Imperial County Municipal Code Ch. 9 Lot Merger Initiated by the County

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 9, which pertained to the same subject matter, consisted of §§ 90809.00—90809.05, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Two or more contiguous parcels or units held by the same owner shall be considered merged if one of the parcels or units does not conform to the minimum parcel or lot size required by this Division and if all 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, and for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures.

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

1. Comprises less than six thousand (6,000) square feet in area (or in an agricultural zone, less than forty (40) acres) or is less than the minimum parcel size required for the existing zone.

2. Was not created in compliance with applicable laws and ordinances in effect of the time of its creation.

3. Does not meet the current standards for sewer and domestic water supply.

4. Does not meet the slopes stability standards.

5. Has no legal or physical access which is adequate for vehicle and safety equipment access and movability.

6. Development could create a health or safety hazard.

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

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

D. Subsection (C) shall not apply if any of the conditions provided in Government Code, Section 66451.11(b), (A), (B), (C), or (D) exist.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Prior to recording a Notice of Merger, the Planning and Development Services Department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcel may be merged pursuant to this Section, that, within thirty (30) days from the date notice of intention was recorded, the owner may request a hearing before the planning director to present evidence 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 by the Planning and Development Services Department on the same day that the notice is mailed to the property owner.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The owner of the affected property may file a written request for a hearing with the Planning and Development Services Department within thirty (30) days after recording the notice of intention to determine the status. Upon receipt of the request, the department shall set a time, date and a place for the hearing before the planning director and notify the owner by certified mail. The hearing shall be conducted within sixty (60) days following the receipt of the owner's request, and may be postponed or continued by mutual consent of the planning director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirement for merger specified in this Division.

At the conclusion of the hearing, the planning director shall determine whether the affected parcels are merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within five days of the date of the hearing.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

If the planning director reaches the determination that the parcels are to be merged, a notice of merger shall be filed for record with the County Recorder by the Planning and Development Services Department within thirty (30) days of the conclusion of the hearing, unless a decision has been appealed pursuant to this Division. The notice of merger shall specify the name and record owner and the description of property, assessor's parcel number, and address. The notice of merger under this Section shall be in the form approved by the planning director and shall be approved by the planning director prior to being filed for record with the County Recorder.

If the planning director makes determination that the parcels shall not be merged, a release of notice of intention to determine status shall be filed for record with the County Recorder by the Planning and Development Services Department within thirty (30) days after the planning commission's determination, and a clearance letter shall be mailed to the owner by the Planning and Development Services Department.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The determination of the planning director may be appealed to the planning commission within ten (10) calendar days of the date of mailing the notice of determination. The planning commission shall hear the appeal within sixty (60) days from the date of the appeal. If after the hearing the planning commission grants the appeals and determines that the affected parcels have not been merged pursuant to this Section, the Planning and Development Services Department shall within thirty (30) days after the planning commission's determination, file for record with the County Recorder a release a notice of intention to determine status and mail a clearance letter to the owner.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

If the property owner does not file a request for hearing within thirty (30) days after recording of the notice of intention to determine status the Planning and Development Services Department may at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be recorded within ninety (90) days after the mailing of the notice of intention to determine status.

(Ord. No. 1565, §§ 5, 6, 12-15-20)