HomeMy WebLinkAboutOrdinance 120 ORDINANCE NO. 120
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF ATASCADERO AMENDING TITLE 9, PLANNING AND
ZONING, OF THE ATASCADERO MUNICIPAL CODE BY
ADDING CHAPTER 10, LOT MERGERS
WHEREAS, the City' s adopted General Plan has as a stated purpose
the provision of " . . . .a general framework for the most desireable
placement, extent and timing of the various ways that land areas are
used" ; and
WHEREAS, the City' s Municipal Code does not provide for the merger
of contiguous parcels under common ownership; and
WHEREAS, there is evidence of a need to provide for the merger of
contiguous parcels under common ownership without reversion to acre-
age; and
WHEREAS, the enabling of this procedure would provide for a more
simplified means to implement a City prerequisite for many development
projects; and
WHEREAS, Section 66499.20-3/4 of the State Subdivision Map Act
provides for the adoption of procedures for the recordation of an in-
strument evidencing the merger of contiguous parcels under common
ownership.
NOW, THEREFORE, the Council of the City of Atascadero does ordain
as follows:
Section 1. Council Findings.
1. The proposed Municipal Code amendment proposes regulations
consistent with the General Plan as required by Section 65860
of the California Government Code.
2. The proposed Municipal Code amendment proposes regulations
consistent with the Zoning Ordinance as required by Section
65800 et seq. of the California Government Code.
3. The proposed Municipal Code amendment proposes regulations
pursuant to Section 66499. 20 3/4 of the State Subdivision Map
Act.
4. The proposed Municipal Code amendment is categorically exempt
from the provisions of the California Environmental Quality
Act.
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Section 2. Municipal Code Amendment.
The City of Atascadero Municipal Code is amended by the addition
of Chapter 10 to Title 9, Planning and Zoning, as follows:
CHAPTER 10. LOT MERGER.
9-10.101. Purpose.
This section is intended to enable the merger of contiguous par-
cels under common ownership where the Community Development Director
and City Engineer have determined that requirements for on-site and
off-site improvements have been satisfied or will be imposed as a con-
dition of a future entitlement for use of the subject parcel (s) .
9-10.102. Application.
Application for lot merger shall be made in a form prescribed by
the Community Development Director.
9-10.103. Procedures for Lot Merger .
A. Upon a determination by the Community Development Director and
City Engineer that the lots proposed for merger are legal lots,
that the subject lots are under common ownership, and that all
public improvements normally required for parcel map approval have
either been installed and accepted or will be required as part of
a future entitlement for use or development of the subject lot (s) ,
a certificate of lot merger shall be prepared. Said certificate
shall describe the new exterior boundary of the lot after merger
and shall be recorded in the Office of the County Recorder.
B. Action of the Community Development Department may be appealed to
the Planning Commission. Appeals must be filed in writing, with
the Community Development Director , withinfourteen (14) calendar
days of the action being appealed.,
Section 3. Urgency Declaration.
This ordinance is hereby declared to be urgently required for the
immediate preservation of the public peace, health, and safety. Its
adoption is necessary for the efficient processing of development pro-
jects currently under review. It shall take effect immediately upon
adoption.
The foregoing ordinance was introduced on February 11, 1986
and adopted at a regular meeting of the City Council held on February
110 1986 (Motion for adoption by Councilman Molina, seconded by
Councilman Handshy)
AYES: COUNCILMEMBERS 'HANDSITY, MACKEY., MOLINA AND MAYOR NELSON
NOES: NONE
ABSENT: COUNCILWOMAN NORRIS
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CITY 03�7ATASCADERO, C LIFORNIA
By
ROLFE J. ELSON, Mayor
ATTEST
RO ERT M. J , ity Clerk
APPROVED AS TO CONTENT:
MICHAEr SHELTON, City Manager
APPR03FED A FORM:
f,.
T M. , ity Attorney
PREPARED BY:
HENRIZEITO N, CommO<pity Development Director
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