Chapter 7.33 — MERGER OF PARCELS

• (a) The Director is authorized to accept applications for the merger of two contiguous parcels or units of land with a contiguous parcel, or units of land held by the same owner if any one of the contiguous parcels or units of land held by the same owner does not conform to the standards for minimum parcel size, under the Zoning Code of the City applicable to the parcels or units of land, 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 exists:

    • (A) The parcel comprises less than 5,000 square feet in area at the time of the determination of merger.

    • (B) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

    • (C) The parcel does not meet current standards for sewage disposal and domestic water supply.

    • (D) The parcel does not meet slope stability standards.

    • (E) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

    • (F) The parcel development would create health or safety hazards.

    • (G) The parcel is inconsistent with the applicable general plan and any applicable specific plan, 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 as provided by Section 7.33.020.

• (c) The provisions of this Chapter shall not apply if any one of the following conditions exist:

  • (1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceable restricted open-space land pursuant to a contract, agreement, scenic restriction or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

  • (2) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104 of the Government Code or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code.

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City of Dana Point, CA

DANA POINT CODE

§ 7.33.010

§ 7.33.035

• (3) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the City.

• (4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral resource extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the City.

• (d) For purposes of Subsections (c)(3) and (c)(4) of this Section, "commercial mineral resource extraction site" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

• (Added by Ord. 95-03, 2/14/95)

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

(Added by Ord. 95-03, 2/14/95)

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 the standards specified on 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 recording with the County Recorder on the date that notice is mailed to the property owner. (Added by Ord. 95-03, 2/14/95)

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.

(Added by Ord. 95-03, 2/14/95)

Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 7.33.016, the City shall fix a time, date and place for a hearing to be conducted by the City Council or an advisory agency, and shall notify the property owner of that time, date and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner. (Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA § 7.33.035

SUBDIVISIONS

§ 7.33.050

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.

At the conclusion of the hearing, the City Council or an advisory agency 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 nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 7.33.010. A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 7.33.015. (Added by Ord. 95-03, 2/14/95)

If, within the 30 day period specified in Section 7.33.025, the owner does not file a request for a hearing in accordance with Section 7.33.035, the City 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 Section 7.33.015 no later than 90 days following the mailing of notice required by Section 7.33.020. (Added by Ord. 95-03, 2/14/95)

If, in accordance with Section 7.33.035 or 7.33.040 the City determines that the subject property shall not be merged, the City shall cause to be recorded in the manner specified in Section 7.33.015 a release of the notice of intention to determine status, recorded pursuant to Section 7.33.020 and shall mail a clearance letter to the then current owner of record. (Added by Ord. 95-03, 2/14/95)

• (a) The failure of the City to comply with the requirements of this Chapter for the merger of contiguous parcels or units of land held in common ownership shall render void and ineffective any resulting merger or recorded notice of merger and no further proceedings under the provisions of this Chapter shall be required for the purpose of sale, lease or financing of those contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this Chapter.

• (b) The failure of the City to comply with the requirements of any prior law establishing requirements for the merger of contiguous parcels or units of land held in common ownership, shall render voidable any resulting merger or recorded notice of merger. From and after the date the City determines that its actions did not comply with the prior law, or a court enters a judgment declaring that the actions of the City did not comply with the prior law, no further proceedings under the provisions of this Chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this Chapter.

• (Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA

SUBDIVISIONS

§ 7.34.010

§ 7.34.025