Division 8 — MERGERS

Whenever two or more contiguous parcels are under common ownership and any one of the parcels does not conform to the standards for minimum parcel size set forth in this title, the city can require the merger of parcels before it issues a development permit, provided all of the requirements specified in Cal. Gov’t Code § 66451.11 are satisfied.

(Ord. 1102, passed 6-7-04)

(A) Before initiating a merger, the city must mail to the owner of the affected parcels a Notice of Intention to Determine Status. The same notice is filed with the Ventura County Recorder on the same date that notice is mailed to the property owner. Such notice must inform the property owner that the affected parcels may be merged and advise the owner of the opportunity to request a hearing on determination of status.

(B) At any time within 30 days of the recording of the Notice of Intention to Determine Status, the property owner may file with the Director a request for a hearing.

(Ord. 1102, passed 6-7-04)

(A) Upon receiving a request for a hearing, the Director must schedule a public hearing before the Planning Commission in accordance with this title. The hearing should be conducted not later than 60 days after the Director receives the hearing request.

(B) The Planning Commission must hold a public hearing in accordance with this chapter to consider the parcel merger application.

(C) At the conclusion of the public hearing, the Planning Commission must determine whether the parcels should or should not be merged.

(D) The decision of the Planning Commission is final unless an appeal is filed.

(Ord. 1102, passed 6-7-04)

If the Director does not receive a timely filed request for hearing, the Director may decide whether or not the parcels may be merged. Decisions allowing a merger must be recorded not later than 90 days after notice of the decision. (Ord. 1102, passed 6-7-04)

(A) A notice of merger must be filed with the Ventura County Recorder's Office after a decision which allows allowing a parcel merger. The notice must identify the names of the record owners and describe the property being merged.

(B) A release of the notice of intention to determine status must be filed with the Ventura County Recorder's Office after a decision that disallows a parcel merger.

(Ord. 1102, passed 6-7-04)