Whenever two or more contiguous parcels or units of land which
have been legally created under the provisions of this division or
code are held by the same owner, such parcels, or units must be merged
where any of the following conditions exist:
A.
One of the parcels or units of land does not conform to the current standards for minimum parcel size to permit development under the City zoning ordinance and at least one of the parcels is not occupied by a building; provided, however, that merger must occur only to the extent necessary to establish lots conforming to the current standards for minimum parcel area and dimensions and after a public hearing has been held pursuant to Section 12.18.040; or
B.
The
owner constructs structures or buildings on, over, or across existing
parcel lines between contiguous parcels or units of land and develops
such parcels or units as a single unit; provided, however, that merger
must occur only to those parcels, or units which are developed as
a single unit.
(Ord. 565 § 3, 2019)
After merger has occurred with respect to any contiguous parcels
or units of land under this chapter, such parcels, or units of land
will be treated as a single parcel under the provisions of this code.
(Ord. 565 § 3, 2019)
Property is considered as contiguous parcels or units of land
only if such parcels or units of land are adjoining, even if such
parcels, or units of land are separated by roads, streets, alleys,
railroad rights-of-way, or other features deemed to be similar by
the Director.
(Ord. 565 § 3, 2019)
A.
Whenever
the Director believes that real property should be merged pursuant
to this division, or that real property has merged pursuant to the
Subdivision Map Act, the Director must prepare a notice of merger
for recordation subject to the following conditions:
1.
At
least 30 days before recording the notice of merger, the Director
must provide the owner of the parcels to be affected by the merger
with written notice of the intention to record the notice of merger;
2.
The
notification of the intention to record the notice of merger must
specify a time, date, and place at which the owner may present evidence
to the Director of why such notice should not be recorded;
3.
The
Director must also provide the owner with a copy of the notice of
merger;
4.
The
notice of merger must describe the real property, specify the names
of the record owners, certify that the property has merged pursuant
to the Subdivision Map Act, and specify the reasons for merger.
B.
This
section is not applicable to lots for which a certificate of compliance
has been issued or which were created by a recorded map or a map filed
with the County according to procedures in effect at the time the
lots were created.
(Ord. 565 § 3, 2019)
Whenever the Director determines that real property has merged
pursuant to this chapter, the Director is authorized and directed
to cause a notice of merger, specifying the name(s) of the record
owner(s) and particularly describing the real property affected by
the merger, to be filed with the County Recorder.
(Ord. 565 § 3, 2019)
