Watsonville Municipal Code Art. 4 Merger of Substandard Lots

This article is intended to provide for the City-initiated merger of contiguous lots which do not meet minimum requirements for development under City regulations.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Two (2) or more contiguous parcels, lots, or units of land held by the same property owner shall be considered to be merged if:

(a) At least one (1) of the contiguous parcels or units of land does not conform to the standards for minimum parcel size under the zoning code; and

(b) At least one (1) of the contiguous parcels or units of land 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; and

(c) At least one (1) or more of the following conditions exists with respect to any one of the contiguous parcels or units of land:

(1) The parcel comprises less than five thousand (5,000) square feet in area; or

(2) The parcel was not created in compliance with the zoning code in effect at the time of its creation; or

(3) The parcel does not meet current standards for sewage disposal and domestic water supply; or

(4) The parcel does not meet slope stability standards; or

(5) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; or

(6) The parcel’s development would create health or safety hazards; or

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

(d) 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.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Where a nonconforming parcel is contiguous to a conforming parcel and under the same ownership, the two (2) parcels shall merge unless all of the following conditions exist:

(a) The nonconforming parcel is twenty-five (25') feet wide or more;

(b) The nonconforming parcel is at least two thousand five hundred (2,500) square feet in area;

(c) The nonconforming parcel has frontage on a city street or alley; and

(d) The nonconforming parcel does not have a parking garage/carport serving the conforming parcel.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) Whenever the Community Development Director has knowledge that real property has merged pursuant to this chapter, a notice of intent to determine status shall be mailed, by certified mail, to the current property owner of record, and a copy of the notice of intention shall be recorded with the County Recorder. The preparation, content and deadline dates for response cited in this notice shall follow the procedures set forth in Sections 66451.13 through 66451.14 of the Subdivision Map Act.

(b) At any time within thirty (30) days following the recording of the notice of intention to determine status, the property owner of record may file with the City a request for a public hearing on the determination of the status. Upon receipt of this request, the City shall schedule a date and time for a public hearing with the City Council. The City Council shall follow the provisions included in Section 66451.10 et seq. of the Subdivision Map Act.

(c) If, after reviewing supporting evidence, the City Council determines that real property is merged based on the provisions of this chapter, the Community Development Director shall issue to the property owner, and record with the County Recorder, a notice of merger specifying the names of the record owners and particularly describing the real property.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)