Ord 143ORDINANCE NO. 143
AN ORDINANCE OF THE CITY OF PO~AY, CALIFORNIA
ADDING C~2%Fr~4~ 16.22 TO THE POWAY MUNICIPAL COOE
TO R~GULATE AND TO PROVIDE STANDARDS AND
PROCEDURES FOR THE ME~GRR AND ~RR
OF SUBSTANDARD LOTS
WHEREAS, the State of California has mandated that the exclusive means of
merging and unmerging substandard real property shall be as provided in Section
66451.10 through 66451.21 of the California Goverr~ent Code; and
WHEREAS, adoption of local ordinance is required to give effect to said
State legislation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS
FOT.~WS:
Section 1. REPEAL OF POWAY MUNICIPAL CODE SECTION 16.12.100
Section 16.12.100 of the Po~ay Municipal Code is hereby repealed.
Section 2. ADOPTION OF (/g3~TER 16.22 OF THE PO~AY MUNICIPAL CODE.
Chapter 16.22 of the Poway Municipal Code to be entitled "Merger" is hereby
enacted to provide as follc~s:
16.22.010 Prohibitions.
A. No real property, improved or unimproved, consisting of a single unit
or two or more contiguous units and owned by the same person or persons shall be
divided into two or more lots, whether or not one or more of such lots is
retainedbytheowner, except in accordance withthis title.
B. No parcel ~sy be subdivided if it was illegally created unless, as part
of the division, the illegality is eliminated. If such elimination is not
possible, a notice of violation with respect to the parcel sbmll be recorded.
When the owner of any portion of an illegally created lot is the person who
owned the property at the time of the illegal subdivision, a lawful subdivision
of the property shall not be permitted unless the entire legal parcel is
included in the application for such subdivision.
16.22.020 Merger by City.
A. This section shall not apply to the sale, lease or financing of one or
more contiguous parcels or units of land which have been created under the pro-
visions of City ordinances regulating the division of real property and the
Subdivision Map
Ordinance No. 143
Page 2
Act applicable at the time of their creation, or which were not subject to such
provisions at the time of their creation, even though such contiguous parcels or
units are held by the same owner; except that if any one of the contiguous par-
cels or units held by the same owner does not conform to staD~rds for minim%m~
parcel size to permit use or development under the zoning ordinance of the City
and the standards established by subsection B hereof, then those parcels or
units shall be merged.
B. Contiguous parcels or units of land held by the same owner, on the date
that notice of intention to determine status is filed, shall be merged if one of
the parcels or units does not conform to the minim~ parcel size to permit use
or development and 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. C~prises less that 5,000 square feet in area at the time of
the determination of m~rger.
b. Was not created in c~pliance with applicable laws and ordi-
nances in effect at the time of its creation.
c. Does not meet current standards for sewage disposal and
domestic water supply.
d. Does not meet slope stability standards.
e. 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. Is consistent with the applicable general plan and any appli-
cable specific plan, other than minim%m% lot size or density standards.
3. Subsection B2 shall not apply if any of the conditions stated in
Section 66451.11(b) (A) (B) (C) (D) or (E) of the Subdivision Map Act exist.
C. Whenever the Director of Public Services has knowledge that real pro-
perry has merged pursuant to this section he shall record and shall ~il by cer-
tified mail to the current record owner of the property a notice of intention to
determine status.
Ordinance No. 143
Page 3
The notice of intention shall state: (1) that the affected parcels may be
merged pursuant to this section; (2) that the owner may request, within 30 days
from the date the notice of intention was recorded, a hearing before the
Director of Public Services to present evidence that the property does not meet
the standards for merger; and (3) that the notice of intention was recorded with
the County Recorder on the date the notice of intention was mailed. Upon
receipt of a request for a hearing the Director of Public Services shall set the
hearing for a date not less than 30 days nor more than 60 days frc~ the date of
receipt of the request. The property owner shall be notified of the hearing by
certified mail. After the hearing the Director of Public Services shall deter-
mine whether the affected property has merged pursuant to this section. The
decision shall be made and notification of the decision shall be mailed to the
property c~ner within five ~orking days of the date of the hearing. If the par-
cels have merged the Director of Public Services shall file a notice of merger
with the County Recorder within 30 days from the date of the hearing unless the
decision has ~n appealed as provided in Subsection E hereof. The notice of
merger shall specify the name or names of the record owner or owners and shall
particularly describe the real property. If it is determined that the parcels
have not merged, the Director of Public Services shall record a release of the
notice of intention within 30 days from the date of the decision, and shall mail
a copy of the release to the owner. If no hearing is requested the decision
shall be made not later than 90 days after the mailing of the notice of the
opportunity for a hearing.
D. If the owner requested and presented evidence at a hearing, the decision
of the Director of Public Services may be appealed to the City Council within 10
calendar days of the date of wailing the notice of decision by filing a written
appeal with the City Clerk. Upon receipt of an appeal the City Clerk shall
place the matter on the council agenda not less than 30 nor more than 60 days
frcm the date of the appeal. If after a hearing the council grants the appeal
the City Clerk shall record within 30 days with the county Recorder a release of
the notice of intention. If the appeal is denied the City Clerk shall within 30
days record a notice of merger with the County ~corder. A copy of either the
release or the notice of merger shall be sent to the owners.
E. Prior to January 1, 1986 the Director of Public Services shall record
with the County Recorder a notice of merger for any parcel merged under the
provisions of any law prior to January 1, 1984. At least 30 days before filing
the notice of merger the Director of Public Services sb~ll mail written notice
to the property owner of the intention to record the notice and specify a time,
date, and place at which the owner may present evidence to the Director of
Public Services why the notice should not be recorded. If, after the hearing,
the Director of Public Services determines that the parcels have merged, a
notice of merger shall be filed. The decision of the Director of Public
Services may be ap~_aled according to the procedures established in subsection
D.
Ordinance No. 143
Page 4
Failure of the Director of Public Services to record a notice of merger pursuant
to this Subsection E shall not preclude the City fr~n determining that such pro-
perty was created illegally or has merged pursuant to the provisions of any law
effective on or after January 1, 1984.
16.22.030 Umer~er.
Any parcel or unit of land which merged pursuant to the provision of any law
prior to Jammry 1, 1984 but for which a notice of merger was not recorded on or
before that date is deemed unmerged if on January 1, 1984 all of the criteria
established by Section 66451.30(a) of the Subdivision Map Act is met and if none
of the conditions of Section 66451.30(b) exist. Upon request of an owner the
Director of Public Services may file a certificate of ccmpliance whenever the
Director of Public Services determines that a parcel is umnerged pursuant to
this section.
16.22.040 Request for determination of merger.
A. A property owner may request that the Director of Public Services
determine whether the property has merged or is deemed ur~nerged. A request for
determination shall be rode in writing and shall be accompanied by a deposit
established by City Council resolution to be applied against actual costs
incurred by the Director of Public Services in the processing of the request.
The unpaid balance of costs shall be paid prior to recordation of a notice of
merger of certificate of c<x~liance.
B. Upon determination that property has merged the Director of Public
Services shall issue to the owner and record with the County Recorder a notice
of merger.
C. Upon determination that property is deemed umuerged the Director
of Public Services shall issue to the owner and record with the County Recorder
a certificate of compliance showing each parcel as a separate parcel.
16.22.050 M~r~er b~ owner.
A. Upon application by the owner thereof, in a fom approved by the
Director of Public Services, any contiguous parcels under the same ownership,
whether or not such parcels conform to all legal requirements and stamd~rds, my
be merged without filing a map for reversion to acreage. The form and content
of such application and the information, data, fees, and other details required
for the processing of same, shall be as set by the Director of Public Services.
Ordinance No. 143
Page 5
B. The Director of Public services shall have the authority to approve
such mergers, and no final map shall be required provided the merger does not
involve:
1. Streets or other easements to be vacated;
2. Previously posted agreements or securities for improvements;
3. Previously paid fees or deposits made pursuant to the division of
the properties to be merged.
C. Upon approval of such a merger, the Director of Public Services shall
cause to be prepared an appropriate instr~nent describing the parcels to be
merged, which shall be executed by the owner involved and the Director of Public
Services and which shall thereafter be recorded with the County Recorder in
accordance with California Government Code Section 66499.20 3/4.
Section 3.
This ordinance shall take effect and be in force thirty (30) days after the date
of its passage; and before the expiration of fifteen (15) days after its
passage, it sb~ll be published once with the names and members voting for and
against the same in the Powa~; News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 9th day of October, 1984, and thereafter PASSED AND
ADOPI~D at a regular ~ting of said City Council held the 16th day of October,
1984, by the following roll call vote:
~RY, KRUSE, ORAV~C, TARZY
N~
SHEPARDSON
Marjorie K. Wahlsten, City Cler