Bell Municipal Code Ch. 16.08 Parcel Mergers

Two or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by the city zoning code, and if all of 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 sited on a contiguous parcel or unit.

B. With respect to any affected parcel, one or more 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 general plan and any applicable specific plan, other than minimum lot size or density standards.

C. For purposes of determining whether contiguous parcels 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 Section 16.08.020.

D. Subsection B of this section shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C) or (D) (as those sections may be amended or revised) of the Subdivision Map Act exist.

(Prior code § 7050; Ord. 1109 § 1, 1996)

Prior to recording a notice of merger, the department of development services shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the notice of intention was recorded, the owner may request a hearing before the planning commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder by the department of development services on the same day that the notice is mailed to the property owner.

(Prior code § 7051; Ord. 1109 § 1, 1996)

A. The owner of the affected property may file a written request for a hearing with the department of development services within 30 days after recording of the notice of intention to determine status. Upon receipt of the request, the department of development services shall set a time, date and place for a hearing before the planning commission and notify the owner by certified mail. The hearing shall be conducted within 30 days following the receipt 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 requirements for merger specified in this chapter.

C. At the conclusion of the hearing, the planning commission shall recommend whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the recommendation. At the conclusion of the planning commission hearing the director of development services shall set a hearing to determine status before the city council which shall be conducted within 30 days thereafter. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. At the conclusion of the hearing, the city council shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department of development services within five days of the date of the hearing.

(Prior code § 7052; Ord. 1109 § 1, 1996)

A. If the city council makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department of development services within 30 days of the conclusion of the hearing, unless the decision has been appealed. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under this title shall be in a form approved by the development services department and shall be approved by the director of the department prior to being filed for record with the county recorder.

B. If the city council makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the department of development services within 30 days after the city council determination, and a clearance letter shall be mailed to the owner by the department of development services.

(Prior code § 7053; Ord. 1109 § 1, 1996)

If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive in writing the right to a hearing before the planning commission and the city council and to all notices required by this title. Upon receipt of such waiver, the department of development services shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger. Owners initiating a merger of contiguous parcels will be required to pay the same processing fee as is imposed upon applicants for tentative parcel maps.

(Prior code § 7054; Ord. 1109 § 1, 1996)

Any parcel for which a notice of merger has not been recorded shall be deemed not to have been merged if on January 1, 1984, the parcel meets each of the following criteria:

A. Contains 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. Meets slope density standards;

E. Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

F. Its development would create no health or safety hazards;

G. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

(Prior code § 7055; Ord. 1109 § 1, 1996)