Under authority of Article 1.5 of Chapter 3 of Division 2 of
Title 7 of the Government Code, commencing with Section 66451.10,
the Planning Commission may determine pursuant to the provisions of
this chapter that contiguous parcels of land under common ownership
shall be merged. If the Planning Commission makes a determination
that contiguous parcels shall be merged under this chapter, such parcels
shall thenceforth be treated as a single lot under the provisions
of this code. This chapter shall apply only to those mergers of privately
owned property when initiated by the city.
(Ord. 95-764, 1995)
As used in this chapter, the following terms shall have the
following meanings:
means at least one-half ownership in the interest (including interests as joint tenants or tenants-in-common) in all contiguous parcels by the same individual, partnership, corporation, firm, association, or other person or business entity. Common ownership shall be determined as of the time of the Director's preliminary determination, as provided for in Section 17.28.050.
means one of the two or more parcels which constitute contiguous
parcels.
means two or more adjoining parcels or units of land, sharing
some common boundary line or point. Parcels shall not be deemed contiguous
parcels if their common boundary line or point lies within a public
road, street or alley, or railroad rights-of-way, or other feature
deemed to be similar by the Director.
means gas, oil, hydrocarbon, gravel or sand extraction, geothermal
wells or other similar commercial mining activity.
(Ord. 95-764, 1995)
Contiguous parcels shall be eligible for merger if they meet
all of the following conditions:
A.
One
of the component parcels does not conform to standards for minimum
parcel size, under the applicable zoning ordinance;
B.
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;
C.
One
or more of the following conditions exists as to any of the component
parcels:
1.
Any
component parcel comprises less than five thousand square feet at
time of the determination of merger, or
2.
Any
component parcel was not created in compliance with applicable laws
and ordinances in effect at the time of its creation, or
3.
Any
component parcel does not meet standards for sewage disposal and domestic
water supply, or
4.
Any
component parcel does not meet slope stability standards, or
5.
Any
component parcel has no legal access which is adequate for vehicular
and safety equipment access and maneuverability, or
6.
Development
of any of the component parcels would create health or safety hazards,
or
7.
Any
component parcel is inconsistent with the applicable general plan
or any applicable specific plan, for reasons other than minimum lot
size or density standards.
(Ord. 95-764, 1995)
Notwithstanding Section 17.28.030, contiguous parcels shall not be eligible for merger if any one of the following conditions also exists with respect to any of the component parcels:
A.
On
or before July 1, 1981, the component parcel was enforceably restricted
open-space land pursuant to a contract, agreement, scenic restriction,
or open-space easement, as defined and set forth in Section 421 of
the Revenue and Taxation Code.
B.
On July 1, 1981, the component parcel was timberland as defined in subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in subsection (b) of Government Code Section 51201.
C.
On
July 1, 1981, the component parcel was located within two thousand
feet of the site on which an existing commercial mineral resource
extraction use was being made, whether or not the extraction is being
made pursuant to a use permit issued by the local agency.
D.
On
July 1, 1981, the component parcel was 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.
(Ord. 95-764, 1995)
A.
Whenever
an applicant submits an application for a tentative tract map, parcel
map, building permit, or other entitlement for development, the Director
shall conduct an investigation to determine whether the parcel or
parcels involved are eligible for a lot merger. The Director may require
any such information s/he deems necessary to make this determination,
to be provided as part of the application.
B.
No
application for a tentative tract map, parcel map, building permit,
or other entitlement to develop shall be certified as complete until
a final determination is made concerning lot merger.
(Ord. 95-764, 1995)
A.
Upon
a preliminary determination that the parcel or parcels involved are
eligible for merger, the Director shall prepare a notice of intention
to determine status for the parcel or parcels. Said notice shall contain
the following:
1.
A
statement that the Director has made a preliminary determination that
the parcels are eligible for merger pursuant to the standards specified
in this chapter; and
2.
An
explanation that the owner of the parcel or parcels may within thirty
days file a written request with the Director for a hearing on determination
of status and present evidence at the hearing that the property does
not meet the criteria for merger.
B.
A copy
of the notice of intention to determine status shall be mailed to
the then current record owner(s) of the parcel or parcels, by first
class certified mail.
C.
A copy
of the notice of intention shall also be filed for recording with
the County Recorder on the date the notice is mailed to the property
owner.
(Ord. 95-764, 1995)
Upon receiving a written request for a hearing from the owner
of the parcel or parcels, the Director shall fix a date, time, and
place for a hearing on the matter to be conducted by the Planning
Commission. The hearing shall be conducted not more than sixty days
following the Director's receipt of the owner's request for hearing,
but may be postponed or continued with the mutual consent of the Director
and the property owner. Written notice of the hearing shall be given
to the owner by certified mail. At the hearing, the owner or his or
her representative shall be given the opportunity to present any evidence
that the parcels involved do not meet the standards for merger, or
reasons why the parcels should otherwise not be merged.
(Ord. 95-764, 1995)
A.
If the owner of the parcel or parcels fails to request a hearing in writing within thirty days of his or her receipt of the notice to determine status, the Planning Commission may, at any time thereafter, without a hearing, make a determination whether or not to merge the parcels. If the Planning Commission decides to merge the parcels, a notice of merger specifying the name(s) of the record owner(s) and particularly describing the real property involved shall be recorded no later than ninety days following the mailing of the notice pursuant to Section 17.28.060.
B.
At the conclusion of a hearing held pursuant to Section 17.28.070, the Planning Commission shall make a determination that the affected parcels are to be merged or not merged and shall so notify the property owner(s). A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in this chapter. If the Planning Commission determines to merge the parcels, a notice of merger specifying the name(s) of the record owner(s) and particularly describing the real property involved shall be recorded within thirty days after conclusion of the hearing.
C.
If, in accordance with subsections A or B of this section, the Planning Commission determines that the subject property shall not be merged, it shall cause to be filed for record with the recorder of the county in which the real property is located a release of the notice of intention to determine status, recorded pursuant to Section 17.28.060, specifying the name(s) of the record owner(s) and particularly describing the real property involved. Additionally, the Planning Commission shall mail a clearance letter to the then current owner(s) of record.
(Ord. 95-764, 1995)
The property owner may appeal a determination of merger in the
manner prescribed for appeal by a subdivider in Section 17.04.110.
(Ord. 95-764, 1995)
