18.28.040   Additional prerequisites to merger.
   Notwithstanding the preceding Section 18.28.030, contiguous parcels shall be eligible for merger upon the existence of the conditions in subsections A and B of this section only, as those conditions are set forth in Section 18.28.030, if any one of the following conditions also exist 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, or is land devoted to an agricultural use as defined in subsection (b) of 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 is 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. 88-09-1011 § 1 (part))