Chapter 19.38 — VOLUNTARY MERGER OF CONTIGUOUS PARCELS

Pursuant to Government Code Section 66499.20 3/4 and the provisions of this chapter, the director is authorized to accept applications for voluntary merger of parcels, and the subdivision committee may authorize the merger of a parcel or unit of land with a contiguous parcel or unit following a noticed hearing so long as the parcels or units of land meet the requirements set forth in this chapter and the merger is requested by the property owner as required herein. (Ord. 780 § 2, 1996)

Two contiguous parcels or units of land with a contiguous parcel may be merged pursuant to this chapter so long as title to both parcels are held by the same owner and either: (A) one of the contiguous lots does not conform to standards for minimum lot size or dimension specified by the zoning code applicable to the parcels or units of land; or (B) at least one of the lots or units meets one or more of the following requirements:

1. The parcel comprises less than five thousand square feet in area at the time of the determination of merger.

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

3. The parcel does not meet current standards for sewage disposal and domestic water supply.

4. The parcel does not meet slope stability standards.

5. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6. The parcel development would create health or safety hazards.

7. The parcel is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

8. The merger of the parcels would be in the best interests of the city and promote sound planning practices.

• (Ord. 780 § 2, 1996; Ord. 789 § 35, 1997)

Applicants shall contact the director to obtain an application for voluntary parcel merger. Applications for voluntary parcel merger shall be submitted to the director and must include all of the following items in the original application package:

• A. One copy of parcel merger application fully completed and signed;

• B. Three sets of the parcel merger plat signed by a land surveyor or registered civil engineer;

• C. Title reports for each parcel, current within the last six months;

• D. Closure/area calculations if necessary to substantiate record changes;

• E. Any other information deemed reasonable and necessary by the director or city engineer. (Ord. 780 § 2, 1996)

• A. Public hearings shall be required for the consideration of an application for voluntary merger. At a public hearing, the subdivision committee shall allow all interested persons an opportunity to address the subdivision committee on any matter pertaining to a proposed merger of parcels.

• B. Upon receiving a complete application for voluntary merger of parcels pursuant to Section 19.38.030 , the city shall fix a time, date and place for a hearing to be conducted by the subdivision committee, and shall notify the property owner of that time, date and place for the hearing by certified mail. The hearing shall take place at a regularly scheduled meeting of the subdivision committee or duly noticed special meeting when the matter has been duly placed on the committee's agenda. The hearing shall be conducted not more than sixty days following the receipt of the application for voluntary merger of parcels, but may be postponed or continued with the mutual consent of the city and the property owner.

• C. Where approval of a voluntary merger of parcels will constitute a substantial or significant deprivation of the property rights of other landowners, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within three hundred feet of the affected parcels to be merged by at least one of the following methods:

  1. Direct mailing to the owners;

  2. Posting of notice on and off the site in the area where the project is to be located;

  3. Delivery of notice by any means other than mail to the owners;

  4. Any other method or combination of methods reasonably determined to provide actual notice.

• (Ord. 780 § 2, 1996)

• A. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property meets the standards for merger specified in this chapter.

• B. At the conclusion of the hearing, the subdivision committee 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 19.38.020 of this chapter.

• (Ord. 780 § 2, 1996)

A determination of merger shall be recorded within thirty days after conclusion of the hearing. A merger of parcels becomes effective when the city causes to be filed for record with the county clerk/county recorder of the county of Orange a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 780 § 2, 1996)