Highlighted below: 28 of 30 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 11.86 - SUBDIVISIONS#

Sections:#

11.86.010 - Citation and authority.#

This chapter is adopted to supplement and implement the Subdivision Map Act of the State and may be cited as the "Subdivision Regulations of the City of Montclair."

(Prior code § 9-3.01)

11.86.020 - Definitions.#

Whenever any words or phrases used in this chapter are not defined, but are defined in the Subdivision Map Act of the State as last amended, such definitions are incorporated in this chapter and shall be deemed to apply as though set forth in this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-3.02)

11.86.030 - Control by City Council on division of land.#

A. The City Council assumes the control of the design and improvement of land subdivision, including any division of land created by a parcel map, as such is vested in the City by the provisions of the Subdivision Map Act of the State, and amendments thereto, or as otherwise established and set forth in this chapter.

B. In conjunction therewith and in addition to the aforesaid control of land within the City, it is declared that any land that is divided in any method or manner whatsoever shall be accomplished by either a subdivision map or parcel map which shall first be approved by the Planning Commission and the City Council.

C. No person shall sell, offer to sell, or transfer title from one owner to another, or otherwise dispose of such in any manner whatsoever, any parcel of land, or fraction thereof, without first conforming to the applicable requirements of the Subdivision Map Act of the State and the requirements of this or any other provision or requirement set forth and established by the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-3.03)

11.86.040 - Units of land.#

For the purposes of this chapter, a unit of land is any plot of land separately described as shown on either:

A. The Tax Assessor's Map Record on tax rolls as a separate unit of land on June 18, 1956; or

B. The official records of the County Recorder accomplished by either a subdivision map or other City Council-approved division of land.

(Ord. 99-791 Exh. A (part); prior code § 9-3.04)

11.86.050 - Advisory agency.#

The Planning Commission is made the advisory agency of the City Council, as such advisory agency is defined and established by the Subdivision Map Act of the State, and the powers are delegated to the advisory agency to approve, conditionally approve, or disapprove and to report such actions on tentative subdivision maps or tentative parcel maps directly to the subdivider. The advisory agency is given full power and authority to investigate any and all matters pertaining to a proposed division of land to be created by either a subdivision map or a parcel map and to make its findings of fact in relation thereto, which shall be communicated in writing to the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-3.05)

11.86.060 - General plan conformance—Time for or waivers of reports.#

A. A report as to conformity to the General Plan, which report is required pursuant to Section 65402 of the Government Code of the State as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

B. Such report shall not be required for a proposed subdivision which involves: (1) The disposition of the remainder or a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects provided the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions or abandonments for street widening or alignment projects is of a minor nature.

(Prior code § 9-3.06)

11.86.070 - Parcel map procedures.#

A. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act of the State, except for subdivisions created by short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code of the State; provided, however, upon a showing made to the City Council based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

B. Such maps shall meet all of the requirements of Section 11.86.090 of this chapter and shall show all dedications or offers of dedication thereon. The City Council may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map.

C. When a parcel map is required by this title, a tentative parcel map shall first be filed with the City Council. Such tentative map shall meet all the requirements for tentative maps provided by the Subdivision Map Act of the State and this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-3.07)

11.86.080 - Imposition of reasonable filing fees.#

A. The subdivider shall pay to the City fees for filing, processing and checking all tentative subdivision maps, final subdivision maps, tentative parcel maps, final parcel maps, street improvement plans, sanitary sewer plans, and utility plans.

B. The fees for such services shall be set by resolution of the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-3.08)

11.86.090 - Filing of tentative maps.#

A. Filing. Tentative maps shall be filed with the Planning Division and shall be processed in accordance with the Subdivision Map Act of the State and the provisions of this title. The subdivider shall file as many copies of the tentative map as may be required by the Planning Division.

B. Tentative Map Requirements. The following will be required for tentative maps:

The title of the subdivision and a description of the property;
The name and address of the owner and subdivider;
The name and address of the person preparing the map;
The approximate acreage;
The north point;
The scale;
The date;
The boundary lines;
The locations and names of streets;
The widths of streets and alleys;
The names, locations, and widths of adjacent streets;
The proposed street grades;
The proposed lot grades;
The locations and widths of easements;
The dimensions of reservations;
The existing structures;
The locations of existing and proposed public utilities;
The existing sewers;
The existing water mains;
The existing culverts and drainpipes;
The watercourses;
The land subject to overflow or inundation;
The railroads;
The lot lines and approximate dimensions;
The approximate radii of curves;
The building lines;
The lands and parks to be dedicated for public use;
The contours at 5-foot intervals if the slope is greater than 10 percent§;
The contours at 2-foot intervals if the slope is less than 10 percent§;
The proposed land uses;
The names and tract numbers of adjoining subdivisions; and
The names of any geologists or soils engineers whose services were required in the preparation of the design of the tentative map.

Such information may be furnished separately from the map itself.

C. Dedications. The City Council may require that all dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map.

(Ord. 99-791 Exh. A (part); prior code § 9-3.09)

11.86.100 - Waivers of requirements—Additional requirements.#

The City Council may waive or direct an exemption from any of the requirements of Section 11.86.090 of this chapter whenever the City Council finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The City Council may require such drawings, data, or other information as is deemed necessary.

(Ord. 99-791 Exh. A (part); prior code § 9-3.10)

11.86.110 - Improvement requirements.#

The subdivider shall improve, or agree to improve, all streets, highways, alleys, ways or easements required in connection with, or as a part of, a subdivision or a division of land created by a parcel map as a condition precedent to the acceptance thereof and the approval of the final map. Such improvements shall be installed at lines and grades, and in accordance with plans, standards and specifications, approved by the City Engineer and shall include:

A. The grading, drainage, and drainage structures necessary for proper use and for public safety;

B. Portland cement concrete curbs, gutters, sidewalks, and drive approaches;

C. Storm drains, conduits and channels;

D. Asphalt concrete street paving;

E. Aggregate base;

F. An adequate domestic water supply, including the relocation or replacement of all water mains, irrigation lines, and appurtenances as required by the City Engineer;

G. Sanitary sewer facilities and connections for each lot;

H. Underground utilities providing services to each lot;

I. Services from public utilities, where provided, and from sanitary sewers shall be made available for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutters, curbs and sidewalks when service connections are made;

J. Street trees;

K. Fire hydrants;

L. Street name signs and traffic regulatory devices;

M. Street lights, including ornamental light standards;

N. The relocation or replacement of all utility lines and poles as required by the City Engineer;

O. Permanent subdivision survey monuments; and

P. In addition to the aforesaid minimum requirements, the City Council may require such additional improvements and facilities or such modifications in the standards of minimum improvements as special conditions may cause the City Council to make a special finding of need.

(Ord. 99-791 Exh. A (part); prior code § 9-3.11)

11.86.120 - Public hearings and notices where required.#

Whenever a public hearing is held pursuant to the provisions of this chapter, a notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given at least 10 days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation printed and published in the County and circulated in the City. In addition to notice by publication, the City Council may require notice of the hearing to be given in such other manner as the City Council may deem necessary or desirable. Any interested person may appear at such a hearing and shall be heard.

(Ord. 99-791 Exh. A (part); prior code § 9-3.12)

11.86.130 - Expiration of maps and extensions.#

A. Expiration. The approval or conditional approval of a tentative map shall expire 12 months after the date the map was approved or conditionally approved.§

B. Extensions. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by a written application to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed, and existing conditions may be revised.

C. Time Limits on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years.§

D. Effect of Map Modifications on Extensions. The modification of a tentative map after its approval or conditional approval shall not extend the time limits imposed by this section.

(Ord. 99-791 Exh. A (part); prior code § 9-3.13)

11.86.140 - Failure to file parcel maps.#

Failure to file a parcel map with the County Recorder within 60 days after the approval or conditional approval of such map shall terminate all proceedings.§ Any subdivision of the same land shall require the filing of a new map.

(Ord. 99-791 Exh. A (part); prior code § 9-3.14)

11.86.150 - Waivers of direct street access.#

The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct vehicular access rights to such street from any property shown on a final map as abutting thereon, and that, if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. In addition, the Planning Commission may require a waiver of access to an existing street which abuts a subdivision if the Planning Commission determines that a safety hazard would be created as a result of direct access.

(Ord. 99-791 Exh. A (part); prior code § 9-3.15)

11.86.160 - Reservations.#

A. Requirements. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula set forth in this section.§

B. Standards and Formula for the Reservation of Land. If a park, recreational facilities, fire station, library, or other public use is shown on an adopted specific plan or adopted General Plan containing a community facilities element, recreation and parks element, and/or a public building element, the subdivider may be required by the City Council to reserve sites as so determined by the City or County in accordance with the definite principals and standards contained in such specific plan or General Plan. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make the development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event it is not acquired within the prescribed period.

C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of the approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

D. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against such reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 99-791 Exh. A (part); prior code § 9-3.16)

11.86.170 - Dedication and design regulations for streets, alleys, drainage, public utility easements, and other public easements.#

A. Requirements. As a condition of the approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve, or agree to improve, all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements in accordance with the City of Montclair Standard Construction Drawings and the provisions of this section.

B. Streets, Alleys, Easements and Parks. Streets, alleys, easements and parks shall conform as follows:

Major Streets and Thoroughfares. Major streets and thoroughfares shall conform to good engineering and planning procedures and shall be subject to the review and approval of the City Council.
Local streets. Local streets shall be not less than 60 feet in width§, or dedicated to that width of previously dedicated portions of streets, and shall be located to provide natural drainage and shall be adjusted to the topography. There shall be a minimum number of interceptions with major streets or thoroughfares, and blocks shall be not less than 600 feet in length. Each street intersection shall have a corner radius of not less than 10 feet.§

When one or more streets or alleys are dedicated or proposed to be dedicated as part of a subdivision or an approved parcel map, such streets and alleys shall conform to and be, as nearly as possible, in alignment with other established or dedicated streets or alleys.

Dead-End Streets. Dead-end streets shall be terminated by a turnaround area not less than 96 feet in diameter§ separated to the depth of one lot from the exterior boundary line or other topographical features of the subdivision or parcel map.
Boundary Line Streets and Half Streets. Boundary line streets and half streets shall be required to be developed to a minimum width of 28 feet§ or to such greater width as may be required by the City Council in the public interest and to facilitate safe and convenient traffic movement. Such partial streets shall be permitted only when assurances are presented in writing by the owner of the adjoining property of his/her intention to dedicate the remaining parts of the street when such adjoining property is subdivided or when the City Council determines that such partial dedications are necessary for safety and convenience.
Alleys.

a. Improved alleyways, which shall be at least 20 feet wide§, shall be provided at the rear of all lots when required by the City Council.

b. All alley intersections shall have corner cutbacks of not less than a 10-foot radius.

c. Alleys in the rear of business, industrial, or income property shall be designed and located according to the plan for the development of the particular use involved. All public utilities shall be placed and maintained in such alleys whenever practical to do so.
Easements. Easements shall be dedicated as follows:

a. For flood channels or drainage purposes at such widths as the County Flood Officer or the City Engineer may indicate; and

b. For utilities at the rear of all lots, insofar as practical, to serve the property when alleys are not provided.
Small Parks. Small parks or other public areas shall be dedicated as may be appropriate.
Curved Street. Curved streets in comparatively level locations shall have a center line radius of 500 feet or greater.§
Street Corners. Street corners shall have a minimum 20-foot curb radius§ with the property line designed so as not to reduce the parkway widths.
Alley Corners. All alley corners intersecting with streets shall have a minimum curb radius of not less than 8 feet.§
Street Connections or Intersections. All street connections or intersections shall be made at approximately right angles.
Minimum Widths. Minimum widths for pavements and sidewalks shall be as follows:

a. For streets, 40 feet§;

b. For business districts, 6-foot sidewalks§; and

c. For residential districts, 5-foot sidewalks§.

C. Lots and Blocks. Lots and blocks shall have dimensions suitable to the land uses proposed and shall be, in no case, less than the minimum sizes specified in the zoning laws.

Lots. Lots in residential zones shall be not less than 60 feet wide, measured at the building line and 100 feet deep with a 65-foot minimum width for corner lots§; provided, however, those lots located at the end of a cul-de-sac street may have a minimum width at the building setback line of not less than 50 feet provided the average width of such lot is not less than 60 feet§. Exception to this requirement shall apply only to areas designated by an "SL" overlay zone and subject to the provisions of Chapter 11.36 of this title. Side lines of lots shall be approximately perpendicular to the street line. When large lots are proposed, the shapes and building locations may be required to be so established as to permit later practical resubdivision. No reserved lots or strips shall be permitted. Every lot shall front or abut on a dedicated street. Double frontage lots shall be avoided.
Blocks. Blocks shall ordinarily be two lot depths in width and not over 1400 feet in length.§ If shown at greater width, the City Council may require easements or other assurances to permit later practical resubdivision.

(Ord. 99-791 Exh. A (part); prior code § 9-3.17)

11.86.180 - Supplemental improvements—Reimbursement agreements.#

A. Supplemental Improvements Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act of the State.

B. Supplemental Improvements—Reimbursement Agreements—Funding Procedures. No charge, area of benefit, or local benefit district shall be established unless and until a public hearing, in accordance with the provisions of Section 11.86.120 of this chapter, is held thereon by the City Council, and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the costs of such supplemental improvements and the actual ultimate beneficiaries thereof.

C. Notices. In addition to the notice required by Section 11.86.120 of this title, a written notice of the hearing shall be given to the subdivider, and to those who own property within the proposed area of benefit as shown on the

Chapter 11.86 - Subdivisions#

11.86.190 - Improvement security.#

A. Improvement Security Required.#

Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act of the State for which security is required shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act of the State.

B. Improvement Security—Amount.#

The improvement security shall be in the amount set forth or authorized in Section 66499.3 of the Subdivision Map Act of the State. If the improvement security is other than a bond or bonds furnished by duly authorized corporate sureties, an additional amount shall be included as determined by the City Council as necessary to cover the costs and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured.

C. Changes or Alterations.#

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.§

D. Improvement Security—Special Assessment Proceedings—Reductions.#

In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to those required by this chapter.

E. Improvement Security—Release.#

The improvement security required hereunder shall be released in the following manner:

Security given for the faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (E)(2) of this section.
The City Council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon an application therefor by the subdivider; provided, however, no such release shall be for an amount less than 25 percent of the total improvement security given for the faithful performance of the act or work§, and the security shall not be reduced to an amount less than 50 percent of the total improvement security given for the faithful performance until the final completion and the acceptance of the act or work§. In no event shall the City Council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Subdivision Map Act of the State, or the improvement agreement.
Security given to secure payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment may, 6 months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Council to be required to ensure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. 99-791 Exh. A (part); prior code § 9-3.19)

11.86.200 - Reversions to acreage.#

A. Reversions to Acreage by Final Map.#

Subdivided property may be reverted to acreage pursuant to the provisions of this section.

B. Initiation of Proceedings by Owners.#

Proceedings to revert subdivided property to acreage may be initiated by the petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Division. The petition shall contain the information required by subsection D of this section and such other information as required by the Planning Division.

C. Initiation of Proceedings by the City Council.#

The Planning Commission or the City Council on its own motion may, by resolution, initiate proceedings to revert subdivided property to acreage. The Planning Division shall obtain the necessary information to initiate and conduct the proceedings.

D. Data for Reversions to Acreage.#

Petitioners shall file the following:

Evidence of title to the real property;
Evidence of the consent of all of the owners of interests in the property;
Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record§, or within the time allowed by agreement for completion of the improvements, whichever is later;
Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record§;
A tentative map in the form prescribed by this chapter;
A final map in the form prescribed by this chapter and the Subdivision Map Act of the State, which final map delineates dedications which will not be vacated and dedications required as a condition to reversion.

E. Fees.#

Petitions to revert subdivided property to acreage pursuant to subsection B of this section shall be accompanied by a fee established by resolution of the City Council. Such fee shall not be refundable.

F. Proceedings before the City Council.#

A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 11.86.120 of this chapter. The City Council may require such other notice that it deems necessary or advisable. The City Council may approve a reversion to acreage only if it finds and records in writing that:

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purpose; and
Either:

a. All owners of an interest in the real property within the subdivision have consented to reversion, or

b. None of the improvements required to be made have been made within two years after the date the final or parcel map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later, or

c. No lots shown on the final or parcel map were filed for record;
The City Council may require as conditions of the reversion:

a. That the owners dedicate or offer to dedicate streets or easements, and

b. The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the provisions of this chapter.

G. Return Fees and Deposits—Release of Securities.#

Except as provided in subsection E of this section, upon the filing of the final map for reversion to acreage with the County Recorder, all deposits shall be returned to the subdivider, and all improvement securities shall be released by the City Council.

H. Delivery of Final Maps.#

After the hearing before the City Council and the approval of the reversion, the final map shall be delivered to the County Recorder.

I. Effect of Filing Reversion Maps with the County Recorder.#

Reversions shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall have no further force and effect.

(Ord. 99-791 Exh. A (part); prior code § 9-3.20)

11.86.210 - Monuments.#

A. Sufficiency of Monuments.#

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey.§

B. Required Monuments.#

The engineer or surveyor shall also set any additional monuments as may be set forth on those standard drawings which the City Engineer may prepare for the purpose of identifying subdivision monumentation requirements of the City.

C. Time of Setting.#

All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to the recordation of the final map.

(Ord. 99-791 Exh. A (part); prior code § 9-3.21)

11.86.220 - Grading and erosion control.#

Every map approved pursuant to the provisions of this title shall be conditioned for compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, set forth in the Uniform Building Code.§

(Prior code § 9-3.22)

11.86.230 - Merger of parcels.#

A.#

A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the zoning ordinance applicable to the parcels or units of land, and if all of the following requirements are satisfied:

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.
With respect to the affected parcel, one or more of the following conditions exists:

a. Comprises less than 5000 square feet in area at the time of the determination of merger§;

b. Was not created in compliance with applicable laws and ordinances 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 safety equipment access and maneuverability;

f. Its development would create health or safety hazards;

g. Is inconsistent with the applicable General Plan and any applicable specific plans, other than minimum lot size or density standards.

B.#

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

C.#

A merger of parcels becomes effective when the City causes to be filed for record with the Recorder of the County of San Bernardino a notice of merger specifying the names of the record owners and particularly describing the real property.

D.#

Prior to recording a notice of merger, the City shall cause to be mailed by certified mail to the then-current record owner 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 the merger ordinance, 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 Recorder of the County of San Bernardino on the date that notice is mailed to the property owner.

E.#

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 City a request for a hearing on determination of status.

F.#

Upon receiving a request for a hearing on determination of status, the City 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. 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 City and the property owner.

G.#

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this merger ordinance. At the close of the hearing, the Planning Commission 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 its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

H.#

If, within the 30-day period specified in subsection G of this section, the owner does not file a request for hearing in accordance with subsection E of this section, the Planning Commission 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 subsection C of this section no later than 90 days following the mailing of notice required by subsection F of this section.

I.#

If, in accordance with subsection G or H of this section, the Planning Commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in subsection C of this section a release of the notice of intention to determine status, recorded pursuant to subsection D of this section, and shall mail a clearance letter to the then-current owner of record.

(Ord. 99-791 Exh. A (part); prior code § 9-3.23)