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Ordinance 1286c.c.l.l ' ORDINANCE NO. 12A6 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING ARTICLE 10 OF TITLE 18 OF THE MUNICIPAL ORDINANCE CODE (RELATING TO MERGER OF PARCELS) TO BRING SAID ARTICLE INTO COMPLIANCE WITH SECTION 66451.11 ET. SEQ. OF THE CALIFORNIA GOVERNMENT CODE The City Council of the City of Cupertino does. ~I ordain as follows: Article 10 of Title 18 of the. Municipal Code is hereby amended to read as follows: Sections: Section 18-1.1001 - Merger Required Section 18-1.1002 - Recordation of Notice - Effective Date of Merger Section 18-1.1003 - Notice of Intent to Determine Status and Requst for Hearing Section 18-1.1004 - Hearing; Procedure Section 18-1.1005 -Hearing De Novo; City Council Section 18-1.1006 - Effect of Previously Merged Parcels Section 18-1.1001 - Merger Required A parcel of land shall be merged with a contiguous parcel of land held by the same owner if the following two requirements are satisfied: A. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit. was issued by a local agency, or which 1 was built prior to the time such permits were required by the applicable local agency. B. With respect to any affected parcel, one or more of the following conditions exist: 1)• Comprise 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 of the City. 5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. 6) Its development would create health and safety hazards. 7) Is inconsistent with the applicable general plan and any specific plan other than minimum lot size or density standards. Section 18-1.1002 - Recordation of Notice'- 2 Effective Date of Merger A merger of parcels becomes effective when the Director of Planning and Development causes to be filed for record with the county recorder, a notice of merger specifying the names of the record owners and particularly describing the real property to be merged. Section 18-1.1003 - Notice of Intent to Determine Status and Request for Hearing Prior to recording a notice of merger, the Director of Planning and Development shall cause to be mailed by certified mail to the then current record owners of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Section 18-1.1001 of this article, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with, the county recorder on the date that notice is mailed to the property owner. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Director of Planning and Development a request for a 3 ~ i • hearing on determination of status. If, within said 30 day period, the owner does not file a request for hearing as described, the Director of Planning and Development may, at any time thereafter, make a determination that the affected parcels are to be merged. or are not to be merged. A determination of merger shall be recorded as provided in Section 18-1.1002 of this ordinance no later than 90 days following the mailing of the notice of intention to determine status. Section 18-1.1004 - Hearing] Procedure Upon receiving a request for a hearing on determination. of status, the Director of Planning and Development shall fix a time, date and place for a hearing to be conducted by the Director of Planning and Development, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the City's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Director of Planning and Development and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards specified in Section 18-1.1001 of this ordinance. 4 At the conclusion of the hearing, the Director of Planning and Development shall make a determination that the affected parcels are to be merged, or are not to be merged, and shall so notify the owner of his determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 18-1.1002 of this ordinance. if the Director of Planning and Development determines that the subject property shall not be merged, he shall cause to be recorded in the manner specified in Section 18-1.1002 a release of the notice of intention to determine status previously recorded and shall mail a clearance letter to the then current owner of record. Section 18-1.1005 - Hearing De Novo; City Council Any property owner of an affected property, may within 10 days, after notification of the Director of Planning and Development of his determination of merger as provided in Section 18-1.1004, file a written request with the City Clerk for de novo hearing before the City Council. Said hearing shall be held within 30 days from the filing of said request but may be postponed or continued with the mutual consent of the City Council and the property owner. The hearing will be conducted in the same manner as the hearing held before the Director of Planning and Development; provided,,, however, 5 that the City Council may make a determination of • non-merger regardless of whether or not the affected property meets the standards for merger specified in Section 18.1-1001 of this ordinance as long as such determination of non-merger is consistent with the City's general plan and any applicable specific plan. Section 18-1.1006 - Effect of Previously Merged Parcels This ordinance does not affect the validity of • parcels which have previously been merged, and for which a notice of merger was recorded on or before January 1, 1984. INTRODUCED at a regular meeting of the City Council this 4th day of RPprP,nl,Pr , 1984, and. ENACTED at a regular meeting of the City Council this t7rh day.. of September 1989, by the following vote: Vote: Members of _the Citv Council: Ayes: Gatto, Plungy, Rogers, Sparks, Johnson Noes : None Absent: None Abstain: None ATTEST: APPROVED: `` 6 i i Ci y Cler ayo , t o• Cupertino 7