§ 9207.27. Merger of Contiguous Parcels.

(a) Pursuant to Section 66451.11 of the Subdivision Map Act, the City may merge a parcel with a contiguous parcel held by the same owner if the City causes to be recorded with the County Recorder a notice of merger, if any one (1) of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size, and if the following requirements are satisfied:

• (1) At least one (1) 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;

• (2) With respect to any affected parcel, at least one (1) of the following conditions exists:

  • a. The parcel comprises less than five thousand (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's development if not merged with another parcel 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) Prior to recording a notice of merger, the property owner shall be mailed by certified mail a notice of intention to determine status. The notice of intention shall be recorded with the County Recorder on the same date. The notice of intention shall state that the affected parcels may be merged and advise the owner that he has thirty (30) days within which to request a hearing on determination of status and that at such hearing he will be given the opportunity to present evidence that the property does not meet the criteria for merger. 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. Unless otherwise agreed to by the Director and the property owner, the hearing shall be conducted within sixty (60) days following receipt by the City of such request. 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 and shall so notify the property owner. A determination of nonmerger may be made whether or not the affected parcels meet the standards of this Section.

(d) The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4 . An appeal shall be considered by the Council as provided in CMC § 9173.4 .

(e) If the owner does not request a hearing within thirty (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.

(f) A determination of merger shall be recorded with the county recorder within ninety (90) days of such determination if there is no hearing, or if a hearing is held, within thirty (30) days after the City's decision becomes final.

(Ord. 87-788 § 1)