Cupertino Municipal Code Ch. 18.40 Parcel Mergers

A parcel of land shall be merged with a contiguous parcel of land held by the same owner if one of the contiguous parcels held by the same owner does not conform to the standards for minimum parcel size for the applicable zone within the City and if all of the following requirements are satisfied:

A. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by a local agency, or which was built prior to the time such permits were required by the applicable local agency or is developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or parcels;

B. With respect to any affected parcel, one or more of the following conditions exist:

1. Comprise 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 of the City,

5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

6. Its development would create health and safety hazards,

7. Is inconsistent with the applicable general plan and any specific plan other than minimum lot size or density standards.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A merger of parcels becomes effective when the Director of Community Development causes to be filed for record with the County Recorder, a notice of merger specifying the names of the record owners and particularly describing the real property to be merged.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

Prior to recording a notice of merger, the Director of Community Development shall cause to be mailed by certified mail to the then current record owners of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Section 18.40.010, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing 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 on the date that notice is mailed to the property owner. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the Director of Community Development a request for a hearing on determination of status. If, within the thirty-day period, the owner does not file a request for hearing as described, the Director of Community Development may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided in Section 18.40.020, no later than ninety days following the mailing of the notice of intention to determine status.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. Upon receiving a request for a hearing on determination of status, the Director of Community Development shall fix a time, date and place for a hearing to be conducted by the Director of Community Development, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days nor more than sixty days following the City's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Director of Community Development 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 specified in Section 18.40.010.

C. At the conclusion of the hearing, the Director of Community Development 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 his or her determination. A determination of merger shall be recorded within thirty days after conclusion of the hearing, as provided for in Section 18.40.020. If the Director of Community Development determines that the subject property shall not be merged, he or she shall cause to be recorded in the manner specified in Section 18.40.020, a release of the notice of intention to determine status previously recorded and shall mail a clearance letter to the then-current owner of record.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

Any property owner of an affected property may, within ten days after notification of the Director of Community Development of his or her determination of merger as provided in Section 18.40.040, file a written request with the City Clerk for de novo hearing before the City Council. The hearing shall be held within thirty days from the filing of the request but may be postponed or continued with the mutual consent of the City Council and the property owner. The hearing will be conducted in the same manner as the hearing held before the Director of Community Development; provided, however, that the City Council may make a determination of nonmerger regardless of whether or not the affected property meets the standards for merger specified in Section 18.40.010 as long as such determination of nonmerger is consistent with the City's general plan and any applicable specific plan.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The ordinance codified in this chapter does not affect the validity of parcels which have previously been merged, and for which a notice of merger was recorded on or before January 1, 1984.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)