Article 12 — Parcel Mergers

Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by the zoning provisions and if all of the following requirements are satisfied:

(a)

At least one of the affected parcels 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, which is also partially sited on a contiguous parcel or unit;

(b)

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

(1)

Comprises less than 5,000 square feet in area at the time of the determination of merger;

(2)

Was not created in compliance with the applicable laws 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; and

(7)

Is inconsistent with the applicable General Plan, Local Coastal Land Use Plan, and any applicable Specific Plan, other than the minimum lot size or density standards;

(c)

For the purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date the notice of intention to determine status is recorded; and

(d)

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

(§ 7, Ord. 456-85, eff. December 25, 1985)

Prior to recording a notice of merger, the City Engineer shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this section and that, within thirty (30) days after the date of notice of intention was recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the office of the County Recorder on the same day the notice is mailed to the property owner.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The owner of the affected property may file a written request for a hearing with the City Engineer within thirty (30) days after the recording of the notice of intention to determine status. Upon the receipt of the request, the City Engineer shall set a time, date, and place for a hearing before the Planning Commission and notify the owner by certified mail. The hearing shall be conducted within thirty (30) days following the receipt of the owner's request or may be postponed or continued by the mutual consent of the Planning Commission and the property owner.

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

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 the determination. The notification shall be mailed to the property owner within five (5) days after the date of the hearing.

(§ 7, Ord. 456-85. eff. December 25, 1985)

If the Planning Commission makes a determination that the parcels are to be merged, a notice of merger shall be recorded within thirty (30) days after the conclusion of the hearing, unless the decision has been appealed pursuant to Section 10-1.1205 of this article. The notice of merger shall specify the name of the record owners and a description of the property.

If the Planning Commission makes a determination that the parcels are to be merged, a notice of merger shall be recorded within thirty (30) status shall be recorded and a clearance letter mailed to the owner.

(§ 7, Ord. 456-85 eff. December 25, 1985)

The determination of the Planning Commission may be appealed to the Council by filing a written notice of appeal within ten (10) calendar days after the date of the mailing of the notice of determination. The Council shall hear the appeal within sixty (60) days after the date of appeal. If, after a hearing, the Council grants the appeal and determines that the affected property has not been merged pursuant to this article, the City Clerk, within the thirty (30) days, shall record a release of the notice of intention to determine status with the County Recorder, and a clearance letter shall be mailed to the owner.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Prior to January 1, 1986, the City Engineer shall record with the County Recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least thirty (30) days before recording the notice of merger, the City Engineer shall mail written notice to the owner of the affected parcels stating the intention to record the notice and specifying a time, date, and place at which the owner may present evidence to the Planning Commission why the notice should not be recorded.

If, after the hearing, the Planning Commission determines that the parcels have merged, a notice of merger shall be recorded. The decision of the Planning Commission may be appealed according to the procedures set forth in Section 10-1.1205 of this article.

(b)

The City, until July 1, 1984, may continue to affect the merger of parcels pursuant to the merger laws of the City in existence on January 1, 1984, and the City Engineer shall record a notice of merger for such parcels in accordance with the procedures established in subsection (a) of this section. Parcels which come into common ownership on or after July 1, 1984, shall be merged according to the standards and procedures set forth in Sections 10-1.1201 through 10-1.1205 of this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)

If the owner does not file a request for a hearing within thirty (30) days after the recording of the notice of intention to determine status, the Planning Commission, at any time thereafter, may make a determination that the parcels are or are not to be merged. If they are to be merged, a determination of merger shall be recorded within ninety (90) days after the mailing of the notice of intent to determine status.

(§ 7, Ord. 456-85, eff. December 25, 1985)

If the merger of contiguous parcels or units is initiated by the record owners, the owners may waive the right to a hearing before the Planning Commission and to all notices required by this article. Upon signing the waiver, the City Engineer shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger simultaneously.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Any parcel which has merged pursuant to the provisions of any law prior to January 1, 1984, and for which a notice of merger has not been recorded on or before said date, shall be unmerged if on said date:

(a)

The parcel meets each of the following criteria:

(1)

Contains at least 5,000 square feet in area;

(2)

Was created in compliance with applicable laws 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; and

(7)

The unmerged parcel would be consistent with the applicable General Plan, Local Coastal Land Use Plan, and any applicable Specific Plan, other than minimum lot size or density standards; and

(b)

With respect to the parcel, none of the conditions set forth in subsections (1), (2), (3), (4), or (5) of subsection (b) of Section 66451.30 of the Subdivision Map Act exist.

(§ 7, Ord. 456-85, eff, December 25, 1985)

Upon a written application made by an owner, the Planning Commission shall make a determination that the affected parcels have merged or are to be merged. If the Planning Commission determines that the parcels have not merged, the owner shall be so notified.

If the Planning Commission determines that the parcels have merged, and that they meet the requirements for unmerger set forth in Section 10-1.1209 of this article, a notice of status shall be issued to the owner and recorded with the County Recorder which shall identify each parcel and declare that they are unmerged.

If the Planning Commission determines that the parcels have merged and do not meet the unmerger requirements set forth in Section 10-1.1209 of this article, a notice of merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded with the County Recorder. The owner may appeal the decision of the Planning Commission as provided in Section 10-1.1205 of this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The fee for processing mergers and unmergers at the request of an owner shall be the actual cost of City staff time spent on the application. A deposit may be required to be applied toward the fee.

(§ 7, Ord. 456-85, eff. December 25, 1985)