Sec. 9-3.1210.  Mergers of nonconforming contiguous parcels.
   The City of Thousand Oaks may, as provided by Section 66451.11 of the Subdivision Map Act, 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 the standards for minimum parcel size, under the zoning ordinance of the City of Thousand Oaks applicable to the parcels or units of land 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 five thousand (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.
   (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 applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
   (c)   For purpose of determining whether contiguous parcels are held for the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
   (d)   This subdivision 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 California Government Code subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in California Government Code subdivision (b) of Section 51201.
   (3)   On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand (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 two thousand (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.
   (e)   For purposes of paragraphs (c) and (d) of this subdivision, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.
(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 974-NS, eff. September 8, 1987, as amended by part 23, Ord. 1437-NS, eff. July 7, 2005)