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HomeMy WebLinkAbout94-08 CC OrdinanceORDINANCE NO. 94-08 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF TEMECULA AMENDING SF. CTION 16.7 OF ORDINANCE NO. 460 PERTAINING TO THE MERGER OF CONTIGUOUS PARCELS The City Council of the City of Temeeula does hereby ordain as follows: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. That the City Council is authorized under Section 66451.11 of the Subdivision Map Act ("Map Act"), to adopt a local ordinance regulating the merger of contiguous parcels under common ownership; B. That there are a number of parcels in the City of Temecula which are under common ownership and that do not meet the minimum standards for the zoning district in which they are located; C. That there is a need in the City to provide an appropriate and effective method to merge contiguous parcels to enable the appropriate development of these contiguous parcels; D. That this Ordinance provides for the merger of contiguous parcels and will address this problem; and, E. That this Ordinance complies with all the applicable requirements of State law and local ordinances. Section 2. Section 16.7 of Article XVI of Ordinance No. 460 is hereby amended in full to read as follows: "SECTION 16.7 MERGER OF CONTIGUOUS PARCELS. A. PURPOSE. The purpose of this section is to provide procedures by which the City may require or provide for the merger of two or more contiguous parcels under common ownership. This Ordinance has been adopted in compliance with the provisions of Sections 66451.11 of the Subdivision Map Act and complies with the provisions of Sections 66451.10 through 66451.21 inclusive, of the Subdivision Map Act, which provides the City with authority for the merger of contiguous parcels. B. WHEN PARCELS MAY BE MERGED. The Director of Planning or the owner of any contiguous parcel may initiate the merger of any parcel which meets the requirements of Subsection C. The Director of Planning, Planning Commission or City Council may require the Ords 94-08 I owner of any contiguous parcel to request the merger of any or all contiguous parcels within the boundaries of the Old Town Specific Plan in conjunction with the approval of any plot plan or conditional use permit. C. MERGER REQUIREMENTS. The merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements are satisfied: 1. If any contiguous parcels are held by the same owner or owners. 2. That at least one of the affected parcels is undeveloped and does not contain a 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 other structure which is sited or partially sited on a contiguous parcel. 3. That one or more of the following conditions applies to the affected parcel: a. At least one of the parcel(s) involved comprises less than 5,000 square feet in area at the time of the determination of merger. b. The parcel was legally created in compliance with all applicable laws and ordinances in effect at the time of its establishment. c. The parcel does not meet slope stability standards. water supply. The parcel does not meet current standards for sewage disposal and domestic e. The parcel has inadequate access or provides for inadequate maneuverability for motor vehicles or safety equipment. f. The development of the parcel would create health and safety hazards. g. The parcel is inconsistent with the City's General Plan, any approved Specific Plan, or the provisions of the City's zoning and development code. 4. That the parcels when merged will not: a. Be inconsistent or create a conflict with the City Zoning Ordinance or General Plan, or any approved Specific Plan. b. Create a conflict with the location of any existing structures. Ord~ 94-O8 2 c. Deprive or restrict another parcel of access. d. Create new lot lines. D. CITY INITIATED MERGER. 1. Prior to merging any contiguous parcels, the Director of Planning shall, by Certified Mail to the property owner(s) of record at the address shown on the latest available assessment role of the County of Riverside, mail a Notice of Intent to Merge which notifies the owner(s) that the affected parcels may be merged pursuant to the provisions of this Section. The notice shall include the statement that the Owner(s) will be given the opportunity to request a hearing and to present evidence that the proposed contiguous parcel merger does not meet the criteria for a merger. For the purpose of this Ordinance, a property owner is any person holding any portion of the title for any involved property. 2. The Notice of Intent to Merge shall be recorded with the Riverside County Recorder on the date that the notice is given to all property owner(s) of record. 3. Within thirty (30) days of the recordation of the Notice of Intent to Merge, the owner of the affected property must file a request for a heating regarding the proposed merger, with the Planning Department. a. If the owner of the affected property does not file a request for a hearing within the thirty (30) day time period specified above, the Director of Planning shall determine whether or not to merge the contiguous parcels. To merge contiguous parcels the Director of Planning shall make the following findings: i.. The merged parcel complies with the appropriate provisions of the Subdivision Map Act and all applicable City Requirements for the merging of contiguous parcels. ii. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety, and welfare. b. If the owner of the affected property requests a hearing on the merger, then Planning Commission, after a hearing, shall make the determination whether or not the affected parcels are or are not to be merged. 4. The Planning Department shall set a time, date, and location for the heating upon receiving a request for a hearing from the property owner of the affected property or on the thirty- first day following the recordation of the Notice of Intent to Merge. The hearing shall be conducted within sixty (60) days following the receipt of the owner's request, but may be continued with the mutual consent of the Planning Commission and the property owner. Notice of the hearing shall be given to the property owner(s) by Certified Mail. 5. At the hearing the property owner shall be given the opportunity to present evidence that the affected property does not meet the merger requirements set forth in this Subsection C of Ords 94-08 3 this Section. At the conclusion of the hearing, the Planning Commission shall make a determination to whether the affected parcels are to be merged or not to be merged. To merge contiguous parcels the Planning Commission shall make the following findings: a. The merged parcel complies with the appropriate provisions of the Subdivision Map Act and all applicable City Requirements for the merging of contiguous parcels. b. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety, and welfare. 6. If the Planning Commission determines that the subject parcels shall be merged, it shall cause the Notice of Intent to Merge to be recorded as provided for in Section 66451.12 of the Government Code. If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by Certified Mail. The Commission shall notify the owner of its' determination no later than five working days after the conclusion of the hearing. 7. If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the Director of Planning to release the Notification of Intent to Merge and mail a copy of the release to the property owner. E. PROPERTY OWNER REQUESTED MERGER. 1. When the owner or owners of record of any contiguous parcel, as defined in Subsection C, requests the merger of two or more contiguous parcels, application shall be made on the forms and in the manner specified by the Director of Planning. 2. Upon receipt of complete application requesting the merger of any contiguous parcels, a Notice of Intent to Merge shall be recorded with the Riverside County Recorder and a copy shall be sent to the property owner(s). 3. Within thirty (30) days of the recordation of the Notice of Intent to Merge, the Director of Planning shall determine whether the affected parcels are to be merged. To merge contiguous parcels the Director of Planning shall make the following findings: a. The merged parcel complies with the appropriate provisions of the Subdivision Map Act and all applicable City Requirements for the merging of contiguous parcels. b. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety, and welfare. 4. If the Director of Planning determines that the subject parcels shall be merged, it shall cause the Notice of Merger to be recorded as provided for in Section 66451.12 of the Government Code. If notification cannot be made at the time of the heating to the parcel owner in person, notification shall be made no later than five working days after the conclusion of the hearing. Ords 94-08 4 5. If the Director of Planning determines that the parcels should not be merged, the Director of Planning shall release the Notification of Intent to Merge and mail a copy of the release to the property owner. F. ~ DATE OF MERGER. The merger of any contiguous parcels shall become effective upon recordation of the Notice of Merger with the County Recorder. The Notice of Merger shall specify the date of the Planning Commission's determination, the names of the recorded owners, and a legal description of the properties. G. APPEAL OF MERGER. The appeal of the Planning Commission's determination to merge contiguous parcels to the City Council shall be made in accordance with the appeal provisions contained in the Municipal Code. ~ Section 3. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 5. PASSED, APPROVEi~, AND ADOPTED this 22nd day of March, 1994 ~ Ron Roberts, Mayor A'FFEST: J City Clerk [SE L] Or'ds 94-08 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 94-08 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of March, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 22nd day of March, by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone, Roberts Greek, City Clerk Ords 94-08 6