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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. 2 G 9 9 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 3 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 4