§ 16.44

The procedures set forth in this chapter are designed to conform to the standards authorized by

Government Code Sections 66451.10 through 66451.302 pertaining to the merger of contiguous parcels of land.

(Ord. 661 § 1 (1100.010), 1994)

16.44.020 - Requirement for merger of contiguous parcels.

A parcel of land may be merged with a contiguous parcel held by the same owner if all of the following requirements are satisfied:

A.

The affected parcels are held by the same owner as of the date the notice of intention to determine status may be recorded, as provided by Government Code Section 66451.13.

B.

One of the affected parcels does not conform to the property development regulations for minimum net area under the applicable zoning.

C.

Any of the affected parcels is one of the following:

1.

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

Developed only with an accessory structure; or

3.

Developed with a single structure (other than an accessory structure) that is partially sited on the contiguous parcel with which it is proposed to be merged (i.e., straddles a lot line).

D.

With respect to any affected parcel, one or more of the following conditions must exist; however, the same condition need not exist on each affected parcel:

1.

The net area of the parcel is less than five thousand (5,000) square feet in area at the time the merger is determined.

2.

The parcel was not created in compliance with applicable laws or ordinances in effect at the time of its creation.

3.

The parcel does not meet current standards for sewage disposal and domestic water supply.

4.

The parcel does not meet slope stability standards.

5.

The parcel does not have legal access which is adequate for vehicular and safety equipment access and maneuverability.

6.

The development of the parcel would create health or safety hazards.

7.

The parcel is inconsistent with the general plan, any applicable specific plan, or Title 17 of this code, in other than minimum net area or density standards.

(Ord. 661 § 1 (1100.020), 1994)

A.

The city council shall direct the city engineer to initiate the parcel map merger.

B.

The city engineer shall schedule the parcel merger for consideration by the development review committee pursuant to Chapter 16.08.

C.

Prior to recording a notice of merger, the city engineer shall send by certified mail a notice of intention to determine the status of the affected parcels to the then current owners of record. The notice of intention shall advise the owners of the following:

1.

The property is subject to merger by the city; and

2.

The property may be merged under the standards specified in this chapter; and

3.

The opportunity to request a hearing on the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger.

D.

The determination of status shall proceed as follows:

1.

Notice of intention to determine status shall be filed by the city engineer with the county recorder on the same date that the notice is mailed to the property owner.

2.

The owner of the affected property may file with the city a request for public hearing within thirty (30) days of recording the notice of intention with the county recorder.

3.

If within the thirty (30) day period, the owner does not file a request for public hearing, the city may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.

4.

Upon receiving the request for the public hearing by the owner, the city engineer shall notify the clerk to set the time and date and place for a hearing to be conducted by the city council and shall notify the property owner by certified mail of the public hearing. The hearing shall be conducted within sixty (60) days from the receipt of the property owner's request. The hearing date may be postponed or continued with the mutual consent of the city council and the property owner. (Sections 66451.14, 66454.15)

5.

At the hearing, the property owner shall be given the opportunity to present evidence that the affected parcels do not meet the requirements for merger specified in this chapter. At the conclusion of the hearing, the city council shall determine whether the affected parcels are to be merged or are not to be merged, and shall notify the owner of its determination. (Section 66451.16)

6.

Recordation of Notice of Merger. A merger of parcels becomes effective when the city engineer files for recordation with the county recorder a notice of merger specifying the names of the record owners and describing the real property to be recorded within thirty (30) days after conclusion of the hearing. (Section 66451.16)

7.

Determination of Merger Where No Hearing Requested. If, within the thirty (30) day period after recordation of the notice of intention to determine status, the owner of the affected parcel does not file a request for a hearing, the city council may at any time thereafter make a determination that the affected parcels are to be merged or are not to be merged. A notice of merger shall be recorded no later than ninety (90) days after the date when the city engineer mailed the notice of intention to determine status. (Section 66451.17)

8.

Determination Not to Merge. If the city council determines that the subject parcels are not to be merged, the city engineer shall record with the county recorder a release of the notice of intention to determine status and shall send by certified mail a clearance letter to the then current owner of record. (Section 66451.18)

(Ord. 661 § 1 (1100.030), 1994)