(a) Pursuant to the authority set forth in Article 1.5 (Section 66451.11 et seq.) of the Subdivision Map Act, a local agency may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one (1) of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance of the local agency applicable to the parcels or units of land and if all of the following requirements are satisfied:
(1) At least one (1) 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 described in subsection (1) above, one or more of the following conditions shall be found to exist:
(i) The parcel comprises less than five thousand (5,000) square feet in area at the time of determination of merger.
(ii) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
(iii) The parcel does not meet current standards for sewage disposal and domestic water supply.
(iv) The parcel does not meet slope stability standards.
(v) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
(vi) The parcel’s development would create health or safety hazards.
(vii) The parcels are inconsistent with the County General Plan and any applicable area plan or specific plan, other than minimum lot size or density standards.
(3) The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13, and is afforded the opportunity for a hearing pursuant to Section 66451.14.
(b) A merger of parcels becomes effective when the local agency causes to be filed for record with the recorder of the County in which the real property is located, a notice of merger specifying the names of the record owners and particularly describing the real property.
(c) Pursuant to Section 66451.13 of the Subdivision Map Act, prior to recording a notice of merger, the local agency 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 the County in which the real property is located on the date that notice is mailed to the property owner.
(d) Pursuant to Section 66451.14, at any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the local agency a request for a hearing on determination of status. Upon receiving a request for a hearing, the local agency shall schedule and a public hearing, pursuant to Sections 66451.15, 66451.16. 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 the merger ordinance.
(e) At the conclusion of the hearing, the local agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. If the merger ordinance so provides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 66451.11. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing, as provided for in Section 66451.12.
(f) Any division, by any subdivider, of any unit of parcels declared merged by this section for the purposes of sale, lease, or financing shall constitute a “subdivision” for the purposes of this chapter and the Subdivision Map Act and shall require compliance with this chapter and the Subdivision Map Act.
(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)