Chapter 18.34 — MERGER OF PARCELS

for merger.

Despite the definition of the term "subdivision" in Section 18.04.040(31), except as otherwise provided for in this chapter, two or more contiguous parcels or units of land which have been created under the provisions of the "Subdivision Map Act," any prior law regulating the division of land, or this title, or which were not subject to such provisions at the time of their creation, shall not be deemed merged by virtue of the fact that such contiguous parcels or units are held by the same owner. No further proceeding under the provisions of the "Subdivision Map Act" or this title shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them. (Ord. 2194-86 § 1)

(a) A parcel or unit may be merged with a contiguous parcel or unit pursuant to the procedures set forth in this chapter under the following conditions:

(1) All of the affected parcels or units are held by the same owner as of the date of notice of intention to determine status is recorded.

(2) Any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum lot size under the zoning ordinance.

(3) At least one of the affected parcels is either:

(A) 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

(B) Developed only with an accessory structure or accessory structures, or

(C) Developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or unit.

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

(A) Such parcel comprises less than 5,000 square feet in area at the time of determination of merger,

(B) Such parcel was not created in compliance with the applicable laws and requirements of this code in effect at the time of its creation,

(C) Such parcel does not meet current standards for sewage disposal and domestic water supply,

(D) Such parcel does not meet slope stability standards,

(E) Such parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

(F) The development of such parcel would create health and safety hazards,

(G) Such parcel is inconsistent with the general plan and any applicable specific plan other than minimum lot size or density standards.

(b) This subdivision shall not apply to certain contiguous parcels or units of land which were enforceably restricted openspace land, timber land, land devoted to an agricultural use, land within certain distances of commercial mineral extraction sites, as defined in paragraphs (A) through (E), inclusive, of Section 66451.11 of the Government Code. (Ord. 2194-86 § 1)

A merger of parcels becomes effective when the director of community development causes to be filed for record with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 2194-86 § 1)

(a) Prior to recording a notice of merger, the director of community development 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 standards specified in this chapter, and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

(b) The notice of intention to determine status shall be filed for record with the county recorder by the director of community development on the date that notice is mailed to the property owner. (Ord. 2194-86 § 1)

At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the director of community development a request for hearing on determination of status. (Ord. 2194-86 § 1)

(a) Upon receiving a notice request for a hearing on determination of status from the owner of the affected property pursuant to Section 18.34.050, the director of community development shall fix a time, date and place for a hearing to be conducted by the director and shall notify the property owner of that time, date and place for the hearing by certified mail.

(b) The hearing shall be conducted not more than sixty days following the receipt by the director of community development of the property owner's request for the hearing. The hearing may be postponed or continued with the mutual consent of the director of community development and the property owner.

(c) 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 set forth in Section

18.34.020.

(d) At the conclusion of the hearing the director of community development 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 the determination.

(e) A determination of merger shall be recorded not later than ninety days following the mailing notice required by this section. (Ord. 2194-86 § 1; Ord. 2414-92 § 4)

(a) If within the thirty days specified in Section 18.34.050 the owner does not file a request for hearing the director of community development may at any time thereafter make a determination that the affected parcels are to be merged or are not to be merged.

(b) A determination of merger shall be recorded as provided for in Section 18.34.030 not later than ninety days following a mailing of notice required by Section 18.34.060. (Ord. 2194-86 § 1)

recordation— Clearance letter.

If the director of community development determines that the subject property shall not be merged, he shall cause to be recorded in the manner specified in Section 18.34.030 a release of the notice of intention to determine status, recorded pursuant to Section 18.34.040, and shall mail a clearance notice to the then current owner of record. (Ord. 2194-86 § 1)

(a) Subdivided lands may be merged and resubdivided without reverting to acreage pursuant to Chapter 18.28 by complying with all the applicable requirements for the subdivision of land as provided by the "Subdivision Map Act" and this title.

(b) The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel.

(c) Any unused fees or deposits previously made pursuant to the "Subdivision Map Act" and this title pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.

(d) Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map.

(e) After approval of the merger and resubdivision the map shall be delivered to the county recorder in the same manner as is required for approved final maps and parcel maps pursuant to this title.

(f) The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. (Ord. 2194-86 § 1)

(a) Merger of contiguous parcels under common ownership without reverting to acreage may be accomplished pursuant to this section.

(b) In order to effectuate such a merger, the owner of the affected real property shall cause to be filed for record with the county recorder a notice of merger, specifying the name or names of the record owners and particularly describing each lot or parcel and the lot or parcel which would result from the merger. The owner shall file a copy of such notice of merger with the director of community development and the director of public works. (Ord. 2194-86 § art))