Madera County Municipal Code Ch. 17.78 Merger of Substandard Parcels

This chapter sets forth procedures for merger of parcels under the authority Article 1.5 (commencing at Section 66451.10) of Chapter 3 of Division 2 of Title 7 of the Government Code. This chapter is intended to implement those provisions of the Government Code and to conform thereto. In the event that the provisions of this chapter are inconsistent with those provisions of the Government Code, the latter shall control.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

Parcels may be merged under this chapter with a contiguous parcel held by the same owner if any one of the contiguous parcels does not conform to standards for minimum parcel size under the zoning ordinance (Title 18 of this code) applicable to the parcels of land and if all of 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 or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

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

1. Comprises 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 or domestic water supply;

4. Does not meet slope stability standards;

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

6. Its development would create health or safety hazards;

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

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

Subsection B of this section shall not apply if one of the following conditions exist:

1. On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably 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.

2. On July 1, 1981, one or more of the contiguous parcels or units of land is timber land as defined in subdivision (f) of Government Code Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Government Code Section 51201.

3. On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit.

4. On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued.

For purposes of paragraphs 3 and 4 of this subdivision, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. (Ord. 531 § 1(part), 1990).

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

A merger of parcels becomes effective when the zoning administrator 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.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

Prior to recording a notice of merger, the zoning administrator shall cause to be mailed by certified mail to the then-current record owner 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 17.78.020, 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 was mailed to the property owner.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file a request for a hearing on determination of status. The request shall be filed with the planning department.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

Upon receiving a request for a hearing on determination of status from the owner of the affected property the planning department shall forward the matter to the clerk of the board of supervisors. The clerk shall fix a time, date, and place for a hearing to be conducted by the board of supervisors, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than sixty days following the county's receipt of the property owners request for the hearing, but may be postponed or continued with the mutual consent of the county and the property owner.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Section 17.78.020. At the conclusion of the hearing, the board of supervisors 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 its determination. If the board of supervisors determine that the affected parcels are to be merged, then a notice of merger shall be recorded within thirty days after conclusion of the hearing pursuant to Section 17.78.030.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

If, within the thirty-day period specified in Section 17.78.050, the owner does not file a request for a hearing, the zoning administrator may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. If the zoning administrator determines that the affected parcels are to be merged, then a notice of merger shall be recorded as provided for in Section 17.78.030 no later than ninety days following the mailing of notice required by Section 17.78.040.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).

If, in accordance with Section 17.78.070 or 17.78.080, the board of supervisors or zoning administrator determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 17.78.030 a release of the notice of intention to determine status, recorded pursuant to Section 17.78.040, and shall mail a clearance letter to the then-current owner of record.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 531 § 1(part), 1990).