Each body acting on or considering any item brought before it
by an applicant shall consider all land contiguous to that described
on the application whether improved or unimproved which is owned actually
or constructively, legally or equitably by the applicant or by any
person having any such interest in the property described in the application.
(SCC 574 § 2, 1983)
The body considering the item shall recommend or determine,
as appropriate, the extent of the land which must be included in or
described on the approval sought.
(SCC 574 § 2, 1983)
All contiguously-owned property shall be indicated on any map
and shall be revealed on all applications for any approval of notice.
(SCC 574 § 2, 1983)
All contiguously-owned property not otherwise legally divided
or property which is merged as a matter of law shall be included in
the map approval of description, except as specifically provided herein.
(SCC 574 § 2, 1983)
Property shall be deemed merged as a matter of law only if said
property as shown on the latest equalized assessment roll as a unit
or units, or as contiguous units, is held in common ownership, and
A. Was
"not legally divided" as defined herein; or
B. At
the time it was divided did not conform to the minimum lot area requirements
of the County so as to preclude use or development of the property,
and at least one of the contiguous parcels or units, or portions thereof,
is not developed with a building for which a building permit has been
issued or which was built prior to the time a building permit was
required; or
C. The
subdivision map creating the contiguous parcels was recorded prior
to January 1, 1948, and at least one of said contiguous parcels or
units, or portions thereof, is not developed with a building for which
a building permit has been issued, or which was built prior to the
time a building permit was required.
Mergers shall occur only to the extent necessary to conform
the lots with the minimum lot area standards. Consolidations may be
made in any configuration, subject to approval of the Director. For
the purposes of this section, "not legally divided" means property
shown on assessor's maps as divided, and such division is contrary
to the Subdivision Map Act, this title or predecessor regulations.
|
(SCC 574 § 2, 1983; SCC
1585 § 10, 2015)
Any merger, or purported merger of parcels or units of property
which occurred pursuant to this title, including all previous enactments
of this title, which are inconsistent with the provisions of Section
2.20.040, shall be of no force or effect and such parcels or units
of property shall be deemed unmerged as provided in Section 66424.2.
(SCC 574 § 2, 1983)
Parcels for the purposes of this title, shall be considered
lawfully created if:
A. A certificate
of compliance, final parcel map or final subdivision map has been
approved on or after March 4, 1972;
B. The
property was divided subsequent to January 1, 1948 by a final subdivision
map or final parcel map recorded prior to March 4, 1972;
C. The
property was in fact divided by actual sale, lease or financing arrangement
prior to March 4, 1972 and which said division complied with all laws
in effect at the time of said division; or
D. The
property was divided by court judgment or decree or other means only
if such means are not governed by the Subdivision Map Act, or any
ordinance of the County provided the Board finds that no attempt was
made to avoid the provisions of the Subdivision Map Act or county
regulations. The burden of proof to enable the Board to make its finding
is the responsibility of the property owner.
(SCC 574 § 2, 1983; SCC
1585 § 11, 2015)
A. Subject to the limitations set forth in subsections
(B) and
(C) of this section, upon request of the legal owner of contiguous parcels, the County may approve pursuant to
Government Code Section 66499.20.3, the merger of the parcels without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by any documents or maps as may be required by the County to demonstrate legality and common ownership of said parcels. In approving the combination of parcels, the County may impose reasonable conditions. Upon approval, a certificate of compliance - consolidation shall be recorded with the County Recorder. The filing of the certificate of compliance shall constitute legal merger of the land affected thereby. Where the County or applicant deem it necessary to define and monument the boundaries of the merged parcel, a record of survey otherwise in compliance with all requirements may be filed at the same time as the merger.
B. Voluntary
mergers of parcels which create additional subdivision potential shall
only be approved where the property owner consents to a condition
which limits the subdivision potential of the property to that which
existed prior to the merger.
C. The
voluntary merger of commonly held parcels which are unbuildable because
of size, lack of access or topography shall not be approved unless
the owner of the parcels either:
1. Merges
all commonly held contiguous parcels to achieve maximum compliance
with the underlying zoning in effect as of the date of the application.
2. Merges
commonly held contiguous parcels into configurations which are consistent
with the underlying zoning in effect as of the date of the application.
(SCC 1351 § 1, 2007; SCC
1585 § 12, 2015)