§ 12.48

Parcel mergers and unmergers shall be considered in accordance with this chapter.

Two (2) or more contiguous parcels held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by the zoning regulations, and if all 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 exists:

(1)

Comprises less than 5,000 square feet in area at the time of the determination of merger;

(2)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(3)

Does not meet current standards for sewage disposal and domestic water supply;

(4)

Does not meet slope stability standards;

(5)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(6)

Will create health or safety hazards if developed; or

(7)

Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

This subsection shall not apply if any of the conditions stated in Section 66451.1 l(b)(A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

(c)

The owner of the affected parcels has been notified of the merger proposal under Section 12.48.020 and is afforded the opportunity for a hearing under Section 12.48.030.

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

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.101)

Before recording a notice of merger, the City Engineer shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to these provisions and that, within thirty (30) days from the date the notice of intention was recorded, the owner may request a hearing before the City Engineer to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the County Recorder by the City Engineer on the same day that the notice is mailed to the property owner.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.102)

12.48.030 - Hearing on determination of status.

The owner of the affected property may file a written request for a hearing with the City Engineer within thirty (30) days after recording of the notice of intention to determine status. Upon receipt of the request, the City Engineer shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted within sixty (60) days following receipt of the owner's request, or may be postponed or continued by mutual consent of the City Engineer and the property owner.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter.

At the conclusion of the hearing, the City Engineer, in consultation with the Community Development Director, shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the City Engineer within five (5) days of the date of the hearing.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.103)

12.48.040 - Determination of merger.

If the City Engineer makes a determination that the parcels are to be merged, he or she shall file a notice of merger with the County Recorder thirty (30) days after the conclusion of the hearing, unless the decision as been appealed pursuant to Section 12.48.050. The notice of merger shall specify the name of the record owner and a description of the property.

If the City Engineer makes a determination that the parcels shall not be merged, he or she shall file a release of the notice of intention to determine status with the County Recorder within thirty (30) days after the City Engineer's determination, and shall mail a clearance letter to the owner.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.104)

A determination under this chapter may be appealed in accordance with Section 12.12.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.105)

Except as provided in Sections 12.48.040 and 12.48.050, before January 1, 1986, the City Engineer shall file for record with the County Recorder a notice of merger for any parcel merged under the provisions of any law before January 1, 1984. At least 30 days before recording the notice of merger, the City Engineer shall mail written notice to the owner of the affected parcels stating the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the City Engineer why the notice should not be recorded.

If, after the hearing, the City Engineer determines that the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder. The decision of the City Engineer may be appealed according to the procedures established in Section 12.48.050.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.106)

If the owner does not file a request for a hearing within 30 days after recording of the notice of intention to determine status, the City Engineer may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the County Recorder within ninety (90) days after the mailing of the notice of intention to determine status, under Section 12.48.050.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.107)

If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive the right to a hearing before the City Engineer and to all notices required by these provisions. Upon signing the waiver, the City Engineer shall simultaneously file for record with the County Recorder a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.108)

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:

(a)

The parcel meets each of the following criteria:

(1)

Contains at least 5,000 square feet in area,

(2)

Was created in compliance with applicable laws and ordinances in effect at the time of its creation,

(3)

Meets current standards for sewage disposal and domestic water supply,

(4)

Meets slope density standards;

(5)

Has legal access which is adequate for vehicular and safety equipment access and maneuverability,

(6)

Its unmerger and development would create no health or safety hazards,

(7)

The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards; and

(b)

With respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4) or (5) of the Subdivision Map Act exists.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.109)

If, upon written application made by the owner, the City Engineer determines that the parcels have not merged, he or she shall notify the owner.

If the City Engineer determines that the parcels have merged and that they meet the requirements for unmerger in Section 12.48.090, a notice of status shall be issued to the owner and filed for record with the County Recorder by the City Engineer, which shall identify each parcel and declare that they are unmerged pursuant to this chapter.

If the City Engineer determines that the parcels have merged and do not meet the unmerger requirements in Section 12.48.090, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the City Engineer. The owner may appeal the decision of the City Engineer as provided in Section 12.12.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-12.110)

The fee for processing mergers and unmergers shall be charged to the owner as set by the City Council approved fee schedule.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.120)

Chapter 12.52 - CORRECTION AND AMENDMENTS OF MAPS

Sections: