§ 17.40

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one parcel or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this title.

(Ord. 635 N.S. § A (part), 1983)

Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the State Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are

held by the same ownership. No further proceedings under this chapter shall be required for the purpose of sale, lease of financing, except as provided by this chapter.

(Ord. 635 N.S. § A (part), 1983)

A.

Merger of parcels becomes effective when the city engineer files for record with the county recorder a notice of merger specifying the names of the record orders and particularly describing the real property. Prior to recording a notice of merger, the city engineer shall cause to be mailed by certified mail to the then current owner of the property, a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards of the city's codes 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 shall be filed for record with the recorder of the county of Santa Clara on the date that notice is mailed to the property owner.

B.

At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the city a request for a hearing on determination of status. Upon receiving such a request, the city shall fix a time, date and place for a hearing to be conducted by the city council 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 city's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the city and the property owner.

C.

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 this code. At the conclusion of the hearing, the city council 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. A determination of merger or a determination of nonmerger shall be recorded within thirty days after the conclusion of the hearing. If the city council makes the determination of nonmerger, the city engineer shall mail a clearance letter to the then current owner of record. A recorded determination of nonmerger shall constitute a release of the notice of intention to determine status recorded pursuant to this section.

D.

If, within the thirty-day period specified, the owner 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 determination of merger shall be recorded as provided herein no later than ninety days following the mailing of the notice required by Section 17.40.030(B).

E.

Except as provided in Sections 66451.195, 66451.301 and 66451.302 of the Subdivision Map Act, a merger shall not be effective if merged prior to January 1, 1984, unless the city recorded a notice of merger prior to January 1, 1986. In approving a merger, the city engineer may impose reasonable conditions. The conditions may be appealed within ten days of written notice of the conditions imposition to the city council in accordance with Section 17.20.130.

(Ord. 1143 N.S. § 47, 1993)

17.40.040 - Requests—Filing—Conditions—Appeal procedures.

A.

Upon request of the legal owner of contiguous parcels, the city engineer or authorized representative may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the city engineer's office.

B.

Upon approval, a notice of merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city engineer.

C.

In approving the merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within fifteen days of written notice of the conditions to the city council in accordance with Section 17.20.130 of this title.

(Ord. 635 N.S. § A (part), 1983)

Chapter 17.44 - REVERSIONS TO ACREAGE

Sections: