The county of Lassen may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance of Lassen County applicable to the parcels or units of land 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 exists:
(1) 
Comprises less than five thousand square feet in area at the time of 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) 
Its development would create health or safety hazards;
(7) 
Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
(Ord. 2022-12 § 4)
(a) 
For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that a notice of intention to determine status is recorded.
(b) 
This section shall not apply if one of the following conditions exists:
(1) 
On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement;
(2) 
On July 1, 1981, one or more of the contiguous parcels or units of land is timberland or is land devoted to an agricultural use;
(3) 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of a future commercial mineral resource extraction use being made, whether or not the extraction is being made pursuant to a use permit issued by the planning commission;
(4) 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the planning commission.
(c) 
For purposes of subsections (b)(3) and (b)(4) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.
(Ord. 2022-12 § 4)
A merger of parcels becomes effective when the department of planning and building services causes to be filed for record with the recorder of Lassen County a notice of merger specifying the names of the record owners and particularly describing the real property.
(Ord. 2022-12 § 4)
Prior to recording a notice of merger, the department of planning and building services 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 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 with the recorder of the county in which the real property is located on the date that notice is mailed to the property owner.
(Ord. 2022-12 § 4)
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 department of planning and building services a request for a hearing on determination of status.
(Ord. 2022-12 § 4)
Upon receiving a request for a hearing on determination of status, the director of planning and building services or designated representative 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 less than thirty days following the local agency's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency 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 standards for merger. At the conclusion of the 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 owner of its determination. A notice of merger shall be recorded within thirty days after conclusion of the hearing if a determination is made that parcels are to be merged.
(Ord. 2022-12 § 4)
If, within the thirty-day period after recordation of the notice of intention to determine status, the owner does not file a request for a hearing in accordance with this chapter, the director of planning and building services or designated representative may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A notice of merger shall be recorded as provided for in this chapter no later than ninety days following the mailing of a notice of intention to determine status if a determination is made that the parcels are to be merged.
(Ord. 2022-12 § 4)
If a determination is made that the subject parcels shall not be merged, the director of planning and building services or designated representative shall cause to be recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.
(Ord. 2022-12 § 4)
(a) 
Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984:
(1) 
The parcel meets each of the following criteria:
(A) 
Comprises at least five thousand square feet in area;
(B) 
Was created in compliance with applicable laws and ordinances in effect at the time of its creation;
(C) 
Meets current standards for sewage disposal and domestic water supply;
(D) 
Meets slope density standards;
(E) 
Has legal access which is adequate for vehicular and safety equipment access and maneuverability;
(F) 
Development of the parcel would create no health or safety hazards;
(G) 
The parcel would be consistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.
(2) 
And, with respect to such parcel, none of the following conditions exist:
(A) 
On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement;
(B) 
On July 1, 1981, one or more of the contiguous parcels or units of land is timberland or is land devoted to an agricultural use;
(C) 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the planning commission;
(D) 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the planning commission.
(b) 
For purposes of subsections (a)(2)(C) and (D) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.
(Ord. 2022-12 § 4)
Upon application made by the property owner, the director of planning and building services or designated representative shall make a determination that the affected parcels have merged or, if meeting the criteria of Section 16.40.090, are deemed not to have merged.
(a) 
Upon a determination that the parcels meet the standards specified in Section 16.40.090, the director of planning and building services or designated representative shall issue to the owner and record with the county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this chapter.
(b) 
Upon a determination that the parcels have merged and do not meet the criteria specified in Section 16.40.090, the director of planning and building services or designated representative shall issue to the owner and record with the county recorder, a notice of merger as provided in Section 16.40.030.
(Ord. 2022-12 § 4)
(a) 
A property owner may request a voluntary merger of a parcel or unit with a contiguous parcel or unit held by the same owner. Applications for voluntary mergers shall be directed to the department of planning and building services on forms supplied by it and shall be accompanied by the applicable fees listed in Chapter 3.18 of the Lassen County Code. The director of planning and building services or designated representative, with input from the county surveyor and other departments, shall determine whether the project constitutes a merger and shall approve, conditionally approve, or disapprove the application. Any appeal of this decision shall be in accordance with the procedures outlined in Section 16.08.290 of this title.
(b) 
When any and all conditions that have been determined by the director of planning and building services or designated representative have been satisfied by the applicant, a certificate of merger shall be prepared by a California registered civil engineer authorized to practice land surveying or by a California licensed land surveyor and be submitted to the county surveyor for review and recording. The certificate shall be accompanied by the applicable review fee listed in Chapter 3.18 of the Lassen County Code. The certificate of merger shall describe the resultant parcel boundary and shall be executed by all record owners of interest in the properties involved. Any required record of survey maps and deeds of trust that require modification shall be recorded concurrently with the certificate of merger. The final submittal shall include appropriate fees for recordation of all documents and the pre-payment of property taxes shall also be required pursuant to Section 66493 of the Subdivision Map Act.
(c) 
If the certificate of merger is not recorded within twenty-four months of the date of approval or conditional approval, the merger shall be considered null and void. One extension of six months may be granted by the county surveyor upon good cause shown by the applicant. The certificate evidencing such extension shall be recorded with the certificate of merger.
(Ord. 2022-12 § 4)
(a) 
The Lahontan Regional Water Quality Control Board has established a waste discharge prohibition that prevents the discharge of any waste containing nutrients from individual on-site sewage disposal systems located within the Spaulding Eagle Lake Tract, as said Tract is shown on the map filed in Book 1 of Maps, Pages 50–52, of the official records of Lassen County, California. Waste water conveyance and treatment will be provided to an individual building site if the requirements of this section are satisfied, along with those required by the Spalding Community Services District.
(b) 
An approved individual building site requires a minimum number of lots to be combined because said map of the Spaulding Eagle Lake Tract depicts lots that are of a size which do not meet minimum area requirements. Therefore, a minimum number of four adjoining and contiguous lots shall be required for an approved building site. The combination of lots shall provide a minimum separation distance of one hundred feet between any domestic well and septic tank.
(c) 
An approved individual building site shall require recordation of a Building Site Designation form in the official records of Lassen County, California. This form shall be signed and notarized by the property owner(s) of record and shall be signed and notarized by representatives from the planning and building services department. Prior to signature and approval by the planning and building services department, said building site designation must be signed by either the general manager of the Spalding community services district or the board chairman of the Spalding community services district. Said building site designation must indicate that the Spalding community services district will provide service to the proposed building site. Each building site designation that is recorded in the official records of Lassen County shall reference the subject lots by lot and block numbers, as said lot and block numbers are shown on said map of the Spaulding Eagle Lake Tract. Recordation of an approved building site shall allow for subsequent issuance of a permit from the Spalding community services district for waste water connection at an individual building site.
(d) 
Each building site designation that is recorded in the official records of Lassen County shall serve to officially merge those lots of the Spaulding Eagle Lake Tract that are specifically listed on the building site designation. Further, any previously recorded building site designations shall be officially recognized as having merged, pursuant to Section 16.40.110 (Voluntary merger requested by property owner), those lots of the Spaulding Eagle Lake Tract that are specifically listed on any building site designation.
(e) 
Should any additional whole lots of said Spaulding Eagle Lake Tract be desired to be added to or subtracted from an existing recorded building site designation, a new building site designation may be recorded which shall supersede any previously recorded building site designation, if approval is granted by and obtained from the Spalding community services district and said building site designation is approved and recorded as specified in this section. If any alteration of the exterior boundaries of a previously recorded building site designation are desired, aside from merely adding or subtracting whole lots to a previously recorded building site designation, this shall be accomplished only through the procedures relating to a lot line adjustment or by resubdivision pursuant to provisions of the Subdivision Map Act.
(f) 
The property owner shall pay the fee for processing a proposed building site designation specified in Section 3.18.020 upon presentation of a proposed building site designation to the planning and building services department.
(Ord. 2023-01 § 3)