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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 • WHEREAS, the Subdivision Map Act, Section 66424.2 of the Government Code, provided for an automatic merger of • 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 X to the Planning Commission by filing a notice of appeal within ten (10) days following the decision by the Community Development u -2- , 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 • 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 • 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 u -2- , • • 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 -3- _'. 0 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 -4- ayor HRC:yz 2/2/78