(A) Purpose. This section is provided pursuant to Article 1.5 - Merger of Parcels of the Subdivision Map Act (commencing with §§ 66451.10 et seq.) for the purpose of establishing the authority of the city to require the merger of two or more parcels or units of land held by the same owner.
(B) Where these provision do not apply. This section shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act, applicable at the time of their creation, or to parcels which were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner. However, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development pursuant to the Zoning Code and the standards established by paragraph C of this section, then those parcels or units shall be merged.
(C) Unmerged parcels prior to January 1, 1984. Any parcels or units which were deemed unmerged, prior to January 1, 1984, under the Subdivision Map Act and which have not been merged subsequently shall be considered separate parcels for purposes of this section.
(D) Merger of nonconforming contiguous parcels under single ownership. Contiguous parcels or units of land held by the same owner on the date that notice of intention to determine status is filed shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development set forth in the Zoning Code and if all of the following requirements are satisfied:
(1) At least one of the affected parcels has 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.
(2) With respect to any affected parcel, one or more of the following conditions exists:
(a) Comprises less than 5,000 square feet in area at the time of the determination of merger.
(b) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
(c) Does not meet current standards for sewage disposal and domestic water supply.
(d) Does not meet slope stability standards.
(e) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
(f) Its development would create health or safety hazards.
(g) Is consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
(3) Division (D)(2) of this section shall not apply if any of the conditions stated in Cal. Gov’t Code § 66451.11(A), (B), (C), (D) or (E) of the Subdivision Map Act exist.
(E) Proceedings for notice of intention to determine status.
(1) Whenever the City Engineer has knowledge that real property has merged pursuant to this section, the City Engineer shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intention shall state that the affected parcels may be merged pursuant to this section; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the Planning Commission to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date not less than 30 days but not more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing, the city shall determine whether the affected property has merged pursuant to this section. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in division (D)(1) of this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing.
(2) If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days from the date of the hearing, unless the decision has been appealed as provided in division (E)(3) of this section. The notice of merger shall specify the name or names of the record owner or owners, and shall particularly describe the real property. If the parcels have not merged, the City Engineer shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested, the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing.
(3) If the owner requested a hearing, the decision of the Planning Commission may be appealed to the City Council within 10 calendar days of the date of mailing the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council agenda not less than 30 but not more than 60 days from the date of the appeal. If after a hearing the Council grants the appeal, the City Clerk shall record within 30 days with the County Recorder a release of the notice of intention. If the appeal is denied, the City Clerk shall within 30 days record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owners.
(Ord. 1346, passed 5-2-12)