National City Municipal Code Ch. 17.10 Merger of Accounts

Two or more contiguous parcels or units of land held by the same owner shall be merged if one of the parcels or units of land does not conform to the minimum parcel or lot size required by Title 18 of this code, and if the following circumstances exist:

A. One of the parcels or units of land is not developed 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 one or more accessory structures, or is developed with a single structure that is also partially sited on the contiguous parcel with which it would be merged.

Merger shall occur only to the extent necessary to establish lots conforming to the current standards for minimum parcel area and dimensions and after a public hearing has been held thereon pursuant to Section 17.10.050.

B. One or more of the following conditions affects any of the parcels:

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 and 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 general plan and any applicable specific plan, other than minimum lot size or density standards.

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

D. Subsection (B) of this section shall not apply if any of the conditions stated in Section 66451.11(A), (B), (C), or (D) of the Subdivision Map Act exist.

(Ord. 1964 § 1 (part), 1988)

After merger has occurred under this chapter, such parcels or units of land shall be treated as a single parcel under the provisions of this code.

(Ord. 1964 § 1 (part), 1988)

Property shall be considered as contiguous parcels or units of land if they are adjoining, even if they are separated by roads, streets, alleys, railroad rights-of-way, or other features deemed to be similar by the director of planning.

(Ord. 1964 § 1 (part), 1988)

A notice of intention to determine status for merger of parcels shall be provided by the director of planning prior to recordation of a notice of merger in the following manner:

A. The notice shall be mailed, by certified mail, to the current record owner of the affected parcels.

B. The notice shall be filed for record with the county recorder on the date that it is mailed to the property owner.

C. The notice shall state the following:

1. That the affected parcels may be merged pursuant to the requirements of this chapter;

2. That a written request for a hearing before the planning commission may be submitted to the planning department within thirty days from the date the notice was recorded to present evidence that the property does not meet the criteria for merger.

(Ord. 1964 § 1 (part), 1988)

A hearing, if requested, shall be scheduled by the director of planning, and shall be subject to the following requirements:

A. Notice of hearing shall be mailed to the owner, by certified mail, indicating the time, date and place of the hearing.

B. The hearing shall be conducted within sixty days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the planning director, or planning commission, and the owner.

C. At the hearing, the owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger.

D. At the conclusion of the hearing, the planning commission shall determine that the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The planning department shall mail a notice of the determination to the owner following the hearing.

(Ord. 1964 § 1 (part), 1988)

The planning commission may determine that the parcels are not to be merged whether or not the affected property satisfies the requirements for merger in Section 17.10.010.

(Ord. 1964 § 1 (part), 1988)

A. Subsequent to Hearing. If the planning commission makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the director of planning within thirty days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 17.10.080. The notice of merger shall specify the name of the record owner and a description of the property. If the planning commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the director of planning and a clearance letter shall be mailed to the owner by the director of planning.

B. Determination When No Hearing is Requested. If the owner does not file a request for a hearing within thirty days after the recording of the notice of intention to determine status, the director of planning may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder by the director of planning within ninety days after the mailing of the notice of intention to determine status pursuant to Section 17.10.040. If the parcels are not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the director of planning.

(Ord. 1964 § 1 (part), 1988)

The determination of the planning commission may be appealed to the city council in accordance with Section 17.04.050(B). The city council shall hear the appeal within sixty days from the day of appeal. The hearing shall be held in accordance with Section 17.10.050. If, after the hearing, the city council grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the director of planning shall file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner. If the city council denies the appeal, a notice of merger shall be filed for record with the county recorder by the planning director within thirty days after the hearing.

(Ord. 1964 § 1 (part), 1988)

If the merger of contiguous parcels or units is initiated by the record owner, but is consistent with city requirements, the owner may waive in writing the right to a hearing before the planning commission and to all notices required by this chapter. Upon receipt of such waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

(Ord. 1964 § 1 (part), 1988)

Any parcel for which a notice of merger had not been recorded on or before January 1, 1984, shall be unmerged if on that date.

A. The parcel meets each of the following criteria:

1. Contains at least five thousand square feet in area,

2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation,

3. Meets current standards for sewage disposal and domestic water supply,

4. Meets slope density standards,

5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability,

6. Its unmerger and development would create no health or safety hazards,

7. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards;

B. None of the conditions stated in Section 66451.30(b)(l), (2), (3), (4) or (5) of the Subdivision Map Act exist.

(Ord. 1964 § 1 (part), 1988)

Upon written application made by the owner to the director of planning, the planning commission shall make a determination as to whether any parcels have merged or are to be merged or have not merged.

If the planning commission determines that the parcels meet the requirements for unmerger in Section 17.10.100, a notice of status shall be issued to the owner and filed for record with the county recorder by the director of planning, which shall identify each parcel and declare that they are unmerged pursuant to this chapter.

If the planning commission determines that the parcels have merged, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the county recorder by the director of planning, unless appealed to the city council. The appeal must be filed, in writing, with the city clerk, within ten days of the determination by the planning commission. If the city council denies the appeal, the planning director shall issue to the owner and file for record with the county clerk said notice of merger. If the city council grants the appeal, a notice of status shall be issued to the owner and filed for record with the county recorder by the director of planning. The notice shall identify each parcel and declare that they are unmerged pursuant to this chapter.

(Ord. 1964 § 1 (part), 1988)

A fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner, in accordance with Section 17.01.050.

(Ord. 1964 § 1 (part), 1988)