Sec. 78-6. - Merger of parcels.

(a)

Generally. Whenever two or more contiguous lots, parcels or units of land are held by the same owner, such lots, parcels, or units may be merged where any one of the contiguous lots, parcels, or units held by the same owner does not conform to standards for minimum parcel size under the city zoning ordinance in chapter 106 of this Code and if all of the following requirements are satisfied:

(1)

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 is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot, parcel or unit; and

(2)

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

a.

The parcel comprises less than 5,000 square feet in an area at the time of the determination of merger.

b.

The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c.

The parcel does not meet current standards for sewage disposal and domestic water supply.

d.

The parcel does not meet slope stability standards.

e.

The parcel 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.

The parcel is inconsistent with the city's general plan and any applicable specific plan, other than minimum lot size or density standards.

(3)

The owner of the affected parcels has been notified of the merger proposal pursuant to Government Code § 66451.13 and is afforded the opportunity for a hearing pursuant to Government Code § 66451.14.

(b)

Extent of merger. Merger shall occur even though it does not create a lot conforming to the current standards for minimum lot area and dimensions, but does create a lot which more closely conforms to current standards; if the lots, parcels, or units are developed with a structure, merger shall occur only to those lots, parcels, or units which are developed as a single unit.

(c)

Treatment of lots after merger. After merger has occurred with respect to any contiguous lots, parcels, or units of land under this section, such lots, parcels, or units of land shall be treated as a single lot under this Code.

(d)

Contiguity. Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, parcels or units of land are separated by roads, streets, utility easements or railroad rights-of-way.

(e)

Notice to affected property owners. Whenever the director of planning determines that real property should be merged pursuant to this section, he shall cause to be filed for record with the county recorder, and on the same date 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 lots, parcels, or units may be merged pursuant to this section and advising the owner of the opportunity to request a hearing before the planning commission

on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

(f)

Review by planning commission. Whenever a property owner objects to the recording of a notice of intention to determine status within 30 days of the recording thereof and requests a hearing before the planning commission, the planning commission shall hold a hearing thereon and allow the property owner to state his objection and present any evidence upon which he relies. The property owner shall be advised in writing of the time, date and place of the hearing. The hearing shall occur not more than 60 days from the receipt of the request therefor, unless postponed or continued by mutual consent of both the city and the property owner. If the planning commission determines that the conditions constituting merger have not occurred, it shall instruct the director of planning not to file a notice of merger, and release of the notice of intention to determine status shall be recorded and a clearance letter mailed to the then-current owner of record. Otherwise, the director shall file the notice of merger unless the decision of the planning commission is appealed within ten days to the city council.

(g)

Recordation of notice of merger. The merger of parcels as provided in this section shall be effective upon the city's filing for record with the county recorder a notice of merger. The notice of merger shall be filed within 30 days after the conclusion of a hearing held pursuant to subsections (e) and (f) of this section or within 30 days of the date a final decision is made by the city council if the decision of the planning commission, rendered pursuant to subsections (e) and (f) of this section, is appealed. If no hearing is timely requested as provided in subsections (e) and (f) of this section, the notice of merger shall be filed for recording no later than 90 days following the mailing of notice of intention to determine status as provided in subsection (e) of this section. In no case shall a notice of merger be filed sooner than the expiration of 30 days from the mailing of the notice of intention to determine status as provided in subsection (e) of this section.

(h)

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

(Code 1957, § 24.53)

State Law reference— Similar provisions, Government Code § 66451.11.