Article 12 — Merger of Contiguous Parcels

Pursuant to Section 66451.11 of the Subdivision Map Act, the City may merge a parcel or unit 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 riot conform to standards for minimum parcel size, and if the following requirements are satisfied:

• (a) 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 located on a contiguous parcel or unit;

• (b) With respect to any affected parcel, at least one of the following conditions exists:

  • (1) Comprises 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;

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

  • (6) Its development would create health or safety hazards;

  • (7) Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

• (c) For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this article.

• (d) Subsection (b) shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), (D), or (E) of the Subdivision Map Act exist.

• (Ord. 422, § 1)

Prior to recording a Notice of Merger, the City shall mail, by certified mail, a Notice of Intention to Determine Status to the owner of the affected property. The Notice of Intention shall be recorded with the County Recorder on the same date. The notice shall state that the affected parcels may be merged and advise the owner that he or she has 30 days within which to request a hearing on determination of status before the Planning Commission and that at the hearing the owner will be given the opportunity to present evidence that the property does not meet the criteria for merger. (Ord. 422, § 1)

If the merger of contiguous parcels or units is initiated by the property owner, the owner may waive in writing the right to a hearing before the Planning Commission and to all notices required by this article. Upon receipt of such waiver, the Department shall simultaneously file with the County

Recorder the Notice of Intention to Determine Status, and the waiver of right of hearing and notice, and also may file the Notice of Merger. Each owner who initiates the merger shall pay to the City the fee established by resolution of the City Council for processing merger applications. (Ord. 422, § 1)

• (a) The owner of the affected property may file a written request for a hearing before the Planning Commission with the Planning Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receiving a request for a hearing, the Director shall set a time, date and place for a hearing to be conducted by the Commission and shall notify the property owner by certified mail. The hearing shall be conducted within 60 days following receipt by the City of the owner's request, or may be postponed or continued by mutual consent of the Planning Commission and the property owner.

• (b) 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.

• (c) At the conclusion of the hearing, the Commission shall make a determination that the affected parcels are to be merged or are not to be merged. A determination of nonmerger may be made whether or not the affected parcels meet the standards of this section. The City shall mail a Notice of Determination to the property owner within five business days of the date of the Commission's determination.

• (d) The decision of the Commission shall become effective and final 15 days after the date of its action unless an appeal is filed in accordance with Artesia Municipal Code Section 9-2.1901 . An appeal shall be considered by the City Council as provided in Artesia Municipal Code Sections 9-2.1901N9-2.1903.

• (e) If the owner does not request a hearing within 30 days as provided in this section, the City may then make a determination that the parcels are to be merged or are not to be merged.

• (Ord. 422, § 1)

If it is determined that the parcels are to be merged, the City shall file a Notice of Merger with the County Recorder within 90 days of the date of mailing of the Notice of Intention to Determine Status, if there is no hearing; or if a hearing is held, within 30 days after the City's final decision. The Notice of Merger shall specify the name(s) of the record owner of the property and a description of the property. A merger of parcels shall become effective when the City records the Notice of Merger with the County Recorder.

If the City makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed by the City with the County Recorder within 90 days of the date of mailing of the Notice of Intention to Determine Status, if there is no hearing; or if a hearing is held, within 30 days after the City's final decision. (Ord. 422, § 1)