HomeMy WebLinkAbout1761 - Merger of Subdivided LotsORDINANCE NO. 1761
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 19.08.060 TO THE NEWPORT
BEACH MUNICIPAL CODE ESTABLISHING MERGER OF
CERTAIN PREVIOUSLY SUBDIVIDED LOTS
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WHEREAS, the Subdivision Map Act, Section 66424.2
of the Government Code, provided for an automatic merger of
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parcels or units of land when conditions contained in said section
were met; and
WHEREAS, said Section 66424.2 was amended by Chapter
234 Statutes, 1977, effective July 7, 1977, to provide that a
local ordinance may provide for merger of contiguous parcels or
units; and
WHEREAS, by operation of law parcels or lots were
merged pursuant to former Section 66424.2 and the amendments
to Section 66424.2 by Chapter 234 has raised ambiguity regarding
the legal status of lots subject to Section 66424.2; and
WHEREAS, it is the policy of the City Council of the
City of Newport Beach to cause merger of lots when conditions
of former Section 66424.2 are met.
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 19.08.060 is hereby added to
the Newport Beach Municipal Code to read as follows:
"19.08.060. Lot Merger. A. Merger. For lots or
parcels within the City, there shall be a merger of lots
or parcels when each of the following conditions are met:
1. Two or more contiguous lots or parcels are held
by the same owner;
2. Said lots or parcels do not conform to the minimum
lot size to permit use or development under the provisions
of Title 20 of the Newport Beach Municipal Code (Zoning
Ordinance) and further provided that the minimum lot size
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to the Planning Commission by filing a notice of appeal within
ten (10) days following the decision by the Community Development
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set forth in Title 20 of the Newport Beach Municipal Code
shall apply, for the purposes of merger, to lots within
the City, no matter when created; and
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3. ldone of such contiguous lots or parcels is-developed
with a building for which a building permit has been issued
by the City of Newport Beach, or by the County of Orange
for parcels which were created and thereafter annexed to
the City of Newport Beach.
13. Notice of Merger, Hearing. The Community Develop-
ment Director, when he has knowledge that real property has
merged pursuant to this Section, shall cause to be filed for
recordation with the County Recorder a notice of merger,
specifying the name of the record owner and particularly
describing the real property; provided, that the Community
Development Director shall advise the owner of the lots or
parcels to be affected by the merger at least thirty (30)
days prior to recordation of said notice, the fact that he
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intends to record the notice.and specifying a time, date and
place at which the owner may present evidence to the Community
Development Director why such notice should not be recorded.
The Community Development Director shall hear and consider
any such evidence, should the owner choose to present such
evidence. The Community Development Director shall make his
determination regarding recordation of such notice, which
decision shall become final ten (10) days after the decision
is made in absence of any appeal to the Planning Commission
or request for review by the Planning Commission on its own
motion, adopted by four affirmative votes, or by City Council
on its own motion, adopted by four affirmative votes, within
said ten (10) day period.
C. Review or Appeal to Planning Commission. In any
case where the owner is not satisfied with the decision of.
the Community Development Director, he may appeal in writing
to the Planning Commission by filing a notice of appeal within
ten (10) days following the decision by the Community Development
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Director or where the Planning Commission determines to
review the decision of the Community Development Director,
a hearing shall be held by the Planning Commission. The owner
shall be given notice specifying a time, date and place at
which the owner may present evidence to the Planning Commission
why such notice should not be recorded. The Planning Commission
shall hear and consider any such evidence and make its
decision regarding such notice not later than ten (10) days
after the date of the public discussion of said item by the
Planning Commission. The action of the Planning Commission
on such notice shall become final twenty -one (21) days after
the decision of the Planning Commission in absence of any
appeal to the City Council or request for review by the City
Council on its own motion, adopted by four affirmative votes.
D. Review by or Appeal to City Council. In any case
where the owner is not satisfied with the decision of the
Planning Commission, he may appeal in writing to the City
Council by filing a notice of appeal within ten (10) days
following the decision by the Planning Commission or where
the City Council has determined to review the decision of the
Planning Commission, a hearing shall be held by the City
Council. The owner shall be given notice specifying a time,
date and place at which the owner may present evidence to the
City Council why such notice should not be recorded. The City
Council shall hear and consider any such evidence and make
its decision regarding such notice not later than ten (10)
days after the date of.the public discussion of said item by
the City Council.. The action of the City Council on such
notice shall be final.
E. Recordation of Notice - Effect. At such time as
the determination to record a notice of merger shall become
final, the notice shall be recorded at the office of the
County Recorder, Orange County, California. Recordation of
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such notice shall be a memorialization of the lot merger
which had previously occurred. After such notice has been
recorded, the subject lots or parcels shall be held merged
as one lot or parcel for purposes of applying the Zoning
Ordinance, Subdivision Ordinance, building regulations and
other regulations regarding land use and development of the
City of Newport Beach."
SECTION 2. This Ordinance shall be published once
in the official newspaper of the City and shall be effective thirty
(30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the
27th day of February , 1978 and was adopted on the 13th
day of March , 1978 by the following voter to wit:
ATTEST:
L'.54,
City Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE
l�AR 5 1978
CITY CLUK OF THE CI'(Y CF ` SORT BEACN
AYES, COUNCILMEN: Dostal, Barrett,
Kuehn, McInnis, Rogers, Ryckoff, Williams
NOES, COUNCILMEN
None
ABSENT COUNCILMEN: None
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ayor
HRC:yz
2/2/78