This chapter implements the procedure prescribed in Section 66451 of the Subdivision Map Act for consolidation of contiguous parcels or units of land held by the same owner without reversion to acreage.
(Ord. 08-01 §1, 2008)
Parcel mergers apply to contiguous parcels or units of real property, under common ownership, which meet the requirements of Section 16.05.030 of this chapter.
(Ord. 08-01 §1, 2008)
A parcel merger may be made with any parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units does not conform to standards for minimum parcel size, under the Zoning Ordinance and if 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 shall exist on at least one of the parcels to be merged:
1. 
It comprises less than five thousand square feet in area at the time of the determination of merger;
2. 
It was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3. 
It does not meet current standards for sewage disposal and domestic water supply;
4. 
It does not meet slope stability standards;
5. 
It has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
6. 
Its development would create health or safety hazards; and
7. 
It is inconsistent with the city general plan and any applicable specific plan, other than minimum lot size or density standards.
(Ord. 08-01 §1, 2008)
Applications to merge contiguous parcels shall be made to the planning director on forms provided by the planning department and shall include the following:
A. 
An exhibit, drawn to scale, delineating the existing parcel boundaries and the location of existing structures, easements and public rights-of-way;
B. 
Copies of the latest grant deeds for the existing parcels;
C. 
A legal description and plat, drawn to scale on reproducible mylar or other approved medium, showing the boundaries of the new parcel (after the merger). The legal description and plat shall be appropriate for recordation with the county recorder;
D. 
A preliminary title report; and
E. 
Written consent of all owners of record interest.
(Ord. 08-01 §1, 2008)
The planning director shall transmit a completed application to the city engineer for review and recommendation and may grant approval of the request for merger if the following criteria are met:
A. 
The merger complies with the standards specified in Section 16.05.030(A);
B. 
The parcel will be consistent with the zoning of all the involved property;
C. 
The parcel will not conflict with the location of existing structures on the property;
D. 
The parcel will not be deprived of adequate access as a result of the merger;
E. 
Access to adjoining properties will not be restricted as a result of the merger; and
F. 
No new lot lines are created by the merger.
(Ord. 08-01 §1, 2008)
The planning director shall initiate a parcel merger by filing, with the county recorder, a notice of intention to determine status. The notice shall identify the subject property and list the owners of record as determined from the county deed records.
(Ord. 08-01 §1, 2008)
The planning director may cause to be mailed, by certified mail to the current record owner of the affected parcels, a copy of the notice of intention to determine status and a notification to the property owner that the affected parcels may be merged pursuant to standards specified herein. The notification shall advise the owner that he or she may, within thirty days, request, in writing, a hearing to present evidence that the property does not meet the criteria for merger.
(Ord. 08-01 §1, 2008)
If a written request for a hearing on the determination of status is received by the planning department within sixty days of recordation of the notice of intention to determine status, the planning director shall set a time, date and place for a director's hearing.
A. 
The city shall notify the property owner of the time and place of the director's hearing by certified mail. The hearing shall be conducted not more than sixty days following the receipt of the property owner's request for hearing, but may be postponed or continued with the mutual consent of planning director and the property owner.
B. 
At the hearing, the property owner shall be given the opportunity to present evidence that the affected property does not meet the requirements for merger as set forth in Section 16.05.030.
C. 
At the conclusion of the hearing, the planning director shall make a determination as to whether the affected parcels are to be merged or not to be merged and shall notify the owner of his or her determination.
D. 
The planning director may make a determination of merger if the affected property meets the standards for merger specified in Section 16.05.030. The planning director may make a determination of nonmerger whether or not the affected property meets the standards for merger specified in Section 16.05.030.
(Ord. 08-01 §1, 2008)
A. 
If the planning director makes a determination of merger, he or she shall cause to be recorded a notice of merger no later than ninety days after the mailing of the notice of intention to determine status and no later than thirty days following a hearing on the matter, if a hearing is held. The notice of merger shall specify the names of the record owners and describe the affected property. The merger becomes effective on the date the notice of merger is filed with the county recorder's office.
B. 
If the planning director determines that the subject property shall not be merged, he or she shall cause to be recorded a release of the notice of intention to determine status and shall mail a clearance letter to the current owner of the subject property.
(Ord. 08-01 §1, 2008)