The City of Encinitas may cause the merger of contiguous parcels of land under the same ownership, pursuant to the provisions and procedures established by this chapter.
(Ord. 88-28)
Pursuant to the procedures prescribed by this chapter the City of Encinitas 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 applicable to the parcels or units of land under the Zoning and Development Code of the City; 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 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, so that no buildable site is possible.
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 City of Encinitas 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 notice of intention to determine status is recorded.
D. 
This chapter shall not apply if one of the following conditions exist:
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, as defined and set forth in Section 421 of the Revenue and Taxation Code.
2. 
On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.
3. 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 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 local agency.
4. 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 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 local agency.
For purposes of paragraphs 3 and 4 of this subsection, mineral "resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.
(Ord. 2017-03)
A merger of parcels becomes effective when the City causes to be filed for record with the Recorder of San Diego County, a notice of merger specifying the names of the record owners and particularly describing the real property.
Prior to recording a notice of merger, the Director of Planning and Building 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 pursuant to standards specified in the merger ordinance, 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 San Diego County on the date that notice is mailed to the property owner.
(Ord. 2003-08)
At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Director of Planning and Building a request for a hearing on determination of status.
(Ord. 2003-08)
Upon receiving a request for a hearing on determination of status from the owner of the affected property, the Director of Planning and Building shall fix a time, date, and place for a hearing to be conducted by the City's Planning Commission and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the Director and the property owner.
(Ord. 2003-08)
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 specified in this chapter. 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. The Director of Planning and Building shall so notify the owner of this determination. A determination of nonmerger may be made when the affected property meets the standards for merger specified in this chapter, when it can be found that the parcels as separate, unmerged lots qualify for recordation of a certificate of compliance as established by this title, and each parcel as a separate development site will be consistent with the applicable adopted goals and policies of the City of Encinitas for land development and use.
(Ord. 2003-08)
If, within the 30-day period specified in Section 24.76.050, the owner does not file a request for a hearing, the Director of Planning and Building may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 24.76.030 no later than 90 days following the mailing of notice required by Section 24.76.070.
(Ord. 2003-08)