SEC. 28.16. - Applicability.

Contiguous parcels or units of land that do not conform to the standards for minimum lot size under the zoning ordinance of the city may be merged in accordance with this article or by other methods in this chapter, such as with the recording of a parcel map or a lot line adjustment, and the Subdivision Map Act.

(Ord. No. 3.22, § 1, 4/12/22.)

A parcel or unit of land may be merged with a contiguous parcel or unit of land pursuant to the procedures set forth if all of the following conditions are met:

a.

All of the parcels or units of land are held by the same owner.

b.

One (1) of the parcels or units of land does not conform to the standards for minimum lot size under the zoning ordinance of the city.

c.

One (1) of the parcels or units of land is either:

1.

Undeveloped where there is no structure for which a building permit was issued or for which a building permit was not required at the time of construction.

2.

Developed only with an accessory structure or structures.

3.

Developed with a single structure, other than an accessory structure, that is sited over the common lot line of the contiguous parcels or units of land to be merged.

d.

One (1) or more of the following conditions exist:

1.

One (1) of the parcels or units of land comprises less than five thousand (5,000) square feet in area at the time of determination of merger.

2.

One (1) of the parcels or units of land 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 sewer disposal and domestic water supply.

4.

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

5.

Its development would create health and safety hazards.

6.

Is inconsistent with the applicable general plan and any applicable precise plan other than minimum lot size or density standards.

Subsection d. shall not apply if one (1) or more of the parcels or unit of land is enforceably restricted open space land on or before July 1, 1981, land devoted to an agricultural use on or before July 1, 1981 or other land, as further defined in Paragraphs (A) through (E), inclusive, of Section 66451.11 of the Subdivision Map Act.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

A complete application for a request for merger shall be filed by the owner or owner's representative with the community development department on forms furnished by the community development department. The application shall include a legal description and plat of the affected parcels or units of land.

b.

At the time of filing an application for a request for merger, the applicant shall pay a processing fee, the amount of which shall be set by resolution or ordinance of the city council.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

Upon receipt of a complete application, the community development director or designee shall mail, 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 this article and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

b.

The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

(Ord. No. 3.22, § 1, 4/12/22.)

At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the community development director or designee a request for hearing on determination of status.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 28.16.20, the community development director or designee shall fix a time, date and place for a hearing to be conducted by the subdivision committee and shall notify the property owner of that time, date and place for the hearing by certified mail.

b.

The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner's request for the hearing but may be postponed or continued with the mutual consent of the subdivision committee 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 article.

d.

At the conclusion of the hearing, the subdivision committee 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.

e.

A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing, as provided for in Section 28.16.35.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

If, within the thirty (30) day period specified in Section 28.16.20, the owner does not file a request for hearing, the subdivision committee may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.

b.

A determination of merger shall be recorded, as provided for in Section 28.16.35, no later than ninety (90) days following the mailing of notice of intention to the property owner.

(Ord. No. 3.22, § 1, 4/12/22.)

If the subdivision committee determines that the subject property is to be merged, a notice of merger specifying the names of the record owners and describing the real property shall be filed for record with the county record. A merger of parcels becomes effective when the notice of merger is recorded.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

If the subdivision committee determines that the subject property is not to be merged, a letter shall be mailed to the applicant stating that the merger application has been denied.

b.

A notice of nonmerger shall be filed for record with the county recorder to release the notice of intention to determine status that was previously recorded on the property. The notice of nonmerger shall specify the names of the record owners and shall particularly describe the real property.

c.

Pursuant to Section 66451.16 of the Subdivision Map Act, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 28.16.05.

(Ord. No. 3.22, § 1, 4/12/22.)

ARTICLE XII. - VESTING TENTATIVE AND PRELIMINARY PARCEL MAPS