Napa County Municipal Code Ch. 17.48 Merger of Parcels

This chapter is enacted pursuant to Government Code Sections 66451.10 through 66451.33 and Section 7 of Article 11 of the Constitution of the state of California.

(Ord. 854 § 2 (part), 1987: prior code § 11695)

When used in this chapter, the following terms shall have the following meanings:

"Accessory structure" means a detached subordinate structure the use of which is incidental to that of the main structure on the same lot, or to the use of the land.

"Approved water supply system" means a water supply system as defined in Chapter 13.04 of the Napa County Code.

"Contiguous" means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility fees or easements, or railroad rights-of-way.

"County hearing officer" means a person appointed pursuant to Government Code Section 27720 et seq. and Chapter 2.22 of this code.

"Fire official" means the chief of the fire protection district in which the building site is located, or for locations not within such a district, the county fire marshal.

"Merger" means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into one building site pursuant to this chapter. Parcels or units may include land division or subdivision lots or portions thereof, assessor's tax parcels, or lots or portions thereof created by deed.

"Merger by operation of law" means the merger of parcels by or through the law without direct action by the county or property owner. As used in this chapter, "merged by operation of law" refers to the merger of parcels pursuant to the provisions of the State Subdivision Map Act and the Napa County Code in effect prior to January 1, 1984.

"Minimum parcel size" means the minimum size to permit development under established zoning, subdivision or other county codes.

"Same Owner." Contiguous parcels or units of land may be considered to be held by the same owner where any of the following apply:

1. The persons or entities designated as the grantees on the respective deeds or other conveyances are identical or would be identical except for spelling inconsistencies, the substitution of an initial for a portion of a name, the inadvertent deletion of a first, middle, or last name, or the use of a name not the legal name of the grantee at the time of the conveyance;

2. The same individuals or entities would have qualified as the same owner under subsection (A) at one point in time, but at some later point in time a transfer of one of the parcels or units of land was made without consideration; provided, however, that gifts to blood, step or adoptive relatives of the grantor, or charitable institutions, which were reported as gifts pursuant to state and federal taxation laws shall not be considered as transfers made without consideration;

3. The same individuals or entities would have qualified as the same owner under subsection (A), but at some later point in time a transfer of a fractional interest in one or more of the parcels or units of land occurred for the purpose of circumventing the merger statutes; or

4. Subsections (1) through (3) do not apply but based on existing facts and circumstances it is reasonable to conclude the parcels are under the same ownership.

Unless it is clear the motivation for the change in ownership was for the purpose of circumventing the merger statutes or this chapter, "Same Owner" shall not include the following:

a. One parcel or unit of land is held by an individual and a contiguous parcel or unit of land proposed for merger is held by a corporation or partnership even if said individual has a financial interest in the corporation or partnership;

b. One parcel or unit of land is held by a spouse as separate property and both spouses hold as community property a contiguous parcel or unit of land proposed for merger;

c. One parcel or unit of land is held by an irrevocable trust and any contiguous parcel proposed for merger is held by a separate irrevocable trust, an individual, a corporation or a partnership;

d. The fee title of the contiguous parcels or units of land are held by the same owner but recorded deeds of trust, mortgages or the like involving the parcel or unit of land are held by separate financial institutions; or

e. Subsections (1) through (4) do not apply but based on existing facts and circumstances it is reasonable to conclude the parcels are not under the same ownership.

(Ord. 1098 § 1, 1996: Ord. 854 § 2 (part), 1987: prior code § 11695.10)

A. Except as otherwise provided in this chapter, two or more contiguous parcels or units of land shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner if the parcels:

1. Were created pursuant to the provisions of the Subdivision Map Act, or any prior law regulating the division of land, and Title 17 of the Napa County Code, or any prior ordinances regulating the division of land, if any; or

2. Were not subject to provisions of the Subdivision Map Act or the county code, or any prior ordinances regulating the division of land, if any, at the time of their creation.

B. If such creation has occurred, no further proceeding under the provisions of this title shall be required to permit the sale, lease or financing of such contiguous parcels or units of land; provided, however, that all such legal parcels may be merged in accordance with the provisions of this chapter.

(Ord. 854 § 2 (part), 1987: prior code § 11695.20)

A. On or after January 1, 1984, two or more contiguous parcels or units of land held by the same owner or owners shall be subject to merger if any one of the contiguous parcels or units of land does not conform to the standards for minimum parcel size of the zoning district in which the parcels or units of land are located, and if all of the following requirements are satisfied:

1. At least one of the affected parcels or units of land 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 of land; and

2. With respect to any affected parcel or unit of land, one or more of the following conditions exist:

a. The affected parcel or unit of land comprises less than five thousand square feet in area at the time the notice of intention to determine status was recorded,

b. The affected parcel or unit of land was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. The affected parcel or unit of land does not meet current standards for sewage disposal and domestic water supply, as set forth in Chapter 13.04 of Division I, and Chapters 13.16 through 13.56 of Division II, of Title 13 of this code. For purposes of this subsection:

i. If an approved water supply system does not exist on an affected parcel or unit of land on the date the notice of intention to determine status is recorded, it shall be presumed the parcel does not meet current standards for domestic water supply.

ii. Notwithstanding the immediately preceding subsection, if affected parcels or units of land are served by an existing individual water supply system that is not an approved water supply system on the date the notice of intention to determine status is recorded, it shall be presumed the parcel does not meet current standards for domestic water supply unless both the minimum sustained yield, and the minimum storage capacity standards, contained in Sections 13.04.060 and 13.04.090, were met on the date the notice of intention to determine status was recorded.

iii. If an approved sewage disposal system does not exist on an affected parcel or unit of land, or an application for an individual sewage system has not been approved on the date the notice of intention to determine status was recorded, it shall be presumed the parcel or unit of land does not meet current standards for sewage disposal.

d. The affected parcel or unit of land has slope stability or other geologic hazards as shown on the Napa County Environmental Sensitivity Maps which cannot be mitigated to an acceptable degree for development. It shall be presumed that slope instability or geologic hazards impacting an affected parcel or unit of land are not capable of being mitigated to an acceptable degree for development unless a geologic investigation or other geologic report submitted by the owners of the parcels proposed to be merged indicates otherwise;

e. As of the date the notice of intention to determine status is recorded the affected parcel or unit of land has no legal access which is adequate for vehicular and safety equipment access and maneuverability. For purposes of this subparagraph, if a parcel or unit of land does not have at least sixty feet of frontage on a constructed road which meets or exceeds the applicable standards set forth in the Napa County Road and Street Standards, as amended, it shall be presumed the parcel does not have legal access which is adequate for vehicular and safety equipment access and maneuverability. It shall be presumed that a parcel with the required sixty feet of frontage has legal access which is adequate for vehicular and safety equipment access and maneuverability, unless evidence is presented at the hearing by the director of planning, a fire official, or their designees that, despite sixty feet of frontage, it is not possible for either a standard passenger vehicle or safety equipment to enter the property from any designated roadway;

f. Development of the affected parcel or unit of land would create health or safety hazards;

g. Development of the affected parcel or unit of land would be inconsistent with the general plan or any applicable specific plans, other than minimum lot size or density standards; and

3. At the time the parcel or unit of land was created, any one of the following conditions exist:

a. One of the affected parcels or units of land proposed to be merged was created prior to the effective date of Napa County Subdivision Ordinance No. 193 (i.e., December 29, 1955), and at the time of its creation, or at the time the notice of intention to determine status was recorded, contained less than forty acres; or

b. The proposed creation of one of the affected parcels or units of land proposed to be merged was authorized by the county subsequent to December 29, 1955, as a result of the approval of a tentative parcel or subdivision map, but that approval also included a finding to the effect that the purpose of the approval was to accomplish the transfer of property but was not intended to result in the creation of any new parcel, and the parcel or unit of land so approved was thereafter created by parcel map or deed; or

c. The parcel or unit of land was created in violation of applicable laws and ordinances in effect at the time of its creation.

B. For purposes of determining whether contiguous parcels or units of land are held by the same owners, ownership shall be determined as of the date that a notice of intention to determine status is recorded pursuant to Section 17.48.060.

C. Subsection (A)(2) of this section shall not apply if any 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 timberland, as defined in subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code,

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 issued by the county, or

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 by the county.

D. For purposes of subsections (C)(3) and (C)(4) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 1098 § 2, 1996: Ord. 1058 § 6, 1994; Ord. 1012 § 5, 1992; Ord. 854 § 2 (part), 1987: prior code § 11695.30)

(Ord. No. 1379, § 137, 1-29-2013)

A merger of parcels or units of land 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 owner(s) and particularly describing the real property that is the subject of the merger.

(Ord. 854 § 2 (part), 1987: prior code § 11695.31)

A. Whenever the director of planning believes that real property is subject to merger pursuant to the provisions of this chapter, the director 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 or units may be merged pursuant to the standards set forth in Section 17.48.040. The notice shall also advise 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 shall also inform the owner or owners that the director of planning or his designee is authorized to make a determination of merger or nonmerger in accordance with Sections 17.48.090 and 17.48.100, based on information available from county records, in the event that a request for hearing is not filed within thirty days pursuant to subsection (A) of Section 17.48.070 of this chapter.

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

(Ord. 854 § 2 (part), 1987: prior code § 11695.32)

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

B. Upon receiving a request for a hearing from an owner of property subject to merger, the director of planning shall fix a time, date and place for a hearing to be conducted by the county zoning administrator, and shall notify the property owner of same by certified mail. The hearing shall be conducted not more than sixty days following the receipt by the director of planning of the property owner's request for hearing, but may be postponed or continued with the mutual written consent of the director of planning and the property owner.

C. At the hearing, the property owner shall be given the opportunity to present evidence that the affected property does not meet the standards for merger set forth in Section 17.48.040.

D. At the conclusion of the hearing, the zoning administrator shall make a determination that the affected parcels are to be merged, or are not to be merged, and shall notify the owner of the determination by mail.

E. If the zoning administrator determines the parcels have merged, a notice and determination of merger shall be recorded following the expiration of the ten-day appeals period established by Section 17.48.110 but not more than thirty days following the conclusion of the hearing; provided, however, that if an appeal of the zoning administrator's decision is filed in a timely manner the notice and determination of merger shall not be filed pending a final determination of merger by the board.

F. If the zoning administrator determines the subject property shall not be merged, the zoning administrator shall cause to be recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record of said property.

G. If, within the thirty-day period specified in subsection (A) of this section, 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 or units of land are to be merged, or are not to be merged, and record a notice and determination of merger; provided, however, that the notice and determination of merger shall be recorded no later than ninety days following the mailing of the notice of intention to determine status.

(Ord. 1098 § 3, 1996: Ord. 854 § 2 (part), 1987: prior code § 11695.33)

To the extent parcels have previously merged by operation of law or pursuant to local ordinance and a notice of merger was recorded prior to January 1, 1984, the merger of such parcels shall remain unaffected by this chapter.

(Ord. 854 § 2 (part), 1987: prior code § 11695.40)

A. Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if, on January 1, 1984, each of the affected parcels meet each of the following criteria, and if none of the conditions identified in subsection (B) of this section are applicable:

1. Each parcel comprises at least five thousand square feet in area;

2. Each parcel was created in compliance with applicable laws and ordinances in effect at the time of its creation;

3. Each parcel meets current standards for sewage disposal and domestic water supply, as set forth in Chapter 13.04 and Division II (Chapters 13.16 through 13.56) of Title 13 of this code;

4. Each parcel has no slope stability or other geologic hazards, as shown on the Napa County Environmental Sensitivity Maps, which cannot be mitigated to an acceptable degree for development;

5. Each parcel has legal access which is adequate for vehicular and safety equipment access and maneuverability;

6. Development of the parcel would create no health or safety hazards; and

7. Each parcel is consistent with the applicable general plan and any applicable specific plan(s), other than minimum lot size or density standards.

B. With respect to such parcels or units, none 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 timberland, as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code;

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 is being made, whether or not the extraction is being made pursuant to a use permit issued by the county;

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 by the county.

C. For purposes of subsections (B)(3) and (B)(4) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

D. The criteria and presumptions set forth in subsections (c), (d) and (e) of Section 17.48.040(A)(2) shall be applicable in interpreting this section.

(Ord. 1098 § 4, 1996: Ord. 854 § 2 (part), 1987: prior code § 11695.50)

A. If a notice of merger has not been recorded against the affected parcels prior to January 1, 1984, but the parcels may have merged prior to January 1, 1984 by operation of law or pursuant to local ordinance, the owner of the parcels may file an application for a determination of the status of the properties.

B. Upon receipt of an application and such other information as the director of planning may deem necessary to determine the status of the parcels, the zoning administrator shall make a determination that the affected parcels have merged, or, if meeting the criteria of Section 17.48.090, that they are deemed not to have merged.

C. If the zoning administrator determines that the parcels are not merged because they meet the standards for unmerger set forth in Section 17.48.090, the director of planning shall issue to the owner and record with the county recorder a notice of the status of the parcels, which shall identify each parcel and declare that the parcels are unmerged pursuant to Section 17.48.090 and Section 66451.30, et seq., of the Government Code.

D. If the zoning administrator determines that the parcels have merged, and do not meet the criteria for unmerger specified in Section 17.48.090, the director of planning shall issue to the owner and record with the within thirty working days of the decision a notice of merger.

(Ord. 854 § 2 (part), 1987: prior code § 11695.60)

A. A property owner aggrieved by the determination of the zoning administrator pursuant to Section 17.48.070(D) that the parcels have merged may appeal said determination in the manner set forth in this section. The provisions of Chapter 2.88 of this code shall not apply to appeals of decisions made under this chapter.

B. Within ten working days of the determination of the zoning administrator that parcels or units of land have merged, the property owner may file an appeal with the director of planning. Said appeal shall be in writing on the form prescribed by the director of planning, shall state the basis of the appeal, and shall be accompanied by the applicable fee. The director of planning shall fix a time, date and place for the appeal hearing, and shall notify the property owner of same. The appeal hearing shall be conducted not more than thirty working days following the receipt by the director of planning of the completed appeal but may be postponed or continued with the mutual written consent of the director of planning and the property owner.

C. The county hearing officer shall hear the appeal and make a recommendation to the board, except that if at the time the notice of appeal is filed a county hearing officer has not been appointed, or is unavailable to hear the matter within thirty working days, the appeal shall be scheduled to be heard by the board within said thirty-day time period.

D. The county hearing officer, or the board in the event the county hearing officer has not been appointed or is unavailable, shall permit additional evidence to be presented at the appeal hearing if necessary for a proper resolution of the matter. Alternatively, at the request of the property owner and for good cause shown, the county hearing officer or the board may hear the matter de novo.

E. If the county hearing officer hears the matter, following the close of the hearing the county hearing officer shall prepare written findings and recommend to the board that it confirm, reverse, or modify the determination of the zoning administrator. The board may adopt the recommended findings, conclusions, and decision, or may reject the recommendations and enter its own findings, conclusions, and decision after a review of the board.

F. If the board hears the matter due to the unavailability of the hearing officer, it shall confirm, reverse or modify the determination of the zoning administrator and enter its own findings, conclusions and decision.

(Ord. 1098 § 5, 1996: Ord. 1083 § 12, 1995: Ord. 1012 § 2, 1992: Ord. 854 § 2 (part), 1987: prior code § 11695.70)

(Ord. No. 1465, § 27, 12-15-2020)