Article 14-65

MERGER OF PARCELS

Sections:

A parcel or unit of land may be merged with a contiguous parcel or unit of land held by the same owner if any one of such parcels or units does not conform to the applicable standard for minimum site area as prescribed in the Zoning Ordinance, and 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 that 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) The parcel comprises less than five thousand square feet in lot area at the time of the determination of merger.

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

(3) The parcel does not meet current standards for sewage disposal and domestic water supply per the California Plumbing Code.

(4) The parcel does not meet slope stability standards per the California Building Code.

(5) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability per the California Building Code.

(6) Development of the parcel would create health or safety hazards.

(7) The parcel is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

(c) For purposes of 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 pursuant to Section 14-65.020 of this Article.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Whenever the Community Development Director believes that a parcel or unit of land may satisfy the requirements set forth in Section 14-65.010 and ought to be merged, or whenever the Planning Commission or the City Council makes such determination and instructs the Community Development Director to initiate proceedings under this Article, the Director shall cause to be 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 parcels may be merged pursuant to the standards of this Article, 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 in the office of the County Recorder on the date such notice is mailed to the property owner.

(Ord. No. 398, § 1(Att.), 12-20-2023)

At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the Community Development Director a request for a hearing on determination of status. Upon receiving such request, the Director shall fix a time, date, and place for a hearing to be conducted by the Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not more than sixty days following the Director's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) At the hearing conducted by the Planning Commission in accordance with Section 14-65.030, the property owner shall be given the opportunity to present any evidence that the affected property does not

(Saratoga Supp. No. 53, 4-24)

274.3

14-65.040

meet the standards for merger as specified in Section 14-65.010 of this Article. Upon the conclusion of such hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the property owner of its determination. A determination of nonmerger may be made by the Planning Commission whether or not the affected property meets the standards for merger specified in Section 14-65.010 of this Article.

ing in the office of the County Recorder the determination of merger as provided in subsection 14-65.040(c). (Ord. No. 398, § 1(Att.), 12-20-2023)

(b) The action by the Planning Commission may be appealed to the City Council in accordance with the procedure set forth in Article 14-85 of this Chapter.

(c) A final determination and notice of merger by the Planning Commission or the City Council on appeal shall be recorded in the office of the County Recorder within thirty days after the date on which the determination is rendered. The notice shall specify the name of the record owners and the legal description of the affected property.

(Ord. No. 398, § 1(Att.), 12-20-2023)

If, within the thirty day period specified in Section 14-65.030, the owner 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 determination of merger shall be recorded as provided in subsection 14-65.040(c) no later than ninety days following the mailing of notice required by Section 14-65.020. (Ord. No. 398, § 1(Att.), 12-20-2023)

If the Planning Commission, or the City Council on appeal, determines that the affected parcels shall not be merged, it shall cause to be recorded in the office of the County Recorder a release of the notice of intention to determine status recorded pursuant to Section 14-65.020, and shall mail a clearance letter to the then current owner of the property.

(Ord. No. 398, § 1(Att.), 12-20-2023)

If the Planning Commission, or the City Council on appeal, determines that the affected parcels shall be merged, the merger will become effective upon record-

(Saratoga Supp. No. 53, 4-24)

274.4

14-70.050