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A parcel or unit may be merged with a contiguous parcel or unit held by the same owner in the following manners:
(A) When requested, in writing, by the owner of the property subject to recording, at the owner's expense, a notice of merger, or
(B) In compliance with Cal. Gov't Code §§ 66451.10 et seq., if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the city code, the following requirements must be satisfied:
(1) 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.
(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) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
(3) The procedures specified in Cal. Gov't Code §§ 66451.10 et seq. shall be used in merging parcels.
(`67 Code, § 11-7-3) (Ord. 89-09, passed 11-27-89)