406.02: MERGERS: — Porterville Zoning Code

A. Required Mergers. Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of the Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, shall not merge simply by virtue of the fact such contiguous parcels or units are held by the same owner. No further proceeding under the provisions of the Map Act or this Series enacted pursuant thereto shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, except, however, the city may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if all of the following requirements are satisfied:

At least one (1) of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the local agency, or which was built prior to the time such permits were required by the local agency.
With respect to any affected parcel, one (1) or more of the following conditions exists:

a. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
c. Does not meet current standards for sewage disposal and domestic water supply.
d. Does not meet slope stability standards.
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
f. Its development would create health or safety hazards.
g. Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

B. City Initiated Merger. Notification of Intention to Merge. Prior to recording a notice of merger, the Zoning Administrator shall cause to be mailed by certified mail to the 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 the merger ordinance, and advising 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 of intention to determine status shall be filed for record with the Tulare County Recorder on the date that notice is mailed to the property owner.

Request for Hearing. 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 Zoning Administrator a request for a hearing on determination of status.
Procedure for Hearing. Upon receiving a request for a hearing on determination of status, the Zoning Administrator shall fix a time, date and place for a hearing to be conducted by the City Council, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty (30) days following the receipt of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the Zoning Administrator and the property owner.
Procedure for Determination Following Hearing. 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 the merger ordinance. At the conclusion of the hearing, the City Council 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. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in paragraphs B1 and B2 above. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing.
Determination When No Hearing is Requested. If, within the thirty (30) day period specified in paragraph B1 above, 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 are to be merged or are not to be merged. A determination of merger shall be recorded with the Tulare County Recorder which specifies the names of the property owners and particularly describes the real property in question no later than ninety (90) days following the mailing of the notice required by paragraph B2 above.
Notice of Intention for Nonmerger. If, in accordance with paragraph B3 or B4 above, the Zoning Administrator or City Council determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, and shall mail a clearance letter to the current owner of record.

C. Property Owner Initiated Merger of Contiguous Parcels. Pursuant to Government Code Section 66499.20.3, a property owner owning contiguous parcels is authorized to merge those contiguous legal parcels without requiring the property to be reverted to acreage. Such merger shall be accomplished in accordance with the following procedures:

The property owner shall file an application for merger with the Zoning Administrator, submit evidence of title to all parcels to be affected, submit a proposed certificate of compliance, and pay the processing fee established by resolution of the City Council. Mergers shall contain a legal description of the merged parcel and additional information as requested by the Zoning Administrator.

a. The Zoning Administrator and City Engineer shall consider and approve the application if it is found that the parcel created by the merger will conform to the requirements of this code and applicable state law.

b. The merger shall be evidenced by recording a certificate of compliance that is signed by the Zoning Administrator and City Engineer. The certificate of compliance shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements.

D. Certificate of Compliance.

Any person owning real property may request, and the Zoning Administrator and City Engineer shall determine, whether such real property complies with the provisions of the Map Act and of this Series. Upon making such a determination, the Zoning Administrator and City Engineer shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Map Act and of this Series. The applicant shall pay the processing fee established by resolution of the City Council
If the Zoning Administrator and City Engineer determine that such real property does not comply with the provisions of the Map Act or of this Series, they may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time. Upon making such a determination and establishing such conditions, the Zoning Administrator and City Engineer shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city. (Ord. 1870, 6-2-2020)