Chapter 16.16 — MERGERS

This chapter implements the procedures and prescribes the standards authorized by Government Code Sections 66451.10 through 66451.21 pertaining to the merger of parcels of land. (CCCC§ 92-12.202)

A parcel of land may be merged with a contiguous parcel held by the same owner if all of the following requirements are satisfied: A. The affected parcels are held by the same owner as of the date of the notice of intention to determine status is recorded as provided by Government Code Section 66451.13; B. One of the affected parcels does not conform to standards for minimum parcel size under the applicable zoning; C. One of the affected parcels is: (a) undeveloped by a structure; or (b) developed only with an accessory structure; or (c) developed with a single structure (other than an accessory structure) that is partially sited on the contiguous parcel with which it is proposed to be merged (i.e., straddles a lot line); and D. With respect to one of the affected parcels one or more of the conditions set forth in Section 16.16.030 is met. (CCCC§ 92-12.204)

In addition to the requirements of Section 16.16.020, in order for affected parcels to be merged, one or more of the following conditions must exist as to one of the affected parcels: A. Comprises less than five thousand (5,000) square feet in area at the time the merger is determined; B. Was not created in compliance with applicable laws or ordinances in effect at the time of its creation; C. Does not meet current standards for sewage disposal and domestic water supply as provided in Sections 16.68.010 and 16.68.020;

D. Does not meet slope stability standards in that soils investigation indicates the presence of critically expansive soils or other soils problems which if not corrected would lead to structural defects; E. Does not have legal access which is adequate for vehicular and safety equipment access and maneuverability to satisfy the requirements set forth in Sections 16.52.010 through 16.52.200 relating to the design and specifications for minor street or private roads, as the case may be, and does not have the approval of the local fire district as meeting its standards for access and maneuverability for fire equipment; F. If developed would create one or more of the following health or safety hazards: 1. Construction is likely to adversely affect the stability of adjoining property or result in the deposition of debris on a way open to the public or interfere with an existing drainage course or is in an area determined to be subject to geological hazard, 2. Surface waters occurring on the affected parcel or flowing onto or through it cannot be conveyed without damage to an improvement, building or dwelling to a natural watercourse having a definable bed and banks or to an existing adequate storm drainage facility, 3. The site available for development does not provide an appropriate buildable site consistent with the site's constraints in relation to one or more of the following: the slope, soil characteristics, seismic factors, existing and future residential development in the area of the site, the General Plan and the applicable zoning ordinance, 4. Development of the site is likely to cause environmental damage or substantially and avoidably injure wildlife or their habitat, 5. The type of improvements proposed for the site will conflict with easements acquired by the public at large for access through a use of the site. (CCCC§ 92-12.206)

A.

Notice of Intent to Determine Status of Affected Parcels. The Community Development Director shall mail a notice of intention to determine the status of the affected parcels by certified mail to the then current record owner. The notice shall advise the owner that the affected parcels may be merged under the standards specified in this chapter and advise the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger. B. Recordation of Notice of Intent. The Community Development Director shall file the notice of intent to determine status for record with the Recorder of the city on the date that the notice is mailed to the property owner. C. Hearing. If the property owner files with the city a request for a hearing on determination of status within thirty (30) days after recordation of the notice of intention to determine status, the Community Development Director shall fix the time and date and place for a hearing to be conducted by the Planning Commission. The Community Development Director shall notify the property owner by certified mail of the hearing. The Planning Commission shall conduct a hearing not more than sixty (60) days after the city has received the property owner's request for a hearing. The hearing date may be postponed or continued with the mutual consent of the Planning Commission and the property owner. D. Determination of Status Following Hearing. At the hearing, the property owner may present evidence that the affected parcels do not meet the standards for merger specified in this chapter. At the conclusion of the hearing, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. E. Recordation of Notice of Merger. The Community Development Director shall cause a notice of merger specifying the names of the record owners and particularly describing the real property to be recorded within thirty (30) days after conclusion of the hearing. F. Determination of Merger Where No Hearing Requested. If within the thirty (30) day period after recordation of the notice of intention to determine status, the owner of the affected parcels does not file a request for a hearing, the Planning Commission may at any time thereafter make a determination that the affected parcels are to be merged or are not to be merged. A notice of merger shall be recorded not later than ninety (90) days after the date when the Community Development Director mailed the notice of intention to determine status. G.

Determination Not to Merge. If the Planning Commission determines that the affected parcels are not to be merged, the Community Development Director shall have recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record. (Ord. 98-1 § 36; CCCC § 92-12.208)

The decision of the Planning Commission made under this chapter may be appealed to the Council in the manner provided for the appeal of a decision of the Planning Commission as provided in Sections 2.40.350 through 2.40.400. The time for appeal is ten calendar days from the date of the Planning Commission decision. (CCCC§ 92-12.210)

The failure, neglect, informality or omission as to a matter pertaining to notices, findings, records of recordations, report, recommendations or any other matter of procedure does not affect the validity of the action taken unless after the examination of the entire process, it is found the complaining party suffered substantial prejudice. (CCCC§ 92-12.212)

Any city official having knowledge of a possible violation of, or the merger of parcels of land pursuant to the provisions of the Subdivision Map Act or of this title, shall convey such information to the Community Development Director. (CCCC§ 92-12.402)

If the Community Development Director either on his or her own initiative or upon investigation of information received, determines that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he or she may cause a notice of intention to record a notice of violation, setting forth the information prescribed by Government Code Section 66499.36, to be recorded with the City Recorder. (CCCC§ 92-12.404)

After recording the notice of intention to record a notice of violation, and at least sixty (60) calendar days prior to the recording of a notice of violation, the Community Development Director shall advise the owner of the real property, by mail, of the intention to record a notice and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be

recorded. The Community Development Director shall also mail a copy of the recorded notice of intention to the owner. (CCCC§ 92-12.406)

If the Community Development Director, either on his or her own initiative or upon investigation of information received, determines that contiguous parcels of land have merged pursuant to the provisions of the Subdivision Map Act or of this title, he or she may cause a notice of merger, setting forth the information prescribed by Government Code Section 66424.2, to be recorded with the City Recorder. (CCCC§ 92-12.408)

At least thirty (30) calendar days prior to the recording of a notice of merger, the Community Development Director shall advise the owner of the parcels or units of land to be affected by the merger, in writing, of the intention to record a notice of merger and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded. (CCCC§ 92-12.410)

Upon the noticed hearing the Planning Commission may wholly or partially affirm, reverse or modify the decision of the Community Development Director and his or her recordation of the notice of intention to record a notice of violation or noticed intention to record a notice of merger. If the Planning Commission determines that no violation of, or merger pursuant to the Subdivision Map Act or this title has occurred, it may direct the Community Development Director to issue and file for recordation a release of the notice of intention to record a notice of violation or not to file a notice of merger. (CCCC§ 92-12.412)

Any hearing before the City Council of an appeal from the Planning Commission as to the recordation of a notice of intention to record a notice of violation or proposed recordation of a notice of merger shall be conducted in accordance with the provisions pertaining to such appeals before the Commission. (CCCC§ 92-12.414)

All department, officials and employees of the city vested with the duty or authority to issue permits necessary to develop any real property shall conform to the provisions of this title, and shall not wilfully issue any permit or license for use or construction or any other purpose in conflict with the provisions of this title or of the Subdivision Map Act; and any such permit, or license issued in conflict therewith shall be

null and void. Nothing in this chapter shall be deemed to require the recording of a notice of violation or merger as a condition precedent to the enforceability of any of the provisions of this title. (CCCC§ 92-12.416)

Requests for issuance of a certificate of compliance shall be submitted, in legible and readily reproducible writing to the Community Development Department, on its standardized form accompanied by a plot plan and such supporting information as may be deemed necessary by the Community Development Director to determine compliance herewith. (CCCC§ 92-12.602)

Upon requesting issuance of a certificate of compliance, the applicant shall deposit with the Community Development Director for payment to the Treasurer of the city, cash or check in a sufficient sum to cover the fee for issuance and recording of the certificate of compliance. The schedule of fees will be that recommended by the Community Development Director and adopted by the City Council from time to time by resolution. (CCCC§ 92-12.604)

Within fifteen (15) calendar days after filing of the request, the Community Development Director shall review the request and determine whether the property or the division thereof complies with the provisions of the Subdivision Map Act and this title, and shall determine whether a certificate of compliance should be issued or denied or a conditional certificate of compliance issued and recorded. Any certificate of compliance or conditional certificate of compliance issued shall set forth the information prescribed by Government Code Section 66499.35 and shall be filed for record with the city recorder by the Community Development Director. If the Community Development Director determines that such property could be brought into compliance by fulfillment of certain conditions, he or she shall so state in his or her decision of denial or the conditional certificate of compliance issued and recorded. (CCCC§ 92-12.606)

Upon denial of any request for a certificate of compliance by the Community Development Director, the applicant may still apply to the appropriate division of the city's Planning Agency in accordance with the provisions of this title for approval of a final or parcel map for his or her property. (CCCC§ 92-12.608)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcel of real property described therein. (CCCC§ 92-12.610)