Loading...
Ordinance No. 857005 ORDINANCE NO. 857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 25 "SUBDIVISIONS" OF THE CODE OF THE CITY OF CYPRESS BY THE ADDITION OF ARTICLE IV -A "MERGER OF PARCELS" THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 25, "Subdivisions," of the Code of the City of Cypress is hereby amended by the addition of Article IV -A, "Merger of Parcels," commencing with Section 25 -25.1 as follows: "ARTICLE IV -A MERGER OF PARCELS Section 25 -25.1. Authority to Merge Parcels. (A) The Planning Director is authorized to accept applications for the merger of two contiguous parcels or units of land with a continguous parcel, or units of land held by the same owner if any one of the contiguous parcels or units of land held by the same owner does not conform to the standards for minimum parcel size, under the zoning ordinance of the City applicable to the parcels or units of land if all of the following requirements are satisfied: 1. 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. 2. With respect to any affected parcel, one or more of the following conditions exists: (a) The parcel comprises less than 5,000 square feet in area at the time of the determination of merger. (b) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation. (c) The parcel does not meet current standards for sewage disposal and domestic water supply. 006 (d) The parcel does not meet slope stability standards. (e) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (f) The parcel development would create health or safety hazards. (g) The parcel is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (B) For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded as provided by Section 25 -25.3 of this Code. (C) Article IV -A shall not apply if any one of the following conditions 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 of the Government code of the State of California or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code. 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 City. 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 City. (D) For purposes of paragraphs (C) 3 and (C) 4 of this subdivision, 'mineral resource extraction' ggd /ORN060lok -2- means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. Section 25 -25.2. Recordation of Notice. A merger of parcels becomes effective when the City causes to be filed for record with the County Recorder of the County of Orange, a notice of merger specifying the names of the record owners and particularly describing the real property. Section 25 -25.3. Notice of Intent to Determine Status. Prior to recording a notice of merger, the City shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified on the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the County Recorder of the County of Orange on the date that notice is mailed to the property owner. Section 25 -25.4. Request for Hearing on Determination of Status. At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the City a request for a hearing on determination of status. Section 25 -25.5 Hearing; Time, Date and Place. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 25 -25.4, the City shall fix a time, date, and place for a hearing to be conducted by the City Council or an advisory agency, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than sixty (60) days following the City's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner. Section 25 -25.6 Hearing; Evidence; Determination of Status. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this merger ordinance. At the conclusion of the hearing, the City -3- ggd /ORN060lok o c oo J Council or an advisory agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 25 -25.1 of the Code. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing, as provided for in Section 25 -25.2. Section 25 -25.7. Failure to Request Hearing; Determination of Merger. If, within the thirty (30) day period specified in Section 25 -25.4 the owner does not file a request for a hearing in accordance with Section 25 -25.6 the City may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 25 -25.2 no later than ninety (90) days following the mailing of notice required by Section 25 -25.5. Section 25 -25.8. Determination not to Merge; Release of Notice of Intent to Determine Status; Recordation, Clearance Letter. If, in accordance with Section 25 -25.6 or 25- 25.7, the City determines that the subject propety shall not be merged, the City shall cause to be recorded in the manner specified in Section 25 -25.2 a release of the notice of intention to determine status, recorded pursuant to Section 25 -25.3 and shall mail a clearance letter to the then current owner of record. Section 25 -25.9 Failure to Comply With This Article. (A) The failure of the City to comply with the requirements of this article for the merger of contiguous parcels or units of land held in common ownership shall render void and ineffective any resulting merger or recorded notice of merger and no further proceedings under the provisions of this article shall be required for the purpose of sale, lease, or financing of those contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this article. (B) The failure of the City to comply with the requirements of any prior law establishing requirements for the merger of contiguous parcels or units of land held in common ownership, shall render voidable any resulting merger or recorded notice of merger. From and after the date the City determines that its actions did not comply with the prior law, or a court enters a judgment declaring that the actions of the City did not comply with ggd /ORN060lok -4- 009 the prior law, no further proceedings under the provisions of this article shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this article." SECTION II. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof 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 portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions or the application thereof be declared invalid or unconstitutional. SECTION III. The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 13th day of November 1990, and finally adopted and order posted at a regular meeting held on the IO da y of December , 1990. ATTEST: CLERK O &Iv( Y OF THE CITY OF CYPRESS (4J E C TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 10th day of December , 1990; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY C RK OF E CI OF CYPRESS