HomeMy WebLinkAboutCC Ord 1352 1992-06-08
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ORDINANCE NO. /~5:l
AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA AMENDING CHAPTER 21 OF THE
CODE OF THE CITY OF SEAL BEACH REGARDING
THE MERGER OF CONTIGUOUS PARCELS IN
COMMON OWNERSHIP
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
Section 1. Section 21-22 of Chapter 21 of the Code of the City of Seal Beach
is hereby amended to read as folIews:
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"Section 21-22, Merger of Contil!uous Parcels in Common Ownership,
A. Merl!ers Required, Two (2) or more contiguous parce!s or units held by the
same owner shalI be considered as merged if one (1) of the parcels or units does not
conform to the minimum parcel or lot size required by Chapter 28 (Zoning) of this Code,
and if all of the following requirements are satisfied:
(1) At least one (1) 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 partialIy sited on a contiguous parcel or unit.
(2) With respect to any affected parcel, one (1) or more of the folIowing
conditions exists:
(a) It comprises less than five thousand (5000) square feet in area
at the time of the determination of merger.
(b) It was not created in compliance with applicable laws and
ordinances in effect at the time of its creation,
(c) It does not meet current standards for sewage disposal and
domestic water supply,
(d) It does not meet slope stability standards,
(e) It 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) It is inconsistent with the provisions of the general plan or any
applicable specific plan, other than provisions establishing
minimum lot size or density standards,
(3) For purposes of determining whether contiguous parcels are held by
the same owner, ownership shalI be determined as of the date the Notice of Intention to
Determine Status is recorded pursuant to this section,
Ordinance Number
/~5"Z
(4) Subsection 2I-22(A)(2) shall not apply if any of the conditions stated
in Section 6645I,l1(b)(A), (B), (C), (D), or (E) of the Government Code exist.
B, Notice of Intention to Determine Status, Prior to recording a Notice
of Merger, the Department of Development Services shall send by certified mail a Notice
of Intention to Determine Status to the current record owner of the property, The notice
shall state that the affected parcels may be merged pursuant to this Section and that, within
thirty (30) days from the date the Notice of Intention was recorded, the owner may request
a hearing before the Planning Commission to present evidence that the property does not I
meet the criteria for merger, The Notice of Intention to Determine Status shall be filed for
record with the County Recorder by the Department on the same day that the notice is
mailed to the property owner,
C. Hearing on Determination of Status,
(1) The owner of the affected property may file a written request for a
hearing with the Department of Development Services within thirty (30) days after recording
of the Notice of Intention to Determine Status, Upon receipt of the request, the
Department shall set a time, date and place for a hearing before the Planning Commission
and shall notify the owner by certified mail, The hearing shall be conducted within sixty
(60) days following the receipt of the owner's request, but may be postponed or continued
by mutual consent of the Planning Commission and the property owner,
(2) At the hearing, the property owner shall be given the opportunity to
present any evidence that the affected property does not meet the requirements for merger
specified in this section,
(3) At the conclusion of the hearing, the Planning Commission shall
determine whether the affected parcels are to be merged or are not to be merged and shall
notify the owner of the determination, A determination of nonmerger may be made
whether or not the affected property meets the standards for merger specified in this I
Section,
D, Determination When No Hearin2 is Requested, If the owner does not
file a request for a hearing within thirty (30) days after the recording of the Notice of
Intention to Determine Status, the Planning Commission may make a determination that
the parcels are or are not to be merged without first holding a hearing.
E, Determination of Mer2er,
(1) If the Planning Commission makes a determination that the parcels are
to be merged, a Notice of Merger shall be filed for record with the County Recorder by the
Department of Development Services within ninety (90) days of the date the Notice of
Intention to Determine Status issued unless the decision has been appealed pursuant to this
Section, in which case the Notice of Merger shall be filed within thirty (30) days of the final
decision of the City Council, The Notice of Merger shall specify the names of the record
owners and shall particularly describe the real property,
(2) If the Planning Commission makes a determination that the parcels
shall not be merged, a release of the Notice of Intention to Determine Status shall be filed
for record with the County Recorder by the Department and a clearance letter shall be
mailed to the owner by the Department.
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F.. Appeals, The determination of the Planning Commission may be appealed
to the City Council provided that a notice of appeal is filed with the City Clerk within
fifteen (15) days of the date of the decision, If the City Council makes a determination that
the parcels are to be merged, a Notice of Merger shall be filed pursuant to this Section,
If the City Council makes a determination that the parcels shall not be merged, a release
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Ordinance Number
1:;1.5.:<.
of the Notice of Intention to Determine Status shall be filed and a clearance letter issued
pursuant to this Section,"
Section 2, Section 21-22A is hereby added to Chapter 21 of the Code of
the City of Seal Beach to read as follows:
"Section 21-22A, Request to Merge by Prooerty Owner
A. Waiver of Notice, H the merger of contiguous parcels or units
pursuant to Section 21-22 is initiated by the owner of the parcels, the owner may waive in
wrjting the right to a hearing before the Planning Commission and to all notices required
by Section 21-22, Upon receipt of such waiver the Department of Development Services
shall simultaneously file for record with the County Recorder a Notice of Intention to
Determine Status, the waiver of hearing and notice, and a Notice of Merger.
B, Fee. A fee in an amount established by resolution of the City
Council shall be charged for processing mergers at the request of an owner,"
Section 3. H any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this ordinance or any
part hereof, The City Council of the City of Seal Beach hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared invalid,
ROVED AND ADOPlED by the City Council of the City of Seal
meeting thereof held on the ~ day of
,1992,
~,.. /oZ-,,,,~_L'h
Mayor
CITY OF SEAL BEACH
ArrEST:
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Ordinance Number ~~~~
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
1, Joanne M, Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Ordinance is an original copy of Ordinance Number /.35.z on file in the
office e City Clerk, introduced at a meeting held on the e>?1~ day of
, 1992, and passed, approveJJjd adopted ~ City Council of
the City f Seal Beach at a meeting held on the 1::1 - day of ,_".., , 1992
by the following vote: d. .
AYES: Councilmembers N~ ~'~~*{jt~.ALjq'~~
NOES: councilmembers.~ ~
ABSENT: Councilmembers ~ ' -
and do hereby further certify that Ordinance Number g.5:j .has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
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C' Clerk
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PROOF OF PUBLICATION
(2015.5 C,C.P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen'
years, and not a party to or inter-
ested In the above-entitled matter,
I.am tl1.8 principal clerk of the printer
of tl\e SEAL BEACH JOURNAL a
newspaper of general circulation,
prInted and published weekly In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange,-State of
California, under the date of 2/24f75,
'Case Number A82583; that the notice
: of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published In
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
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allln the year 19~,
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this l day of ) [tv.. 19..i2...
0n,U",- ~~""~
( Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 MaIn Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Ordinance Number J'~~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
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RESOLUTION NO. 413.
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Ordinance Number /3"'.2.
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PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United StateB
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the .prlnclpal clerk of the printer
of the SEAL BEACH JOURNAL a
newspaper of general circulation,
printed and published weeklY In the
City of Seel Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24f75,
CaBe Number A82583; that the notice
of which the annexed Is a printed
copy (Bet In type not smaller than
nonpareil), has been published In
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
alllnt~.B.?
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this .i day of /J ~ .. 19..i2...
f1J4L: r:L.-J
, Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
218 Main Street
P.O. Box 755
Seal Beach, CA 80740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
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Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
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. . . . N~.4;t. . .J~~P:-: . . . .
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PROOF OF PUBLICATION
(2015.5 C,C,P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United StateB
and a reBldent of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAl. a
newspaper of general circulation,
printed and published weeklY In the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24ns.
Case Number A82S83: that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
_~A/v-M. I ~
all In the year 19J12..,
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this -K day of ~ L.(A.~~ , 19~,
~ o,Hw. - D..- ^"
Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Str..t
P.O. Box 755
S.al B.ach, CA 90740
(213)430-7555
Ordinance Number
/:15:2.
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBUC NOTICE/Summary Ordinance
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