were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held b! the same owner: except that if anyone of the contiguous parcels or units held by the same owner does not conform to standards foi minimum parcel size to permit use or development under the zonin? ordinance of the city and the standards established by subsectioi (c) then such those parcels or units shall be merged. 1979, pursuant to this title or any predecessor, or which are buildable lots as defined by Section 21.46.210 of the zoning ordinance of the city and which merged pursuant to the Subdivision Map Act and have not been deemed merged pursuant to this section or any of its predecessors, are exempted from the merger provisions of this section and those parcels or units shall be deemed unmerged and separate parcels, except that any parcels which merged under the provisions of this title after January 1, 1979 shall remain merged if the provisions of subsection (f) are met. Further, any parcels or units which do not conform to the standards established by subsection (c) shall be merged. (c) Contiguous parcels or units of land held by the same owner, on the date that notice of intention to determine status is filed, shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development under Title 21 of this code and if all of the following requirements are satisfied: 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 (b) Any parcels or units created prior to January 1, (1) At least one of the affected parcels is 'I 1 2 3 4 5 6 7 e 9 1c 11 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. more of the following conditions exists: area at the time of the determination of merger. applicable laws and ordinances in effect at the time of its creation. (C) Does not meet current standards for sewage disposal and domestic water supply. (D) Does not meet slope stability standards. (E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (F) Its development would create health or safety hazards. (G) Is consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. of the conditions stated in Section 66451.11(b)(A)(B)(C)(D) or (E) of the Subdivision Map Act exist. property has merged pursuant to this section he shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intentior shall state: that the affected parcels may be merged pursuant to this section; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the city engineer to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the county recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing the city engineer shall set the hearing for a date not less than 30 days nor more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing the city engineer shall determine whether the affected property has merged pursuant to this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. If the parcels have merged the city engineer shall file a notice of merger with the county recorder within 30 days from the date of the hearing unless the decision has been appealed as provided in subsection (e). The notice of merger shall specify the name or names of tht record owner or owners and shall particularly describe the real property. If the parcels have not merged the city engineer shal: record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release tc the owner. 1.f no hearing is requested the decision shall be madl not later than 90 days after the mailing of the notice of the opportunity for a hearing. (2) With respect to any affected parcel, one or (A) Comprises less than 5,000 square feet in (B) Was not created in compliance with (3) Subsection (c)(2) shall not apply if any (d) Whenever the city engineer has knowledge that real 2. c t 1 2 3 4 5 6 7 t! 9 IC 11 12 0 15 2c 21 2: 2; 24 2t 26 2'; 2E (e) If the owner requested a hearing, the decision of the city engineer may be appealed to the City Council within 10 calendar days of the date of mailing the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee the City Clerk shall place the matter on the Council agenda not less than 30 nor more than 60 days from the date of the appeal. If after a hearing the Council grants the appeal the City Clerk shall record within 30 days with the court recorder a release of the notice of intention. If the appeal is denied the City Clerk shall within 30 days record a notice of merger with the county recorder. A copy of either the release or the notice of merger shall be sent to the owners. file with the county recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least 30 days before filing the notice of merger the city engineer shall mail written notice to the property owner of the intention to record the notice and specify a time, date, and place which the owner may present evidence to the city engineer why the notice should not be recorded. (2) If, after the hearing, the City Engineer determines that the parcels have merged, a notice of merger shall be filed. The decision of the City Engineer may be appealed according to the procedures established in subsection (e) (f)(l) Prior to January 1, 1986 the city engineer shall SECTION 2: That Title 20, Chapter 20.04 of the Carlsbac Municipal Code is amended by the addition of Section 20.04.056 tc read as follows: 20.04.056 Unmerger. Any parcel or unit of land which merged pursuant to the -- provisions of any law prior to January 1, 1984 but for which a notice of merge was not recorded on or before that date are deemed unmerged if on January 1, 1984 all of the criteria established by Section 66451,30(a) of the Subdivision Map Act are met and if none of the conditions of Seciton 66451,30(b) exist. Upon request of an owner the city engineer shall file a certificate of compliance whenever the engineer determines that a parcel is unmerged pursuant to this section. SECTION 3: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.057 to read as follows: 20.04.057 Request for determination of merger. (a) A property owner may request that the city engineer determine whether property has merged under section 20.04.055 or are deemed unmerged under section 20.04.056. A 3. 1 2 3 4 5 6 7 8 9 10 11 12 9 c B 18 19 20 21 22 23 24 25 26 27 28 request for determination shall be made in writing and shall be accompanied by a fee established by City Council resolution. city engineer shall issue to the owner and record with the county recorder a notice of merger. unmerged the city engineer shall issue to the owner and record with the county recorder a certificate of compliance showing each parcel as a separate parcel. (b) Upon determination that property has merged the (c) Upon determination that property is deemed EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 11th day of June f 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 17th day of ~uly 1984, by the following vote, to wit: AYES : NOES: None Council &?n-bers Casler, Lewis , Kulchin and Prescott ABSENT: Council Memkr Chick ATTEST: ALETHA L. RAUTE 7