Chapter 18.78 — Nonconforming Parcels

Sections:

18.78.010 – Nonconforming Parcels – Legal Building Sites 18.78.020 – Subdivision of a Nonconforming Parcel

18.78.030 – Merger of Nonconforming Parcels

A single nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of the Development Code is a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.

• A. Approved Subdivision. The parcel was created by a recorded subdivision;

• B. Individual Parcel Legally Created by Deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the provision which made the parcel nonconforming;

• C. Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or

• D. Partial Government Acquisition. The parcel was created in compliance with the provisions of the Development Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 75 percent

No subdivision shall be approved which would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

Nonconforming contiguous parcels held by the same owner shall be involuntarily merged if one or more of the parcels does not conform to the minimum parcel size to allow use or development in compliance with the Development Code and in compliance with Section 18.56.040 and Government Code Section 66451.11.

East Palo Alto Development Code, Title 18

11

August 2018