Two or more contiguous parcels held by the same owner shall
be merged if one of the parcels does not conform to the minimum lot
size required by Titles 20-24 (Zoning) of this Code, 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.
B.
With
respect to any affected parcel, one or more of the following conditions
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.
C.
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 pursuant to this
chapter.
(3531-2/02)
Prior to recording a Notice of Merger, the Director 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 this chapter and that,
within 30 days from the date the notice of intention was recorded,
the owner may request a hearing before the Director 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 Director on the same day that the notice is
mailed to the property owner.
(3531-2/02)
A.
The
owner of the affected property may file a written request for a hearing
with the Director within 30 days after recording of the Notice of
Intention to Determine Status. Upon receipt of the request, the Director
shall set a time, date and place for a hearing before the Director
and notify the owner by certified mail. The hearing shall be conducted
within 60 days following the receipt of the owner's request, or may
be postponed or continued by mutual consent of the Director and the
property owner.
B.
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.
C.
At
the conclusion of the hearing, the 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 Director within five days of
the date of the hearing.
(3531-2/02)
A.
If
the Director makes a determination that the parcels are to be merged,
a Notice of Merger shall be filed for record with the County Recorder
by the Director within 30 days of the conclusion of the hearing, unless
the decision has been appealed pursuant to Section 257.10. The Notice
of Merger shall specify the name of the record owner and a description
of the property.
B.
If
the Director makes a determination that the parcels shall not be merged,
a release of the Notice of Intention to Determine Status shall be
filed for record with the County Recorder by the Community Development
Department within 30 days after the Director's determination and a
clearance letter shall be mailed to the owner by the Director.
(3531-2/02, 4102-10/16)
The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the notice of determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner.
(3531-2/02)
If the owner does not file a request for a hearing within 30
days after the recording of the Notice of Intention to Determine Status,
the Director 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
by the Director within 90 days after the mailing of the Notice of
Intention to Determine Status pursuant to Section 257.04.
(3531-2/02)
A.
If the merger of contiguous parcels is initiated by the property owner, the owner may waive the right to a hearing before the Zoning Administrator and to all notices required by this chapter. Upon signing the waiver, the Director 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. The owner may apply for merger pursuant to Chapter 256.
B.
When
two or more contiguous parcels are developed and used as one residential
site, the property owner shall at the time of remodel or expansion
initiate a merger request. The Director may approve the merger and
cause to be recorded a covenant to hold as one parcel provided no
public improvements or dedications are required.
(3531-2/02)
A.
Upon
written application made by the owner to the Director, the Director
shall make a determination that the affected parcels have merged or
are to be merged. If the Director determines that the parcels have
not merged, the owner shall be so notified by the Director.
B.
If
the Director determines that the parcels were merged but that they
meet the conditions for unmerger in Section 257.18, a notice of status
shall be issued to the owner and filed for record with the County
Recorder by the Director. The notice of status shall identify each
parcel and declare that they are unmerged pursuant to this chapter.
C.
If the Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, 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 Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248, provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal.
(3531-2/02)
Any parcels that were merged under the provisions of any law
prior to January 1, 1984, but for which a Notice of Merger was not
recorded on or before January 1, 1986, shall remain unmerged until
such time as the parcels have been lawfully merged by subsequent proceedings
initiated by the City that meet the requirements of this chapter.
(3531-2/02)
