ORDINANCE 1114ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL
CODE BY ADDING CHAPTER 19.12, ENTITLED
"MERGER OF PARCELS," TO TITLE 19; AND
AMENDING SECTION 20.58.200, CHAPTER 20.58 OF
TITLE 20 THEREOF.
WHEREAS, California Government Code Section 66451 provides
enabling legislation for local jurisdictions to establish
procedures for the merger of parcels which do not meet minimum
development standards; and
WHEREAS, the residents of E1 Segundo have expressed concern
about overly dense development, decreased open space, and
maintaining a high quality of life within the community,
particularly within the residential areas; and
WHEREAS, the City Council pursuant to Government Code
Section 66451.21, approved a resolution of intent to consider
adoption of a citywide lot merger ordinance and to set for public
hearing the proposed lot merger ordinance on Tuesday, May 3, 1988
at 7:00 p.m. in the City Hall Council Chambers, 350 W. Main
Street, E1 Segundo, California; and
WHEREAS, notice of said public hearing was published in the
El Segundo Herald inviting all interested parties to attend, and
said public hearing was held on such matter on May 3, 1988, as
scheduled; and
WHEREAS, opportunity was given to all persons to present
testimony or documentary evidence for or against the lot merger
ordinance; and
WHEREAS, at said hearing the following facts and findings
were established:
Facts:
1. The proposed lot merger ordinance would add Chapter 19.12 to
the E1 Segundo Municipal Code Subdivision Ordinance and
create a lot merger ordinance for contiguous parcels held by
the same owner that do not conform to the standards for
minimum parcel size or site development.
2. The proposed lot merger ordinance is selective in its
implementation and does not automatically merge substandard
parcels. The ordinance establishes the required conditions
for a merger to take place, and the notification, public
hearing, and appeal procedures for merging parcels.
3. The proposed lot merger ordinance is in compliance with the
Subdivision Map Act as contained in California Government
Code Sections 66451.11 - 66451.21 which consists of the
requirements for merging contiguous parcels of common
ownership.
4. The implementation of the lot merger ordinance would result
in decreased density and increased open space.
5. The City's General Plan Land Use Element sets forth adopted
City policies to preserve low- medium residential density, to
promote ample open space, and to encourage lot consolidation
for multiple - family developments.
6. The General Plan Citizens Advisory Committee Report sets
forth adopted City goals of prohibiting the unmerger of
existing single -, two -, or multiple- family conforming sites
under one ownership into two (or more) non - conforming narrow
lots.
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7. The Environmental Quality Board determined that the
proposed Code Amendment would not have adverse
environmental impacts and recommended the certification of a
Negative Declaration of Environmental Impact (EA -142).
8. The Planning Commission of the City of El Segundo reviewed
the proposed Code Amendments on January 28, 1988, and
recommended certification of a Negative Declaration of
Environmental Impact (EA -142) and adoption of the Code
Amendments.
Findings:
1. A substandard size lot can presently be developed as long as
the development meets the current code regulations. The
proposed lot merger ordinance would give the Planning
Commission the capability to selectively eliminate or reduce
such development at those locations where they felt it would
be overly dense and detrimental for the surrounding area.
2. The beneficial impacts of decreased density and increased
open space that would result from implementation of the
proposed Code Amendment are consistent with the goals and
policies of the City's General Plan Land Use Element and
the General Plan Citizens Advisory Committee Report.
3. The City Council concurs with the Planning Commission's
findings that the proposed Code Amendment would not have any
adverse effects on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.12, to Title 19 of the El Segundo
Municipal Code, entitled "Merger of Parcels," is hereby added to
the E1 Segundo Municipal Code, to read as follows:
CHAPTER 19.12
MERGER OF PARCELS
SECTIONS:
19.12.010 Intent and purpose.
19.12.020 Applicability.
19.12.030 Requirements for merger.
19.12.040 Determination of ownership.
19.12.050 Notice of intention to determine status.
19.12.060 Hearing date; presentation of evidence; planning
commission determination.
19.12.070 Notice of merger; effective date of merger.
19.12.080 Release of notice of intention to determine
status.
19.12.090 Planning commission determination without
hearing; notice to owner.
19.12.100 Appeal.
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19.12.010. INTENT AND PURPOSE. The purpose of this Chapter
relating to merger of parcels is to provide a procedure by which
two or more contiguous parcels or units of land held by the same
owner and which do not conform to minimum development standards
of the underlying zoning district may be merged. This procedure
is adopted pursuant to Sections 66451.10, et sec. of the
California Government Code.
19.12.020. APPLICABILITY.
A. The provisions and procedures set forth in this Chapter for
the merger of parcels shall be applicable to two or more
contiguous parcels of land held by the same owner, whether
that ownership is absolute or "qualified," as defined by
California Civil Code Section 680, notwithstanding E.S.M.C.
Chapter 20.58.200, where:
1. The parcels were created under the provisions of the E1
Segundo Municipal Code regulating subdivisions or any
prior ordinance or State law regulating the division of
land or which were not subject to any prior law
regulating the division of land; and
2. At least one of the contiguous parcels or units of
land held by the same owner does not conform to
standards for minimum parcel size under the City's
zoning ordinance, Title 20.
B. Nothing in this Chapter shall be construed or interpreted to
prohibit the sale, lease or financing of such contiguous
parcels of land, or any of them, where the same have not
been merged pursuant to the procedure set forth herein.
19.12.030. REQUIREMENTS FOR MERGER. Any two or more contiguous
parcels or units of land held by the same owner which are subject
to the merger procedures set forth herein as provided in Section
19.12.020 may be merged if all of the following requirements are
satisfied:
A. 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.
B. With respect to any affected parcel, one or more of the
following conditions exists:
1. Comprises less than 5,000 square feet in area at the
time of the determination of merger.
2. Was not created in compliance with applicable laws and
ordinances in effect at the time of its creation.
3. Does not meet current standards for sewage disposal and
domestic water supply.
4. Does not meet slope stability standards.
5. Has no legal access which is adequate for vehicular and
safety equipment access and maneuverability.
6. Its development would create health or safety hazards.
7. Is inconsistent with the applicable general plan and
any applicable specific plan, other than minimum lot
size or density standards.
C. Affected parcels which meet the conditions set forth in
Section 66451.11 (b) (A) - (E) of the California Government
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Code may be merged if all the requirements of section
19.12.030 A are satisfied.
19.12.040. DETERMINATION OF OWNERSHIP. For purposes of
determining whether contiguous parcels or units are held by the
same owner, ownership shall be determined as of the date that
Notice of Intention to Determine Status is recorded pursuant to
Section 19.12.050 below.
19.12.050. NOTICE OF INTENTION TO DETERMINE STATUS. Prior to
recording a notice of merger, the Director of Planning shall:
A. Mail by certified mail to the then current record owner of
the property, and mail by first class mail to the owners of
abutting property a Notice of Intention to Determine Status.
As used in this title, "abutting property" means property
that is contiguous to the property that is the subject of
the application or is separated from it only by a street or
alley. Such notice shall state that:
1. The affected parcels may be merged pursuant to the
merger provisions of this Chapter;
2. The owner may file a written request with the Planning
Department any time within thirty (30) days after the
date the Notice of Intention to Determine Status is
recorded for a hearing before the Planning Commission
and may present evidence at the hearing that the
property does not meet the requirements for merger; and
3. That the Notice of Intention to Determine Status was
filed for recording with the Los Angeles County
Recorder's Office on the same date such notice was
mailed to the property owner and to the owners of the
abutting property; and
4. That if a hearing is not requested the Commission will
proceed to determine whether the parcels should be
merged.
B. File for record with the Los Angeles County Recorder's
Office, on the same date that the notice is mailed to the
property owner and to the owners of the abutting property,
the Notice of Intention to Determine Status.
19.12.060. HEARING DATE; PRESENTATION OF EVIDENCE;
PLANNING COMMISSION DETERMINATION.
A. Upon receipt of a written request for a hearing on
determination of status, the Director of Planning shall fix
a time, date and place for a hearing to be conducted by the
Planning Commission, and shall so notify the property owner
by certified mail, and the owners of abutting property by
first class mail. The hearing shall be conducted not more
than 60 days following the receipt of the property owner's
request therefor, but may be postponed or continued with the
mutual consent of the Planning Commission and the property
owner.
B. 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 as set
forth in Sections 19.12.020 and 19.12.030.
C. At the conclusion of the hearing, the Planning Commission
shall make a determination as to whether the affected
parcels are to be merged and shall notify the owner of its
determination as soon thereafter as practicable, but no
later than five working days after the determination has
been reached.
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D. The Planning Commission may, at the close of the hearing,
determine that the parcels are not to be merged
notwithstanding the fact that the affected parcels have met
all the requirements set forth in Sections 19.12.020 and
19.12.030 for a merger.
19.12.070. NOTICE OF MERGER; EFFECTIVE DATE OF MERGER.
A. If the Planning Commission determines that the affected
parcels are merged, the Director of Planning shall file for
record with the Los Angeles County Recorder's Office a
Notice of Merger specifying the names of the record owners
and particularly describing the real property to be merged.
B. Said Notice of Merger shall be filed no later than thirty
(30) days after the conclusion of the hearing on
determination of status, unless a timely appeal from the
Commission's determination is filed pursuant to Section
19.12.100.
C. A merger of parcels becomes effective on the date the
Notice of Merger is duly filed with the Los Angeles County
Recorder's Office.
19.12.080. RELEASE OF NOTICE OF INTENTION TO DETERMINE
STATUS. If the Planning Commission determines that the affected
parcels are not to be merged, the Director of Planning shall:
A. File for record with the Los Angeles County Recorder's
Office a Release of Notice of Intention to Determine
Status, recorded pursuant to Section 19.12.050, specifying
the names of the record owners and particularly describing
the real property; and
B. Mail a copy of the Release to the then current owner of
record.
C. Said release and clearance letter shall be filed and
mailed, respectively, within five working days of the date
of the Planning Commission's determination.
19.12.090. PLANNING COMMISSION DETERMINATION WITHOUT HEARING;
NOTICE TO OWNER AND TO OWNERS OF ABUTTING PROPERTY.
A. If the property owner fails to file a request for hearing
within the thirty (30) day period as provided in Section
19.12.050, the Planning Commission may, at any time
thereafter, make a determination as to whether the affected
parcels are to be merged.
B. If the Planning Commission makes a determination of merger,
the Director of Planning shall file a Notice of Merger no
later than 90 days after the mailing of the Notice of
Intention to Determine Status as provided in Section
19.12.050, and shall notify the property owner of such
determination by certified mail, and notify the owners of
the abutting property of such determination by first class
mail.
C. If the Planning Commission makes a determination not to
merge the parcels, the Director of Planning shall follow
the procedure set forth in Section 19.12.080.
19.12.100. APPEAL.
A. If the property owner requested a hearing pursuant to
Section 19.12.050 and received a determination by the
Planning Commission that the affected parcels are to be
merged at the conclusion thereof, he or she may appeal said
determination to the City Council by filing a written notice
of such appeal with the City Clerk no later than ten (10)
days after the date of the notice to the property owner of
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the Planning Commission's determination. Such appeal shall
set forth specifically the facts upon which the property
owner bases his or her claim that the Planning Commission's
findings were in error, and that the decision of the
Planning Commission is not supported by the evidence and
that the public necessity, convenience and welfare require
the Planning Commission's decision to be reversed.
B. All decisions of the Planning Commission regarding the
merger or non - merger of parcels shall be final, unless
appealed from as prescribed in this section, or until any
condition precedent to its effectiveness has been
fulfilled, whichever is later in time.
C. The City Clerk shall not accept for filing a notice of
appeal unless and until the appellant has submitted to the
City Clerk a filing fee as determined by resolution of the
City Council.
D. The City Clerk shall forthwith transmit a copy of such
notice of appeal to the Commission's secretary and place
such appeal on the City Council's agenda for a regularly
scheduled meeting not more than thirty (30) days thereafter.
The Commission's secretary shall transmit to the City Clerk
for presentation to the City Council all papers constituting
the record upon which the Commission's determination was
made, including, but not limited to the minutes of the
hearing thereon, and shall submit to the City Council a
written report, prepared from the record upon which the
determination was made, stating the factual and legal basis
on which the Commission determined that the affected parcels
are to be merged.
E. A hearing before the City Council on appeal shall be set and
notice thereof given by the City Clerk in the same manner as
provided in Section 19.12.060. The City Council may not
approve or reverse the Commission's final determination
until it has held a hearing thereon.
F. The City Council, after the completion of such hearing,
which it may continue from time to time, may reverse or
approve the determination of the Commission; provided,
however, that before reversing the determination of the
Commission, the matter may be referred to the Commission for
a report and recommendations, and a copy of the report and
recommendations shall be filed with the Council before any
reversal is effected. The failure of the Commission to
report within forty (40) calendar days, or such period as
may be designated by the Council, after the reference by the
Council shall be deemed to be a recommendation of denial of
the proposed reversal. No further hearing shall be required
by the Commission.
G. On the date a notice of appeal is filed pursuant to this
section, all proceedings in furtherance of the
determination appealed from, including the effective date of
any merger, shall be stayed until the final determination of
the appeal or review by the City Council.
H. The Council shall announce its findings and decision in an
appeal proceeding by formal action not more than forty (40)
calendar days following the termination of the proceedings
of the hearing, or following the receipt of a report from
the Commission when a matter has been referred back to the
Commission. Such action shall recite, among other things,
the reasons which, in the opinion of the Council, make the
Council's determination of the matter necessary to carry out
the general purpose of the merger of parcels provisions,
and shall order that the Commission's decision be affirmed
or reversed. The Council shall effect such determination by
the affirmative vote of not less than a majority of the
total membership of the Council; otherwise the appeal shall
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be deemed denied and the action of the Commission shall
become final. The action of the Council shall be final and
conclusive.
SECTION 2. Section 20.58.200 of Chapter 20.58, Title 20
of the E1 Segundo Municipal Code is hereby amended to conform to
Chapter 19.12, as follows:
20.58.200 SUBSTANDARD LOTS. When a lot has less than the
minimum required area or width as set forth in any of the zones
contained herein or in a precise plan and was of record on
February 22, 1947, the lot shall be deemed to have complied with
the minimum required lot area or width as set forth in any such
zone or precise plan. The lot area per dwelling unit, however,
shall remain as specified in the applicable area district, except
that unless proceedings pursuant to Chapter 19.12 have been
initiated prior to issuance of a building permit submitted on or
after the effective date of Chapter 19.12, this provision shall
not prevent the erection of a single family dwelling on any
substandard lot.
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the final passage
and adoption hereof.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within fifteen
days after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of
E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 7t
y
( SEAL)
June, 1988.
Mayor of the/,City of E
California
Segundo,
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I. Ronald L. Hart City Clerk of the
California, DO HEREBY CERTIFY that the whole
the City Council of the said City is five
ordinance, being Ordinance No. 1114 is a
original of Ordinance No. 1114 of the said
California, entitled:
City of E1 Segundo,
number of members of
that the foregoing
full, true correct
City of El Segundo,
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADDING
CHAPTER 19.1211 ENTITLED "MERGER OF PARCELS," TO TITLE
19; AND AMENDING SECTION 20.58.200, CHAPTER 20.58 OF
TITLE 20 THEROF.
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested by
the City Clerk of said City, all at a regular meeting of the said
Council held on the 7th day of June, 1988, and the same was so
passed and adopted by the following vote:
AYES: Councilmembers: Anderson, Clutter, Dannen,
and Mayor Jacobson
NOES: Councilmembers: West
ABSENT: Councilmembers: None
I do hereby further certify that pursuant to the provisions
Of Section 36933 of the GovPrnmPnt r•nrlo r,f +-1,- C!+-, },. ..c
California, that the foregoing Ordinance No. 1114 was duly and
regulary published according to law and the order of the City
Council of said City of E1 Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within
said City and that the same was so published therein on the
following date, to wit: .2'6, 1999
—'City Clerk of the
(SEAL) City of E1 Segundo, California