Camarillo Municipal Code Ch. 18.95 Merger of Parcels

The purpose of this section and the following sections relating to merger of parcels is to provide a procedure by which two or more contiguous parcels or units of land held by the same owner may be merged. This procedure is adopted pursuant to Sections 66451.10 through 66451.21, inclusive, of the California Government Code, and this Code.

(Ord. 608 § 2 (part), 1986.)

A. The provisions and procedures set forth herein for the merger of parcels shall be applicable to two or more contiguous parcels of land held by the same owner where:

1. The city initiates the merger;

2. The parcels were created under the provisions of the Camarillo Municipal Code regulating subdivisions (Sections 18.01, et seq.) or any prior state law or ordinance regulating the division of land, or which were not subject to any prior law regulating the division of land; and

3. At least one of the contiguous parcels or units of land held by the same owner does not conform to standards for minimum parcel size to permit use or development under the city's zoning ordinance.

B. Nothing in the provisions relating to the merger of parcels is meant to abrogate or limit the authority of the city or a subdivider with respect to the following procedures within the Subdivision Map Act:

1. Lot line adjustments;

2. Amendment or correction of a final or parcel map;

3. Reversions to acreage;

4. Exclusions; or

5. Tentative, parcel or final maps which create fewer parcels.

C. Nothing in the provisions relating to merger of parcels shall be construed or interpreted to prohibit the sale, lease or financing of such contiguous parcels of land, or any of them, where the same have not been merged pursuant to the procedure set forth herein.

(Ord. 656 § 2, 1988: Ord. 608 § 2 (part), 1986.)

Any two or more contiguous parcels or units of land held by the same owner which are subject to the merger procedures set forth as provided in Section 18.95.020 of this chapter may be merged 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 five thousand 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. The requirements set forth in subsection B of this section shall not be applicable if any of the conditions set forth in Section 66451.11(b)(A) through (E) of the California Government Code exist.

(Ord. 608 § 2 (part), 1986.)

For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded pursuant to Section 18.95.050 of this chapter.

(Ord. 608 § 2 (part), 1986.)

Whenever the director of planning and community development has knowledge that real property may be merged pursuant to the merger provisions of this chapter, he shall:

A. Mail by certified mail to the then current record owner of the property a notice of intention to determine status. Such notice shall state that:

1. The affected parcels may be merged pursuant to the merger provisions of Sections 18.95.010 through 18.95.100, inclusive of this chapter,

2. The owner may file a request with the planning and community development department any time within thirty days after the date the notice of intention to determine status is recorded for a hearing before the planning commission and may present evidence at the hearing that the property does not meet the requirements for merger, and

3. That the notice of intention to determine status was filed for recording with the county recorder's office on the same date such notice was mailed to the property owner; and

B. File for record with the county recorder's office, on the same date that the notice is mailed to the property owner, the notice of intention to determine status.

(Ord. 608 § 2 (part), 1986.)

A. Upon receipt of a request for a hearing on determination of status, the director of planning and 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 sixty days following the receipt of the property owner's request thereof, but may be postponed or continued with the 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 as set forth in Sections 18.95.020 and 18.95.030 of this chapter.

C. At the conclusion of the hearing, the planning commission shall make a determination as to whether the affected parcels are to be merged and shall notify the owner of its determination as soon thereafter as practicable, but no later than five working days after the determination has been reached. If such notification cannot be made at the time of the hearing to the owner in person, the notification shall be made by certified mail.

The planning commission may, at the close of the hearing, determine that the parcels are not to be merged notwithstanding the fact that the affected parcels have met all the requirements set forth in Sections 18.95.020 and 18.95.030 of this chapter for a merger.

(Ord. 678 § 36, 1989; Ord. 608 § 2 (part), 1986.)

A. If the planning commission determines that the affected parcels are merged, the director of planning and community development shall file for record with the county recorder's office a notice of merger specifying the names of the record owners and particularly describing the real property to be merged.

B. The notice of merger shall be filed no later than thirty days after the conclusion of the hearing on determination of status, unless a timely appeal from the commission's determination is filed pursuant to Section 18.95.100 of this chapter.

C. A merger of parcels becomes effective on the date the notice of merger is duly filed with the county recorder's office.

(Ord. 608 § 2 (part), 1986.)

If the planning commission determines that the affected parcels are not to be merged, the director of planning and community development shall:

A. File for record with the county recorder's office a release of the notice of intention to determine status, recorded pursuant to Section 18.95.050 of this chapter, specifying the names of the record owners and particularly describing the real property to be merged; and

B. Mail a clearance letter to the then current owner of record;

C. The release and clearance letter shall be filed and mailed, respectively, within five working days of the date of the planning commission's determination.

(Ord. 608 § 2 (part), 1986.)

If the property owner fails to file a request for heating within the thirty-day period as provided in Section 18.95.050 of this chapter, the planning commission may, at any time thereafter, make a determination as to whether the affected parcels are to be merged.

A. If the planning commission makes a determination of merger, the director of planning and community development shall file a notice of merger no later than ninety days after the mailing of the notice of opportunity for hearing as provided in Section 18.95.050 of this chapter, and shall notify the property owner of such determination by certified mail.

B. If the planning commission makes a determination of nonmerger, the director of planning and community development shall follow the procedure set forth in Section 18.95.080 of this chapter.

(Ord. 608 § 2 (part), 1986.)

A. The property owners, a member of the city council or any interested person adversely affected by a decision of the planning commission with respect to the merger, may within ten days of such decision, file an appeal with the secretary of the planning commission. The city council shall consider the appeal within thirty days. This appeal shall be a public heating with notice being given pursuant to Section 18.10.080 and with additional notice to be given to the property owner. Upon conclusion of the public hearing, the city council shall within ten days declare its findings. The city council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are consistent with the provisions of this chapter or the state Subdivision Map Act.

B. All decisions of the planning commission regarding the merger or nonmerger of parcels shall be final, unless appealed from as prescribed in this section, or until any condition precedent to its effectiveness has been fulfilled, whichever is later in time.

C. If the city council affirms the decision of the planning commission or the action of the commission becomes final, the director of planning and community development shall, within thirty days of the decision of the city council, file for record a notice of merger with the county recorder's office, and mail a copy of such notice to the property owner.

D. If the city council reverses the decision of the planning commission, the director of planning and community development shall, within thirty days of the decision of the city council, file for record a release of the notice of intention to determine status with the county recorder's office, and mail a copy of such release to the property owner.

(Ord. 608 § 2 (part), 1986.)