Fresno County Municipal Code Ch. 17.74 Merger Ordinance

This chapter shall be known as and may be cited as the merger ordnance of the county, and is necessary to provide for the merger of contiguous nonconforming parcels.

(Ord. 91-039, § 1)

Pursuant to the authority conferred by Sections 66451.10 through 66451.21 of the Government Code of the state of California, and in addition to any other regulations provided by law, the regulations in this chapter contained are established herewith and shall apply to the merger of contiguous nonconforming lots or parcels of land wholly or partially within the unincorporated area of the county.

(Ord. 91-039, § 1)

A lot or parcel of land may be merged with a contiguous lot or parcel held by the same owner if all of the following conditions exist:

A. The affected parcels are held by the same owner as of the date the notice of intention to determine status is recorded, as provided by Section 17.74.060 of this chapter;

B. At least one of the affected parcels does not conform to standards for minimum lot area or lot dimensions under the applicable zoning district for that parcel;

C. 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(s), or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel;

D. With respect to any affected parcel, one or more of the conditions set forth in Section 17.74.040 or Section 17.74.050 is met.

(Ord. 91-039, § 1)

In addition to the requirements of Section 17.74.030, in order for affected parcels to be merged, one or more of the following conditions must exist with respect to each parcel:

A. It comprises a lot area of less than five thousand square feet;

B. It did not comply with all applicable laws and ordinances in effect at the time of its creation;

C. It does not meet current standards for sewage disposal, domestic water supply or slope stability;

D. It does not have legal access which is adequate for vehicular and safety equipment access and maneuverability as required for new parcels by Chapter 15.60 of Title 15 of this Ordinance Code;

E. It is inconsistent with the general plan or applicable specific plan other than minimum lot size or density standards;

F. Its development would create health or safety hazards.

(Ord. 91-039, § 1)

In addition to the requirements of Section 17.74.030, one or more contiguous parcels may be merged if the following conditions exist with respect to each parcel or any one of them:

A. On or before July 1, 1981 one of the affected parcels was enforceable restricted open-space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code of the state of California;

B. On July 1, 1981 one of the affected parcels was timberland, or was land devoted to an agricultural use;

C. On July 1, 1981 one of the affected parcels was located within two thousand feet of an existing commercial mineral extraction site, or a future commercial mineral extraction site for which a use or other permit authorizing said extraction has been issued by the county.

(Ord. 91-039, § 1)

1. "Agricultural commodity" means any and all plant and animal products produced for commercial purposes.

2. "Agricultural use" means the use of land for the purpose of producing an agricultural commodity for commercial purposes.

3. "Timberland" means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen cubic per acre.

(Ord. 91-039, § 1)

The director of the public works and development services department shall serve as the advisory agency for the purposes of administering provisions of this chapter.

(Ord. 91-039, § 1)

A. Prior to recording a notice of merger by the advisory agency, said agency shall cause to be mailed by certified mail to the current record owner of the affected property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in this Chapter. Such notice shall afford the owner thirty calendar days to request a hearing before the advisory agency on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice shall be filed with the office of the county recorder on the date the notice is mailed to the property owner.

B. In the event a written request for hearing is received by the advisory agency within thirty days of the recording of the notice described in subsection A, the property owner shall be noticed of the time, date and place of the hearing on determination of status by certified mail within sixty days of receipt of said request but may be postponed or continued with the mutual consent of the property owner and the county.

C. A decision on the proposed merger shall be rendered by the advisory agency at the conclusion of the hearing.

D. The affected property owner may, within fifteen days of the advisory agency decision, appeal that decision to the board of supervisors. Such appeal shall be made in writing and shall state the grounds upon which it is based. The board of supervisors shall conduct a hearing on such appeal and render its decision after the close of such hearing.

(Ord. 91-039, § 1)

A. The advisory agency or the board of supervisors after appeal shall cause a notice of merger specifying the names of the record owners and particularly describing the real property to be recorded within thirty days after conclusion of the hearing determining that the affected parcels have merged.

B. In the event no hearing is requested as provided for in Section 17.74.060(B) and a determination is made to merge the affected parcels, the advisory agency or the board of supervisors after appeal shall cause a notice of merger to be recorded within ninety days following the mailing of the notice provided for in Section 17.74.060(A).

(Ord. 91-039, § 1)

In the event the advisory agency or the board of supervisors after appeal determines that the affected parcels have not merged, the advisory agency or the board of supervisors after appeal shall cause a release of the notice of intention to determine status, recorded pursuant to Section 17.74.060, to be recorded and shall mail a clearance letter to the then current owner of record.

(Ord. 91-039, § 1)