Chapter 22.72 — FORCED MERGER AND UNMERGER OF PARCELS

(A) Pursuant to Cal. Gov't Code § 66451.11, the Director of Community Development may initiate the merger of a parcel or unit of land 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 the city's standards for minimum parcel size, as provided in the zoning ordinance, and if all of the following requirements are satisfied:

(1) 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.

• (2) With respect to any affected parcel, one or more of the following conditions exist:

• (a) Comprises less than 5,000 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 disposable and domestic water supply.

• (d) Does not meet slope stability standards.

• (e) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

• (f) Its development would create health or safety hazards.

• (g) Is inconsistent with the city's general plan or applicable specific plan pertaining to the property, with regard to standards other than minimum lot size or density limits.

(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) The requirements of this chapter shall not apply in any of these situations noted in Cal. Gov't Code § 66451.11. ('86 Code, § 22.72.010) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

Prior to recording a notice of merger, the Director of Community Development shall cause to be mailed by certified mail to the then current record owner of the property a notice of intent 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 that the property does not meet the criteria for merger. The notice of intention to determined status shall be filed for record with the County Recorder on the date that notice mailed to the property owner.

('86 Code, § 22.72.020) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

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 Community Development a request hearing on determination of status. ('86 Code, § 22.72.030) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

Upon receiving a request from the owner of the affected property, for a hearing on determination of status, the Director of Community Development 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 more than 60 days following the Director's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Director and this property owner.

('86 Code, § 22.72.040) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

(A) 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 chapter.

(B) At the conclusion 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 deter-mination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in § 22.72.010 of this chapter. A determination of merger shall be recorded within 30 days after conclusion of the hearing as provided for in § 22.72.0.90 of this chapter.

('86 Code, § 22.72.050) (Ord. 4120, passed - - )

The owner of the affected property or any other directly affected party, may file a written appeal of the action of the Planning Commission to the City Council. The appeal procedures shall be as specified for tentative parcel maps, as provided in § 22.24.110 of this title.

('86 Code, § 22.72.060) (Ord. 4120, passed - - )

If, within the 30 day period specified in § 22.68.030 of this chapter, the owner does not file a request for a hearing in accordance with § 22.72.030 of this chapter, 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 for in § 22.72.090 of this chapter no later than 90 days following the mailing of notice required by § 22.72.040 of this chapter.

('86 Code, § 22.72.070) (Ord. 4120, passed - - )

If, in accordance with §§ 22.72.050 or 22.72.070, the Planning Commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in § 22.72.090 a release of the notice of intention to determine status, recorded pursuant to § 22.72.020 and shall mail a clearance letter to the then current owner of record.

('86 Code, § 22.72.080) (Ord. 4120, passed - - )

A merger of parcels shall become effective when the Director of Community Development causes to be filed for record with the recorder of the county, a notice of merger specifying the name(s) of the record owner(s) and particularly describing the real property.

('86 Code, § 22.72.090) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984, the parcel meets all of the following criteria:

• (A) Comprises at least 5,000 square feet in area;

• (B) Was created in compliance with applicable laws and ordinances in effect at the time of its creation;

• (C) Meets current standards for sewage disposal and domestic water supply;

• (D) Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

• (E) Development of the parcel would create no health or safety hazards;

• (F) The parcel would be consistent with the city's general plan and any applicable specific plan, other than

provisions concerning minimum lot size or density standards. And, with respect to such parcel, none of the conditions listed in Cal. Gov't Code § 66451.30(b) exist.

('86 Code, § 22.72.100) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

(A) A property owner may submit a written application to the Department of Community Development, for a determination that the affected parcels have or have not merged. Such applications shall be accompanied by any other relevant information as requested by the Director of Community Development and the appropriate filing fee as established by resolution of the City Council.

(B) Upon receipt of a complete application, the Director of Community Development shall, within 30 days, set the matter for a public hearing before the Planning Commission, and shall so notify the property owner by certified mail. The hearing shall be conducted within 45 days following receipt of the complete application, but may be postponed or continued, with the mutual consent of the Director and the property owner.

(C) The Director of Community Development may seek a determination that certain parcels have or have not merged by setting the matter for a public hearing before the Planning Commission, and by notifying the property owner by certified mail. The hearing may be postponed or continued, with the mutual consent of the Director and the property owner.

('86 Code, § 22.72.110) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

(A) Upon a determination by the Planning Commission that the parcels meet the criteria specified in § 22.72.100, the Director of Community Development shall issue to the owner and record with the County Recorder, a notice of the status of the parcels, which identifies each parcel and which declares that the parcels are unmerged pursuant to this chapter.

(B) Upon a determination that the parcels have merged and do not meet the criteria specified in § 22.72.100, the Director of Community Development shall issue to the owner and record with the County Recorder, a notice of merger, as specified in § 22.72.090.

('86 Code, § 22.72.120) (Ord. 4120, passed - - ; Am. Ord. 4735, passed 5-14-18)

The owner of the affected parcels or any other directly affected party may file a written appeal of the Planning Commission action, to the City Council. The appeal procedure shall be as specified for tentative parcel maps, as provided in § 22.24.110 of this title.

('86 Code, § 22.72.130) (Ord. 4120, passed - - )